LB 1008 takes first step toward passage

Things are moving fast in the Legislature and we’re in the home stretch. With less than 10 days left this session, we have a lot to get done.

Last week one of the Natural Resource Committee’s priority bills was heard on General File. LB 1008 is a “Christmas tree bill,” which means the committee has rolled multiple bills together into one. 

LB 1008 contains bills to raise liquidated damages on poachers for certain game violations; raise the per diem for Oil and Gas commissioners; give the Power Review Board authority to assess a fine; extend the state’s scrap tire program;  and also resolves a problem for public power.

This bill contains an amendment that will allow public power in Nebraska to withhold competitive or proprietary information related to generating costs that otherwise would give an advantage to competitors who also produce electricity. 

Typically these bills are non-controversial and give us the chance to address some smaller issues. 

There was some opposition to this bill by a small number of senators who have concerns with this portion of the committee amendment to LB 1008. Those who oppose the bill have an axe to grind with public power.

The public power language was amended into LB 1008 in response to a Nebraska Supreme Court decision, Aksamit Resource Mgmt v. Nebraska Pub. Power Dist., issued on Friday, Feb. 23.

Reversing a lower court decision, the Supreme Court stating the public power entity did not prove that the release of information would serve no public purpose. 

The court liberally construed the meaning of “public purpose” and that, absent a statute clarifying how competing policy interests should be balanced, a policy debate on fossil and renewable fuels was serving a public purpose.

There were several maneuvers used by opponents to try to stall the bill. 

During the three hours of debate on LB 1008, little time was spent discussing the merits of the bill. Instead, opponents used procedural rules challenges and motions to split up the bill into separate parts. 

If this bill should fail to pass, it will have a detrimental effect on all Nebraska ratepayers.

I enjoyed seeing yet another high school this last week. Southwest High School in Bartley brought over 25 students to come visit and explore the capitol. 

I look forward to seeing another group of fourth graders April 9. Please as always feel free to stop by my office whenever you are in Lincoln. It is always nice to see my constituents and friends.

I always enjoy hearing from the Nebraskans I represent. Please feel free to contact my office with any questions or concerns that you might have.

Read more about bills and other work of the Legislature at www.nebraskalegislature.gov. Click on the Live Video Streaming NET logo to watch sessions, hearings, and other Capitol events.

Tuesday teleconference

On Monday, LB 1008 advanced after two more hours of debate. The vote to close debate passed 35-4 and the vote to advance the bill to Select File passed on a 42-2 vote. 

Hughes said it’s possible the bill will come up again this week. Another positive vote would move it to Final Reading. 

Things need to move quickly because the session is moving into the home stretch. Tuesday marked the 50th day of the 60-day session. 

Hughes said his priority bill, LB 1009, to raise speed limits 5 mph on state highways advanced easily. However, the provision to increase speed limits on I-80 was amended out of the bill. 

The main budget bill, LB 944, remains stalled after failing to get the necessary 33 votes to stop debate. 

Hughes said several of the senators who told the speaker they would vote for cloture reneged. This drew the ire of the speaker.

Hughes said a senator’s only currency in the Legislature is their word and integrity and that’s jeopardized in a situation like this. 

There are several sticking points in the budget bill—a ban on Title X federal funds going to clinics or agencies that promote abortion; and funding for the University of Nebraska.  

He said several senators on both the right and left are trying to work out a compromise on the Title X issue. The speaker has said he won’t bring the bill back up until there are 33 votes to end debate. The bill sits on Select File. 

If the body can’t pass the budget by the end of the session, Hughes said it’s likely the governor will call a special session. 

Rules call for the senators to approve a budget by day 50. However, there’s no recourse if they don’t.

Hughes said the governor will be pushing is tax relief bill hard this week during debate. Hughes feels the bill doesn’t do enough for property tax relief for the ag sector.