Train of bills temporarily sidetracked, Perkins diversion heard

A train of bills moving through the Nebraska Legislature was temporarily sidetracked Tuesday over concerns about one of the cars some senators wanted to add. And the Appropriations Committee heard a proposal to divert money away from the Perkins County Canal project.

On paper, Tuesday looked to be an uneventful day on the floor of the Legislature. On the agenda were 10 relatively noncontroversial bills on “Select File.” That’s the second round of debate, when senators often advance previously-approved measures with no discussion and simply by a voice vote.

One of those bills was a proposal by Sen. Bob Hallstrom to regulate kratom – a southeast Asian medicinal herb touted as a mood enhancer and energizer, but whose synthetic derivatives can act as deadly opioids.

The bill had widespread support, including from Sen. John Cavanaugh. But Cavanaugh objected to another bill that was offered as an amendment – a proposal by Sen. Carolyn Bosn to enhance criminal penalties for people who sell drugs if those drugs lead to serious bodily injury or death.

That bill had support from law enforcement officials, but was opposed by criminal defense attorneys. And Cavanaugh said it should not be coupled onto the kratom express making its way down the legislative track. He said adding it as an amendment was an example of bad legislative practice.

“We’ve developed some bad habits, honestly, in the last three years in this Legislature… We didn't hold ourselves to a standard in terms of how many bills we were sticking into other bills… and we've had people bring bills to repeal sections of bills that they voted for because they didn't know what was in there," he said. "And that's really problematic for your constituents. It's problematic for statutory construction, and it's just bad policy making that we put so many things together that people don't know what they're voting for."

Cavanaugh moved to delay consideration of the kratom bill to prevent the criminal enhancement amendment being adopted. And even after senators voted 27-5 to cut off debate on his motion, he refused to give up.

“Folks, I think, think, ‘Well, let's just call the question really quickly, and then we'll get what we want. We'll get our desired outcome, and then we'll be able to continue to do that.’ Here's the problem, folks: We should hold ourselves to the standard, and those of us that believe this Legislature should do its job right are going to hold you to that standard every day," he said. "So if you think that you can call the question repeatedly and move on and get what you want, you're wrong."

Sen. Ben Hansen pushed back against any implication that supporters of enhanced criminal penalties for drug dealers were somehow trying to shortcut the process.

“I hear what Sen. John Cavanaugh is saying, and the idea that he has a concern about our ability to move things forward and get to an amendment that he does not like. But the whole idea that somehow we are abusing the rules to get to something that we want to get to is preposterous,” he said.

Nevertheless, Cavanaugh and his supporters continued to delay the kratom regulation bill, until Bosn agreed to withdraw her proposed amendment enhancing criminal penalties. Hallstrom, the sponsor of the kratom bill, had a mixed reaction.

“I respect the discussion that we've had today. I don't appreciate the result. Senator Bosn had a good bill, and I fully believe that Senator Bosn’s bill will rise again like the phoenix, so we'll have another opportunity to discuss that issue,” he said.

Senators then advanced the kratom bill, and the others, on voice votes.

Also Tuesday, the Appropriations Committee heard proposals by Sen. Jane Raybould to divert money from the Perkins County Canal project. About $630 million has been set aside for that project, which would bring water from the South Platte River in Colorado to Nebraska.

Nebraska has offered to buy land and easements for the project from Colorado landowners. Raybould provided the committee with a letter from an attorney for those landowners, which claimed the project would dry out 30,000 to 60,000 acres in Colorado and cause $135 million to $270 million in damages.

Raybould said she supports the project. But she said Nebraska could take $250 million or $500 million from it to address its budget shortfall and other water projects now, while still building a reservoir to store water and eventually be fed by the canal.

Sen. Paul Strommen quoted an analysis criticizing Raybould’s proposals from the Department of Natural Resources.

“The transfer of funds will effectively end the Perkins County Canal Project, as permitting agencies and other compacting states will view the project as speculative, having a low probability of being completed, and will not expend time or resources on review,” he said.

Raybould disagreed.

“We are just at the very infantile steps of starting this project. And the question that I pose to all of you is, ‘Is there a better use of this money at this present moment in time?’” she said.

A look at past coverage of the proposed Perkins County Canal project:

Colorado official threatens legal action over Perkins County Canal

Nebraska seeks Colorado canal land, school choice fight resumes

Nebraska moving ahead with Perkins County Canal plans despite Colorado’s concerns

Colorado wary of Nebraska’s plans for Perkins County Canal

Pillen: 'I'll abandon Perkins Canal if legal costs get too high'

Nebraska begins buying Colorado land for Perkins County Canal

No one spoke in favor of Raybould’s bills. Kent Miller, general manager of the Twin Platte Natural Resources District, was among a series of opponents.

“This would tell the state of Colorado ‘You can use all the water in the South Platte River for your growing population of the Front Range, and forever dry out the South Platte River entering Nebraska,” he said.

The proposals are among many the committee will consider as it works to present a budget bill to the full Legislature next month.

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