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The 105th Nebraska Legislature adjourned sine die on Wednesday, April 18. Latin for “without day”, adjournment sine die means the legislature has adjourned with no specified date to reconvene. This concludes the 60 legislative days specified in Nebraska’s Constitution for the Legislature to meet during even numbered years. This is the only time during my four years in the Legislature the body has used all available days for legislative business.
The conclusion of the legislative session is accompanied by the usual volume of articles summarizing what was accomplished and what was not. Reasonable distance allows for more objective analysis, and I will address specific issues in greater detail in columns in the coming weeks. The most pressing issues facing Nebraska deserve more than a superficial discussion.
Although the Legislature has adjourned its regular session, a special session can still be called during the interim. As I wrote two weeks ago, it is my opinion that a special session dedicated to addressing property taxes is the most likely opportunity for structural reform. Shortly after I began discussing the idea with some of my legislative colleagues a group of 13 senators submitted a letter to the Secretary of State requesting a special session.
According to Nebraska statute, once a request is made to the Secretary of State by at least 10 senators, the first of two timelines is initiated. The first is a 10 day period for at least 33 senators to respond to the Secretary of State in support of a special session. Should that benchmark be reached, the Governor then has 5 days to issue a proclamation calling the Legislature into special session. The Legislature has never called itself into special session. The last special session, held in 2011, was called by the Governor, as were all prior special sessions.
The initiating request, made before the session even ended, illustrates why a solution to the property tax crisis has not been accomplished. The short time period for debate and “take it or leave it” approach of the past few sessions has prevented a successful legislative proposal from thorough discussion and debate. Repeating that mistake by calling the Legislature into session a week after it adjourned, locked in a stalemate, is simply repeating the same mistake. The timing of the request is more political than practical. It seems more important to “appear” to voters and the public that senators are “doing” something about property taxes by joining the call to an immediate special session than actually working toward success.
The advantage of a special session is to allow time for all senators to give sole focus on addressing property tax reform without distraction. Waiting until mid to late summer for a special session is far more practical. Proposals need time to be developed, vetted, and analyzed. With a primary election less than a month away, electoral politics would influence good policy, and those senators running for re-election would have their attention divided.
During my term the property tax reform proposals have been largely developed and negotiated by special interests. It is time the Legislature takes the reins and addresses a legislative solution by talking to each other. There have been no policy votes on any single property tax proposal in the past several years, only procedural votes used for political maneuvering. Until there is a clear picture of where each senator is at on specific components of the various proposals, an immediate special session would be a waste of taxpayer money and legislator time.
Success or failure of even the best idea rests in its execution. I am disappointed, but not surprised, by the rush to repeat the same mistakes that have prevented legislative success on property taxes. I support a special session that has been carefully prepared for with a high probability of success. Leadership, rather than political gamesmanship, is needed now more than ever.