For Release Wednesday, May 19, 2021

Capitol View
Commentary by J.L. Schmidt
Statehouse Correspondent
Nebraska Press Association
Lawmakers Face a Number of Obstacles in Closing Days

      If this were a horse race, Nebraska lawmakers would be heading into the final stretch looking to muster more unadulterated energy than disqualified 2021 Kentucky Derby winner Medina Spirit.
      As it turns out, this promises to be more of a steeplechase in which competitors are required to jump diverse fences and ditch obstacles.
      Sure, the 2021 Legislature completed its constitutionally required passage of a $9.7 billion two-year budget without a single gubernatorial veto. But gaining veto-proof support of several big issues will pose a problem and passing other measures with a hefty price tag will be a temptation to be resisted.
      Speaker of the Legislature Mike Hilgers of Lincoln is hopeful he can end the race early, before the 90 days allotted for the event. Lawmakers do face a guaranteed special session this fall to deal with mandatory redistricting because completed census figures essential for the task have been delayed by the federal government.
      So, what lies ahead? Would you believe another attempt to legalize medical marijuana (LB474) as championed by Lincoln Senator Anna Wishart, a Democrat in the officially nonpartisan Legislature? If history repeats, expect a filibuster or two on this issue, which is opposed by the Governor. The measure almost made the 2020 ballot as a voter-initiated petition drive until a lawsuit was filed by Lancaster County Sheriff Terry Wagner. 
      The state Supreme Court sided with the lawsuit, which was financed by an as yet undisclosed source and ruled that the ballot question contained too many subjects. If WishartÕs bill fails again, look for another petition- driven issue on the next general election ballot.
For Release Wednesday, May 19, 2021 Ð Page 2

      Senator Tom Brewer of Gordon has a controversial bill (LB236) that would give all but two Nebraska counties the authority to allow people to carry concealed weapons without a permit. It would not apply to Douglas and Lancaster Counties where Omaha and Lincoln are located. Everyone knows that the shootings in the stateÕs two-largest cities are, well, just expected. Give me a break. 
      Just envision greater Nebraska west of South 9th Street in Lincoln looking like a scene from the mythical gunfights at OgallalaÕs Front Street. Attention Senators, this is NOT the Wild West.
      But IÕm realistic enough to know that BrewerÕs a Republican just like the Governor. The Governor invited the NRA to hold its national convention here one time and, by golly, this is Nebraska and people have been carrying guns, concealed or otherwise, registered or not, for years. If it can survive the filibuster, itÕll pass.
      Expect a fight on at least two other Democrat senator sponsored bills. Omaha Sen. Mike McDonnellÕs measure (LB298) would allow migrants working in the country legally and the so-called ÒDreamersÓ to get unemployment benefits. Dreamers are those brought to this country illegally as children. Fremont Democrat Lynn WalzÕs bill (LB542) would break with history by allowing the state to issue bonds to pay for expanding NebraskaÕs expressway system Ð a major piece of which is in her district - and other highway construction. The Governor is pretty much my way or no highway on such measures.
      With the passage of the budget and its implications on providing property tax relief, lawmakers are left with a finite amount of funds for other proposals. Appropriations Committee Chair Sen. John Stinner of Gering says his colleagues have already given first-round approval to a number of bills which, if fully implemented, would cost $1.2 million more than is available. 
      He said he remains optimistic that some careful tweaking can make everything fit. He plans conversations with the Speaker and Revenue Committee Chairwoman Lou Ann Linehan of Elkhorn to that end. 
      
      For Release Wednesday, May 19, 2021 Ð Page 3

      A phase-out of taxes on Social Security income, elimination of taxes on military retirement income, reduction of taxes on corporate income and a package of sales tax exemptions loom large in that discussion.
      So, hereÕs to getting it done, the sooner the better. Looking forward to the special session and watching the fits and snits as partisan lawmakers try to act like nonpartisan grownups to draw lines on a map to equally divide the Nebraska pie into 49 legislative pieces and bigger chunks for Congress and Regents and other constitutionally mandated areas.

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J.L. Schmidt has been covering Nebraska government and politics since 1979. He has been a registered Independent for 21 years.