Senator Tom Brewer
43rd District
03-27-2020

The Nebraska Legislature is shut down because of the coronavirus pandemic. We are “in recess at the call of the speaker.” We have seventeen legislative days remaining in this 60-day session that we must complete. Our state constitution specifies when the legislature will start work — the first Monday after the first Wednesday in January — but it is silent on where the legislative days fall after that. We will reconvene and finish the session, but no one knows when. The situation is changing rapidly. I would like to think it will be sooner rather than later.

Most senators’ physical offices are closed, with all their employees working from home. A handful of us have kept our physical offices in the Capitol open, with some staff on-location and the others working from home on a rotating basis.

As I type this, Congress just passed the largest bill (in terms of money) in the history of the country, and they moved the bill on a “voice vote” so no one can ever know where individual members stood on the $2 trillion piece of legislation. This troubles me. There is also a load of pork-spending in the bill that doesn’t have anything to do with the public health emergency. I realize it is essential that we help the millions of Americans hurt by this virus. Elected officials often have to “hold their nose and vote.” But at what point does our country’s massive national debt become an emergency?

The good news is financial assistance will now begin to flow to those in need. Individual taxpayers should receive direct deposits or checks from the federal government in the next several weeks. Adults who made less than $75,000 and couples making less than $150,000 will get paid $1,200 per person. There are a lot of different loans and grants for business in the bill as well.

The President and his team are doing an outstanding job with this crisis. They are walking a tightrope with a global plague on one side and a global economic depression on the other, and they are doing it right before an election. We’re finding out the virus is not as lethal as was first feared. All of the “mitigation” in government advisories — social distancing, closing down business, etc. — appears to be working very well.

American medical science, in partnership with scientists around the world, is producing new life-saving drug therapies and treatments almost daily. I think all of these efforts have dramatically flattened the curve. I am optimistic that Nebraska will continue to be successful in preventing this disease from overwhelming our healthcare system — a system which is the envy of the country by the way. I am hopeful that Nebraska will be one of the first states to be “open for business” again and to return to normal. The sooner we can do that, the better.

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
03-20-2020

I have received several questions recently about fake meat. Folks are asking me whether a state or federal approach is better in regulating and labeling these alternative protein products, i.e. fake meat.

Recently, the Unicameral considered LB 594, legislation introduced by an urban senator. As originally written, this bill would require that advertising, promoting, labeling, or selling plant-based, lab-grown, or insect-based foods as meat would constitute a deceptive trade practice under state law.

While still in the Agriculture Committee, LB 594 was changed to remove the definition of what constitutes “meat.” In the minds of many, this was the only true “meat” of the bill. Instead, the amended bill would merely create a consumer complaint process. Shoppers would have to first notice deceptive labeling on grocery shelves.

Consumer protection is a very worthy public policy goal and one that I support. LB 594 would not offer any protection, because it would rely on the public to be the enforcers. And even if a consumer complaint is filed, there is no guarantee that action will be taken.

Folks want truth in labeling, including making sure that a product that says “beef” actually comes from livestock. Only action from the federal government will be effective in making that happen because in Nebraska all our labeling of products must be overseen and approved by the U.S. Department of Agriculture (USDA).

My office has reached out to our Washington delegation several times to discuss this problem. Senator Deb Fischer introduced legislation in Congress to better protect consumers and cattle producers. The Real Marketing Edible Artificials Truthfully Act (the “Real MEAT Act”) would fight deceptive labeling in three ways:

1. Establish a federal definition of beef for food labels; products made to simulate beef (but not derived from cattle) must be labeled “imitation” and require an on package disclaimer.

2. Require the U.S. Food & Drug Administration (FDA) to notify USDA if an imitation
meat product is determined to be misbranded.

3. If FDA fails to undertake enforcement within 30 days of notifying USDA, then
enforcement authority is shifted to USDA.

It is useful to look at what the dairy industry has been through in recent years. Almond milk, oat milk, soy milk, and a whole slew of plant-based products have eroded the market for “real” dairy products. The FDA has laws on the books that require products to be labeled “milk” only if derived from actual lactating mammals. Otherwise, those products are supposed to be pulled from the shelves. Unfortunately, our dairy producers are still waiting for FDA to actually enforce this law.

I strongly support the Real MEAT Act. I encourage Congress to pass it quickly. The tools to protect consumers and defend our state’s largest industry can only come from DC. I have been monitoring this situation in Congress and look forward to reporting good news back to the district soon. I encourage Nebraskans to voice their support for Senator Fischer’s bill to our federal lawmakers.

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
03-13-2020

Every session, the Nebraska Legislature has budget business to attend to. In the odd-numbered years, the Legislature has a longer session and has to build a two-year budget for state government operations in Nebraska. Inevitably, in the shorter sessions during even-numbered years, we have to go back and make any necessary “mid-biennium” adjustments. Some of these may be necessary because revenue forecasts turned out to be inaccurate. Other adjustments are due to new legislation that has changed funding requirements.

I consider property tax relief to be my number one job as the District 43 senator. Unfortunately, the momentum for property tax relief has seemingly stalled. Most urban senators have dug in their heels. The big school districts are energetically fighting the bill viewed as the best vehicle for property tax relief, Senator Linehan’s LB 974.

To Senator Linehan’s credit, she has been a bulldog on this issue. During debate on the budget adjustment bills, she filed an amendment to set-aside money for property tax relief. Although that particular attempt was unsuccessful, I think that it served a very important purpose. It turned the conversation back to discussion of the property tax crisis and what we are going to do to solve it.

We are hearing a lot about the coronavirus pandemic. Schools are talking about shutting down classes, from kindergarten to college-level. The University of Nebraska has already announced a move to all-remote instruction for the rest of the spring semester. The Speaker of the Legislature announced that he is working with others to plan for modified operations if it becomes necessary to close the Capitol. We can get some legislative business done outside of the building, but every vote to move bills through the three stages of floor debate has to occur in the legislative chamber.

Right now there have been no community-acquired cases diagnosed near Lincoln. If that changes, the Legislature could adjourn until the pandemic runs its course. We are allowed sixty legislative days this year by the Nebraska Constitution. Now that we are down to the last third of the session, it is possible that much of the remaining session could take place later in the year if necessary. I am hopeful that we can stay the course and keep working on the things that voters sent us here to do.

For other governmental bodies, I am pleased to say that a bill I introduced last year makes it easier to conduct official business remotely. That bill, LB 212, should help a number of public bodies to conduct public business meetings even during a quarantine period. I really introduced the bill thinking of the challenges posed by Nebraska winter weather for folks who might have to drive four or five hours to attend a meeting. But that alternate remote meeting procedure should come in handy while we are dealing with the threat of this infectious disease.

There is a lot of economic uncertainty because of this pandemic. Financial markets are volatile. Crude oil is lower than any time in recent memory. People are cancelling work and vacation travel. There is panic-buying of some household goods. And for property tax payers, this is a new crisis piled on top of an old crisis. I am hopeful that my colleagues will recognize the urgency of relieving the property tax burden. Now is the time to act.

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
2-28-2020

Several of my fellow senators said they were “terrified” by their fellow Nebraskans who open-carried a gun into the Capitol for gun control bill hearings last week
I have found from personal experience most of the senators in Nebraska’s legislature to be intelligent, well-balanced people, regardless of their politics. There have been armed citizens in that building every day since it was built. With just one or two exceptions, I do not believe my fellow senators are personally afraid of guns.
It must be something else that terrifies them.

Screaming people wearing pink hats and delivering bloody Barbie dolls to your office does not scare them. Loud activists dressed up in phallic costumes do not seem to set off any alarm bells. But a stranger with a gun really sends some of them over the deep end.

As far as safety was concerned, capitol security and the State Patrol were informed well in advance of this event that some people might choose to open carry. They provided additional manpower, and they were prepared for far more people to open carry than actually showed up. Only two people at the event chose to bring rifles. Their rights were respected.

Let me acquaint folks with exactly who these strangers with guns actually are. I can tell you, because I am a gun guy myself.

The Second Amendment has been under ever-increasing attack all of my life. Citizens like me who try to defend it are hyper-vigilant to ensure we do absolutely nothing to damage this cause. That’s why the four hundred or more people who came into the Capitol were careful to be respectful, polite, and patient. They didn’t scream obscenities like the other side did. They did not leave so much as an empty coffee cup behind.

These are citizens of our state. And they are people who took the initiative to take time off of work, only to stand in line for several hours for a 90 second opportunity to be heard on a proposed law. That shows a dedication to civic duty that I respect.

Many of these people also happen to be highly trained and skilled with firearms. There were gun store owners and competitive shooters in the crowd. Many of them were veterans. They have a passion for the safe and appropriate use of guns. These people also have a passion for the American way of life. And they stand up for our constitutional rights like few others manage to do.

I hope my colleagues realize that if you have to be around a stranger with a gun, you could not pick a safer group of people than were in the Capitol last week. To say these people make the Capitol unsafe assumes they came to the hearing with criminal intent in their hearts. This is as insulting as it is ignorant.

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
2-21-2020

As I write this, hundreds and hundreds of citizens are gathering in the hallways of our state capitol. The line wraps all the way around the inside of the building, and more are pouring in. The vast majority are here to testify against LB 816, a bill to more heavily regulate the right of Nebraskans to purchase most semi-automatic rifles and shotguns. I have never seen anything like this in my time as a senator. My heart swells with pride to see so many of my fellow citizens willing to stand up and defend against this assault on our constitutional rights. I am confident LB 816 will be swiftly dispatched into the “bad idea” file. If nothing else, this incredible display by the “second house” of our state legislature will signal to future politicians how serious Nebraskans take their constitutional rights.

In other news, the fight continues over LB 974, a property tax relief bill. It has had its first three hours of debate on General File. A second three hour bloc will be put on the agenda when the bill introducer, Senator Linehan, can show the Speaker she has 33 votes for “cloture.” This is a motion that ends a filibuster and allows a vote to be taken. This vote will be incredibly close without a single senator to spare. I am hopeful Senator Linehan can round up the needed support so we can continue moving this bill forward. Right now, it is too close to call.

Some of the bigger schools and many organizations who lobby on behalf of schools are opposed to this bill. Most school districts dislike the idea of spending limitations on schools, however modest. The bill does provide full funding for schools while lowering property taxes. Depending on the school district you live in, the bill lowers property taxes by 20 to 25 percent. I wish we could do more, but this bill would be a promising start. It is the best chance the Legislature has to address the property tax crisis this session. I think it is the most important thing my colleagues and I can do this year.

Lastly I want to touch on an issue I am helping a constituent with. Sandhills Beef is a small business in Mullen. The owners are trying to grow their business and bring badly needed jobs and economic development to Western Nebraska. They are having a tough time getting the USDA to give them the inspection the government requires. My office is working to find a solution to this problem. I am hopeful that we will get to share a success story about this in the weeks to come.

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
2-14-2020

A bill by Sen. Stinner (LB 1165) would do away with the Brand Committee. The constituents who have contacted me have grave concerns with this idea. We have had brand registration and inspection in Nebraska since before we were even a state.

In response to LB 1165, the Brand Committee drafted a bill (LB 1200) and presented it to Sen. Halloran, who chairs the Agriculture Committee. Since my legislative district is what makes Nebraska “The Beef State,” Sen. Halloran asked me if I would like to introduce the bill, and I am glad he did. This is an incredibly important bill to my district, and Sen. Halloran has also agreed to put a committee priority designation on LB 1200. The committee hearing for this bill will be Tuesday the February 18th. I encourage those with an interest in saving the Brand Committee to testify in support during the hearing, or provide a letter of support to the Agriculture Committee if you cannot make the trip.

The Brand Committee has done a good job of updating the law with LB 1200, but there will likely be an amendment to the bill to address some specific details that may need to be changed. I encourage those interested in this to read the bill and give me your feedback. It can be found at:

https://nebraskalegislature.gov/FloorDocs/106/PDF/Intro/LB1200.pdf

In other news, LB 58 (the gun confiscation “Red Flag” law) has been voted out of the Judiciary Committee and advanced to General File. However, the bill has not been prioritized. In the short session (60 days) we are in, bills that have not been prioritized will essentially be dead. I am closely following this bill and will make sure the word gets out if this bill is ever prioritized and put on the agenda. I want to thank the hundreds of people who have contacted me and my staff about this bill. The outpouring of support pledging to fight this bill is simply amazing. Let your voice be heard!

Sen. McCollister’s LB 816 will be heard in the Judiciary Committee Friday, February 21st. I am also strongly opposed to this bill, which would restrict our ability to buy and sell many common rifles and shotguns. I encourage folks who oppose this bill to contact the Senators of the Judiciary Committee and urge them to vote NO on LB 816. I have been told by many gun owners are planning to make the trip to Lincoln for the hearing on this bad bill. It has also not been prioritized as of this writing. I will keep a close eye on this one as well and be sure to inform the public if this is ever up for debate before the full Legislature.

The plain truth of all this is so simple: these two bills violate the oath senators took to “support and defend” the Constitution. I cannot understand how a person could swear such an oath and then turn around and vote for either of these bills. They are a direct assault on a number of our constitutional rights. On top of this, these bills don’t work. Restricting the constitutional rights of law abiding citizens doesn’t stop or reduce gun-related violence.

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
2-7-2020

My priority bill to take stolen guns out of the hands of criminals and off the street (LB 582) was sent to the Governor this week. It should be signed into law very soon.

In other news, I recently introduced a resolution in the Government, Military and Veterans Affairs Committee. LR283CA is a proposed constitutional amendment to change one word in our state constitution.

Article VI, section 1 currently says: “EVERY citizen of the United States who has attained the age of eighteen years on or before the first Tuesday after the first Monday in November and has resided within the state and the county and voting precinct for the terms provided by law shall, except as provided in section 2 of this article, be an elector for the calendar year in which such citizen has attained the age of eighteen years and for all succeeding calendar years.”

My resolution changes the word EVERY to read “ONLY A.”

Several states have language in their constitutions that either read word-for-word the same as Nebraska, or have language that is very similar. In some of these states, similar language has been interpreted as not excluding those who are not citizens of the United States. Non-citizens, even some who are present in the country unlawfully, are voting in elections in the United States. So far it is only legal in places like California and Maryland, but non-citizen voting has been proposed in state legislatures in more than a dozen states. I do not want to see this same interpretation of this constitutional language creep into Nebraska.

Unfortunately, some of my colleagues on the Government Committee do not share my feelings on this. There are eight senators on the committee. A bill or resolution like this needs at least five votes to advance out of committee. The vote failed.

Along with Senators La Grone, Hilgers, and Lowe, I voted “yes” to advance the bill. Senator Hunt was a “no” vote, and Senators Blood, Hansen, and Kolowski were “present, not voting” which caused the bill to fail to advance.

My resolution is very simple. It only changes a single word in the constitution. It protects what is already the legal standard in Nebraska. Right now today you must be 18 years old on Election Day, be a resident of Nebraska, and be a lawful citizen of the United States in order to vote. My resolution does not change any of those requirements. It simply tries to protect them from the impassioned mischief that may be brought by future legislators, or city councils, or county boards who, for example, may decide 16 year olds should have the right to vote, let alone illegal aliens.

I was surprised and disappointed my colleagues didn’t join me in trying to safeguard the integrity of our elections in Nebraska.

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
1-31-2020

My bills to take stolen guns off the street and reduce income taxes on military retired pay advanced from select file to final reading this week. This happened without any debate followed by a voice vote. I’ve never had a bill advance like that. It is incredibly rare to see virtually unanimous support for a bill as it moves through the three stages of floor debate. Nebraskans should take pride in their Legislature for moving so decisively on these important issues.

Cattle prices continue to worry me. Many family ranches cannot even break even with the current price. A number of ranches aren’t accessible because of flooded or damaged roads and bridges across the district. Many county governments face road repair costs that far exceed their budget. I’ve heard talk of bond issues or even possibly raising county tax levies to address the problem. A lot of cattle have to be trailed for miles to load a semi. Based on my unofficial survey of ranches around the district, it appears we only put up about 1/3 of the hay crop ranchers normally have. A lot of hay was put up wet this year. I’ve been told that feeding this lower quality “washy” hay has even affected conception rates in bred cows. All and all, the ranching community across the Sandhills continues to face serious challenges.

With all that in mind, I wonder how in the world a rancher can afford to pay $150-175 per cow just to cover the property tax bill. When I hear different proposals to lower property taxes, I often hear “how are you going to pay for it?” The “you” in this sentence means “the legislature.” This really bothers me. How the legislature figures out how to fund something is what we were elected to do. This thinking is wrong-headed. It puts the emphasis and focus on the wrong group.

I’m not saying the question is wrong, I’m saying the question is directed at the wrong person. Instead of worrying about how the legislature will fund a program to lower property taxes, we need to worry about how much longer we can expect the citizens of Nebraska to pay these crushing taxes. Instead of worrying about the TAX SPENDERS, we need to worry more about the TAX PAYERS.

LB 974 is “the” property tax bill for this session. I support the bill, but I have a number of concerns about it. I know the big Omaha and Lincoln schools don’t like it and will probably try to kill it. It hasn’t been voted out of the committee yet. As soon as it is, the Speaker has indicated he will put it at the top of the agenda. He may also make it a “Speaker Major Proposal” which changes some rules to help expedite the bill. If it fails to advance, I fear this will create a lot of hard feelings in the body. If the good will among senators is gone, a number of other important bills that will be debated after LB 974 may face stiff opposition. I urge people to follow the debate on LB 974. It’s the most important one we will have this session.

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
1-24-2020

This week my good friend Sen. Steve Erdman introduced LR 300 CA. It is a proposed constitutional amendment that would completely change the tax system in Nebraska. Along with several of my colleagues I co-sponsored it immediately.

Imagine living in a state that had no form of income tax, no state sales tax, and no property tax. The only form of tax the state would have is a “consumption” tax. This is not a sales tax because a sales tax is applied to everything that is “sold.” Organizations who can afford to hire lobbyists have managed to get quite a few things exempt from our state sales tax over the years. A consumption tax removes this political favoritism because it would be applied to “all” new goods and all services. Only the first owner of a new good pays the consumption tax. Used goods are not taxed.

Nothing is exempt from the consumption tax except “business inputs.” A farmer’s seed and fertilizer are not taxed. A new tractor is not taxed. The metal a manufacturing business purchased to make a rail car or an irrigation system isn’t taxed, only the purchase of the final product is subject to the tax.

This consumption tax proposal would completely un-tax low income people. The amount of tax that would be paid on all spending up to the poverty level would be received by every adult citizen of the State in the form of a “prebate” check. This ensures no one would pay any form of tax on the basic necessities of life.

If we replaced our current tax system with this consumption tax, and we wanted to remain “revenue neutral” (collect the same total amount of tax revenue) the consumption tax rate would be set at about 10% on all new goods and services. Citizens would decide how much they would like to pay in taxes based on their personal spending decisions. The less they spend, the less tax they pay.

Sen. Erdman said we would have to build a wall around Nebraska to keep people and businesses from flocking into our State. Instead of steadily losing population in all but three of our counties, Nebraska would grow. Instead of our young people leaving after college, opportunities would abound. How does any state in the nation, let alone our neighbors, compete with “zero income, zero sales, and zero property tax?” Nebraska would take off like a rocket.

A growing number of senators are really excited about this idea, there is even talk of holding a special session of the legislature to make this a reality. This is one of the best ideas I have seen since I came to the legislature. It takes 25 votes in the legislature to get this on the ballot for the people to decide next November. I hope people call and encourage their State senator to support LR 300 CA.

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
1-17-2020

The second week of the 2020 legislative session was one of the most successful I have ever had as a Nebraska State Senator.

Early in the week, a very important effort I have been working on since I arrived in the Legislature was up for debate. I introduced Legislative Bill 153 at the request of Governor Pete Ricketts. It was made a priority bill by Senator Lowe of Kearney. It exempts 50 percent of a military retiree’s pension from Nebraska income tax. Every state we share a border with either exempts some portion of military retirement income from tax or does not tax income at all. Consequently, Nebraska has been losing these military veterans to other states for years, because those other states let them keep more of what they have earned. Senators have been trying to get a bill like this done for decades. Nebraska’s outstanding veteran groups showed up in force, and my fellow senators got the message loud and clear. The bill advanced 46-0.

Later in the week, my priority bill, LB 582, was briefly debated on general file and it advanced on a vote of 43-0. This bill will make it easier for prosecutors to obtain felony convictions for criminals trafficking in stolen guns. Stolen guns are used in many violent crimes. In particular, this will give the gang units in the more urban police departments a badly needed tool.

Speaking of gun legislation, we will debate some other gun-related bills this session. Senator John McCollister’s LB 816 would implement what I believe are unconstitutional restrictions on so-called “assault weapons,” a category defined mostly by cosmetic or ergonomic features like barrel shrouds, pistol grips, and adjustable stocks. My office has attempted to provide evidence to Senator McCollister about why his bill will actually make Nebraskans less secure. Unfortunately, he is still dead-set on more restrictions on responsible, law-abiding gun owners.

Senator Morfeld’s LB 58, a carryover bill from 2019, would create a “Red Flag Law” in Nebraska. This would result in sending law enforcement out to confiscate guns from people who have been convicted of no crime, do not suffer from dangerous mental illness, and who won’t even have a chance to defend their rights in court until after they have been taken away.

To say the least, these gun control proposals are wrong-headed. I think both of these bills are grave betrayals of our federal and state constitutional rights. I will work hard with other senators to defend our rights and to stop both of these bills. It is foolish and counter-productive to place more legal burdens on gun owners. Giving up our God-given rights will not make us any safer.

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.