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.

Senator Tom Brewer
43rd District
01-25-2019

LB 110 is a bill that would make medical marijuana legal in Nebraska. It was introduced on the 10th of January. It is a senator priority bill that was referenced to the Judiciary Committee. I believe this committee will promptly vote this bill out, and we will soon debate it on the floor.

I oppose this bill and will vote against it.

As with most bills there is a long list of pros and cons; supporters and opponents. There are numerous worthy arguments in opposition to this bill, but today I just want to write about one troubling aspect of it – Second Amendment Rights.

I encourage readers to find a copy of the ATF Form 4473. This is the form a person must complete in order to purchase a firearm. Beginning with block 11, there are 13 questions that a person must answer. If the answer is “yes” to anyone of them, you are considered a “prohibited person” by federal law, and you may not possess a firearm. If you lie and provide a false answer, this is a federal felony punishable by a large fine and a prison sentence. Block 11e reads as follows:

“Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, or narcotic drug, or any other controlled substance? WARNING: The use or possession of marijuana remains unlawful under federal law regardless of whether it has been legalized or decriminalized for medical or recreational purposes in the State where you reside.”

LB 110 contains a provision that creates a “registry” of persons who have been given a “prescription” to purchase medical marijuana. Consider for a moment your name being in this registry. You are now a documented marijuana user whose name is in a government-controlled database. Now consider the fact you own guns and perhaps may like to purchase another gun someday. There is now a record (also called clear evidence) of you being a “prohibited person” who cannot legally possess guns. If you buy another gun and lie on Block 11e, you’re in even more trouble. Either way, your medical marijuana prescription makes you a federal felon if you attempt to possess or purchase a firearm. Even if you’re not charged with a crime, there may even be circumstances where law enforcement could use the fact you are a documented marijuana user to confiscate your guns.

Among other things, the effect of this law is to incentivize the marijuana black market as many people, especially those people who own guns, will not want their name in this registry. Instead of “bringing marijuana out of the shadows” as supporters like to say, this law provides incentive for a whole new black-market of people who would still have good reason to avoid the “legal” medical marijuana dispensary.

People need to read the bill and decide for themselves if getting stoned is really worth losing their Second Amendment rights.

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
01-18-2019

I am a defender of the Second Amendment. I firmly believe it is the one constitutional amendment which guarantees all the others. The first role of government is to defend our rights, not pass laws that further infringe upon them. The Second Amendment is already the only constitutional “right” we have to ask permission to use.

With this in mind it is no surprise that I am opposed to LB 58, a bill introduced by Senator Morfeld of Lincoln. It is called the “Extreme Risk Protection Order Act” also known as a “Red Flag Law.”

This bill would create a new process for taking guns away from lawful gun owners. This isn’t a Nebraska solution to a Nebraska problem. Much of the language in the bill is taken word-for-word from Florida and Washington laws, and a bill currently pending in Colorado. LB 58 would allow law enforcement to file a petition for an order to take guns away from people, but what is particularly troubling, is the bill would also allow other people to file a petition. Any family member, no matter how distantly related, current and former spouses, anyone the subject had ever dated, or anyone who had ever been a roommate of the subject. All of this takes place without any due process. The gun owner’s first indication there is a problem is the police showing up with a court order to seize his guns.

The purpose of seeking an order under this proposed law is to have police take guns away, by force if necessary, from someone who is deemed a danger. We already have legal processes to take guns from: convicted felons, accused felons (awaiting trial), domestic violence offenders, people subject to a domestic violence protection order or harassment protection order, people who are seriously mentally ill, dishonorably discharged former service members, people who have renounced their citizenship and illegal aliens.

The criminal court procedures we already have are balanced to protect constitutional rights while protecting the public. The mental health board procedure involves people who are qualified to evaluate a person’s mental health symptoms and past history. This bill would set a much lower bar for taking away gun rights. Not just dangerous mental illness, but any recurring mental health issue could be used to take away guns. Do we really want to discourage people from seeking treatment? What about veterans with PTSD or mild depression who are receiving support from the VA? This bill would say that is evidence that could be used to take away their rights.

We should take the United States and the Nebraska Constitutions seriously. Our laws already allow officials to take guns from people who are planning or committing serious crimes, who are threatening or harassing others, or who are dangerously mentally ill.
We have challenges in our corrections and mental health systems we need to solve, but Senator Morfeld’s bill is not the way to do it. I will strongly oppose this legislation.

If you have any other questions, please don’t hesitate to call. 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
01-11-2019

Two years ago on my first week as a State Senator I wrote in my very first weekly update:

“This past 8 days have been a whirlwind of activity. The 105th Legislature convened on Wednesday, January 4th and immediately after we were sworn in. The Legislature went about the business of electing Committee Chairs for the various committees. No one can remember the last time 3 freshman were appointed to Committee Chairs. The Lincoln paper referred to the 4th of January as a “political earthquake”. I have been appointed to be the Vice-Chair of the Govt., Military and Veteran Affairs Committee with Senator Murante as Chairman; and I am also serving on the Banking, Commerce, and Insurance Committee.”

As I watched the 13 new senator’s experience the first day of the 106th Legislature this week, I couldn’t help but be reminded of what my staff and I experienced. Julie and Tony were both also brand new to their role and were just as wide-eyed and overwhelmed as I was. Fresh off his most recent deployment to Afghanistan, Tony remarked the last time he had been in the Capitol building was on a field trip in 4th grade. Julie was no stranger to the Capitol being a very active citizen in many political issues. She had just moved all the way from Cheyenne, Wyoming to be on my staff. The past two years have been a steep learning curve for all of us, but we’re making a lot of progress and have become the best team in the legislature.

I was honored by my colleagues to be elected the Chairman of the Government, Military and Veterans Affairs committee. I am now assigned to the Education Committee, where I think I’ll have more to contribute than I did on the Banking Committee. I continue to Chair the State Tribal Relations Committee.

Being a Committee Chairman, I am authorized two more fulltime staff members. I have promoted Julie Condon, my Administrative Assistant/Officer Manager to the Clerk of the Government, Military and Veterans Affairs Committee. Her replacement, Rebecca Daugherty, is a wonderfully talented young lady who has worked in the legislature for some time. I’d also like to welcome a fine attorney, Mr. Dick Clark, to the team. He is the Legal Counsel for the Committee with many years of experience working in various legal roles in state government. In his private practice he is one of the best attorney’s in the country for gun-related cases. For the third time in two years, we’ve also got a brand new office in Room 1423 back on the first floor just inside the South door of the capitol.

Bill introduction is the first 10 legislative days of the session. When it is all said and done, I will introduce over 20 bills this session – a number of them brought to me by constituents. The last election changed the political composition of the body, so all the new faces will definitely influence the direction we go. It’s too early to make any predictions, but I remain hopeful we can finally get something passed on property taxes. This remains my #1 priority.

If you have any other questions, please don’t hesitate to call. 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
10-04-2019

On Friday, October 4th, my staff attended a legislative summit hosted by the Omaha-based Platte Institute. The theme of this event was “Imagine the Possibilities.” The Platte Institute supports free markets, lower taxes, and lower government spending, and they do a good job of advocating for these values. Since those are values I share, I am always glad to see Platte Institute folks walking the hallways at the Capitol.

There were a couple of major themes discussed at the Platte event, but they all centered around getting big government out of the way in Nebraska. Two Nebraskans received the “Connie Brown Freedom Award.” Dawn Hatcher of Columbus and Karen Hough of Arnold played a key role in legalizing equine massage, something that Sen. Mike Groene got done in 2018. These two business owners found something they were good at and that their neighbors wanted. Unfortunately, the government was in the way. I join the Platte Institute in cheering on these efforts to make Nebraska better — not just for horses, but for small-business owners who know all too well just how much red tape there is in between a good idea and a paycheck.

Cutting government red tape was also the topic of discussion for a panel that included my friend Sen. John Lowe from Kearney. Sen. Lowe talked about the mountains of bureaucratic regulations on the books here in Nebraska. We have two interim studies from Sen. Lowe scheduled for hearings in the Government, Military, and Veterans Affairs Committee for Friday, October 25th. One will focus on rolling back harmful overregulation. The other will discuss some ideas for making state agencies stretch every public dollar.

My committee legal counsel, Dick Clark, was a speaker on another panel, which discussed a good law passed in 2018 that requires the Legislature to review, reform, or even eliminate occupational licenses and other regulations that make it harder for people to work. Dick did hundreds of hours of research needed to get this new law operational. With Nebraska requiring state licenses for over 150 jobs, reviewing these licenses — some over 120 years old — is long overdue. If there is a bad law keeping people from doing productive work, my fellow senators need to know about it.

The single most important discussion of the day was on property taxes. Sen. Mike Groene and Sen. Lou Anne Linehan were the two lawmakers who participated in that conversation. The Platte Institute passed out information on sales and property taxes. Their property tax handout said more or less what I have been saying since the end of session, that the Legislature’s mission in 2020 has to be to “develop a 33-vote consensus on major property tax reform or face a possible constitutional amendment ballot initiative…” Senators who ignore that warning are going to be faced with some unpleasant choices after next November. I continue to hope that we can get them to do the work to make property tax relief more than a campaign slogan. If we cannot, voters will take matters into their own hands.

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
01-04-2019

The 1st Session of the 106th Legislature will start next Wednesday the 9th of January. Once again my good friend Sen. Steve Halloran will introduce a bill concerning the Convention of States. Once passed, this will be Nebraska’s “application” to the US Congress asking that a Convention of States for the purpose of proposing amendments to the US Constitution be called. I strongly support this legislation and will co-sponsor Sen. Halloran’s bill again.

2/3s of the States (34) have to make application for this convention to happen. So far 12 States have done this. 10 more States have passed the measure in one chamber of their legislature. Convention of States legislation has been introduced in another 25 States including Nebraska.

The framers of the constitution put two methods in Article 5 of the constitution so the constitution could be amended. Our country has used the first method in Article 5 (2/3 of Congress) thirty three times to create twenty-seven amendments to the constitution. The process clearly works. The second method in Article 5 (2/3 of the States) have a convention to propose amendments to the constitution. Once 34 States have made application, Congress calls the convention (names the time and place). All States may send a delegation whether they applied for the convention or not. Amendments to the constitution are proposed at the convention. Each State has one vote. Amendments voted out of the convention are sent to congress to select a mode of ratification, and then they are sent to all 50 States for ratification. We’ve never done this before, but I think it is high time we do.

Regardless of whether congress proposes the amendment, or the States do, it must be ratified by ¾ or 38 of the States. That amounts to 76 houses of government just like our legislature. They each have to vote to ratify an amendment. This works out to be about 2,500 State legislators like me all have to vote “yes” to ratify an amendment to the US Constitution. This is a very powerful safeguard the framers of the constitution put in place.

This is NOT a constitutional convention. This is a convention for purpose of proposing amendments to the constitution. I urge everyone to read Article 5. There is no authority to re-write the constitution. People have told me this convention could “run away” voting out all kinds of radical changes to the constitution. Repealing our 2nd amendment gun rights, or making abortion a constitutional right. I simply ask them to show me the 38 States and their 76 houses of government that would vote to ratify such a thing.

Instead of raising groundless theoretical worries, I would point folks to our “run away” federal government we can see every day in Washington, D.C. This is real. The looming disaster of our national debt and the harm it is going to cause our children and grandchildren is real. The States got together in Philadelphia in 1787 and created our Federal Government. I think it is past time for the States to get together and rein it in.

If you have any other questions, please don’t hesitate to call. 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 #1202, P.O. Box 94604, Lincoln, NE 68509 or call us at (402) 471-2628.