Keigher & Associates, LLC 1320 Lincoln Mall, Suite 10, Lincoln, Nebraska 68508 KK Timothy P. Keigher [email protected] Phone: (402)-474-3810 Weekly Legislative Report for March 13, 2020 Quick Links: Unicameral Website 2019/2020 Standing Committees 2020 Legislative Calendar 2020 Hearing Schedule Legislative Daily Calendar Senators’ Web Pages Link to NET - view live committee hearings and floor debate 2020 Priority Bills HAPPENINGS IN THE NEBRASKA LEGISLATURE THIS WEEK It has been a wild week in the Nebraska Legislature this week. With no Consent Calendar this year lawmakers have been amending bills into other bills in an attempt to try and pass bills that were not prioritized and ones that may be considered noncontroversial. I say, should be considered noncontroversial because there have been a few bills that have become controversial. For example, LB912 - Change provisions relating to examination of witnesses by telephonic, videoconferencing, and similar methods, Senator Brandt’s bill, prioritized by Judiciary Committee Chairman, Steve Lathrop, attempted to amend four other bills (LB271, 1027, 868, and 869) into LB912. All but LB271 - Change provisions relating to releases, covenants not to sue, or similar agreements on joint and several liability were agreeable to by more than half the body. LB271, as stated in the bill’s Statement of Intent: “….the reasons for this bill and the purposes which are sought to be accomplished thereby: The Nebraska Supreme Court held in Tadros v. City of Omaha that when multiple defendants are jointly and severally liable, the joint and several liability is destroyed when settling with and releasing one or more co-defendants leaves only one defendant liable. LB271 reverses this decision by clarifying that a release, covenant not to sue or similar agreement entered into by a claimant and a person liable does not abrogate the joint and several liability of remaining persons liable.” When the provisions of LB271 drew tremendous opposition from Senators Le Grone and Hilgers the question (bill) was divided into two parts. One part with just the contents of LB271 and the remaining all the contents within the other bills, including LB912 itself. The provisions in LB271 were not successfully adopted to LB912. The remainder of LB912 and the provisions of the other bills amended into it were moved from General File. With the failure of the provisions of LB271 being adopted, they are most likely done for the session. Although, it is possible there could be an attempt to adopt them into another bill later in the session, although unlikely. This week also saw extended debate on LB910 - Provide for, change, eliminate, and change distribution of fees and funds of the Secretary of State. Unlike other bills that had multiple bills amended into them, LB910 was a standalone, single subject bill that saw fierce opposition by some that felt there were too many fees (67) being increased in the bill without each of them being addressed individually in their own separate bills. There was also a great deal of debate about the difficulty in increasing some fees by just $1 in the past and in LB910 there were a multitude of fees effecting business that would go up as much as 100%. LB910 saw its three hours of General File debate and then was passed over. Following the Speaker’s practice, it will now be up to the bill’s sponsor, Senator John Stinner, to show that he has 33 votes to end a filibuster before the bill sees further General File debate and subsequent cloture vote, followed by a vote to advance(25) or kill the bill. LB1008 - Provide, change, and eliminate provisions relating to appropriations & LB1009 - Provide for, change, and eliminate fund transfers, change use of funds, and eliminate a fund; both bills that make proposed adjustments to the biennium budget that approved last year saw extended debate this week on Thursday. The proposed changes would result in a 3% overall growth in the state’s spending and increase the state’s Cash Reserve Fund, aka, rainy-day fund to $731.1 million. The adjustments also leave almost $134 million available for new spending. This is a result of state revenues coming in well over projects the last several months. As reported in the Unicameral Update, March 13th, “Omaha Sen. Justin Wayne raised objections over some of the bills and provisions contained in the committee amendment, questioning the priorities outlined in the proposal. For example, Wayne said lawmakers should not provide $10 million for rural workforce housing when no direct appropriation for urban workforce housing has been approved during his time at the Legislature. “There are some fundamental issues that will not allow me to go forward with this budget,” he said. “This budget places rural over urban [interests] and increases the rural and urban divide.”” Typically, on the last Legislative workday of the week the Legislature’s goal is to adjourn around noon. This week lawmakers were anxious to adjourn midday, on Thursday, to begin a four-day weekend. With the filibuster initiated by Senator Wayne and aided by Senator Chambers lawmakers were in session for over six hours, not adjourning till 5:37 p.m. A cloture vote needed to end debate on both bills as well. If you would like to read more details about the entire debate on the adjustments to the budget, go to the Unicameral Update for additional coverage. Lawmakers will be returning to Lincoln on Tuesday; March 17 following their four-day weekend and will begin their “late nights” schedule on Wednesday. Senators will work “late nights” the remainder of the 2020 Session. There has also been some discussion with all that is happening around the world and locally with the coronavirus as to whether the Legislature will take a lengthy recess. One item that must be addressed prior to an extended recess is the passage of the adjustments to the biennium budget, which has two more rounds of debate to pass. After that, it is possible the Legislature could take an extended recess and reconvene later this summer or fall. The issue of property tax relief is still front and center on a large number of Nebraskan’s minds. On Monday, the Revenue Committee, Chaired by Senator Linehan approved a new version of property relief in LB1106, Speaker Scheer’s 2020 priority bill. The first attempt, LB974, has stalled between an urban and rural split over the bills impact on the state’s larger schools. LB1106 has yet to be reported out of the Revenue Committee so no Committee Statement is available. According to media reports, the new effort “relaxes” some of the spending and taxing controls on schools that were contained in its predecessor, LB974. As reported in the Lincoln Journal Star, Senator Linehan stated that LB1106 admits that schools may still oppose the changes, which would almost ensure another filibuster. 2020 Legislative Races Page 2 of 12 Weekly Report March 13 2020 NLICA This year is also an election year, and the slate is set for the 2020 Nebraska Legislative primary races. February 18 was the date incumbents had to declare their intent to run either for reelection or for a different office in the state. March 2 was the deadline for new candidates for office to declare their intent to run. There are six Senators who are term-limited out of the Nebraska Legislature, and so, the 2020 session will be their last. Of these six open seats four are located in Omaha, one in Lincoln and one in Madison County. • LD9, Omaha, currently held by Senator Sara Howard • LD11, Omaha, currently held by Senator Ernie Chambers • LD19, Madison County, currently held by Senator Jim Scheer • LD29, Lincoln, currently held by Senator Kate Bolz • LD31, Omaha, currently held by Senator Rick Kolowski • LD45, Bellevue. currently held by Senator Sue Crawford That leaves an additional 19 races across the state with an incumbent running. Five incumbents were lucky enough to see no formally filed opponents. Below is a listing of the 2020 Legislative candidates. You may also view all candidates for any race in the 2020 election by clicking on the Statewide Candidate List on the Nebraska Secretary of State Office website. 2020 Primary Election - Legislative Candidates 1 Julie Slama, Peru (incumbent) 25 Suzanne Geist, Lincoln (incumbent) Dennis Schaardt, Steinauer Stephany Pleasant, Lincoln Janet Palmtag, Syracuse 27 Anna Wishart, Lincoln (incumbent) 3 Carol Blood, Bellevue (incumbent) Brenda Bickford, Lincoln Rick Holdcroft, Bellevue 29 Neal Clayburn, Lincoln 5 Mike McDonnell, Omaha (incumbent) Jennifer Carter, Lincoln Gilbert Ayala Michael Connely, Lincoln Eliot Bostar, Lincoln 7 Tony Vargas, Omaha (incumbent) Jacob Campbell, Lincoln Jorge Sotolongo, Omaha Lisa Lee, Lincoln 9 Marque Snow, Omaha 31 Alexander Martin, Omaha John Cavanaugh, Omaha Tim Royers, Omaha Mark Vondrasek, Omaha Mark Gruenewald, Omaha Rich Pahls, Omaha 11 Dennis Womack, Omaha 33 Steve Halloran, Hastings (incumbent) Terrell McKinney, Omaha Teela Mickles, Omaha 35 Dan Quick, Grand Island (incumbent) Page 3 of 12 Weekly Report March 13 2020 NLICA Fred Conley, Omaha Ray Aguilar, Grand Island Cornelius Williams, Omaha John Sciara, Omaha 37 John Lowe, Kearney (incumbent) Gwen Easter, Omaha Mercadies Damratowski, Kearney 13 Justin Wayne, Omaha (incumbent) 39 Lou Ann Linehan, Elkhorn (incumbent) Allison Heimes, Elkhorn 15 Lynne Walz, Fremont (incumbent) David Rogers, Fremont 41 Tom Briese, Albion (incumbent) 17 Joni Albrecht, Thurston (incumbent) 43 Tom Brewer, Gordon (incumbent) Sheryl Lindau, Wayne Tanya Storer, Whitman 19 Mike Flood, Norfolk 45 Susan Hester, Bellevue Rita Sanders, Bellevue 21 Mike Hilgers, Lincoln (incumbent) Joseph Couch, Lincoln 47 Steve Erdman, Bayard (incumbent) Brodey Weber, Lincoln 49 Andrew La Grone, Gretna (incumbent) 23 Bruce Bostelman, Brainard (incumbent) Jen Day, Omaha Helen Raikes, Ashland Page 4 of 12 Weekly Report March 13 2020 NLICA Note: if you would like to view the entire bill, the fiscal note, committee statement, etc.