Ten Days Left!

It was a short week, but probably one of the most productive for issues of importance to NREA.  The Legislature is on recess today and Monday for the Easter Weekend.  When we come back on Tuesday it will be the 50th day.   So much to do with only 11 days left to work.

Consent Calendar Propels NREA Bills

In my last post several bills advanced from General File to Select File on the Consent Calendar.  NREA Bills LB 736 and LB 973 were on that list as well as LB 725, LB 783 and LB 913.  This week the Select file Consent Calendar came up and all of those bills have now advanced to Final Reading.  I expect that next week we will see the Final Reading Consent Calendar and hopefully each will pass easily.

LB 824 Begins its Transformation on the Floor

LB 824, (private wind development) came up on General File yesterday afternoon.  As I discussed in my last post, the Natural Resources Committee advanced the bill after gutting the wind language and replacing it with the language in LB 914, the Power Review Board compensation bill.

The private wind developers were disappointed that their language was stripped out by the Committee and they asked Senator Ken Haar to file an amendment to the bill to bring the compromise private development language back into the bill when the bill was to be discussed on General File.  This is a bit of an unconventional move and was seen by some to circumvent the actions of the Committee that failed to advance the language on a split vote.

NREA remains neutral on the compromise language, but this action did create a bit of a dilemma.  NREA is on record supporting LB 914 and the actions of the Committee transformed LB 824 into that bill. If Senator Haar's amendment could be attached without jeopardizing the new LB 824 we would remain neutral.  If the Haar amendment could cause the bill to be filibustered and potentially create opposition threatening the passage of the bill, we may need to take a different position.

LB 824 came up and following the bill sponsor's  introduction, three of the four senators that opposed advancement of the original language of LB 824, stood up and indicated they would strongly oppose the Haar amendment and would work to kill the entire measure if the amendment were adopted.  This set a tone for a debate that "could have been". The Committee amendment was easily adopted by the legislature and the bill was officially transformed into what was previously LB 914.  The next amendment would have been Senator Ken Haar's, but the Senator pulled the amendment and it was not debated.  LB 824 then advanced to Select File.  If I haven't seriously confused you with all the jockeying on this bill, LB 824 is now in a form that NREA supports!

The wind developers are considering re-filing their amendment when the bill is debated on Select File.

Right to Farm

The right to farm in Nebraska seems like a fundamental issue and one that should easily pass in a state that is primarily an agricultural state. Recent polling in the state showed that a majority of voters in Nebraska would support a Constitutional Amendment preserving the right to farm and ranch if it were on the ballot. These are the same voters who supported a Constitutional Amendment protecting the right to hunt and fish.

On issues as important as agriculture in the state of Nebraska the language and the timing of a proposal are critical.  It is not something you want to get wrong...not even one word.

Senator John Kuehn introduced LR378CA, a Constitutional Amendment to preserve the right to farm in Nebraska. Pressures from groups like the Humane Society of the United States to put an end to animal agriculture motivated Senator Keuhn's laudable efforts.The introduction of LR378CA started an important discussion regarding the value of agriculture and its most significant contribution to the economics to the state.

While there was opposition to the proposed language, most of the opponents stated they supported a Constitutional Amendment, but they wanted to take the time to draft language somewhat differently. Senator Kuehn facilitated productive discussion and then introduced a bracket motion to end the debate for the year so that additional conversations could take place over the interim.

NREA appreciates the efforts of Senator Kuehn to protect agriculture and to support Rural Nebraska. 

Quick Post with Good News on Friday

 This has been a long busy week for NREA.  Thank you to everyone that participated in the NREA Legislative Meeting and Reception on Tuesday.  While our attendance was down because of our need to reschedule, I do believe the impact was just as great.

NREA Bills Advance

Both bills that NREA had introduced on our behalf were placed on the Consent Calendar.  It was touch and go for one of the bills (LB 973) because of a small glitch, but for those of you that spoke with Speaker Hadley and Senator Smith we were able to remedy the situation.  We are grateful to speaker Hadley for making sure our bill made the cut.  More than 80 bills were recommended to Consent Calendar and only 55 were included. LB 736- NREA's bill to authorize all utilities in Nebraska the ability to negotiate a contract for a community-based energy development project and LB 973, NREA's bill to increase penalties for violations while moving over-sized loads. were # 25 and # 39 on the list.

Today was Consent Calendar Day and  all of the bills on the Calendar were able to advance. In addition to LB 736 and LB 973, there were a few other bills of interest to NREA  included on the Consent Calendar.

LB 725,  which will eliminate the need to file a Form 521 for utility easements.
LB 913, which will adopt the Facilitating Business Rapid Response to State Declared Disasters Act.
LB 783, authorization for utilities over $40 Million in revenues to centrally license all of their vehicles in the county where they are headquartered.

The bills all advanced from General File to Select File and should easily make it through the process to passage this year.

LB 824 is Transformed

LB 824 was advanced by the Natural Resources Committee, but it is not the same LB 824 that we have discussed in the past.  Even with all of the electric utilities in Nebraska taking a neutral position on the bill with the compromise amendment, the bill advocates could not overcome the remaining opposition to the intent of the bill in the Natural Resources Committee.

Prior to advancing the bill, the Committee proposed to amend the bill by gutting all of the original language and replacing it with the language in LB 914 (AM2611), legislation which would provide additional compensation to the Power Review Board member that represents Nebraska on the Southwest Power Pool Regional State Committee.

At first blush it may seem silly to gut one bill and completely replace it with another.  After all, why not just advance LB 914? The reason for the amendment is that LB 824 was designated as a Committee Priority Bill and is guaranteed to have an opportunity for debate.  LB 914 did not have such a priority and by replacing the language LB 914 will have an opportunity to pass this year.

AM2611 will become the bill.  NREA has a position to support LB 914 and when AM2611 is adopted we will be in support of LB 824.  It has been a crazy winding road on this bill from oppose, to neutral and eventually support. Of course all of this is assuming there are no additional negative amendments adopted.  It certainly is not over until it is over.  Stay tuned!

Hearings Conclude--The work continues!

The Legislature has completed 37 of the 60 days allowed for the 104th Legislature, 2nd Regular Session.  The total number of bills passed so far is 35, that means there are several hundred bills waiting in the cue to be heard over the next 23 Legislative days. Only bills with a designated priority status are guaranteed to be heard at this stage of the session.  The only exception will be when the speaker schedules a Consent Calendar of non-controversial bills that

Today was the final day for hearings. The only Committee hearing bills today is the Judiciary Committee.  The Judiciary Committee was assigned 110 bills and every bill is entitled to a hearing.  In order to manage the workload, they heard on average six bills a day with some hearings lasting into the night. As I write this post I am listing to the Committee hear testimony on several gun bills.  While the rest of their colleagues have left for a three-day recess weekend, the Judiciary members will have another late night. We really don't pay these people enough!

Just because hearings are completed doesn't mean that the Committee work is done.  Executive sessions will continue to be held to determine the fate of bills held by all of the Committees. While these executive sessions are not open to the public, members of the press are allowed to be present to witness the votes taken.

LB 824 remains in the Natural Resources Committee. It is expected that the bill will be discussed in exec session on Tuesday next week. NREA is maintaining a neutral position on the bill and will not work to support or oppose the bill as long as the agreed upon amendment remains unchanged.

As for the two bills introduced on behalf of NREA, LB 736 and LB 973, we are waiting for the Speaker to schedule the next Consent Calendar.  Both bills have been recommended to be included on the "fast-track" agenda of bills.

Now that the hearing process has concluded we will move to full day debate of bills. This should speed up the process, but don't depend on quick action.  It seems every bill that holds controversy has been subject to a filibuster. A filibuster can tie up a bill for six hours on General File before a vote can be taken.  A total of 33 votes is required to force the end of debate--invoke cloture.  So even though it only takes 25 votes to advance a bill, a bill sponsor may need to have 33 votes in order to advance their controversial bill.  That changes the game for a number of controversial issues.