Legislators contemplate rules

This past week, senators commenced floor debate on possibly amending the rules adopted by the legislature last year. Following a public hearing, the Rules Committee considered 34 rules proposals and advanced 17 of them to the floor for deliberation. Several of the proposals are purely technical in nature and aim to improve the overall process within the body, such as changes to when bills involving judges’ salaries or transfers from the Cash Reserve Fund are scheduled. Other proposals aim to try to prevent a repeat of last year where a small group of senators held up the legislature in protest of a bill they opposed, such as changes to the cloture threshold and the use of priority motions. Some proposals now sitting with the Rules Committee include restricting the press from attending committee executive sessions and requiring that any photos or video taken by the media on the legislative floor be a public record and free of copyright.

As we look ahead, I anticipate the debate on rules will result in passionate arguments from both sides. A core tenant of the unicameral system is allowing bills and amendments to be considered in the open with full and fair debate and granting members the power to speak their minds on items brought to the floor. Additionally, the rights of the majority must be weighed against the rights of the minority. This is a consideration I am weighing as Nebraska’s population increasingly urbanizes and rural senators may find a need for tools in the future to defend the interests of greater Nebraska from legislation brought forth from Lincoln and Omaha.

At the same time, additional guardrails need to be in place to prevent last year’s session-long filibuster from happening again. Opposition to one bill should not dominate a single regular session of the legislature since other bills and issues must be debated and considered on the floor. The result of last year’s filibusters was the creation of large so-called “Christmas tree” or “omnibus” bills. In a typical year, a Christmas tree bill might consist of five or six very similar and often noncontroversial bills. Last year, to advance any meaningful amount of legislation, Christmas tree bills consisting of up to 20 or 30 bills were passed. Large Christmas tree bills are not a good means of passing legislation because there is limited debate on each incorporated bill and senators frequently end up voting for bad bills in order to get their own bills passed into law. It is much more transparent for the public to have bills voted on separately and considered on the basis of their own merits.

The legislature continued to see senators introduce new legislation to the floor. In a typical short session, approximately 500 bills are introduced. As of this writing, I have introduced eight bills this year on topics ranging from vehicle titles to protection orders. I will provide more information on my bills in future newsletters.

Senators have also continued to designate their priority bills and resolutions for the year. Senator Halloran prioritized LR 31, which would make Nebraska’s application to an Article V Convention of the States permanent, while Senator blood prioritized LB 829 which would require insurance coverage for colorectal cancer screenings. Senators and committees will have until Feb. 15 to designate their priority bills.

Contact me at any time; I always appreciate hearing from you. Call my Capitol office telephone number at 402-471-2801 or send email to [email protected]. My mailing address is: Senator Barry DeKay, District #40, P.O. Box 94604, State Capitol, Lincoln, NE 68509.