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A History and Description of the Nebraska Legislative Process

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A History and Description of the Nebraska Legislative Process A HISTORY AND DESCRIPTION OF THE NEBRASKA LEGISLATIVE PROCESS by Michael S. Dulaney Associate Executive Director Nebraska Council of School Administrators September 2, 2002 ILLUSTRATIONS Figure 1 Official Duties of the Nebraska Lt. Governor ..................................................... 14 2 Constitutional Amendments to Eliminate the Role of the Lt. Governor as Presiding Officer..................................................... 16 3 Nebraska Speakers from 1979-2001.................................................................... 20 4 Order of Designated Presiding Officers in the Absence of Lt Governor and Speaker........................................................ 22 5 Other Functions of the Speaker............................................................................ 26 6 Nebraska Legislative Caucuses............................................................................ 29 7 Legislative Organizational Chart ......................................................................... 32 8 Other Duties of the Executive Board................................................................... 34 9 Other Duties of the Clerk of the Legislature........................................................ 38 10 Standing Committees of the Nebraska Legislature.............................................. 44 11 Other Duties of the Chairperson of the Appropriations Committee.................... 47 12 Regular Meeting Days for Standing Committees ................................................ 49 13 Special Committees of the Legislature ................................................................ 53 14 Select Committees of the Legislature .................................................................. 56 15 Average Number of Bills Introduced and Passed each Session from 1915-2000 ........................................................... 60 16 Categories and Types of Legislative Measures ................................................... 63 17 The Nebraska Legislative Process ....................................................................... 88 18 Other Motions on General File ............................................................................ 94 19 Ballot Measures Relating to At Large Reading of Measures .............................. 107 ii CONTENTS List of Illustrations..................................................................................................... ii Chapter 1. THE NEBRASKA LEGISLATURE: A BRIEF HISTORY ......................... 1 Early Unicameralism ............................................................................... 1 Bicameralism in Nebraska ....................................................................... 2 The Nebraska Experiment........................................................................ 3 The Nebraska Legislature Today............................................................. 9 PART I. ORGANIZATION 2. LEADERSHIP ............................................................................................... 11 President and Speaker of the Legislature................................................. 11 Other Elected Officers ............................................................................. 26 Appointed Officers................................................................................... 35 3. COMMITTEES.............................................................................................. 41 Standing Committees............................................................................... 44 Special Committees ................................................................................. 50 Select Committees ................................................................................... 55 PART II. PROCESS AND PROCEDURE 4. BILL INTRODUCTION ............................................................................... 58 Conceptualization .................................................................................... 58 Limitation of Bills.................................................................................... 60 Drafting of Bills ....................................................................................... 61 Types of Legislative Measures ................................................................ 62 Sponsors and Co-Sponsors ...................................................................... 65 Numbering ............................................................................................... 66 Reading of Title ....................................................................................... 66 iii Chapter Bill Referral ............................................................................................. 66 Bill Withdrawal........................................................................................ 67 Statement of Intent................................................................................... 68 Fiscal Impact............................................................................................ 68 5. PUBLIC HEARINGS .................................................................................... 70 Committee Rules...................................................................................... 70 Hearing Procedures.................................................................................. 71 Subpoena Power....................................................................................... 73 6. COMMITTEE CONSIDERATION .............................................................. 75 Executive Session .................................................................................... 75 Committee Statement............................................................................... 80 7. PRIORITY DESIGNATION......................................................................... 82 8. GENERAL FILE ........................................................................................... 87 Floor Introduction .................................................................................... 87 Amendments ............................................................................................ 89 Motions .................................................................................................... 92 Methods of Voting ................................................................................... 97 Vote to Advance ...................................................................................... 99 Enrollment and Review Initial................................................................. 100 9. SELECT FILE ............................................................................................... 101 E&R Amendments................................................................................... 101 Other Amendments and Motions............................................................. 101 Vote to Advance ...................................................................................... 103 Enrollment and Review Final .................................................................. 103 10. FINAL READING......................................................................................... 104 Return to Select File................................................................................. 104 iv Chapter Vote to Pass.............................................................................................. 105 Forward to Governor/Secretary of State.................................................. 110 11. GUBERNATORIAL ACTION ..................................................................... 111 12. VETO OVERRIDE........................................................................................ 113 PART III. INTERIM 13. STUDY RESOLUTIONS.............................................................................. 115 14. SPECIAL SESSION ...................................................................................... 118 References.................................................................................................................. 121 Appendix A. AMENDMENT TO NEBRASKA CONSTITUTION ADOPTED NOVEMBER 6, 1934 ................................................................ 122 B. NEBRASKA CONSTITUTION ARTICLE III: LEGISLATIVE POWERS..................................................... 124 C. MODEL COMMITTEE RULES................................................................... 131 D. COMMITTEE SUBPOENA PROCEDURE................................................. 139 E. NUMBER OF BILLS INTRODUCED AND LAWS PASSED BY NEBRASKA UNICAMERAL LEGISLATURE, 1937-2000....................... 143 F. LEGISLATIVE DISTRICTS 1. STATEWIDE MAP........................................................................... 145 2. LANCASTER COUNTY .................................................................. 146 3. DOUGLAS, SARPY, AND WASHINGTON COUNTIES.............. 147 Index .......................................................................................................................... 148 v 1 CHAPTER 1 THE NEBRASKA LEGISLATURE: A BRIEF HISTORY Early Unicameralism While Nebraska enjoys the current distinction of having the only one-house legislature among the 50 states, it was not the first state to employ such a legislative system. In fact most of the American colonies were governed by one-house legislatures until a gradual shift toward bicameralism took hold. By 1763 only two colonies (Pennsylvania and Delaware) continued to use
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