Unicameral Update: Never a Dull Moment

In the movie Bull Durham, Crash Davis (aka Kevin Costner) shares a number of memorable quotes including “sometimes you win, sometimes you lose, sometimes it rains.” That about sums up the past week (or life in general).  As reported in my last update, we were anticipating lively debate on legislation that would have eliminated certain sales tax exemptions and increased excise taxes on “sin” products all in order to provide additional funding for property tax relief.  We were also awaiting potential budget vetoes from Governor Pillen, debate on legislation that would regulate the sale of medical cannabis, adjustments to the minimum wage, and potential debate on an education committee package.  The week was the perfect example of why things should be worked out before bills are advanced to the floor for debate, and for Walt’s number one rule of lobbying “you must be present to win.” 

Last Monday, senators took up the tax package introduced by Senator Brandt.  It quickly became apparent that he did not have the 33 votes necessary to end a filibuster, and suddenly it was an auction.  After hours of offers and arm twisting, Brandt and others offered to amend the bill to just include increased tobacco/nicotine product taxes and a slightly smaller infusion of funds into the property tax credit fund.  It wasn’t enough and the vote to end the filibuster topped out at 30. 

On Tuesday, medical cannabis was discussed for eight hours and met the same fate as the tax package.  Despite voters passing the medical cannabis initiative with over 70% of the vote, opponents were able to hold support of the bill to just 23 ayes.  Medical cannabis regulation will now fall solely to the Medical Cannabis Commission. Proponents of the initiative and legislation fear that certain appointees to the Commission will orchestrate regulations in a manner that makes access to medical cannabis virtually impossible.  The fact that Governor Pillen’s two appointees are vocal opponents of medical cannabis, the fears may be justified.  The General Affairs Committee heard from both applicants on Thursday and advanced both to the full legislature for debate and approval sometime this week. 

Wednesday, after debating the first education package bill (LB306) in the morning, it was pulled from the agenda when senators returned from lunch.  The second component of the package (LB303) was narrowed greatly by the committee and is limited to establishing the School Finance Reform Commission.  LB303 was not filibustered and advanced with 39 ayes. 

The legislative agenda wasn’t the only thing on our minds on Wednesday as everyone was anticipating a number of line-item vetoes from Governor Pillen, and they were due by midnight.  Here’s where things really took a turn Alice in Wonderland style. 

Under Article IV- Section 15 of the Nebraska Constitution, if the Governor does not approve a bill or “reduces any item or items of appropriations, he shall return it with his objections to the Legislature…” “Any bill which shall not be returned by the Governor within five days (Sundays excepted) after it shall have been presented to him, shall become law in like manner as if he had signed it…”   In other words, if there are line-item vetoes, they must be returned to the Legislature within five days so that the Legislature can review the vetoes and decide whether they will attempt to override any of them.  The bill isn’t finished yet, so it must go back to the Legislature. 

Unfortunately for the Governor, that’s not what happened.  A veto letter was delivered to the Clerk of the Legislature late Wednesday night.  The letter described four vetoes and a rather blunt statement of disappointment with the Legislature for not passing the tax package. But the actual bills were not included.  Fast forward to Thursday morning when it was discovered that the signed budget bills were actually delivered to the Secretary of State at 4:55PM on Wednesday.  OOPS!  Approved bills go to the Secretary of State; vetoes go back to the Legislature.

Once the mistake was discovered, the Governor’s office retrieved the bills from the Secretary of State and delivered them to the Clerk’s office, but they were 9 hours too late.  The Legislature then officially rejected the submission and returned the bills to the Governor’s office.  No, I have never seen this happen before.  For those preparing to gather support for overrides, it was a great day.  Governor Pillen’s spokesperson has stated that they have asked the Attorney General to look into the matter.  I’ve never held myself out as a great attorney, but I think the Constitution is pretty clear on its face. 

That’s not all that happened on Thursday!  Yet something else I’ve never seen before.  Senators took up a motion to reconsider the final reading vote on LB258 – the controversial bill that would amend minimum wage requirements.  What made this unusual is that it was a reconsideration of a final reading vote.  Typically, those votes are not reconsidered because senators are required to be present and in their seats during final reading.  On May 14th, LB258 failed to pass on final reading and one senator took the heat.  Senator Sorrentino checked out shortly before the vote was taken.  When opponents found out he was gone, they pulled their motions and took the bill to a vote.  This has happened many times in the past and is why “you must be present to win.”  Alas, the Speaker decided to give them a second bite at the apple and the motion prevailed. However, it was decided to delay the “redo” until next January.

We have four days this week to move legislation through the process.  If it hasn’t advanced to final reading by Thursday, it isn’t going to happen this year.

Should be another exciting week!

Korby M. Gilbertson
Radcliffe Gilbertson & Brady