With less than a week’s worth of session days yet to go, the procedure changes slightly here at the Legislature. There will not be enough time to take up any bill that has not advanced past the first round of debate, due to the time a bill must lay over for review by the Revisor’s Office. All remaining time will be spent on legislation that is on the second round or final reading. After the 59th day, we will be in recess for a few days to allow the Governor to sign or veto bills sent to his desk. Typically, the 60th day is reserved for veto overrides, if any; wrapping up the official record of the session and concluding remarks. This year we will still have bills on final reading on the 60th day, which falls on April 18th.

Since mid-March, we have been in session into the evening hours. We typically adjourn just before 10 pm, some sooner and one or two later than that hour. The long days have been necessary to allow full and fair debate on the matters before us.

One of those matters is in LB 388, which would be used to provide additional property tax relief to the people of Nebraska. As amended, it would have increased the state sales tax rate, imposed sales tax on the purchase of some items and eliminated the sales tax exemption on others. LB 388 was advanced to second round debate, but without those provisions due to the lack of support for an increase in sales tax. Extensive work is needed and alternatives will need to be brought forward.

The companion bill to LB 388, LB 1331, would require us to find an additional $1.17 billion, with a B, in the state budget; the goal of LB 388 was to generate those funds. LB 1331 as introduced by the Education Committee, would increase per-pupil “foundation aid” from the current $1,500 to $3,000, and aims to significantly increase state funding of K-12 education. Because it would also have a 3% cap on school district spending, the result would force down property taxes by an estimated 27.5%. However, without LB 388 as a funding source, the education bill, LB 1331, would be inoperable.

Without agreement on an amendment, LB 388 will not proceed and we will not have any more property tax relief in this session. That said, without passage of a revenue bill, a special session is a distinct possibility. The Governor may call us into a special session, and if so, we can take up only the topics indicated in the call.

In debate on LB 1300, The Pacific Conflict Stress Test Act, an amendment was offered to consider Nebraska’s Electoral College vote. Presently, Nebraska and Maine divide their presidential votes based on election totals. The remaining 48 states are “winner take all”; if Nebraska switched to this system, our five electoral votes would go to one candidate only. In the end, the ”winner take all “ amendment was ruled by the chair to not be germane to the bill, and a vote to override that ruling was unsuccessful. The bill itself did advance, and would require a comprehensive risk assessment to identify vulnerabilities, recommended mitigation and emergency response strategies for critical infrastructure, purchases and investments. The measure is intended to protect both systems and assets, whether physical or virtual, from encroachments on state or national security.

A compromise was reached on LB 399 and the bill was advanced to the second round. It would require transparency on the part of renewable energy development companies while giving residents the opportunity to comment on those projects. There are counties in Nebraska who do not have renewable energy zoning regulations like Gage and Lancaster counties have in place. So the bill calls for meetings to be held in the county in which a project was proposed and at least one board member of the private company would be required to attend in person. The company would also have to post a security bond as part of its decommissioning plan within six years. Any sale of the original project to another company would have to be disclosed. The hope is that the bill will not stop investment in Nebraska, but that it will also safeguard the views and concerns of the state’s residents.

Your input and opinions this session have been much appreciated. Please continue to contact me at any time at mdorn@leg.ne.gov, or call 402-471-2620. All legislative information can be found at www.nebraskalegislature.gov. Thank you!