When I accepted the appointment to the Legislature two years ago this month and then ran for election later that year, I did so with the intention of representing every resident of District 42. Although I am a conservative Republican, I have always understood that I represent Republicans, Democrats, farmers, ranchers, commercial businesses, teachers, organized labor, etc. As a result, I have focused on introducing bills that positively impact the residents in the district and give my full effort to get them passed. My wife Julie has committed her time to being there to help me stay focused.

When I first introduced LB31 last year, many of my conservative colleagues questioned why I would bring a bill that had never gone anywhere in the past and would impose regulations on a private business. I was quick to respond by pointing out that businesses of all kinds deal with federal, state, and local safety regulations on a regular basis. I also reminded them that the railroads (although private businesses) enjoy many federal subsidies and operate much like public utilities. I also made it clear that imposing the two-person crew requirement did not change their current operating environment. It simply prohibited them from removing the crew through collective bargaining. I believe that collective bargaining is used by labor and management to negotiate wages, benefits, and certain working conditions, but when it comes to public safety, no one is at the table to protect us. That has been my argument from the beginning.

As many of you know, moving legislation takes planning and much work behind the scenes. In the case of LB31, the bill was the first bill I introduced last year. It had its public hearing later in the session but was not brought up for a committee vote in the hopes that the Federal Railway Administration (FRA) was close to issuing a ruling on this issue. Accordingly, I agreed to wait until this session to push the bill if no ruling was issued. Since no such ruling took place, I sent the Speaker of the Legislature my personal priority designation for this bill once this session began so that my priority would be read into the record first. I then immediately met with each of the committee members and the committee chair to get an early vote out of the committee and get it to the floor for debate.

The committee met two weeks ago and voted the bill out of committee on a 6-1-1 vote (one member against and one “present not voting”). I also spent time meeting informally with members of the body to confirm vote counts prior to the bill reaching the floor. I knew early on that I had 29 solid votes to move the bill forward. However, last Wednesday morning, Senator Linehan told me that she would need to filibuster the bill. I encouraged her to let the bill move on from General File (the first round of debate) to know where the votes were, then filibuster on Select File (the second round of debate) if she felt the need to do so. This move would have saved us time since the first round of debate can run for eight hours before a cloture vote, and the second round of debate is only four hours. Unfortunately, she and the railroad companies had done their own vote counts and knew that we had as many as 32 votes for this bill, and if the bill got to Select File, I might get the additional vote necessary to invoke cloture.

It is important for everyone to know that in the end, we received 24 yes votes for cloture, while five of the six Senators who had excused absences were all prepared to vote yes. Two of the bill sponsors voted “No” for cloture. Had everyone been present, we would have been close to the 33 votes needed for a cloture vote. Unfortunately, the bill failed to advance.

After LB31 was introduced, Julie and I both heard from many constituents along the way about their personal stories regarding safety issues, family sacrifices, and the challenges that go with those who ride the trains or work in the yard to keep them running. I didn’t realize until after the vote on Friday how much Julie and I were both personally invested in this bill. It was all she could do to hold back her tears as the vote was announced. I did not imagine that the labor leaders present in the Rotunda would need to comfort my wife for a loss that directly impacted them. All she could think of was how many people were counting on us to get this bill passed. I must say, it was more disappointing than either of us imagined it could be.

Although the bill did not pass, we were able to spend eight hours making the case to the public for the need for a two-person crew. We also made a statement that the Legislature is watching. I also believe that this vote sent a message to the FRA that they should act. Should the FRA fail to act, there is also the possibility of a ballot initiative to put it to a vote of the people. It should be noted that two surveys in 2018 and 2019 indicated that 77% of Nebraska residents believe that a two-person crew should be the standard.

In closing, I want to say thank you to all our railroad workers for your hard work and dedication. I have learned so much more about your daily challenges and will continue to work to make your lives better.

I look forward to continuing to hear from you regarding 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 by calling my legislative office at 402-471-2729.