Legislature Returning to Capitol Facing Issues Old and New

The Nebraska Legislature resumes its pandemic-interrupted 2020 session Monday with plenty of unfinished business that senators may -- or may not -- get finished.

Property taxes. Corporate tax incentives. A national emergency response center at the University of Nebraska Medical Center.

Those were among topics senators were discussing when their 2020 session was interrupted in March.

Since then, the coronavirus pandemic hit and George Floyd died, sparking protests nationwide and in Nebraska.

Now, lawmakers are returning to work, facing the previous issues, plus fallout from the new ones as well. And they have only 17 business days to decide what they’re going to do about any or all of them.

Lincoln Sen. Patty Pansing Brooks said she thinks nobody knows what to expect. But at the very least, it’ll be interesting.

“I think those that follow the Legislature are going to have to get a bag of popcorn and pull up a seat and watch the show,” Pansing Brooks said.

This show will definitely look different. Plexiglass panels have been installed to separate rows of senators’ desks, and some will sit off to the side under balconies where staff and media usually sit. They’ll have their temperature taken before can enter the chamber, and if its above 100.4, or if they have other symptoms, they’ll be asked to participate from a balcony in the rear. Pansing Brooks, who pushed unsuccessfully to let senators vote from home, said she’ll adapt.

“I had hoped that for those who were uncomfortable, and for those who come down with any kind of symptoms, that they could participate at home. Now, the solution is to have anybody with any kind of symptoms to just be in the back of the chamber, breathing our same air. So that’s what the decision is, and with that decision, I will wear my protective equipment and hope not to bring it home to my family,” she said.

Sen. Mark Kolterman of Seward said he’s concerned about the coronavirus, but also about getting things done.

“It’s serious stuff. But at the same time, the work of the state has to continue on. We have a lot of people to take care of. State business has to continue, so, we have to go in,” Kolterman said.

Kolterman is the sponsor of both the corporate tax incentives and the UNMC emergency center bill, which he says will be merged together. But some senators say those bills won’t pass if a property tax cut doesn’t, and it’s been tied up by opposition from school groups.

Sen. Lou Ann Linehan, lead sponsor of the property tax bill, says she hopes lawmakers can break the stalemate. In a recent online meeting, Linehan referred to proposals needing 33 votes to overcome a filibuster and be voted on.

“I don’t think right now, any one of the bills on their own have 33 votes. So I think in the end, I’m hopeful, that we will find a way to put ‘em together and have a package that helps all Nebraskans,” Linehan said.

While negotiators have been talking about those proposals, new issues tied to the pandemic and the protests have cropped up.

Omaha Sen. Machaela Cavanaugh wants to discontinue the state’s $27 million contract with Test Nebraska, the COVID-19 testing program initiated by Gov. Pete Ricketts.

“I am looking at opportunities to pursue how to remove the funding from that program and allocate it to our county public health departments,” Cavanaugh said.

Cavanaugh says she thinks the companies involved haven’t lived up to their contracts. The companies say they have, and Ricketts still supports the program.

Another new subject could be a push to require, or encourage, Nebraska cities to appoint civilian boards to oversee complaints filed against police. Pansing Brooks says senators might try to amend that into existing legislation.

New proposals face significant procedural hurdles. New bills can be introduced only in the first 10 days of any year's legislative session, and while amendments to existing bills can be offered, if they contain new ideas, they could require a public hearing.

One existing bill that's still eligible for consideration is a ban on employment discrimination based on sexual orientation or gender identity. There will be a renewed push to put that into state law, to reflect a recent U.S. Supreme Court decision.

Then there’s the budget. Back in March, Appropriations Committee Chair Sen. John Stinner was looking at putting $275 million of higher-than-expected tax collections into rebuilding the state’s rainy day fund. Now, Stinner says that’s off the table. And he says more changes might be needed, when officials know more – “certainly after a forecasting board takes a look at what they believe will be an ongoing COVID impact on revenue,” Stinner said.

The Economic Forecasting Advisory Board is scheduled to meet Thursday to come up with new predictions for future tax revenues.

The end of the session will also mark the last appearance in debate, at least for now, of Sen. Ernie Chambers. Chambers began serving in 1971, and is being forced out by term limits. That happened once before, but Chambers sat out four years and then came back. He’s currently 83 years old.

The three weeks of meetings in the Capitol comes at a time when COVID-19 cases have been rising in Lincoln. Speaker of the Legislature Jim Scheer said he hopes safety precautions will prevent people from getting sick, but there are no guarantees.

“My fingers are crossed that what we’ve done is good enough and that people will remain safe,” Scheer said.

As of last week, the Associated Press reported at least 73 lawmakers in 27 states have tested positive for the coronavirus since the outbreak began, and three have died.

Scheer said if lawmakers start getting sick in Nebraska, the legislative schedule could change again, but he’s not planning on it.

“I’m not going to react to assumptions. I will react to reality. And if things change substantially enough that I feel that there’s a threat to people’s health, certainly I will take actions to try to avoid that,” he said.

As of now, the session is scheduled to conclude Aug. 13.