Legislature Efficient Enough to Quit Early

Details: 24 June 2011

The Nebraska Legislature this year finished its lawmaking work early, using fewer legislative days than the number allowed by the state constitution. Historically and traditionally, an early finish is far more rare than common. But even more remarkably, it has now happened twice in the last three years.

The Constitution of Nebraska provides that the duration of a regular session of the Legislature in odd-numbered years cannot be longer than 90 legislative days.

In 2009, the Legislature adjourned sine die (indefinitely) on the 87th legislative day. This year topped that. Adjournment sine die occurred quite casually May 26, the 86th legislative day, at 2:51 p.m. It was one of the least stressful days of all 86.

The early finish does not mean that state legislators took a casual approach or accomplished little. To the contrary, the early finish can be attributed to hard work, efficiency, collaboration, compromise and leadership.

Regarding that last factor, the common denominator for both 2009 and this year was the effective role of the Speaker of the Legislature, Senator Mike Flood from Norfolk. By his tally, 272 bills were passed.

This Legislature was obligated to pass a state budget for the 2011-2013 Biennium. It accomplished that in relatively uneventful fashion, at least in terms of tense floor debate. Involving three rounds of consideration by the full body of legislators, the budget package of eight bills took about an hour in total.

It certainly wasn’t that passing a $7.1 billion, two-year budget was just that easy—far from it. When the session began, the legislative and administrative branches of state government not only faced a constitutional mandate to balance the budget, but a projected shortfall of nearly $986 million as well. "Heavy lifting" by the Appropriations Committee, decisions made regarding cuts in expenditures—some of them pre-identified in the interim between sessions—and cash fund transfers, as well as some timely, upwardly revised revenue forecasts, the Legislature not only balanced the budget, but provided an ending balance that is $3.2 million above the three percent minimum reserve.

As for more discretionary undertakings, a strong sense of need to reform the process through which labor disputes between government entities and public-sector employees are addressed resulted in passage of LB 397 on a 48-0 vote. Significant changes were made to Nebraska’s unique arbiter, the Commission on Industrial Relations. The valid, traditional concepts of labor organizing and collective bargaining were preserved.

The road to this result was far from smooth. Compromise by a myriad of interests was ultimately accomplished, but not without a lot of time and difficult negotiations. Senator Steve Lathrop led the process, but several of his colleagues were actively involved.

Thanks to resolute efforts by Senators Beau McCoy, Tony Fulton and Lydia Brasch, and an overwhelming level of support from their colleagues, this Legislature passed, and the Governor approved, three significant pro life bills. (Visit www.nebcathcon.org for analysis by Greg Schleppenbach in his Life Insight columns.)

Senator McCoy’s LB 22 was perhaps the most significant, because it moves Nebraska sooner rather than later on its discretion to opt out of covering elective abortions under health plans offered through any health insurance exchanges required by federal health-care-reform legislation.

On the other hand, it continued to be disappointing and troubling that far too few senators with pro life credentials expressed a willingness to challenge and overcome the Governor’s staunch, implausible opposition to restoring governmental coverage of prenatal care services for unborn children whose impoverished mothers happen to be unauthorized immigrants. LB 599, which would accomplish this pro-life result, did not have enough support to generate action or attention, beyond a public hearing.

As a result of a decision by its Judiciary Committee, the full Legislature did not get involved with legislation related to federal immigration policies. Generally speaking, Nebraska fits under this headline, which appeared over a national, Associated Press story: "States’ 2011 immigration legislation mostly fizzles."

This was a good outcome insofar as LB 48, LB 569 and LR 28 are concerned. LB 48, the ill-advised, Arizona-like immigration enforcement proposal had a hearing that exposed its numerous flaws and bad policy ideas. LB 569 and LR 28 had to do with federally-based programs: E-Verify and Secure Communities (designated local enforcement) respectively. Both have dubious aspects and warrant further scrutiny.

The bad outcome of the Judiciary Committee’s "no action this year" decision was that LR 39 was held as well, and not advanced and passed. It was something the Legislature could have done without risk. It should have been a slam dunk. It called upon members of Nebraska’s congressional delegation to push for what’s absolutely compelling and most needed; namely, federal immigration policy reform.