Over the past three weeks, the Legislature has frequently met well into the evening to take up as many priority bills as possible. One of those was my bill, LB 103, to help pay off federal judgements against a county. It advanced on a voice vote, and should be on final reading next week sometime. 

The long hours have been used to discuss several higher profile bills. Sen. Lindstrom of Omaha had introduced LB 64 to phase out the income tax on social security. This bill got first round approval, and was amended in the second round by Sen. Stinner, adding intent language to continue phasing out the tax, but not automatically. The idea behind the amendment is the uncertainty of the financial strength of the state that many years out. I would feel more at ease and comfortable with taking it five years at a time. If you had asked people 18 months ago what would be happening in the economy today, no one would believe you. The pandemic caught all of us off guard, and it makes you realize things can change over time, and that it is not a smart business decision to extend yourself out too far.

I have often discussed the amount of money “on the floor” for spending measures. We started with around $210 million and that was increased when the forecasting board met at the end of April to around $248 million. Appropriations Chairman Stinner said this week there is enough left to fit in remaining proposals. We need to make sure we don’t go over that amount, Nebraska’s constitution requires a balanced budget.

Considerable time was spent debating LB496. As introduced by Sen. Hilkeman, the bill would require a DNA sample from a person arrested for certain “crimes of violence” including arson, assault, kidnapping, homicide, sexual assault, robbery, and burglary. If convicted of a felony crime, that sample would be uploaded to the Combined DNA Index System (CODIS) national database, where it could be compared to other samples. This procedure has solved some crimes in the past. If the person was found not guilty, the sample would be destroyed.  

This generated a lot of conversation about going too far too quickly with DNA technology.  The amended version of LB 496 would not allow the sample to be tested or submitted to the database until after a judicial finding of probable cause; and provides that a DNA record be expunged if the charge is dismissed.

Sen. Wishart’s LB 474 was another discussion that took a full eight hours. Titled as the Medicinal Cannabis Act, Sen. Wishart said it was the most restrictive measure to be introduced in the country among states that have already approved medical cannabis.  Some of the changes she made did make me more comfortable with it, such as who could prescribe and who could dispense medical cannabis. An amendment I liked was filed by Sen. Ben Hansen, which would have tightened it even more, designating just one location in each US House district for growing, dispensing and so on; but the amendment did not come up for a vote.

One part of our discussion focused on the idea that if we didn’t do something this year on medical cannabis,it would be on the ballot in 2022. If the Legislature would have passed it ahead of time, it might have lessened that possibility, but most people think a petition drive will succeed and the issue will be approved by a vote of the people. If that happens, it would become part of our constitution; and the Legislature would be directed to come up with the details of enacting it, just as gambling was on the ballot and passed by a wide margin. Nebraska is one of just two or three states left without cannabis laws. Many other states have passed some form of recreational or medical use statutes.

Those senators who fought against LB 474 pointed out that marijuana is still listed as a Class 1 drug. Also, there is no federal approval, program or guidelines for medical cannabis and states don’t all have the same rules. The debate lasted until a cloture vote could be taken, which needed 33 votes. Thirty-one votes were cast in favor, and the measure was effectively killed for this session in the Legislature.

The Speaker has set a date, with some flexibility built in, to adjourn the session on May 27th. This would be four working days early but would still allow the body to consider any veto overrides that may be filed.  Things have been moving pretty well, we have moved a lot of bills and got some things done. We still have a lot of work to do in the next two weeks and anticipate more late nights on the floor. 

During the interim months, a lot more hard work needs to be done, and one of the biggest issues will be tax restructuring and school funding. The bills we have considered so far have made some improvements but have not sufficiently resolved the concerns we all have. As soon as we adjourn, studies will begin, leaving more time to write new bills to consider in the second half of this biennium next January.

Then of course, we will be back in special session the last two weeks or so of September to work on redistricting, as required in the state constitution. We have been told to expect census numbers to be certified in the August/September time frame. By then we also expect to have fewer restrictions from the pandemic, which will allow us to work more normally and efficiently.

In these last few days of session, please contact me at any time with your concerns or questions. mdorn@leg.ne.gov or call 402-471-2620.