Thank you for visiting my website. It is an honor to represent the people of the 42nd legislative district in the Nebraska Unicameral Legislature.

You’ll find my contact information on the right side of this page, as well as a list of the bills I’ve introduced this session and the committees on which I serve. Please feel free to contact me and my staff about proposed legislation or any other issues you would like to address.

Sincerely,
Sen. Mike Jacobson

Last Friday was Day 64 of the Nebraska Legislature. We will begin late-night sessions on Tuesday with a one-hour lunch breaks, since the Appropriations Committee will no longer meet over the lunch break. On our first late night, we will go until 7:00 p.m. with no dinner break. But, the length of late night debate will vary depending on bills scheduled that day and can go as late as 11:59 p.m.

This Friday, April 25, will be a significant day, because the Revenue Forecasting Board will meet that day. It will be their final meeting prior to the end of the regular session, and our budget will be based on these numbers. The Appropriations Committee has until Day 70 (April 29) to advance its budget proposal to the full legislature, and it must be approved by Day 80 of the 90-Day session. This means that the time to debate other non-budget bills is growing short, even with the longer days.

Anyone listening to the session on TV has witnessed some outlandish claims by those filibustering bills on the floor. The general theme is that the budget is out of balance due to Governor Pillen overspending and on tax breaks for the wealthy. The fact is, it is the Legislature that passes spending bills, not the Governor. And it’s important to remember the decisions of recent legislatures, and outside factors, that influence where we are today.

I was first appointed to the Legislature in February 2022 during the second half of the 107th Legislature. At that time, the pandemic was ending, and massive amounts of federal money had been infused into the economy. This infusion of dollars caused tax revenues to surge as businesses and individuals either paid more in income taxes and sales taxes, or both. The additional state income tax revenues were used to begin the elimination of the State tax on Social Security and the phase down of the highest income tax rate to 3.99% from the nearly 7% at the time. This change was necessary to make Nebraska more competitive in attracting businesses to Nebraska. Our neighboring states had more competitive tax rates, with South Dakota and Wyoming having no income tax at all. This was one of then-Governor Ricketts’ signature accomplishments as he ended his time as Governor.

It should also be remembered that the state budget surplus has exceeded the statutory limit in recent years, which required legislators to spend down the surplus. It was for that reason that several “one-time” spending measures were taken.

Around this same timeframe, the American Rescue Plan Act (ARPA) dollars were flowing as well. These dollars were targeted dollars for infrastructure projects and could not be used for tax reductions. I remember securing $20 million in ARPA money for the Sustainable Beef project to be used for the sewage treatment project. This was one of the permissible uses for ARPA funding.

Then came 2023, the year of the filibuster. This was the year when Senator Machaela Cavanaugh pledged to “burn down the session” if Senator Kauth did not withdraw her priority bill, LB574. As a result, she led a filibuster on every bill heard on the floor, including confirmations. As a result, committee amendments, which typically include provisions from multiple bills heard by the committee, grew to ensure work was still being done. One bill had over 23 separate bills included in one amendment. Many bills slipped through the process as Senators were tired, and the bills were so massive, it was hard to know what was in them in the amount of time we had to review. Some of the work we’re doing now is to undo legislation passed in 2023.

Part of our financial commitment is also the state’s increased support of education funding. When certain Senators accuse the Governor of crazy spending on tax breaks for the wealthy, they fail to mention the Education Future Fund, which called for $1 billion in education support. Stronger state funding for public education improves certainty for schools’ budgeting and decreases the educational portion of local property taxes. Lower property taxes benefit all Nebraskans.

Now, as we turn to the 109th Legislature, the Revenue Forecasting Board delivered a massive reduction in the revenue forecast that took away significant funding on which the budget was based in 2023-24. The work we are doing today is to make up that revenue shortfall with spending cuts and some replacement revenue. Keep this in mind as you listen to the debate over the budget. You will see a push on one side to repeal the income tax reductions and the property tax credits, and you will witness a strong defense of these tax reductions on the other. Let’s not forget how we got here.

I look forward to continuing to hear from you about issues that are important to you. It is a privilege to serve as your State Senator, and I will continue to give my full effort to make a positive difference for the District and the State. You can reach me at mjacobson@leg.ne.gov or 402-471-2729.

This past Friday marked Day 60 of the first session of the 109^th Legislature. The last of the non-priority bills are finishing their way through the process, and attention has largely turned to priority bills. However, the Speaker did announce this week that he also plans to hold one or two consent calendars.

Under the rules and the Speaker’s guidelines, Senators can request a non-priority bill be considered for a consent calendar bill if it is non-controversial, has no fiscal note, was advanced out of committee, and if any opposition at the bill hearing is resolved by the committee amendment. Generally, bills that are entirely new laws will not be included on a consent calendar. If your bill is selected for a consent calendar, it will be allowed up to 15 minutes of floor debate and cannot be amended beyond any committee amendment. This is a way to pass simple bills. Since the bills I sponsored are moving on their own, I will not be submitting a bill for consideration for a consent calendar.

As we move closer to Day 70, attention will turn to passing a two-year budget. In the meantime, several revenue-generating bills will be considered to help balance the budget. Although the number continues to evolve, Nebraska is facing a sizable budget deficit. We are getting to a balance through cuts to state spending in the Appropriations Committee and several bills for new revenues. Among those bills is LB527, my bill to draw down more federal Medicaid dollars for healthcare providers in Nebraska. Original estimates project that Nebraska would receive $117 million in the first budget cycle from LB527.

Last week, we debated LB650 as amended by AM923. LB650 was introduced by Senator von Gillern on behalf of the Governor and primarily repeals certain business incentives passed over the past two years. It also reduces funding to certain underutilized programs. In the end, this bill is a straightforward measure that makes changes we lived without prior to the original provisions’ passage. This bill is estimated to bring $71 million in additional revenue or savings during the budget period.

I consider most of the savings in LB650 as “low-hanging fruit,” but the rhetoric in the bill’s debate was much more dramatic. The next bills coming up for debate will include LB169 and LB170 introduced by Senator Brandt. These bills were amended in committee, but repeal several sales tax exemptions or add sales taxes to certain items not yet on the sales tax rolls. The items included on the list primarily focus on non-business inputs and not essential items, but anyone who has a dog in this fight is strongly opposed.

LB170 primarily focused on repealing the sales tax exemption on soft drinks in a bottle or can. Believe it or not, pop in a bottle or can is not subject to sales tax today, but if you buy it from a fountain where it is dispensed into a cup with ice, sales tax is charged today. These bills are sure to go through many changes before getting past the finish line. You can expect strong push back from many saying that we are increasing taxes. The fact is, we are balancing the budget without reducing the State’s commitment to property relief.

It is a privilege to represent you in the Nebraska Legislature, and I look forward to hearing from you regarding issues that are important to you. I can be reached at 402-471-2729 or by emailing me at mjacobson@leg.ne.gov.

The Speaker announced this week that he intends to keep bills moving that have made it to Select File, but will only schedule priority bills for General File debate. He has also cautioned that there is a good possibility that some priority bills will not be scheduled for debate due to time constraints. He may also choose not to reschedule bills that were filibustered on General File and are likely to be filibustered going forward. With that said, he may require Senators whose bill struggled on General File to show a vote card ensuring the votes are there to keep the bill moving. The Speaker wants to hear as many priority bills as possible.

During my time at the Legislature, I have seen many bills that were intended to improve the lives of Nebraskans. Unfortunately, many such bills create unintended consequences. Bills intended to reduce property taxes are among those bills. Our state Constitution mandates that land in Nebraska be taxed “uniformly and proportionately” with the exception of land designated as “agricultural and horticultural.” It may be valued as a separate and distinct class of land and shall be valued at less than full market value. 

Valuing land using this method is known as the “uniformity” clause in the Constitution and ensures that all classes of real estate are valued consistently based on comparable sales for each type of real estate. It is not perfect, but it requires certain classes of real estate (other than ag) to be valued at 100% of fair market value. 

So why is ag valued differently? The answer is that the value of ag land does not track with returns from all other classes of real estate due to the influence of outside investors. Today, many buyers of agricultural land buy the land because it is a “hard” asset that is also a hedge against inflation. 

At one time, agricultural land values tracked closely with the return on the land. For example, a quarter section of land in Clay County in 2018 would sell for approximately $8,000/acre and could be cash rented for up to $400/acre. Since that time, the value of the same land has risen to $14,000/acre, and the cash rent has actually fallen or remained the same at approximately $375/acre. Using $75/acre taxes and a cash rent of $350 equates to 21.4% property taxes of the income and reduces the income to $275/acre or a net return on investment of 1.964%. No other class of real estate is taxed at that level. This example uses a valuation of 75% of the actual fair market value. Meanwhile, other classes of real estate tend to have real estate taxes in the range of 10% of actual income, moving in concert with values.

LR12CA is Senator Kauth’s priority bill. It is a proposed Constitutional amendment to change the uniformity clause and eliminate the ag value exception. After visiting with her, the ag exception was restored, but the problem with the original text of the bill was to limit taxation of each class of real estate to 1.5% of full market value. The problem, of course, with this clause is that ag land could see a $14,000 farm taxed at up to as high as $210/acre with a cash rent income of $375.00.

The one redeeming quality of the bill was to limit annual increases in value up to the consumer price index (CPI) or 3%. There would be carve-outs if the property is sold under certain circumstances. In the end, if the bill moves forward, it will do so with only this change to the Constitution.

The original intent of the bill was very good, but the unintended consequences would have been very harmful to agriculture and come at a time when agriculture is least able to afford this cost. I appreciate Senator Kauth’s willingness to modify the bill before moving it forward.

It is a privilege to represent you in the Nebraska Legislature, and I look forward to hearing from you regarding issues that are important to you. I can be reached at 402-471-2729 or by emailing me at mjacobson@leg.ne.gov.

Now that committee hearings have ended, all-day floor debate begins. It is likely that several bills will be filibustered, but all-day floor debate will allow General File filibusters to take place in just over one day as opposed to taking nearly a full week. But still, there are several bills yet to be heard, including my priority bill, LB526.

I was honored to join our federal delegation in speaking this past Monday at the grand opening of Sustainable Beef. This project, like most large projects, took years to plan and bring to this point. Many people were involved in making this project come to pass. Clearly, the organizers and investors played a huge role, but the city, planning and zoning board, community redevelopment association, and state also played a role in getting the proper approvals and assisting with the project. But in the end, the organizers took a huge risk to make all this possible, and we all should be grateful. These opportunities don’t come along every day.

This project will have a huge impact on the entire region once it opens. The 850 plus jobs directly related to the project will be just the beginning. This project will not only positively impact the price of locally sourced cattle but will also have a positive impact on cow/calf producers. When more families locate here to fill the jobs created, they need a place to live, their children attend our schools, and all our retailers grow their sales. Growing the base also brings more retail, more housing, and all the amenities you find in urban areas while preserving the benefits of rural life. All this activity increases our property tax base and sales tax base, spreading the tax load over a broader base. It also grows the state’s economy, increasing the income tax base.

I have often said that economic development projects usually begin by having a competitive advantage over other locations. This project is a great example of utilizing built-in synergies. North Platte is at the nexus of access to cattle, an interstate and highway, and access to distribution infrastructure, which made it an ideal location for Sustainable Beef.

The same holds true when locating feedyards in west-central Nebraska. The primary reason for locating here is the climate. Because we have lower humidity, winter cold weather feels less cold, and the summer heat is less intense. The lighter soil reduces muddy conditions in late spring. The relatively less concentrated rural population base allows for greater distance between feedyards and their closest neighbors, reducing the risk of odors causing issues. And again, the interstate and nearby packing plants make this area a great place for area cow/calf producers to place quality feeder cattle in area feedyards and ultimately into this plant.

Special thanks to Gary Person, President and CEO of the North Platte Area Chamber and Development Corporation, and Brandon Kelliher, Mayor of North Platte, who helped the organizers navigate the process and get this project to the finish line.

Like the organizers said, Sustainable Beef was possible because of the right people being in the right place at the right time.

I look forward to continuing to hear from you about issues that are important to you. It is a privilege to serve as your State Senator, and I will continue to give my full effort to make a positive difference for the District and the State. You can reach me at mjacobson@leg.ne.gov or 402-471-2729.

As committee hearings come to an end, the Legislature will move to all-day floor debate after this week. The first half of the legislative session has proven to be fairly productive if you measure the session by number of bills passed and progress of bills advanced from committee. Through 48 legislative days, 49 bills have been approved by the Governor, and 22 bills are on Final Reading. However, it is likely that the pace of the Legislature is likely to slow as we experience more filibusters given the number of controversial bills that are yet to be scheduled for floor debate.

The Speaker has committed to continue moving forward non-priority bills that are on Select File. If a bill has not passed General File debate, it is very unlikely that it will be heard unless it was prioritized or gets attached to a bill that is moving forward. I am fortunate that five of my bills have been signed by the Governor, two are on Final Reading, two are on Select File, and two are on their way to Select File.

My priority bill, LB526, relates to cryptocurrency mining and was forwarded out of the Revenue Committee with my amendment late last week. As amended, the bill will not impose any new tax, but instead remain focused on limiting excessive consumption of electricity by large crypto miners who consume large amounts of electricity while producing very little new tax base and only a few jobs.

Today, there are several large employers who would locate a facility in Nebraska, create quality jobs, and broaden our tax base. Unfortunately, if they need more than 5 megawatts of power, they will need to get on a years-long waiting list if they need a continuous power supply. I brought LB526 to limit the consumption of electrical power by very large users who do not produce commensurate amounts of quality jobs, property taxes, income taxes, and sales taxes.

The reason I targeted cryptocurrency miners is because they are the classic consumers of very large electricity loads with only a few quality jobs and tax generation. As an example, the crypto mining facility in Kearney consumes more power than the entire City of Kearney does on an annual basis. The owner is located in Florida and there are fewer than five full-time local jobs today. They do pay sales tax on electricity consumption, including the local option sales tax Kearney, but most miners stay outside cities to avoid paying local sales tax.

Lincoln and Omaha have more level energy loads on an annual basis. Meanwhile, the rural public power districts have heavy electricity loads during irrigation season, but fall off significantly in the off-season. For that reason, the bill was amended to allow for rural power districts to accommodate crypto miners as long as they agree to be interrupted during peak load season or any time the demand is high. This allows rural power districts to sell excess power when it is available to help hold power costs down.

Our state needs a strategic plan that we all can get behind to make the best use of our state’s resources and use our built-in competitive advantages to grow the ENTIRE state. We also need to ensure public power is making the necessary investments to support economic development. One of the best ways to lower our tax burden is to take thoughtful steps to accomplish the growth we need. This will also clarify where our future investments need to be directed.

It is a privilege to represent you in the Nebraska Legislature, and I look forward to hearing from you regarding issues that are important to you. I can be reached at 402-471-2729 or by emailing me at mjacobson@leg.ne.gov.

All committee and individual priority bills were due last Friday and requests for Speaker priority bills were due last Thursday. The Speaker will announce his selections for Speaker priority bills on Monday. Going forward, the Speaker will begin scheduling priority bills to be heard on General File and will continue to schedule bills that have already moved to either Select File and Final Reading. At this point I have gotten 5 bills passed, one bill is on Final Reading, and three bills have been advanced from General File and are heading to Select File (including the “A” bill for LB527).

Two bills that I introduced are stuck in committee. One of those bills is LB37 The Railroad Safety Act. We knew that this bill was aggressive, but each train derailment and controllable accident makes our case stronger. Like the “two-person crew” bill last year, no one gave it a chance of passage, yet we got it out of committee and had over 25 votes for advancement. Unfortunately, we did not have the 33 votes for passage. This year, the railroad companies asked for an Attorney General opinion on the bill that suggested that several parts of the bill would have possible Constitutional issues. As a result, LB37 was not voted out of committee this session. We will be back next year with an amended bill.

Despite not being able to move LB37 this session, I think it’s still an important bill. Much of the railroads’ activities are regulated at the federal level. But just because some state action is preempted, it doesn’t mean there is no value in proposing a state solution. I am convinced that states taking action to pursue “two-person crew” was part of why the Federal Railroad Administration finally decided to act. I hope bills like LB37 will push the FRA to require more safety measures to be put in place.

There are several pending bills that will impact our area of the state. They include Daylight Saving Time legislation, one related to the brand area, and ongoing tax bills. One thing has become very clear to me over my time in the Legislature, the Senators representing the two largest cities in the state have no interest in paying for the cost of local government in rural Nebraska. This is one of the primary reasons I have opposed the EPIC tax; if all tax collections go to the Lincoln, we will never get back our share. That is crystal clear to me.

It is also clear to me that when people suggest that the tax cuts are unsustainable, I respond by saying it is the spending that is unsustainable. This year alone, we have heard bills that provide more and more free services or more state subsidies. Any money that the state leaves laying around will get spent if it is not in a segregated reserve account or already allocated.

Last week, we considered removing certain sales tax exemptions to raise additional revenue to balance the budget and provide property tax relief. Immediately following the hearing on removing some tax exemptions on sales taxes that will not impact “needs” of low-income residents and not raise taxes on business inputs, a bill was heard to provide a Homestead Exemption to first-time home buyers. One committee member suggested that the revenue produced from the additional sales tax revenue could pay for the new Homestead Exemption. I rest my case on the spending problem in Lincoln.

I am a firm believer that there must be some kind of tax shift if we are serious about property tax relief. Today, an annual tax shift occurs when expenses outpace revenue. That shift is in the form of additional property tax asks. We know that we will need nearly $300 million in state aid to political subdivisions to keep property taxes flat. We cannot stand by and let this continue. As a result, we must find a way to generate more revenue and cut spending at all levels of government. I like sales taxes because it is a voluntary tax if we do not include necessities and business inputs. Thousands of travelers drive through the state daily. If we can collect sales taxes from those travelers (like other states do) or generate funds from non-necessary goods and services, we can generate additional revenue without harming low-income families and negatively impacting businesses.

I look forward to continuing to hear from you about issues that are important to you. It is a privilege to serve as your State Senator, and I will continue to give my full effort to make a positive difference for the District and the State. You can reach me at mjacobson@leg.ne.gov or 402-471-2729.

This will be an important week in the Nebraska Legislature since individual and committee priority bill designations are due this Friday. The Speaker will announce his priority bill designations next Monday. Now that there are many bills for the Speaker to schedule for General File debate, it will be much harder to get a bill scheduled that does not have a priority designation. Each Senator can prioritize one bill and each committee can prioritize two bills. The Speaker can designate up to 25 bills. The Speaker’s priority bills are selected from a list of requests submitted to the Speaker by individual Senators.

Last week, we received an update on the budget and where we stood at this point. Unfortunately, we continue to receive bad news regarding federal funding cuts for programs that are mandated for states to administer. As a result, many of us believe that any bills with fiscal notes (funding needs) will likely need to be held and not be approved this year.

It is important to remember how we fund government in Nebraska. Political subdivisions (counties, cities, school districts, etc.) are the only entities allowed to collect property taxes. The state collects income taxes and sales taxes as their primary income sources. Various state agencies also collect fees for services. Counties also collect fees for various services and collect inheritance taxes. Cities also collect fees and “local option” sales taxes to enhance their revenues. School districts receive funds in the form of state and federal aid, but local property taxes provide a huge portion of their funding needs.

Like any entity that employs people, the state and its various political subdivisions also experience the increasing costs of doing business that others face. Government is feeling inflationary pressures, plus the increased costs of providing health insurance and other benefits. Health insurance costs alone are climbing at double-digit rates due in large part to additional insurance mandates and the rising cost of pharmaceuticals.

As a result of our current economic climate, the average annual increase in tax asks by political subdivisions throughout the state is increasing at a rate of approximately $275 million annually. Therefore, the state would need to increase aid to political subdivisions by this amount every year to keep our property taxes flat. The state currently dedicates over $1 billion in direct property tax credits each year and would need to increase those commitments by $275 million annually to offset the rising cost of funding political subdivisions.

I continue to read about ongoing frustrations that the Legislature is ignoring the property tax crisis and that we need a new tax system to fix the problem. The fact remains that no matter how we collect our tax revenue, the cost to support all levels of government continues to climb. There are two ways to fix this problem: reduce spending, increase revenues, or a combination of both. Increasing revenue can come by increasing existing tax rates, expanding the forms of taxation, or growing our state so the tax burden is spread over more taxpayers. The Legislature is focused on spending cuts, diversifying tax revenues, and growing the state.

As a member of the Revenue Committee, I have been shocked to see the number of bills that were heard this year that would increase spending or reduce tax revenues by giving tax credits. I would estimate that the cost to the state if all these bills were approved is over $1.5 billion. I will continue to oppose these bills unless the sponsor can demonstrate a rate of return on investment that outstrips the ask in the bill.

I will be joining a small group of lawmakers on Tuesday to discuss the budget with the Governor and map out the path forward this year. We will also get an update on efforts the Governor’s office has made to substantially reduce state spending by reducing waste and duplication. A company called Epiphany was hired two years ago to do a comprehensive review of state spending. They have found many savings to slow state spending growth. The same must be done at the local level to find ways to reduce property tax needs directly.

I still have not made a final decision on my personal priority bill, but will this week.

I look forward to continuing to hear from you about issues that are important to you. It is a privilege to serve as your State Senator, and I will continue to give my full effort to make a positive difference for the District and the State. You can reach me at mjacobson@leg.ne.gov or 402-471-2729.

I want to begin my remarks this week by thanking all the first responders and firefighters who have been battling the devastating grass fires that have returned to our area. I was contacted last week by Thomas County Sheriff Joseph Smith encouraging me to support legislation that increases opportunities to recruit and retain first responders and volunteer firefighters, as well as funding for equipment and a reliable communication network. This is a challenge faced by many in rural Nebraska, particularly the four counties north of Lincoln County. He sent me that text just as he was taking off his gun and badge to climb on to a firetruck to help fight the fires south of Mullen.

I continue to be amazed by the sense of duty demonstrated every day by many in our villages and towns who do everything possible to make these communities a great place to live and raise a family. I cannot say enough about all our first responders throughout the District!

Through last Friday (Day 35), the Governor has signed 18 bills into law, including two of my bills, LB38 and LB108e. There are 63 bills on General File (bills voted out of committee and waiting to be scheduled for floor debate), 14 bills that passed General File and are in Enrollment and Review Initial, 8 Bills on Select File, 24 in Enrollment & Review for Engrossing, and 13 bills on Final Reading.

Thus far, the Legislature is running ahead of the 2023 long session, but there are still several controversial bills either still in committee or yet to be scheduled by the Speaker. Once those bills get scheduled, you can expect filibusters to take place, but I remain optimistic.

The State Economic Forecasting Board met last week and raised their revenue forecast by $100 million in FY25 and another $65 million in FY26. This cuts the deficit projection significantly and helps the Legislature eliminate the budget deficit. However, it is an ongoing challenge to slow spending and increase revenues.

As vice-chair of the Revenue Committee, I am amazed that the number of “revenue” committee bills that have been heard in the committee thus far that have huge fiscal notes. Most people think that only the Appropriations Committee hears spending bills, but there are many bills heard in the Revenue Committee that either provide for tax credits or reductions in revenue that lower state revenues. To date, my “back of the envelope” calculations show nearly $1.5 billion in revenue losses if the committee approved every bill brought to it thus far in the committee. It is safe to assume that few if any of these bills will likely make it out of committee. There are many good ideas, just never enough money to fund them. Property tax reductions can only happen if spending is reduced.

Although the forecasting board brought some good news, there are certainly storms brewing on the federal level that suggest that the state could lose some of the federal funding it currently receives, including for federally mandated social programs. To the extent the state loses federal funding, we will have no choice but to make it up. For that reason, I anticipate opposing any bills with any significant spending component.

The Appropriations Committee is asked to submit its recommendations to the full Legislature by Day 70, which is scheduled to fall on Tuesday, April 27 this year. The forecasting board will meet again on April 25, the Friday prior to the date the state budget must be approved.

I look forward to continuing to hear from you about issues that are important to you. It is a privilege to serve as your State Senator, and I will continue to give my full effort to make a positive difference for the District and the State. You can reach me at mjacobson@leg.ne.gov or 402-471-2729.

Last Friday marked the 30^th legislative day of our 90-day session. We have reached the 1/3 completed mark! We will continue with half-day floor debate followed by committee hearings every afternoon beginning at 1:30 each afternoon through the last full week of March. On March 31, the Legislature will move to all-day floor debate.

I was happy to get my first two bills passed on Final Reading on Friday: LB38 (geologist bill) and LB108 (firefighter cleanup bill). Both bills now head to the Governor’s desk for his signature. Getting these bills heard in committee early and voted to the floor made it possible to get them scheduled for floor debate and ultimately passed. As more and more bills are passed out of committee, there are more bills available for the Speaker to schedule for floor debate. Getting non-priority bills scheduled will become more difficult and, at some point, impossible, as only bills with a priority designation will be scheduled for floor debate.

The Speaker reminded Senators this week that individual and committee priority bill designations are due on March 14. Anyone wanting a bill to be considered for a Speaker Priority designation must have their request to the Speaker on or before March 13. Although there is no guarantee that all priority bills will be scheduled for debate, they are guaranteed to be heard ahead of non-priority bills outside of any consent agendas or those that have already begun moving through the process. There are several bills pending in committees that will be controversial bills. Many of those will likely get the introducing Senator’s priority designation. When they are scheduled for floor debate will likely impact how fast bills are heard going forward.

One topic we discussed last week was a pair of dueling Daylight Savings Time bills. Both bills were voted to Select File so everyone could have time to let the debate sink in and think about their preference. The first bill is LB34 introduced by Senator Hunt. Her bill would move Nebraska to year-round Daylight Savings Time, subject to Congressional approval. Colorado has already adopted a similar bill. The second bill is LB302, introduced by Senator Murman, which would place Nebraska on permanent Standard Time once at least three states that border Nebraska do the same. Although there was no consensus on which bill to support, we all agree that our constituents want to stop moving their clocks twice yearly.

Although I prefer to have more sunlight in the summer, it is becoming clearer that LB302 is probably the better option. The Nebraska Medical Association shared research that indicates that our bodies’ internal clocks, or circadian rhythms, are primarily regulated by natural sunlight exposure. Standard time aligns more closely with the sun’s position throughout the year and is better for syncing with these natural rhythms. Studies show that Daylight Savings Time causes people to temporarily misalign this rhythm causing sleep disruptions, fatigue, and increases in stress.

I still have concerns about how the time zone change and the changes in Daylight Savings Time could affect the areas of Nebraska in Mountain Time. Depending on how Colorado and Wyoming decide to operate, the areas of Nebraska in Mountain Time could be out of sync with Colorado, Wyoming, and more eastern parts of Nebraska.

It should also be remembered that permanent Daylight Savings Time would mean that the sun would not rise this time of the year until 9:00 a.m. Let that sink in. The next round of debate for these bills will probably be back on the schedule soon. If you have a strong opinion one way or another, please let me know. At this point, I plan to support LB302.

Unfortunately, not everyone will be happy with whatever decision we come to, but I hope everyone understands the issues.

I look forward to continuing to hear from you about issues that are important to you. It is a privilege to serve as your State Senator, and I will continue to give my full effort to make a positive difference for the District and the State. You can reach me at mjacobson@leg.ne.gov or 402-471-2729.

Given the recent railroad derailments that have occurred in the area, it might be good to update everyone on LB37, the Railroad Safety Act. This bill is very similar to bills introduced in the past by Senator Lynn Walz. I introduced the bill on January 9, and it was referenced to the Transportation and Telecommunications Committee on January 13. I have been working with the committee chair, Mike Moser, to schedule the bill’s public hearing soon. He has indicated that he plans to have the hearing in early March, but I am encouraging him to schedule it sooner. At this point, another Senator has already agreed to prioritize the bill, which allows me to keep my priority options open.

The bill, if passed, would do the following:

1. Prohibits blocking a public crossing for more than 10 minutes.
2. Prohibits obstructing a public crossing in a manner that delays an emergency vehicle in assisting a person or property in danger.
3. Requires each railroad to offer training to fire departments with jurisdiction along tracks every three years to address general hazards of dangerous goods and hazardous substances, techniques to assess risks posed to the environment and to the safety of emergency responders and the public, factors an incident commander must consider in determining whether to attempt to suppress a fire or to evacuate an area, and other strategies for initial response by emergency responders.
4. Provides protections to employees who report injuries or other violations.

The first two items do not apply if the train is continuously moving or if an event beyond the railroad’s control keeps a train, freight or passenger car, or railroad transportation engine from moving. Violations can result in fines up to $100,000.

The bill also allows a designated union representative receiving a report to enter a railroad’s place of operation during reasonable hours to investigate the report, provided that the union representative gives reasonable notice to the appropriate railroad officer.

Other bills of interest that will have been voted out of committee are the two bills dealing with daylight savings time. Although this seems like a trivial issue, there is good scientific evidence that changing our clocks twice a year has negative effects on our bodies.

The first bill, LB34, introduced by Senator Megan Hunt, moves us to year-round daylight savings time as long as the federal government allows for it and as long as three border states approve it. (I like the bill as long as it includes Colorado.) The second bill is LB302, introduced by Senator Dave Murman. This bill requires Iowa, Kansas, South Dakota, and Wyoming to also make the change. Once again, Colorado is not included. I see this as a problem for those of us who live and work around the line separating Central and Mountain Time. Both bills were sent to the floor to let the body decide if we make a change. Although this is not the biggest issues we will deal with this session, I would be interested in hearing from you as to how you want me to vote on this issue. My preference at this time is to move to permanent Daylight Saving Time as long as Colorado also changes.

In the coming weeks we will be seeing more bills on the floor that will have significant implications. I will keep you informed as we move forward.

It is a privilege to represent you in the Nebraska Legislature, and I look forward to hearing from you regarding issues that are important to you. I can be reached at 402-471-2729 or by emailing me at mjacobson@leg.ne.gov.