Senator Tom Brewer
43rd District
6-12-2020

Since I first took office in 2017, I have introduced legislation, prepared testimony for lawsuits, and petitioned every echelon of government I could think of to stop or change the route of the NPPD’s “R-Project” high voltage powerline. NPPD claims the line is needed for “load balancing and redundancy” which I do not doubt it will provide. But the main reason for the line, one NPPD will not acknowledge, is to provide future wind facilities a way to connect to the electrical grid. This incredibly bad idea will slice through the heart of Nebraska’s most beautiful and sensitive terrain in the Sandhills and inflict damage that will not heal in our lifetimes. Also, studies from wildlife biologists clearly show it will further kill the endangered Whooping Crane. I’ve asked the Nebraska Department of Environment and Energy for help, but so far the agency has not intervened.

What could possibly be worth all this destruction? The answer is money for the small percentage of property owners and companies receiving federal subsidies paid to the owners of industrial wind turbines.

After a terribly incomplete and fundamentally incompetent EIS (Environmental Impact Study), the US Fish & Wildlife Service gave the green light to this wrong-headed project about a year ago. However, construction has yet to begin because the R-Project is delayed by a citizen-led lawsuit aimed at the US Fish & Wildlife Service.

This week I learned that a little more truth had been brought to light. Bluestem Energy Solutions (the parent company of Bluestem Sandhills) plans to build an industrial wind energy facility in Cherry County. The vast majority of citizens in Cherry County oppose this project. Last Tuesday, June 9, the Cherry County Commissioners approved extensions to the original CUP (Conditional Use Permit) that they originally approved in 2019. Bluestem Sandhills now has until 2024 to begin development of the facility.

This CUP extension was approved by Commissioners Martin DeNaeyer with Tanya Storer who seconded the motion. James Ward voted against the extension.

Bluestem cited the on-going litigation over the R-Project and issues with their “interconnection” request to the Southwest Power Pool (SPP) as reasons for their CUP extension. This makes the chief purpose of the R-Project powerline plainly obvious: connect wind turbines in western Nebraska to the power grid.

If the SPP interconnection queue is full, then what is the purpose of adding more wind energy to an already saturated market/grid? Nebraska already has over 900 megawatts of surplus electricity generation, enough to power a second city of Lincoln. What is the point of tearing up a very special part of our state to add additional transmission lines that will only result in more wind turbine facilities and more interconnection requests for a power grid that is already maxed out?

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 #1101, P.O. Box 94604, Lincoln, NE 68509, or call us at (402) 471-2628.

Senator Tom Brewer
43rd District
6-5-2020

The First Amendment to our constitution protects five different God-given rights. Last Saturday night the 30th of May the people of Lincoln and many other cities across Nebraska and the nation were exercising two of those rights; “…the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” I wholeheartedly support people exercising these rights. The oath I took to support and defend those rights has no expiration date.

Four blocks west of the Capitol building sits the City/County building. There was a large police presence there, so some of the crowd turned East and headed down the four blocks of Lincoln Mall toward the Capitol. Businesses and apartments on both sides of the street lost windows. Some were looted and one was burned. Some people lost their places of business either temporarily or permanently. Tens of millions of dollars in property damage was caused, most of it to private property. Video from the Nebraska Association of County Officials building showed dozens of people inside the building on a destructive rampage that lasted nearly 45 minutes.

By the time the vandals reached the Capitol, a constitutionally protected protest had turned into a rioting mob. Windows in the Capitol building were broken out and the statute of Abraham Lincoln was defaced with graffiti. The police were badly outnumbered and couldn’t stop the violence and destruction until a lot of damage was done.

To my stunned amazement I have watched talking heads on the news and mayors of large US cities, and even governors of some states tacitly supporting this violence and rejecting help from their state and federal government. The mayor of Washington, D.C. has stated she wants the National Guard and other federal law enforcement out of the city.

No one can exercise a right at the expense of another person’s rights. You do not have a right to riot. No cause is so noble it justifies burning some innocent person’s home or business. Senior elected officials around the country should remember that justice will be served one way or another. If the people cannot count on our justice system to protect them, vigilante justice will fill the void, and that is a dangerous prospect.

I believe in the weeks to come we will learn a lot more about exactly who many of the violent rioters were. Several came from out of town to exploit the protests for their own evil aims. These criminals have interfered with the constitutional rights of legitimate protesters and those whose property they destroyed. We will learn there are groups of people claiming to be anti-fascist, while their stated goal is to topple our constitutional republic and replace it with a communist, totalitarian government. They practice violent lawlessness to achieve their objectives. They need to be found and brought before the bar of justice swiftly, because their attempts at instigating violence have endangered law enforcement, peaceful protesters, and other members of the public. Law and order must be restored immediately.

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 #1101, P.O. Box 94604, Lincoln, NE 68509, or call us at (402) 471-2628.

Senator Tom Brewer
43rd District
05-29-2020

In 1975, the “Open Meetings Act” was created by the Nebraska Legislature with LB 325. The intent of the Legislature was clear: “It is hereby declared to be the policy of this state that the formation of public policy is public business and may not be conducted in secret. Every meeting of a public body shall be open to the public in order that citizens may exercise their democratic privilege of attending and speaking at meetings of public bodies, except as otherwise provided by the Constitution of Nebraska…”

Much has changed in the last forty-five years since this law was passed. The Open Meetings Act has been amended a dozen times. These changes come through the Government, Military and Veterans Affairs Committee. I currently serve as chairman of the Committee, so it is my job to be concerned with how the Open Meetings Act is working.

In 1975, the internet, video teleconferencing, and things like YouTube were all nothing but science fiction that you saw on The Jetsons. Now they are an everyday reality. I think government should take advantage of these advances in technology. A wise man once said the law should be stable, but it should never stand still. Last year, part of our committee priority bill, LB 212, included a bill that I introduced to give some local bodies more opportunities to use teleconferencing.

Under the law today, public bodies (like a county board) must keep minutes of the meeting. The law says that, “…each public body shall keep minutes of all meetings showing the time, place, members present and absent, and the substance of all matters discussed.”

The “substance” the law requires is sometimes a judgement call. Things discussed in the meeting may or may not be fully chronicled in the minutes. A number of my constituents often complain that the substance of all the matters discussed is often left out of the minutes of a county board meeting they regularly attend.

Were all these meetings video recorded and then archived on a publically accessible website, there would be no question what was discussed. This video record, combined with the minutes, would more fully memorialize the meeting than just the minutes alone. It could stand for itself.

It might ruffle some feathers with a few of my colleagues, but it is not just local units of government subject to the Open Meetings Act. We should consider how it should apply to the Legislature. Both committee hearings and debate on the floor should also be memorialized in a publicly-available video archive. The written transcript would still remain the official record.

Had the Chairman of the Government, Military and Veterans Affairs Committee had the technological wonders we have today, I am confident requiring a publically accessible video archive of meetings subject to the Open Meetings Act would have been part of the original bill back in 1975. I would argue that our state adopted the principles to create this video archive transparency for government proceedings. The technology we needed to achieve this intent has finally caught up.

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 #1101, P.O. Box 94604, Lincoln, NE 68509, or call us at (402) 471-2628.

Senator Tom Brewer
43rd District
05-22-2020

Most people will agree that meat inspection is important to protect our food supply and the health and safety of consumers. The Centers for Disease Control and Prevention (CDC) reports about four thousand people die each year and over five million are sickened by tainted or contaminated meat. Back in 1997, the Federal Department of Agriculture forced Hudson Foods to recall 25 million pounds of hamburger after folks came down with E. Coli infections. This is one of those functions we cannot afford to get wrong.

With all that said however, is government-run meat inspection the only way to make sure our meat is safe to consume? Are there other ways to do it that are even more effective and less costly and less burdensome than the government bureaucracy we have now? Should consideration be given to the vast differences between a small town meat locker, and an industrial packing house? Can the Nebraska Legislature address this issue in the seventeen remaining days of the 106th legislature? We shall see.

Agriculture Committee Chair Sen. Steve Halloran and I have been working on this for some time now. We have several ideas that would make selling the most valuable thing we create in “The Beef State” less of a hassle for those that sell it. And this means the process of turning cattle into beef has to be something that a small town meat locker can navigate without getting bled dry by lawyers and bureaucrats. Recent events have revealed government-created barriers to entry in this market that producers have known about for a long time. These barriers are causing serious problems for small, family-owned businesses in our rural communities. The difficulties being faced by our small town meat lockers are also closing off a potential market for cattle that our ranchers could really use right now.

This issue must be recognized as something that affects economic development in small town rural Nebraska. The USDA announced this week it would provide one billion dollars in loan guarantees to help rural businesses meet their working capital needs during the coronavirus pandemic. The town of Mullen, for example, is in a federal HUB zone (Historically Underutilized Business) which makes even more grants and low or no-interest loans available there. There are a number of government programs designed to help, and I hope they do. But ultimately, more government bureaucracy and more government programs are not the solution to this problem.

In the time we have before the session re-starts, I am bringing other senators and stakeholders together. I am dead-set on finding the solution in this legislative session. I believe we can find a market-based answer that is superior to the federal government bureaucracy we are currently forced to use. Nebraskans are counting on us to get this done.

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 #1101, P.O. Box 94604, Lincoln, NE 68509, or call us at (402) 471-2628.

Senator Tom Brewer
43rd District
05-15-2020

I am very conscious of the fact that I am a state senator in “The Beef State.” I represent the largest district in the state: about one fifth of Nebraska’s total landmass. The 43rd district is about the size of Denmark. There are nearly forty thousand people here and more than a million cattle.

Folks around the world are reading about the pandemic-related problems in our food supply chain. It is one that most outsiders do not understand. Our ranchers do not generally sell beef: they sell cattle. The big packers buy the animals, and each of them is individually slaughtered and inspected by the USDA. In some states, this inspection is instead completed through a state program.

The big processing plants have hundreds of workers in close quarters. They are already maintaining hygiene standards required for food processing facilities, but that has not prevented the transmission of COVID-19 among staff. Those plants are the biggest hotspots in our state.

As a result, there is disruption in the industry. The critical step of turning animals into meat is bottlenecked, with just a handful of packers processing almost all the retail meat supply in the United States.

There are also local meat lockers that provide exempt custom processing of animals for ranchers’ families and for the few animals that ranchers sell directly. That doesn’t require a USDA or equivalent inspection, because the animal’s owner is having his own animal slaughtered and butchered and is not selling the meat. But if the local butcher wants to put that meat in his case and sell it retail to the public, Nebraska law and federal law say that meat has to be USDA-inspected.

Let’s be clear: that custom processing exemption still requires that the meat be processed in a sanitary way. It requires careful production and business records. But for some reason, that meat has to be stamped “not for sale.” The difference comes down to that stamp. The meat inside the butcher paper is just as good and just as safe as meat inspected by the USDA. But it cannot be legally sold as meat to buyers in the quantities that most families buy meat in.

In another beef state, Wyoming, they have state meat inspection. Ironically, having more state bureaucracy allowed the governor there some greater flexibility in cutting so-called bureaucratic red tape. I am not ever in favor of building more bureaucracy. But if there is a way we can change our state law to give some flexibility to our ag producers, I think the Nebraska Legislature has a duty to act right now.

I believe that Nebraska beef is the finest in the world. Our beef is so good it sells itself. My colleagues and I have a responsibility to get big government out of the way, so Nebraska producers can focus on what they are best at: feeding the world.

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 #1101, P.O. Box 94604, Lincoln, NE 68509, or call us at (402) 471-2628.

Senator Tom Brewer
43rd District
05-08-2020

The ongoing pandemic and the government responses to it are still causing very serious damage to the economy. There are more people unemployed in the United States right now than any time in our nation’s history. The unemployment insurance office at the Nebraska Department of Labor is swamped with more claims that it has ever had to process in the history of the program.

For folks who farm and ranch, there is a different set of problems. Processor slowdowns have led to full freezers and lots of animals that cannot be slaughtered. The market is uncertain, and that is putting it mildly. One thing that remains constant is that property taxes are too high.

Last year, we had a different kind of emergency: blizzards and flooding. A lot of folks had ground that flooded last spring and has yet to make it back into productive use. One source of relief that I want to make sure folks know about is part of Senator Linehan’s LB 512 that was signed into law by Governor Ricketts at the end of May 2019. That forty-page legislative bill included a lot of moving parts. One very important piece was in the six pages added via Senator Steve Erdman’s AM 1755.

Senator Erdman’s amendment was based on his LB 482. It says that property tax values must be reduced for ground that has been destroyed in a calamity, to reflect the impact of that destruction. Under the language in Senator Erdman’s amendment, damage to land or an improvement is considered “significant” if it exceeds 20 percent of the property’s current taxable value.

When a property owner experiences a significant loss from a disaster, the owner should file a Nebraska Department of Revenue Form 425 (Report of Destroyed Real Property) with their County Assessor and County Clerk. Once the county board of equalization receives a Form 425 report, the county is required to adjust the assessed property value to reflect the loss during that assessment year.

There is a lot of debate about how to provide property tax relief. There is a lot of debate about how to pay for the services that are currently funded with those tax dollars. But one thing is crystal clear to me: a property owner whose ground cannot be productive because of some disaster should not be paying taxes as if that ground were generating income as usual. It just is not right. If a property owner suffers a loss like this, that loss has to filter through to tax valuations and it should lower his tax bill. Taxing people on ground that they cannot use due to a natural disaster is not the Nebraska way. I am grateful that Senator Erdman’s common sense amendment gives our folks some relief, even if it is only one year at a time.

You can read more about how to file a Report of Destroyed Property on the Nebraska Department of Revenue’s website at http://revenue.nebraska.gov/PAD/real-property.

My staff and I are continuing to monitor and improve our state’s response to the hardships created by the flooding crisis and the pandemic.

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 #1101, P.O. Box 94604, Lincoln, NE 68509, or call us at (402) 471-2628.

Senator Tom Brewer
43rd District
05-01-2020

I read an article the other day where people were actually talking about euthanizing fat cattle. If we are living in a time where we are having those kinds of discussions, I think it is blindingly obvious we need to be focused on the economy of Western Nebraska.

Some will argue that in the age of the coronavirus we need to be focused on this pandemic. It is important, no doubt. This virus has killed a lot of people, and every one of those deaths is a tragedy. It is also clear this virus is nothing close to as bad as it was first feared to be. I say we should all rejoice and thank God that it turned out that way.

A couple of months ago, the government believed the death rate from this virus would have us digging mass graves right now. Today, hospitals have begun to close and they are laying-off healthcare workers for lack of patients. I think that tells us a lot about how blessed we all are. We seem to have dodged a big bullet.

I believe Nebraskans are quite capable of going back to normal life while protecting the people who are vulnerable to this virus and following the necessary health precautions. We need to get on with the plan to reopen Nebraska. A big part of that recovery has to include our Western Nebraska economy.

We have the world’s best product in Nebraska Beef. In these times of historically low cattle prices and serious problems with the markets, we need the Federal government to get out of the way and help local meat lockers get the USDA inspection they need to open their doors.

Meat shortages are already starting. Grocers cannot keep beef on the shelf. Big packing houses are working with reduced staffing. Tyson is warning wholesale customers to expect delays and shortages. President Trump issued an emergency executive order to prevent meat-packing plants from closing.

Consumers need more beef. Ranchers need a fair cash market to sell cattle. That sounds like a match made in heaven to me. We need to change these obsolete policies and cut some red tape so we can feed the world, starting with ourselves.

A rancher was talking to me about the process for starting a craft brewery in Nebraska, to sell a Nebraska-made food product to the public. It was not always that way. Alcohol is one of the most regulated products in the country. But craft breweries have made some headway against old, obsolete government red tape. They can now sell directly to consumers. This makes for a premium experience for the buyer and a premium price for the seller. We have seen that model working for craft breweries, and it has transformed the industry. I would sure like to see ranchers have the same freedom to try this approach with their beef. I believe Nebraska beef is one of the finest things we produce in this state. Let’s make it easy for the ranchers and the small-town butchers.

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 #1101, P.O. Box 94604, Lincoln, NE 68509, or call us at (402) 471-2628.

Senator Tom Brewer
43rd District
04-24-2020

I am humbled to report I recently received a call from the National Rifle Association. They have given me their highest rating of “A+” and their endorsement. Protecting the right to keep and bear arms is something that is close to my heart. The Second Amendment to the United States Constitution is the one amendment that guarantees all the others.

This is not some dusty old relic from the past. This right that we recognize in our federal and state constitutions is as important now as it ever was. Nebraska voters spoke loud and clear in 1988 at the ballot box. They overwhelmingly voted to amend our state constitution to clarify that the Second Amendment is considered an individual right in Nebraska, one enjoyed for many different lawful purposes.

Hunting brings generations of families together and puts calories on the supper table. There are lessons available in the field with a parent or grandparent that a kid just cannot find anywhere else. Nebraska has some of the best hunting opportunities in the world, which is why hunting, fishing, and wildlife-watching contribute billions of dollars to the state economy every year.

Competitive shooting teaches concentration, discipline, and teamwork. It is a passion of mine, and I have shot in more competitions than I can count and coached teams in a few others. We develop a lot of good shooters here in Nebraska. The Nebraska Cornhuskers rifle team has been in the national tournament more than half a dozen times since the team was formed in 1998, and is coached by a former team member — Rachel Martin — who ought to be headed to the next Olympics herself.

Twenty-three percent of gun owners (and growing) are women. More every day are applying for their concealed handgun permit and taking classes like the NRA’s “Don’t Be A Victim” program. Youth development programs like Project Appleseed, the scouts, and many others teach important character values through shooting sports.

Defense of self and family is an everyday benefit of the Second Amendment. Violent crime is down from highs in the eighties and nineties, but the average American still has about a 1 in 650 chance of being victimized in a violent crime this year. Police are trained to help, and they want to help, but they cannot be everywhere at once. Keeping a firearm for defense is at the core of the constitutional right to arms.

Most importantly, the right to keep and bear arms is there to protect our liberty. We are blessed by liberties not enjoyed by many others around the world. But the price of liberty is constant vigilance. The Declaration of Independence tells us that a government that usurps rights and abuses the people should not be the government for very long. The right to keep and bear arms is what makes that statement more than just ink on the page of a musty old document. We must protect it at all costs.

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 #1101, P.O. Box 94604, Lincoln, NE 68509, or call us at (402) 471-2628.

Senator Tom Brewer
43rd District
4-17-2020

Yesterday, the President announced his three-phase plan to “Open Up America Again.” I must say this isn’t a moment too soon. People and business are being rapidly destroyed economically. We need to protect our vulnerable citizens, and re-open our economy as fast as possible.

The President said the States would “lead” this operation. There is a darn good reason for this. It’s a three-way power-sharing arrangement, between the federal, state and local governments called Federalism. This is a distinctly American way of doing things.

Most countries have a “national” executive with absolute power to lord over their country in times of emergency. Political subdivisions like states or provinces or towns are often totally subordinate to this national executive. When the framers of our constitution met in the summer of 1787, they considered having a “national” executive, like every other country on Earth had at the time.

They flatly rejected it. They didn’t want another King. They wanted an “American” system instead.

The framers didn’t trust government. They had just fought an eight-year war to get rid of a tyrannical, oppressive government. That’s why our constitution is so full of checks and balances on government power. That’s why we have three branches of government. Two can always gang up on one and straighten them out. This is where the Federalism power-sharing idea came from.

The “Federal” (not national) government has only specific “enumerated” powers in the federal constitution. The State’s remain sovereign and hold most of the power under both the federal and state constitutions. Lastly the “local” governments hold power delegated to them by the state legislature under their state constitutions.

It’s only when a once-every-hundred-years pandemic disease hits the country do most American’s ever get to see Federalism in action, and it’s often not a pretty sight. Power sharing is always hard. Navigating ancient bureaucracy at multiple levels is frustrating and inefficient. Desperately needed relief is delayed. Legions of government employees at every level are struggling to do the right thing. People are confused by rapidly changing circumstances that bring a new version of reality almost every day. It’s hard to know from one minute to the next if something is federal, state, or a local problem. There are most definitely easier ways to run a country.

But you know what? It’s the only way to run a country founded on the principal that individual human beings are sovereign, with guaranteed rights that the government is bound to acknowledge and protect.

Two hundred and thirty-three years ago, a group of 55 patriot geniuses stayed locked in a room under guard in Philadelphia for six months and created the best country the world has ever seen. Have faith in our constitution folks. It’s been tested far worse than this. Every single time we use the system they created, America wins. We have a tough road ahead, but we will win again. I have no doubt.

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 #1101, P.O. Box 94604, Lincoln, NE 68509, or call us at (402) 471-2628.

Senator Tom Brewer
43rd District
4-03-2020

The massive and exponentially increasing economic stress placed on the back of citizens in our country by the coronavirus pandemic has shone a bright light into many dark corners in our economy. In talking with ranchers around the district, it’s clear the market response to coronavirus has reignited concern and frustration with the beef cattle market.

In recent weeks, several ranchers have told me they don’t need or want a coronavirus bailout from the government, they just need a fair and competitive cash market to sell their cattle. Since taking office four years ago, the average income of our nation’s production ranchers has dropped 20%. Today, the small percentage of cattle sold in the cash market isn’t large enough to allow for robust price discovery on the production side of the cattle industry. This is causing some of the lowest cattle prices we’ve seen in a very long time.

There is a lot of stuff packed into the $2.2 trillion coronavirus relief bill the federal government just passed. I want to be sure some of the programs and funds approved in that bill make it to the folks who need it most – specifically folks in Western Nebraska. People have shared some great ideas on specific programs that could be beneficial for Nebraska’s ranchers, I’m working with the Governor’s office to see if we can get some of those ideas across the finish line.

A few examples of these ideas include:

Granting flexibility for lenders to grant emergency extensions of loan repayment deadlines.
Temporarily suspending the federal capital gains tax on the sale of land, cattle, and equipment.
Reduce job-killing red tape that prevents small meat processors (like Sandhills Beef in Mullen) from opening their doors.
Increase robust price discovery to improve competition for live cattle markets.
Ask the U.S. Department of Justice to immediately investigate beef packing industry margins.

I’m also very worried about the upcoming property tax deadline. The first of two property tax payments are delinquent after May 1st. Nebraskan’s paid about $4.2 billion in property taxes last year. While this money supports thousands of local units of government, like schools and county governments. I’ve said for years we need to worry about the “tax-payers” just as much as the “tax- spenders.” With so many people unemployed and terrible volatility in cattle prices, I don’t know how a lot of our ranchers can afford to keep paying some of the highest property taxes in the nation.

Just so folks realize this, the primary election will happen as scheduled on the 12th of May. If you were planning on voting by mail, the Secretary of State’s website has a lot of useful information. There are some important dates folks should be aware of. April 6th early voting ballots began being mailed out. May 1st is the last day to request a mail-in ballot to be mailed to you. Make sure your voice is heard.

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 #1101, P.O. Box 94604, Lincoln, NE 68509, or call us at (402) 471-2628.