The 108^th biennium of the Nebraska Legislature begins at 10:00 a.m. on Wednesday, January 4, 2023. The first item of business will be to appoint temporary presiding officers (the Clerk and Sergeant at Arms), then escort the Chief Justice in to swear in all the newly elected members of the Legislature. We will then adopt “temporary rules” which will be used to conduct the first day’s business and typically mirror the rules adopted by the previous legislature.

Once sworn in, the Legislature will elect a new Clerk of the Legislature, as Patrick J. O’Donnell is retiring, as well as the Assistant Clerks and the Chief Sergeant at Arms. This will be followed by the election of the new Speaker of the Legislature and members of the Executive Board. Next, Chairs of the Unicameral’s 14 Standing Committee Chairs and additional Special and Select Committee Chairs will be elected. Senators will also have the opportunity to introduce bills on Day 1.

The Committee on Committees cannot meet to work out which Senators will serve on which committees until the Chairs of the Committees have been selected. In addition, office assignments depend on Chair selections, so there will be much reshuffling during the first few days of the Legislative Session.

Senators must have all their bills introduced by Day 10, which is scheduled to fall on January 18. As bills are introduced, they are referred to the committee of jurisdiction by the Referencing Committee, which consists of the members of the Executive Board. All bills will have a public hearing at which the public, stakeholders, and industry can weigh in on the merits of the bill. Although every bill gets a hearing, not every bill gets a vote. Ultimately, the chair determines what bills the committee votes on, and the members of the committee decide whether the bill advances to the full legislature for consideration. The chair also determines which bills receive the committee’s two priority designations. Although most bills advance from a committee before they are debated on the floor, it is possible for the body to “pull” a bill from a committee with 30 votes. This mechanism is used rarely, and usually for controversial legislation stalled in committee.

If a bill is voted out of committee, the bill advances for debate by the whole legislature. Those with a priority designation, either from an individual Senator, a committee, or the Speaker, move to the top of the queue. However, the Speaker of the Legislature ultimately sets the agenda for each day and often schedules bills out of order to better manage the body’s schedule. A bill must then pass three rounds of debate (General File, Select File, and Final Reading) before it becomes law. It takes 25 votes (a majority) to advance a bill, but 33 votes to end a filibuster. Any bills that fail to advance during this coming 90-day session will be carried over to next year’s 60-day session.

Currently, I plan to introduce six bills, including a bill to require railroads to maintain a two-person crew while moving freight along the rail system. Although I am a business person who believes in the free market and limited government interference, I believe this policy is necessary to ensure public and worker safety. The railroads want to experiment with stationary conductors working from their homes along the track, but this plan fails to account for problems that could arise if the engineer has a health issue along the route. It also will not provide a short enough response time if there is a time-sensitive emergency; for example, being the first responder at an accident or taking care of the duties involved in “breaking” a train to unblock a rail crossing should the train need to stop for an extended period of time.

Blocked crossings create public safety issues when first responders and the general public cannot access one, two, or three crossings at the same time. Additionally, there have been multiple reports of children dragging their bicycles under the train to get through. Any sudden movement of the train at that point could result in disaster. In the end, safety should be a priority and should not and cannot be compromised. Every regulated business (banks, hospitals, nursing homes, power plants, packing plants, manufacturers, and many others) are required to maintain safety protocols for their workers and customers. The railroads should be no exception.

I will spend the next few weeks updating you on bills of interest and will look forward to your input. I also encourage you to be engaged in the committee review process by testifying or submitting comments in support or opposition to legislation.

It is an honor to serve as your District 42 State Senator. Please feel free to reach out to my office at 402-471-2729 or by email at mjacobson@leg.ne.gov. My door is always open!