Hearings, debate underway in legislature

We are now over a third of the way through this short session of the biennium. This week focused on hearings and debate on railroads, daylight saving time, kratom, hemp-derived THC and many other issues.

The legislature has spent its days engaged in debate and committee hearings as per usual, yet that does not mean we have avoided filibuster this session. LB31, put forward by Sen. Jacobson, would require railroads to have a minimum of two individuals on their crews. Three days of debate were held concerning LB31 and two perspectives divided the Unicameral. Proponents of the bill argued that railroads need to be regulated to ensure public safety. For example, the conductor can act as a first responder since the engineer must remain with the train. Having a second person would also speed up the decoupling of trains blocking roadways at rail crossings. Opponents of the bill expressed concern that the government has no business interfering with the collective bargaining between railroad employees and the railroad when deciding the number of personnel on trains. Opponents also raised questions regarding the constitutionality of the proposed bill, arguing it could possibly interfere with interstate commerce. After eight hours of debate this week, Jacobson motioned for cloture to cease debate, upon which the motion failed on a vote of 24 in support, 19 in opposition and six excused, not voting.

Another topic of contention was LB143.

The bill would make our state follow daylight saving time year-round if three other surrounding states adopt the measure as well. This legislation was initially proposed by Senator Briese, but after his resignation and appointment as state treasurer by the governor, Senator Conrad now champions the bill. Yet, Senator Erdman proposed an amendment to change the bill from an adoption of permanent daylight saving time to permanent standard time. Personally, I have heard many impassioned people who want an additional hour at the beginning of the day and those who want an additional hour at the end of the day. This bill is pending and may be debated again next week.

The Judiciary Committee also heard legislation this week in public hearings aiming to curtail the distribution of drugs. LB972 would classify kratom as a controlled substance. Kratom is an opioid-like substance derived from a plant from Southeast Asia and is currently legal in Nebraska. It has similar withdrawal symptoms to other opioids. Many members of the public presented stories at the hearing of how kratom has helped them treat their aliments. At the same time, Senator Lippincott and proponents of the bill presented concerns that the substance results in children who are born with withdrawal symptoms that need intensive neonatal care if taken during pregnancy, is not approved for medical use by the Food and Drug Administration and is highly addictive. As such, proponents have argued for tighter control and regulation of kratom.

LB999 would restrict the sale, possession and consumption of products derived from hemp to protect public health. THC is the psychoactive chemical in cannabis that alters one’s mental state. These hemp-derived THC products are being sold in accordance with the 2018 Federal Farm Bill which restricts THC concentration to no more than 0.3 percent on a dry weight basis, yet the Legislature’s adoption of a similar bill opened the door to other products being sold that get people intoxicated. At the hearing, Attorney General Mike Hilgers outlined accusations of deceptive marketing for these products and the risk they could potentially pose to unwitting consumers. For example, he highlighted examples from his office’s investigations of finding products with high THC concentration items as well as copycat products that resemble normal candy or food. Members of the public again shared personal stories as well as raised concerns regarding the bill’s potential impact on the state’s hemp industry. The Judiciary Committee heard from all sides in the public hearings for LB972 and LB999 but ultimately did not act this week on whether to consider advancing either bill to the floor.

I encourage you to contact me with your thoughts and opinions on bills that have been introduced.

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.