A look ahead at the 2023 Legislature: Big opportunities, but potential for gridlock

Jan. 3, 2023, 6 a.m. ·

Nebraska Capitol (Photo by Fred Knapp, Nebraska Public Media News)
Nebraska Capitol (Photo by Fred Knapp, Nebraska Public Media News)

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As the Nebraska Legislature prepares to begin its 2023 session Wednesday, senators say there are some great opportunities, but also, a chance of gridlock.

Ask Sen. Tom Briese what he thinks will be the big issues this session, and he’s quick with an answer.

Sen. Tom Briese (senators' photos courtesy Nebraska Legislature)
Sen. Tom Briese (senators' photos courtesy Nebraska Legislature)

“Front and center this year will be the issue of tax relief and tax reform. We have an unprecedented revenue surplus, and that surplus really leads to unprecedented opportunities,” Briese said.

He’s right about the unprecedented surplus. Usually, senators aim to squirrel away about 16% of the annual budget in the state’s savings account, or the cash reserve.That would mean a cash reserve around $900 million. Instead, fueled by COVID-related stimulus spending, the state is anticipating a $2.3 billion cash reserve by 2025.

As a farmer and a leader of rural forces in the Legislature, Briese maintains the surplus is an opportunity to add to the $1 billion a year the state is already spending to offset local property taxes.

To Sen. Lou Ann Linehan, chair of the Revenue Committee, that surplus calls for taking planned cuts in personal, corporate, and Social Security taxes scheduled over the next three to five years, and making them immediate instead.

Sen. Lou Ann Linehan
State Sen. Lou Ann Linehan

“We're not doing anything we haven't already agreed to do. It's just doing it sooner,” Linehan said.

For Sen. Lynne Walz, chair of the Education Committee, the extra money could be used to help schools.

Sen. Lynne Walz
Sen. Lynne Walz

“For me one of the biggest issues is going to be the teacher shortage, and how we deal with that, and what kind of resources and what kind of incentives do we need to bring more people into the teaching profession, as well as retain those teachers that are currently in the teaching profession,” Walz said.

Senators will be pushing for increased spending on other needs ranging from housing to mental health as well.

But Sen. Anna Wishart, a member of the budget-writing Appropriations Committee, said talk of tax cuts and spending increases has to be balanced with budget realities.

Sen. Anna Wishart
Sen. Anna Wishart

“We do have historic funds and a really strong rainy day fund. But we do have major funding obligations that we have in front of us as well,” Wishart said.

Those obligations include the possibility of a $600 million canal to bring water from Colorado to Nebraska, and a possible new, $270 million prison, for which some, but not all the money has been set aside. Wishart has seen enough budget cycles to be wary of thinking only of tax cuts or spending increases.

“I think we've got to weigh all of those options, and I think we also have to take into account that there's a lot of alerts going on from financial institutions that the world is headed into a global recession,” she said.

As they make decisions, senators will also be influenced by the preferences of a new governor. Jim Pillen takes office Jan. 5. He campaigned on limiting spending at all levels of government, reforming property taxes and school finance, expanding prison capacity, and restricting abortion.

Sen. Julie Slama
Sen. Julie Slama

Restricting abortion is a hot-button issue and Sen. Julie Slama expects will be prominent, along with allowing people to carry concealed weapons without a permit. Both were blocked by filibusters last year, but with 16 new members in the 49-member body, that could change. Slama will also lead the charge on implementing the new photo ID requirement for voting that Nebraskans approved in November.

Before senators get to any of those issues, they’ll confront a rules fight that could color everything that happens next. Walz said that fight is among the biggest issues of the session.

“I'll tell you what rises to the top for me, is the fear of the first day,” she said.

That’s when senators are expected to grapple with whether to continue to conduct elections for committee chairs by secret ballot, or switch to open voting.

Walz, a Democratic committee chair in the Republican-dominated Legislature, fears open elections would erode the nonpartisan nature of the body and give political parties more power.

“There's a lot of political pressure on our senators to make the right political decision when it comes to who's going to be chairing a committee. And it may not be the best person for that job, but that (open elections) would turn it into the best political decision,” she said.

Briese, a Republican, said those fears are overblown.

“The real issue there is one of transparency. Do we want an open, transparent process that all Nebraskans can see, which I think we normally do,” he said.

Even if a majority supports open voting, a rules change like that can still be opposed by a filibuster. And, unlike a filibuster against a bill, there’s no procedure to cut off debate, leading to a possible standoff that could last all session.

Slama said that’s a worst-case scenario for getting things done.

“I can guarantee there are legislative goals that may or may not ride on open committee votes, but will almost certainly be stopped if we spend the full 90 days in a rules fight,” she said.

Whether senators avoid that gridlock to accomplish other priorities will be seen as the session unfolds between tomorrow and its anticipated adjournment in June.