LB643,

            This past week, the Legislature gave second-round approval to LB 10, which would return Nebraska to a winner-take-all system for the distribution of electoral votes in presidential elections. Our current system awards a presidential electoral vote to the winner in each of the state’s three congressional districts, while giving two votes to the statewide winner. In addition to Nebraska, only Maine does not deliver all of their electoral votes to the statewide presidential winner.

            LB 10, introduced in 2015 by Senator Beau McCoy, has been filibustered at every stage of debate, requiring a cloture motion to cut off debate and allow for a vote on the advancement of the bill. Last year, at the first stage of debate, the cloture motion was successful, but it fell two votes short at the second stage of debate. After being prioritized again in 2016, the cloture motion was successful this year at the second stage of debate. Senator Ernie Chambers is very much opposed to this legislation and promised to halt the session if it was advanced. Consequently, the next couple days proceeded at a very slow pace.

It’s been a busy week in the Unicameral. The Legislature overrode the Governor’s veto of the gas tax with no votes to spare. Consequently, the gas tax will increase by six cents over a four-year period beginning in January. We discussed LB 586, which would prohibit discrimination based upon sexual orientation and gender identity, for several hours before it was pulled from the agenda at the sponsor’s request.

The Legislature gave first-round approval to LB 623, which authorizes driver’s licenses for certain children of undocumented immigrants, and to LB 643, the bill allowing medical marijuana. We gave second-round approval to the prison reform bills, which took on more significance after the incident at Tecumseh State Correctional Institution (TSCI). The budget bills were given final approval this past week by the Legislature. The Governor now has the ability to line-item veto specific appropriations from these bills, after which the Appropriations Committee will meet to decide which vetoes, if any, to recommend be overridden.

The One Hundred Fourth Legislature, First Session, has adjourned. I would describe this session as “different”. Although the Legislature is officially non-partisan, typically senators of one party are somewhat aligned. In the past, rural senators tend to stick together on issues. This year saw division within groups that historically band together. Because of this, there were many surprises. Conservative senators supported a gas tax increase and the repeal of the death penalty. Several issues supported by major farm organizations were either blocked or weakened.