Senator Tom Brewer
43rd District
4-19-2019

This week my priority bill, LB 155, was again debated on the floor. Senator Rob Clements was very generous and used his priority designation on my bill. After this bill failed to advance the first time we debated it in February, things looked grim. The action Senator Clements took brought the bill back to life. This almost never happens. I cannot thank him enough. I must also recognize the many concerned Nebraskans from all over our great state who steadfastly supported this effort through telephone calls, emails, in-person visits to the Capitol, and their stories about why they want to preserve their property rights and their way of life.

Right now, there is a sentence in Nebraska law stating that connection to a privately-developed wind energy facility is a “public use.” This special status gives wind energy developers access to the government power of eminent domain. It allows them to use a state agency like NPPD to forcibly seize private property from their neighbor to build power lines to connect a wind farm to the power grid. This sentence in the law is an absolute statement and cannot be challenged in a courtroom, regardless of the evidence.

Originally, LB 155 did away with private wind energy’s “public use” status entirely by deleting that sentence from the law. Unfortunately, the bill faced significant opposition the first time it was debated, and we fell two votes short. A filibuster was planned for this latest round of debate. Wind energy still enjoys considerable support in the Legislature, so I could not put together enough votes to fight the filibuster head-on. I was facing a battle I could not win, so I had to find a different option. After numerous meetings with opponents and with allies, we put together an amendment to the bill.

With the amendment, there would still be a statement in the law about connection to wind and other renewables being a “public use.” But this statement would no longer be absolute. With the change in the amended version of LB 155, a landowner would be able to challenge the use of eminent domain in court. If the bill is made into law, the landowner would be able to ask the judge to decide whether or not a certain project was really for a public use. Now, using eminent domain to build feeder lines will be a little less certain for the wind energy developers. Our hope is to keep them at the negotiating table trying to cooperate with landowners instead of just counting on the courts to force their hand. It is not a silver bullet, but this bill unlocks a door to the courthouse that was shut to landowners before.

Making concessions is something no one enjoys doing. In politics, they say “you can have all of nothing or part of something.” Without this compromise, another defeat would have been a certainty. After three legislative sessions and over two years of fighting, we won a victory for private property rights today. LB 155 advanced this week on a 40–1 vote. To my knowledge, this is the first time the legislature has ever pushed-back on wind energy, and it will not be the last.

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.

Senator Tom Brewer
43rd District
4-12-2019

Last weekend, I hosted a concealed carry class at my daughter’s property in Cass County. A half-dozen senators and staff were some of those who participated in the classroom instruction and the live-fire training on the pistol range.

Our federal and state constitutions recognize the 2nd Amendment as an essential right, and very few people around the world have the opportunity to enjoy it. This right is therefore a part of our identity as Americans and Nebraskans. It is an important piece of being a self-reliant people. The training this past weekend again reminded me that we shouldn’t look to government to solve every problem we have. The right to keep and bear arms reminds us that we play a role in protecting our own liberty. Our inherent right to self-defense says we don’t have to wait for the government to do it for us. When seconds count, the police are only minutes away.

Self-reliance is a character quality that has to do with a lot more than just guns. It is self-reliance that causes us to work hard for the food we put on the family table, and everything else we hope to earn in life. A self-reliant person’s first thought is not whether or not the government can give him something. A self-reliant person does not also think his neighbors owe him a hand-out. Instead, he works to cooperate with his neighbors to everyone’s benefit.

This is what my priority bill, LB 155, is all about. If a land-owner is going to develop an industrial wind energy facility on their property, the business plan shouldn’t include using the power of government to take from his neighbor to make the plan work. The current law makes it very difficult for that neighbor to defend his property rights. LB 155 provides them a fighting chance in court.

I am proud to represent a district where my constituents embody the virtue of self-reliance every day. I want the law to be on the side of the hard workers. I want the law to be on the side of the person making decisions for the family farm or ranch. I don’t think the law should encourage people to take from their neighbors as it does now.

When we first debated LB 155 in the legislature this year, the first vote fell short by two votes. I pledged that I was going to bring back LB 155. With Sen. Rob Clements’ help, that promise will be kept. Next week LB 155 will be on the agenda for debate again.

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.

Senator Tom Brewer
43rd District
3-29-2019

This week we debated two important property tax proposals. Senator Erdman’s priority bill, LB 483, would change how we assess the value of agricultural real estate. This is not a broad-based property tax cut bill. It merely changes the current appraisal method. Instead of using comparable sale records on properties that are often very different, appraisal of ag land would be based on the farm or ranch income a parcel of ground could generate.

Other states around Nebraska use this method with great success. It is a smart, easy, fair way to establish the value of agricultural land. The bill never came up for a vote because it was filibustered by urban senators, some of whom do not even have agricultural ground in their districts.

Later in the week, Senator Erdman offered another proposal as an amendment to Senator Linehan’s LB 512. His amendment would change the law that establishes when the value of a property is set for the tax year. Right now, that value is established at the beginning of each year. If a flood comes along in the middle of March—like we saw this year—and it destroys the property, the owner still owes the full property tax as assessed on January 1. Senator Erdman’s proposal would allow this value to be adjusted up until the 1st of October each year, and the full amount would be owed after that.

Once again, this property tax measure was filibustered by urban senators. One Lincoln senator voiced her concerns that the Legislature should think first about the need of county governments, instead of thinking of the taxpayer first. I think that is flat-out wrong: government should exist to serve the people, not the other way around. Driving disaster-stricken property owners into the ground with unjust high taxes on property that has been destroyed will not help county governments stay afloat over the long run.

Twice in one week a rural senator fought to get property tax changes—and perhaps a little disaster relief—for rural (and urban) areas. Both efforts were delayed by urban senators, many of whom were not affected by the disaster last month or either of Senator Erdman’s measures. The outcome of these early property tax discussions certainly does not bode well for the debate we will soon have on the larger issue of property tax relief. Whether my colleagues from the more populated parts of Nebraska realize it or not, property tax relief is critical to the survival of our ag economy. My constituents already understand this. If agriculture continues to suffer, so will our state economy that relies on the ag sector so heavily. I hope in days to come that we see more property tax relief proposals on the legislative agenda. Nebraskans have been waiting more than a generation already.

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.

Senator Tom Brewer
43rd District
3-22-2019

As the flooding continues across Nebraska, farmers and ranchers are assessing the damage and starting the recovery process. Flood crests on the Missouri River at Nebraska City, Brownsville, and Rulo have exceeded the all-time historic record by over 4 feet. Severe livestock loss has been reported, and a large percentage of the State’s most productive farm ground will go unplanted this year.

Flooding has been so bad at Offutt Air Base that aircraft have been relocated. Over a third of the base is flooded, with runways and some buildings under water. Across the state, 96 cities have declared emergencies, along with 79 counties and five tribal areas.

Governor Ricketts and President Trump have declared an emergency. The governor has said that Nebraskans are facing “the most widespread destruction we have ever seen in our state’s history.”

Those affected by the flooding can visit the Nebraska Emergency Management Agency (NEMA) website at nema.nebraska.gov. NEMA has information on how to assess the ongoing conditions, and how to return home to flooded locations and start the process of recovery. You can also find the complete roster of county emergency management directors and coordinators on NEMA’s website.

The American Red Cross, church-based response teams, and many other private volunteers are already working to answer the need that exists. That need will continue to be great as neighbors help neighbors to rebuild. Our fellow Nebraskans are generous, but any person seeking to make a financial contribution to the relief effort should make sure that gifts are to reputable, established charity organizations.

The impact this disaster will have on state and local budgets will be significant. There are hundreds of miles of roads that will have to be completely replaced or repaired. Scores of bridges that were seriously damaged — or totally destroyed and washed away — will have to be addressed, too. The estimated damage to buildings, infrastructure, livestock, and crops in Nebraska is at $1.4 billion and climbing.

These pressures will mean that property tax relief efforts are up against even greater challenges this session. What I will remind my colleagues is simple: Nebraska is an agricultural state. Agriculture is already in crisis from property taxes, and now the blizzards and flooding have hit agriculture, too. I will fight for a budget that dedicates real dollars to lowering the property tax burden. If we do not act now, the property tax crisis will remain after our fields and farms have dried out. Property tax relief is disaster relief for farmers and ranchers.

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.

Senator Tom Brewer
43rd District
03-15-2019

The historic winter storm we had this week has hit Nebraska hard. At least one person has lost their life. Ranches are snowed-in and county roads are impassable. Towns are flooded. Roads are closed, bridges are washed out, and a dam on the Niobrara River totally failed and was washed away. I have been contacted by Congressman Smith’s office asking for any information that he can relay to those organizing federal relief efforts. The Nebraska Emergency Management Agency (NEMA) is already in motion, and there will be a National Guard element supporting the relief efforts as well. Locally, citizens suffering the effects of this disaster can send a text message with their ZIP code to 898-211 or call 211 for more information on services to help people in this time of need.

Back in Lincoln, this week we had the final debate on LB 704. This bill will allow the State of Nebraska to collect sales tax from online internet sales. This really isn’t a new tax because the obligation in the law already exists to pay what is called “use tax” on these purchases. Many people ignore this tax obligation, and without an enforcement mechanism in place much of it goes uncollected. The bill has an “emergency clause” which means it will be enacted into law the moment the Governor signs it. Ordinarily, bills signed by the Governor become law 90 days after the end of the legislative session. Instead of a simple majority (25), “E” bills require a 2/3 vote (33) to pass. This bill passed 43 yes, 0 no, 2 present not voting, 2 absent.

I don’t like taxes, and I oppose tax increases. I voted for this bill because it is about fairness. We have brick-and-mortar businesses across Nebraska that have always had to collect sales tax. With the rise of internet sales, competitors to a main street business can sell online for a discount because most do not collect Nebraska sales tax. This gives them an unfair advantage. If we’re going to have a sales tax, everyone should have to collect it. This bill does that. It levels the playing field.

What worries me the most about the revenue from this bill is what will be done with the new money. Many Senators in the legislature have an endless supply of bright ideas to spend the taxpayer’s money. There will be a strong temptation for some to treat this new revenue as a windfall they can spend on pet projects. I believe strongly that every last nickel of this new money must be devoted to the #1 problem in our state: lowering property taxes.

No one knows for sure how much will be collected. In the Governor’s budget, he has proposed $51 million for the property tax credit fund to reflect the expected proceeds from the internet sales tax. This is in addition to other money that will be directed to this fund. I think $51 million is a fair number. Now the hard work of defending it begins.

The last revenue projection showed a $110 million budget shortfall. Because of the ballot initiative last fall, there is the new expense of Medicaid Expansion. By rule, the Revenue Committee must advance the budget bill by the 70th legislative day (2 May) and the full legislature must pass it by the 80th legislative day (22 May). I will not support a budget that does not designate this money for property tax relief. If a special session is required, I am willing to fight for that once again.

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.

Senator Tom Brewer
43rd District
03-08-2019

In our Congress in Washington, D.C., House Resolution (HR) 1263 is a bill that was recently introduced. It makes semi-automatic rifles and shotguns all but illegal. You would have to register these guns and pay a steep federal tax to legally possess them. After 120 days from the enactment of the law, you would be guilty of a federal felony if you hadn’t complied. This is a direct attack on the 2nd Amendment.

Closer to home, in a somewhat more subtle attack on the 2nd Amendment, a Lincoln Senator introduced LB 58. This is commonly called a “Red Flag” law. This would allow the police to confiscate a person’s guns WITHOUT due process of law, and even without the person’s knowledge. Any family member, current or former spouse, anyone they have ever dated or been a roommate with can go to law enforcement. They can tell a story about how they think you are a risk to yourself and others and presto! Without ever hearing your side of the story, the court can issue a temporary order and the police are at your door confiscating your guns.

LB 58 says that you would get a hearing within roughly a month to decide whether the short-term, temporary order will remain in effect for a longer period. So now you have to hire a lawyer. That probably means writing a retainer check just for the lawyer to begin working. Then you have to take time out of your schedule and miss work to prepare for a hearing with that newly hired attorney. If you don’t have a couple thousand dollars on hand, you will have to represent yourself.

Imagine the process goes as proposed in LB 58. IF the judge decides at that hearing that there is no good evidence for continuing the order, that means that your firearms rights would be restored. But that sure would not feel much like justice to the person who has just been raided by police, been forced to spend thousands of dollars on an attorney, and missed work in the meantime. The bill as written doesn’t address this unfairness because the gun owner’s rights are not important to many Senators in our Legislature.

Every time a horrible event comes across the news wire, I urge people to resist the temptation to recommend the typical knee-jerk, Nanny State Solution to ban guns. It is very easy to assume that more gun control will result in less crime, but this is false. Gun control laws only “control” people inclined to obey the law in the first place – the law-abiding. Murder is ALREADY illegal. More gun laws don’t stop gun violence. There is no logic – or evidence – to support how restrictions on law-abiding gun owners is going to make a bit of difference. I wish our elected officials in Washington and Lincoln could understand this.

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.

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.

Senator Tom Brewer
43rd District
02-22-2019

The federal government approval of NPPD’s “R-Project” powerline is nearing a decision point. The Environmental Impact Statement (EIS) for the project has been on the Federal Register since the 8th of February and is nearing the end of its 30 day waiting period. After which, a “final record of decision” is soon to follow. This gives NPPD the green-light to begin construction of the power-line.

The problem with all this is they have not and are not following the federal law (Endangered Species Act). In spite of the shiny new R-Project sales brochure handed out by NPPD at the capitol today, they continue to show a complete disregard for the countless concerns raised by the public. The route of the R-Project has not changed an inch.

If one drills down into this 837 page document, you will find Appendix E which concerns the Whooping Crane. The highly technical computations discussed in this appendix attempt to answer the question of “mortality.” Specifically, how many Whooping Cranes do the US Fish & Wildlife biologists think will be killed by collisions with this power line over the 50 year life of the project? Remember, only 505 of these animals remain.

The data used to answer this question is old and sparse, and the calculation method used was designed to deliberately skew the result to as near “zero” as was mathematically possible. A large amount of new, modern data was found in early 2018, but the chapter on “threatened and endangered species” was closed by that point and the new data was not considered in the EIS. This violates the Endangered Species Act which requires the US Fish & Wildlife Service (USFWS) use “the best available science.” As it is, they are deliberately ignoring it, and so is NPPD.

As a result of a Department of Interior Inspector General’s Complaint I filed, analysis of the new data was eventually forced to happen by the USFWS Scientific Integrity Officer, and is now part of the public record. In an effort, I believe, to deliberately discredit the data, the biologists in the Denver USFWS office wrote an incomplete rebuttal of the analysis and it is rife with errors. I’m shocked this actually made it into the public record. They did this, I believe, because an honest appraisal of the best data available shows a shocking Whooping Crane mortality rate.

The law provides a remedy for all of this called a “Supplemental Environmental Impact Study.” This new Whooping Crane data could be properly studied and a scientifically sound report, free of bias could be rendered. It’s the right thing to do. Sadly, NPPD steadfastly refuses to do this. On the advice of NPPD’s paid lobbyist in Denver, the US Fish & Wildlife Service also steadfastly refused to do this. Other members of Nebraska’s congressional delegation have joined me in this fight. We will soon see if the Department of Interior agrees with the corruption surrounding the R Project.

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.

Senator Tom Brewer
43rd District
02-08-2019

The legislature is fully operational and moving out smartly. Of the twenty-three bills I introduced this session, I presented seven of them in hearings this week.

LB 153 is a bill that exempts 50% of a military retiree’s pension from Nebraska state income tax. It was heard in the Revenue Committee. This is very similar to a bill I introduced two years ago. This time, the bill was “introduced on behalf of the Governor” who has made it a priority in his budget. I was honored to have the Governor be the first to testify in support of this bill.

I am very grateful for and would like to recognize the huge turn-out from the many Veteran Groups across Nebraska who came out in support of the bill. After an hours-long hearing, and scores of people who came to testify, there was no opposition. I am optimistic the Revenue Committee will advance this bill to General File.

LB 660 updates the Brand Committee system in Nebraska. It removes the requirement for the Executive Director to be “law-enforcement certified” and creates a new chief investigator position to perform that role. I believe the Executive Director of the Brand Committee should be someone who has spent a lifetime in the cattle business. Whether or not they can manage to graduate from the rigorous 16-week course at Nebraska Law Enforcement Academy isn’t the best measure of the knowledge and experience the person really needs for this job. We’re waiting for the Agriculture Committee to hold an executive session and vote on LB 660.

LB 155 is my priority bill this session. It repeals one sentence out of the existing law. Currently, the law allows private citizens to use the government power of eminent domain against their neighbors so they can run feeder lines across their neighbors land to connect their wind energy facility to the power grid.

A private citizen should not be able to use the government power of eminent domain against their neighbors so they can make money. At the end of the day, that is what wind energy in Nebraska is about – making private people and corporations money. We certainly have no public need for the electricity wind farms occasionally make. There are over 400 megawatts of excess electrical generation in Nebraska. I don’t object to anyone making money. Lord knows our farmers and ranchers can use every penny. Doing so at the expense of their neighbors however is just wrong. The bill was heard in the Natural Resources Committee this week, and I am waiting for Sen. Hughes to hold an executive session and vote on LB 155.

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.

Senator Tom Brewer
43rd District
02-01-2019

The inscription in the stone above the North door of the Nebraska State Capitol reads;

The salvation of the State is watchfulness in the citizen.

The cornerstone of our Unicameral State Legislature is public transparency. When compared to other States, our rules do have far more opportunities for the public to be involved; to be “watchful” of our legislature. Lately I have been given reason to question this. I wonder how we can expect the citizens to be watchful. I wonder how the citizens are supposed to play their role as the “2nd House.” How can they be the check and balance on our Unicameral they are supposed to be if the truth is hidden from them?

For example, the first day of the session for brand new legislatures (which last 2 years) 14 Standing Committee Chairs are elected, among other positions. Committee chairmen have the ultimate power in our Unicameral. This is one of the most important votes a Senator can cast, and yet it is done by secret ballot and hidden from the public.

Every single bill (739 this session) receives a public hearing under our Unicameral system. Citizens, lobbyists and interest groups can “testify” at the hearing. The problem is this hearing is not a courtroom. The people who testify are not under oath. There are no penalties for perjury (lying to the Committee.) Consequently, we see what happened this week in the hearing when I introduced LB 373. Some citizens, lobbyists and interest groups who testified in opposition to my bill probably misspoke and made an honest mistake by providing false information. Unfortunately, I know some of them knowingly deceived the committee members and lied in their testimony.

How is the public supposed to perform their role as the 2nd House and be watchful citizens of their State government if they cannot expect to hear the truth in a bill hearing? How can Senators on the committee rely on the information presented at the hearing to make informed decisions about the policy they are expected to legislate?

Bills should stand or fall on their own merits. Testimony in bill hearings should enlighten and expand knowledge and understanding. Senators should be able to accurately judge what a bill really does and rely on what they are told in hearings. Integrity cannot be taken, only given away, and once gone, it is lost forever. I will continue to take my oath seriously and uphold the highest standards where the truth is its own reward.

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.