State Senator Myron Dorn

We are experiencing extreme cold temperatures outside but the floor debate is heating up. The Legislature had its first filibuster of the session on LB 229. This bill would put into statute what is considered the practice of ride-share drivers as independent contractors. The bill adds workers who use apps like Uber and Lyft to the existing list of workers who are classified as independent contractors and are excluded from the state’s Employment Security Law.

An amendment was filed and adopted which expanded the definition of these workers to include a person transporting freight, envelopes, boxes, parcels or other similar sealed or closed containers for compensation and those who deliver food such as Door Dash Drivers.

In the first round of debate on February 6th, opponents debated the bill for a few hours but eventually the bill did advance. During the debate on Select File, Senator Danielle Conrad said this bill closes off avenues for the drivers and the companies to decide how they want to view drivers and the bill is not needed. Senator Dunxi Guereca of Omaha also opposed the bill stating the rates are set by the platform and fluctuate so the driver can’t reliably predict their earnings.

However, on February 19th, after four hours of debate over three days, a cloture motion was made to cease debate. The motion was successful with 33 senators in support and 16 senators opposed. I supported the cloture and the advancement of the bill to Final Reading.

The Executive Board of the Legislature supervises all legislative services and employees. The board also has jurisdiction over subject areas such as constitutional amendments or bills that govern the Legislature or the legislative process. One proposal presented to the Executive Board on February 18th, was from Speaker Arch on LB 298. This bill is the outcome of an Attorney General’s Opinion by AG Mike Hilgers which raised concerns about the legislative Inspectors General for Children and for Corrections and stated they did not have the oversight powers to encroach on functions that are the purview  of the executive and judicial branches of government. His opinion basically shut down access by the inspectors general and our Ombudsman’s office, from any information regarding Health and Human Services, Department of Corrections, and other state agencies. These offices have been vital to the Legislature’s ability to help citizens who have had issues with state agencies, and to be the checks and balances for the other two branches of government. The bill creates a new Division of Legislative Oversight, encompassing both the inspectors general for child welfare and corrections, as well as the Legislative Performance Audit office. The division would be overseen by a newly formed nine-member committee in the Legislature. Attorney General Hilgers spoke in favor of the bill but did request some additional adjustments in the language. The Court Administrator, speaking on behalf of the Judicial branch, was opposed. The Executive Board has not taken action yet on this proposal. I am in full support of LB 298.

The Appropriations Committee has spent the past month reviewing state agency requests with the legislative fiscal office. Now we have begun the process of hearing directly from the agencies themselves on their requests. We also will hold public hearings on 40 bills referred to our committee requesting state funds for various proposals. As I have said in past newsletters, the state is facing a $432 million shortfall. Recent revenue reports have improved the fiscal outlook but we still are far short from meeting the constitutional requirement of a balanced budget. We will get there but it will take a great deal of work, hard decisions, cutting funding or moving various cash funds to the General Fund to help with the shortfall.

Recently a person came to our office, frustrated that he did not know about a particular bill. It is hard to ‘get the word out’ on any particular bill and to any particular group. An excellent source of information is the Unicameral Update. It is a weekly publication by the Legislature and the articles discuss bills that are either in committees or on the floor for full debate. The articles are very balanced by presenting both the proponent and opponent perspectives and the disposition of the bills. The Unicameral Update link is: https://update.legislature.ne.gov/

The Nebraska Legislature link is: nebraskalegislature.gov  Here you can find all the information on bills, hearing schedules, information on senators, legislative divisions, and legislative reports etc.

My contact information is mdorn@leg.ne.gov and 402-471-2620. As always, I appreciate hearing from you.