A few items and thoughts are left over from the 103rd Nebraska Legislature’s second regular session, which adjourned sine die at 5:36 p.m. April 17.
Honoring legislators known not to be returning for the next regular session is a nice, institutional tradition on the last day of a Legislature. This year followed suit.
The tradition has taken on an expanded meaning since terms limits were instituted by the electorate in 2000 and first took effect in 2008. This year, 17 of the 49 legislators are facing the “mandatory retirement” imposed by the policy. They were honored during a two-part process.
First, during the course of fairly routine activity on the floor of the Unicameral—it was “debate” being extended by Senator Ernie Chambers on protecting mountain lions—each term-limited legislator was saluted by one of the legislators not yet subject to the policy. Typically, words of respect and gratitude, humor and sincerity were expressed by a member from a common region of the state or connected to the honoree by committee membership. Neat deal.
Secondly, as part of the last day’s ceremonial activities, each departing legislator delivered personal remarks. Again, there was humor and sincerity and some sadness and regret, and a great deal of gratitude. Each legislator mentioned the work of staff and the sacrifices of family. Again, neat deal.
The Unicameral Update, the Legislature’s official newsletter during the session, presented an excellent follow-up to the final day’s events, including photos of each of the 17 legislators and a pull-out quote from each of their speeches.
For instance, Holdrege Senator Tom Carlson, who served as chairman of both the Agriculture and Natural Resources committees during his eight-year tenure, said, “I respect the unicameral form of government and I really believe, in spite of some shortcomings, it’s the best form of government in the United States.”
Senator Bill Avery from Lincoln: “Soon my name will no longer be on that voting board and I assure you that doesn’t matter. This place will endure; you will do it right.”
Senator Tom Hansen from North Platte combined humor with sincerity: “In my adult life I have a motto: ‘All’s well that ends.’ It has been an honor to serve my district and this body.”
Omaha Senator Scott Lautenbaugh reflected the reality that citizen-legislators have lives of their own: “I have 14-year-old twins who are going into high school now and they need my constant attention… so it’s time to go home.”
Article III, Section 14 of the Nebraska State Constitution, having to do with bills and resolutions considered by the Legislature, includes this sentence: “No bill shall contain more than one subject, and the subject shall be clearly expressed in the title.”
Not a session of the Legislature transpires without some mention of the “one-subject rule.” The mentions—sometimes made more forcefully than at other times, depending upon the subject matter—typically occur in the waning days of a session, when time runs short and adding the provisions of a bill that’s languishing to a bill that’s on track to passing becomes a strategy.
If the subject matter gets by the Legislature’s own germaneness rule, which can be ignored or finessed or even waived with 30 votes, then just about any combination of subjects can end up in one bill. Even if a bill becomes constitutionally suspect, it’s not unconstitutional until a final judicial ruling says so. If the provisions don’t ruffle feathers or spark any problem, chances are a constitutional challenge will never materialize. Such a ruling seldom occurs.
But there are bills that seem to test the limits.
There might be better examples from the 2014 session, but LB 998 strikes us as a good one. Here’s how it is described in a final report in Unicameral Update:
“Senators passed a bill April 3 that reduces penalties for violating ignition interlock device restrictions (when an individual convicted of drunken driving, who is restricted to driving only vehicles with an ignition interlock device, uses a vehicle not so equipped). It was amended to also address human trafficking, ‘up skirting’ and funerals.”
LB 998, introduced by Senator Russ Karpisek, started out as a bill to reduce the penalty for an ignition-interlock violation from a Class IV felony to a Class I misdemeanor, but ended up not only doing that, but also carrying the subject matter of LB 1034, LB 933 and LB 441.
The former prohibits knowingly photographing, filming, recording or broadcasting images of another person’s intimate areas without the person’s consent regardless of whether this occurs in a public or private place. The latter, sought by the funeral industry, clarifies who is authorized to plan a funeral and who is responsible for paying the costs. The subject matter of LB 933 better defines contexts of human trafficking, including debt bondage, threats of deportation, controlling access to alcohol and drugs and exploitation of disabilities.
Are all those ideas, all of which appear to be sound public policy in their own respects, enough alike to constitute a single subject, as required by the State Constitution? The answer is yes; unless and until there is a challenge; and that’s unlikely.
By the way, the blended LB 998 passed on a 49-0 vote.
And finally…
LB 774, passed on a vote of 44-3, authorizes the Governor to appoint 17 members as a planning commission for the 150th anniversary of Nebraska statehood in 2017. It’s the Nebraska Sesquicentennial Commission.
