The list of priority bills for the Nebraska Legislature has been set, but Speaker John Arch warns that they may not all receive consideration this year due to gridlock in the Unicameral.
Sarpy and Cass counties’ legislative delegation netted 11 priority designations on bills they introduced, not counting additional bills selected by Arch, who represents La Vista and Papillion. Those bills are more likely to advance through the 90-day legislative session.
The Nebraska Legislature has faced more than three weeks of filibustering by Omaha Sen. Machaela Cavanaugh, who announced Thursday she would “take a break” after an agreement was reached to let floor debate continue as normal.
Cavanaugh has been protesting bills related to transgender youth by introducing amendment after amendment to every bill that makes it to the floor, taking up all eight debate hours allowed by the rules — even while she was suffering from strep throat.
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“If this Legislature collectively decides that legislating hate against children is our priority, then I am going to make it painful — painful for everyone,” the married mother of three said. “I will burn the session to the ground over this bill.”
Not a single bill had passed by the halfway point of the session on Wednesday, March 15, thanks to Cavanaugh’s relentless filibustering. Only a handful advanced through the first of three rounds of debate, and none had entered the second round.
Arch announced that the main target of Cavanaugh’s ire will receive a cloture vote, likely on Thursday, and the fate of the filibuster likely depends on the outcome of that vote. If the bill advances, Cavanaugh plans to resume filibustering to stall its progress.
The officially nonpartisan, single-chamber Legislature is dominated by 32 members who are registered Republicans, but it takes 33 votes to overcome a filibuster, meaning that the chamber’s 17 registered Democrats can obstruct legislation provided that they oppose cloture votes seeking to end debate.
In response to the delaying tactics, Arch has warned state senators to plan for long days grinding out much of the remaining session. Beginning March 28, senators will begin having days that stretch until 9 p.m. or later, potentially to midnight. Arch has designated 29 of the upcoming legislative days for “late night” adjournments.
Clerk of the Legislature Brandon Metzler said a delay like this has happened only a couple of times in the past decade.
“But what is really uncommon is the lack of bills that have advanced,” Metzler said. “Usually, we’re a lot further along the line than we’re seeing now.”
Arch said that lawmakers may find they ultimately pass fewer bills this year, “but the bills we do pass will be bigger bills we care about.”
Out of a total 812 bills introduced this session, 107 have priority designation, according to a list published by the Legislature. Arch said at a recent legislative coffee organized by the Sarpy County Chamber of Commerce that the priority bills don’t have any guarantee of being considered, but they have a better chance than other legislation on file.
“Those are the ones most likely to be heard,” Arch said of the priority bills.
Arch designated Legislative Bill 684, introduced by Sen. Christy Armendariz of Omaha, as his priority. LB 684 would require an outside entity to conduct an efficiency review of all state departments, agencies, boards and councils.
Sen. Carol Blood of Bellevue prioritized her own proposed constitutional amendment to require the Nebraska Legislature to reimburse or create new revenue for local governments for any increased level of service or new programs implemented after 2024.
Arch also designated Blood’s LB 11 as a speaker priority bill. The bill would clarify that domestic abuse protection orders explicitly include protection of household pets, as threats or harm to pets are often used as leverage to cocerce a victim to stay in an abusive relationship.
Sen. Robert Clements of Elmwood designated the controversial LB 575, introduced by Sen. Kathleen Kauth of Omaha, as his priority. LB 575 would prohibit transgender students from participating in K-12 athletics designated for a gender other than what they were assigned at birth. It would also prohibit transgender youth from using school bathrooms and locker rooms that correspond with their gender identity.
LB 575 and Kauth’s LB 574, which would restrict access to gender-affirming health care to minors, have been the target of filibustering by Cavanaugh, who says the bills help create the circumstances in which genocide could take place. (See story on Page C1 of this week’s Times.)
The Appropriations Committee also prioritized two bills introduced by Clements, LB 597 and LB 598, that are both shell bills the committee can choose to use to carry out its budget recommendations.
Sen. Jen Day of unincorporated Gretna designed her LB 84 as her priority. It would stop a sunset of Nebraska’s expansion of SNAP benefits to 165% of the federal poverty level, which is set to fall to 135% on Oct. 1. The federal Supplemental Nutrition Assistance Program, commonly referred to as food stamps, pays 100% of program benefit costs, leaving the state to pay for only half of the administrative costs.
Arch also designated Day’s LB 78 as a speaker priority. The bill redefines massage therapy as a health service under the Massage Therapy Practice Act.
Sen. Rick Holdcroft of Bellevue prioritized his LB 769, which seeks to appropriate $60 million to the Unified Southern Sarpy Wastewater System to help cover increase costs. He said recently that the amount has been reduced to $15 million. Costs for the sewer project have gone up due to inflation, material costs and delays.
Arch also designated Holdcroft’s LB 580 as a speaker priority. It would allow land that is continually farmed to retain its valuation as agricultural or horticultural land until it is commercially developed. The bill was motivated by Gretna’s annexation of farm land.
Sen. Rita Sanders of Bellevue designed LB 583, a bill she introduced on behalf of Gov. Jim Pillen, as her priority. It would overhaul the state school aid formula, adding a $1,500 per student foundational aid and expanding state funding for special education to 80% of a district’s anticipated expenditures. The major aim of boosting state support of schools is to reduce their reliance on property taxes.
Two other state senators prioritized bills introduced by Sanders.
Sen. Loren Lippincott of Central City prioritized LB 71, which would require public schools to disclose instructional materials to parents and allow parents to opt their child out of certain lessons.
Sen. John Lowe of Kearney prioritized LB 297, which would prohibit state and local governments from requiring any nonprofit organization from providing personal information regarding their donors except for required accountability or criminal disclosures.
A complete list of priority bills can be found on the Legislature’s website at nebraskalegislature.gov/session/priority.php.
