For Release Wednesday, December 29, 2021

Capitol View
Commentary by J.L. Schmidt
Statehouse Correspondent
Nebraska Press Association
Rejoice! ItÕs a Short Session Coming


      Coming right up, the short session of the Nebraska Legislature. The scheduled 60 days will be long on ideas, but probably short on controversial rhetoric, at least from senators who stand for re-election lest they offend their constituents or tip their hand to opponents. 
      It's also the end of the line for some outspoken term-limited senators who probably won't pull any punches. Bottom line, there will be drama. Always is.
      Adding to the drama is 490 carryover bills from the 107th Legislature First Session. But wait, thereÕs more. There are 33 Legislative Resolutions that carried over and 12 of those are proposed Constitutional Amendments that lawmakers would like to have approved on or before the planned April 20 adjournment in order to get them on the November ballot.
      Now thatÕs where the drama will come. LR2CA calls for voters to approve legalization of cannabis for anyone 21 and older. Look for a lot of Democratic support for this one. Of course, the Republicans will likely rally behind LR3CA which is the so-called Voter ID bill. Senator Michaela Cavanaugh of Omaha, a Democrat in the officially non-partisan Legislature, has her own voter resolution, LR10CA which would remove felony convictions (except treason) as a prohibition to voting.
      Not enough for you yet? ThereÕs always Bayard Senator Steve ErdmanÕs ill-advised LR11CA which calls for doing away with the current state tax system and replacing it with the Consumption Tax. When this measure first reared its head in Lincoln a couple decades ago it was called the Transaction Tax. It didnÕt get out of committee back then. With certain exceptions, when you buy something, you pay a tax. What could possibly go wrong with that? ItÕs just open season for exemption hunters in future sessions. Remember the ox that gets gored?

For Release Wednesday, December 29, 2021 Š Page 2

      A proposal (LR13CA) to allow voters to approve limits on the amount of property tax that political subdivisions could spend on public schools is on the table from Sen. Tom Brewer of Gordon. 
             Senator Justin Wayne of Omaha wants voters to approve (LR18CA) an extension of term limits for senators from two to three terms. Lincoln Senator Patty Pansing Brooks wants archaic language that says marriage is between a man and a woman removed from the state Constitution through LR20CA.
      The state would pick up the tab for elementary and secondary public education under Albion Sen. Tom BrieseÕs LR21CA. Governor Peter Ricketts supports LR22CA to cap the real property tax revenue of a political subdivision at 3% of the amount raised in the prior fiscal year. A political subdivision may exceed the 3% cap by a specific amount at a special election if approved by a majority of legal voters of the subdivision. 
      Lincoln Sen. Anna Wishart hopes her LR24CA would do away with the one subject per ballot initiative limits currently in place. Her last attempt to legalize medical marijuana fell victim to that provision. Omaha Sen. Brett Lindstrom wants the state to have authority to regulate sports betting with LR26CA. 
      LR27CA, from Lincoln Senator Matt Hansen, proposes amending the Nebraska State Constitution to allow the continuity of government provisions already existing to be used during a pandemic. It was modeled after a proposal approved by Washington state voters to add the term Ņcatastrophic incidentÓ to a similar provision in their state constitution.  
      All this excitement will be in addition to those carryover bills and whatever new proposals come up during the opening 10 days of the new session which convenes January 5 and runs through April 20 with time off for two holidays and 14 recess days. That gets senators back to their districts in time for the May primary election.
      Stay tuned. This could be an action-packed 60 days.
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J.L. Schmidt has been covering Nebraska government and politics since 1979. He has been a registered Independent for more than 20 years.