Senator Tom Brewer
43rd District
03-01-2019

LB 155 (my priority bill) prevents the use of eminent domain by private wind energy companies. After floor debate this week, it failed to advance on a 23-8 vote with 14 Senators “present but not voting.” The bill needed a simple majority of 25 votes to pass. It amazes me that there are so many Senators who simply won’t vote. This is our most fundamental function we were elected to do.

A Senator can be “Present Not Voting” (PNV) for a variety of reasons. For example, The Legislature is in session while a 4th grade class from your district is touring the Capitol. The Senator comes out of the chamber to greet them in the Rotunda. During this time a vote may be taken. The Senator would be recorded as PNV on this question before the body because he is not in the chamber to vote.

Voting PNV is also a useful parliamentary procedure tactic. The rules give Senators who vote PNV the opportunity to make a motion to “Reconsider the Vote” just taken. This gives the Senator more time to talk about a bill. Senators are also sometimes “Excused Not Voting” because they have a doctors appointment, or perhaps their committee is meeting in an executive session.

On important votes, as I did for LB 155, Senators often ask for a “Call of the House” and a “Roll Call Vote.” This means all the Senators not “excused” have to return to their chairs, and all staff must leave the floor of the chamber. Their names are called and they say “yea, nay, or not voting.”

Voting PNV has a place in the legislative process, but it shouldn’t be used for Roll Call Votes.

Some Senators will argue voting PNV is a matter of etiquette, or what is considered a “soft no.” Rather than a big, ugly red light indicating a “no” next to a senator’s name on the board, there are no lights at all. PNV is a “nice” way to let the senator know that you disagree with their bill. My problem with this argument is that it affords a Senator who is voting PNV a certain amount of political cover to hide from the consequences of a hard “no.”

The 14 Senators who were PNV on my bill – LB 155 – didn’t have the courage to stand up and be counted. They did not want the responsibility of being on the public record defending a bad state law that allows private wind companies to forcibly take land from their neighbors. The vast majority of them didn’t even stay in the chamber and hear the debate before the vote. They were too busy talking to the wind energy lobbyists. Voting PNV gives Senators like this political cover, like a rabbit hiding in the bushes.

Citizens interested in the character of their Senator on this important question can find the vote count here: https://nebraskalegislature.gov/bills/view_votes.php?KeyID=4000

Please contact my office with any comments, questions or concerns. Email me at; tbrewer@leg.ne.gov. Mail a letter to; Sen. Tom Brewer, Room #1423, P.O. Box 94604, Lincoln, NE 68509 or call us at (402) 471-2628.