Capitol View: Early indications of heavy lifting

Based on early bill introductions, the 2021 Nebraska Legislature is setting itself up for some heavy lifting sooner than later.

Controversial measures range from Omaha Sen. Justin Wayne’s proposed constitutional amendment (LR2CA) to legalize cannabis use to southeast Nebraska Sen. Julie Slama’s proposed voter ID requirement (LR3CA). The lawmaker from Peru also offers a return to the winner take all presidential election vote (LB76).

Throw in Omaha Sen. Tony Vargas Covid-related meatpacking requirements (LB241) and Bayard Sen. Phil Erdman’s renewed shot (LR11CA) at a statewide “Consumption Tax,” and you’ve got a full plate that has to include a new two-year state budget. Expect bills dealing with policing based on the 2020 summer of discontent as well as corrections reform to address the second-most-crowded prison system in the country.

Wayne’s proposal comes as no surprise given the state Supreme Court’s rejection last year of an attempt to put authorization of medical marijuana on the ballot and the voter-approved passage of measures to allow recreational use in South Dakota and some other states. The court ruled ballot language included too many topics.

It’s fitting that Slama -- a law school student who was first appointed by the Governor and then defeated another Republican in a divisive election that saw the party fined several times by the Public Service Commission for questionable mailings and robocalls -would offer the divisive, heavily partisan issues.

Slama said the proposed constitutional amendment, which requires voters to bring their photo to the polls, would simply combat voter fraud while preserving public confidence in the legitimacy of elected government.

John Cartier, director of voting rights for Civic Nebraska, said such a measure disproportionately affects minority and low-income Nebraskans and erodes trust in the electoral system. Introduction of the measure for the ninth time in 10 years comes on the heels of mobs storming the U.S. Capitol over debunked claims of widespread voter fraud and further promotes mistrust.

Since Nebraska is a majority Republican state, the winner-take-all electoral system traditionally gives all five votes to the Republican. Since it was changed a few years ago, Democrats have earned one vote (Obama in 2008 and Biden in 2020) based on election results in the Second Congressional District.

Critics of the bill, such as ACLU of Nebraska, say it would hurt voter turnout by signaling to voters of all political parties that their votes for the nation’s highest offices matter less.

The title of Vargas’ proposal pretty much says it all. It’s to be known as the Meatpacking Employees COVID-19 Protection Act. The senator from South Omaha represents a number of packing plants, many of which were the scene of community spread, infections and deaths. Vargas’ retired father died of the virus at his home in New York State.

He attempted to introduce a similar bill toward the end of last year’s pandemic delayed session but couldn’t muster the support to override rules that would have allowed it. He noted that had the packing plants quickly adopted the safeguards suggested in that bill -- spreading workers 6 feet apart, providing face masks, screening workers for the virus before they begin their shift, and staggering shifts -- lives could have been saved. The bill provides a penalty for failure to comply.

Erdman’s consumption tax, which first reared its head decades ago as the transaction tax, died last session before receiving debate by the full Legislature. The tax would apply to all purchases of services and new goods, except for fuel, beginning no later than January 1, 2024.

The proposed constitutional amendment would prohibit the state and all political subdivisions from imposing an income tax, a property tax, an inheritance tax, an estate tax, and a tax on retail sales of goods and services except for a consumption tax and to require the Legislature to enact a consumption tax.

Erdman said consumption taxes are fair, simple and transparent. Replacing Nebraska’s current tax system with a consumption tax would reduce administrative costs, promote individual saving and investment and help encourage businesses to locate and expand in Nebraska, he said.

Opponents argue that it is not as balanced as the current multi category approach, which allows fluctuating revenue from several sources to buoy lagging collections in others.

Things have just barely begun. There’s a reason they call this the “long” session.