Nebraska lawmakers began — but did not finish — second-round debate over a scaled-back property tax relief package Thursday evening that they initially pivoted to as a fail-safe after the plan championed by Gov. Jim Pillen died on the legislative floor Tuesday.
Some lawmakers entered the Capitol on Thursday morning expecting to breeze through the Legislature’s agenda, which included three separate bills that would combine to cut various state budgets, cap annual budget increases for cities and counties and deliver and pour $750 million into a property tax relief fund.
Instead, a small group of term-limited lawmakers led by Sen. Justin Wayne of Omaha engaged in an eight-hour filibuster meant to torpedo the fail-safe tax plan in an effort to push the Legislature to come up with something more substantial.
Embraced by some and loathed by others, Wayne’s filibuster sparked lawmakers to at least reconsider their pivot to the fail-safe plan Thursday, which Sen. Lynne Walz of Fremont called “one of the most unproductive days” in her eight years in the Legislature.
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By the time lawmakers adjourned over the objections of liberal lawmakers at around 8:45 p.m., the Legislature had sent two bills onto the second round of debate over the course of nearly 12 hours. It could have taken as few as two.
“Today was anything but productive,” Sen. Machaela Cavanaugh of Omaha said.
Sen. Justin Wayne of Omaha works at his desk on July 26 at the Capitol. Wayne led a filibuster on Thursday meant to torpedo a fail-safe tax plan in an effort to push the Legislature to come up with something more substantial.
KATY COWELL, Journal Star file photo
Wayne’s opposition to the fail-safe plan was driven in part over his disagreement with Speaker John Arch, who sets the body’s agenda and has only scheduled bills for debate that are part of the property tax package put together by the Revenue and Appropriations committees.
Arch’s decision — meant to streamline the lawmaking process for the special session Pillen called last month to take up property tax reform — subverted the power other committees would normally have to offer proposals for debate and left the vast majority of legislation introduced this session off the agenda.
Wayne called on his colleagues to cancel scheduled vacations or consider taking a weekslong pause on this month’s special legislative session to negotiate a plan that would deliver more tax relief to Nebraskans than the fail-safe plan, which relies heavily on the frontloading of income tax credits that more than 50% of the state’s property owners are already claiming.
Soon, several members of Wayne’s senior class — including Sens. Steve Erdman of Bayard, Mike McDonnell of Omaha, Joni Albrecht of Thurston and Steve Halloran of Hastings — echoed support for his bid to send lawmakers back to the drawing board.
And some of them threatened to pull their support of the three property tax relief package bills — LB2, LB3 and LB34 — if the Legislature merely intended to pass the fail-safe plan and adjourn until January.
“If it’s already been decided that once we pass LB2, 3 and 34, we’re gonna (adjourn) sine die and we’re gonna be done, then I’m done,” McDonnell said. “I’m done supporting this.”
Erdman and Sen. Julie Slama of Dunbar, who is not term-limited this year but opted not to seek reelection to her Southeast Nebraska district’s seat, also pledged to pull their support from the package over its perceived shortcomings.
By 7 p.m., Wayne’s daylong bid to rally the Legislature appeared to be growing in popularity.
Though lawmakers had expected to end the special session Saturday, Sen. Rick Holdcroft of Bellevue began to poll colleagues on their appetite to work early next week, though he indicated some lawmakers had obligations later next week.
“It’s looking like people are wiling to stay longer,” he said, adding: “I think there is a limit to how long people can stay. But … it’s been learning toward, essentially: ‘We’re elected to be senators, represent the people. We’re getting paid. So if the speaker says we should be here, then we’ll be here.'”
Sen. Tom Brandt of Plymouth said that “most” lawmakers appeared to be “willing to listen to a new idea or a new approach.”
“I think (Wayne) sparked some interest in some roads we’ve already traveled,” he said. “So if we can go back and pick up some of the things we had in LB1 or LB9 to make 34 better or bigger, that’s a good thing.”
But some feared that the newfound momentum would be used to peddle the same sort of Pillen-backed proposals that a bipartisan group of lawmakers had already worked to stifle this week.
As second-round debate began late Thursday on LB34 — the primary vehicle of the fail-safe tax plan — Sen. Lou Ann Linehan filed a series of floor amendments seeking to add language to the bill that would apply the state’s 5.5% sales tax on previously untaxed goods and services, including moving and storage services, tattoos and nail care, dry cleaning, lawn care and online dating services.
Sen. Danielle Conrad of Lincoln speaks with Speaker John Arch of La Vista during the legislative special session at the Capitol on Tuesday.
KENNETH FERRIERA, Journal Star file photo
The sales tax exemptions Linehan is seeking to repeal were among the same proposals included first in Pillen’s tax plan and then in the Revenue Committee plan — the one lawmakers killed on the legislative floor Tuesday.
“Here at 8 o’clock at night, after a quiet day, after the Pillen plan had been disposed of in the regular session and again in this special session, the Pillen plan has been revived with his allies in the Legislature,” said Sen. Danielle Conrad of Lincoln, who pushed for lawmakers to keep debating LB34 until they were finished, a move that would have kept them at the Capitol until close to midnight.
“There’s no reason to come back tomorrow,” she said. “We’re here. Let’s finish it.”
Instead, Linehan offered one more filing: a motion to adjourn the Legislature for the night, giving backers of the broader tax plan time to strike deals with opponents and shore up votes before senators reconvene for Day 14 of the special session Friday morning.
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Top Journal Star photos for August 2024
Captured using a double exposure, state senators register their votes with red and green lights during a motion to end debate. Fierce opposition from a bipartisan group of lawmakers to Gov. Jim Pillen’s tax plan kept the Legislature from ever voting directly on the proposal on Tuesday.
KENNETH FERRIERA, Journal Star
Scott Middle School sixth grade teacher Eric Nelson tries to catch cheeseballs on a shower cap covered in shaving cream during an end-of-the-day pep rally at Scott Middle School on Monday. The goal was to catch as many cheeseballs with your head while they were thrown by a student partner.
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Tae’veon Coleman, 7, (left) waits to cast his line as the sun sets during a Community Lake day hosted by Big Gumdrop Outdoors at Oak Lake Park on Friday, Aug. 9, 2024, in Lincoln. Big Gumdrop Outdoors, is ,a nonprofit created by Elijah Riley, a Lincoln native and UNL student, to help kids connect with nature and play outside.
KENNETH FERRIERA Journal Star
Travis Ruel and Alanna White, 9, of Lincoln, interact with Patches, a 1-year-old Catahoula dog, through the glass of her kennel at the Pieloch Pet Adoption Center on Friday. Patches has been at the shelter since June 19. The Capital Humane Society is offering a “Full House” promotion where adoption fees for all dogs are reduced to $100 until Sunday because the shelter is nearly full.
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Framed through the grate of a fire pit, Olivia Dagget-Keagle, 9, blows out the fire on her blackened marshmallow during a Community Lake day hosted by Big Gumdrop Outdoors at Oak Lake Park on Friday, Aug. 9, 2024, in Lincoln. Big Gumdrop Outdoors, is ,a nonprofit created by Elijah Riley, a Lincoln native and UNL student, to help kids connect with nature and play outside.
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Nebraska’s Bergen Reilly hits a ball next to teammate Andi Jackson during a team practice, Monday, Aug. 5, 2024, at the Devaney Sports Center.
JUSTIN WAN Journal Star
A bicyclist rides along the Billy Wolff Trail near the Union Plaza Amphitheater on Wednesday. After 13 straight days of highs of 90 degrees or above, including 100 on Monday, a cool front brought relief to Lincoln, with a high of only 75 on Tuesday. Wednesday’s high, which reached into the upper 80s, will likely be the warmest for several days. The National Weather Service forecasts highs in the 70s to around 80 through the weekend, about 10 degrees below normal for this time of year.
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Jordan Jones, 6, and her brother Sincere, 7, (from left) react while riding the Super Drop ride at the Heart of America Carnival during the Lancaster County Super Fair at the Sandhills Global Event Center on Saturday, Aug. 3, 2024, in Lincoln.
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Todd Heiser of Lincoln makes one of five trips of the day to drop off tree debris at a collection site at Holmes Lake Park on Monday. J.J. Yost, assistant director of Parks and Recreation, said the debris drop-off site at Holmes Lake has been one of the busiest — and it’s also one of the smallest. The city has brought equipment to all the drop-off sites to consolidate tree debris. At Holmes Lake, workers also used a grinder to further process debris. Yost said the city is encouraging residents to use other sites, which include Seng Park (south of the ballfields); Woods Park (south lot off of J Street); Oak Lake Park (main lot off of Charleston Street); and Hofeling Enterprises, 2200 South Folsom Court. City parks sites will accept debris until Aug. 19.
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Nowear BMX’s Sam Bussell (top right) performs a trick on his bike during a performance at the Sandhills Global Event Center on Saturday.
KENNETH FERRIERA, Journal Star
Wilber native David Rogers, 10 (first right) holds his cousin William Mays, 3, as they dance during the 63rd annual Wilber Czech Festival held in Downtown Wilber on Saturday, Aug. 3, 2024.
KENNETH FERRIERA Journal Star
A wild horse jumps onto its back as it tries to throw off a rope held by Troy Graybill (from front) Chris Hajek, and Scott Graves as they try to saddle it during the wild horse race a during the final day of Nebraska’s Big Rodeo at the Garfield County Fairgrounds on Saturday, July 27, 2024, in Burwell.
KENNETH FERRIERA Journal Star
Nebraska Capitol groundskeepers Lexis Funk (left) and Heather Dinslage collect fallen tree branches Thursday in Lincoln.
JUSTIN WAN, Journal Star
JC Brager’s Sawyer Bokowski (left) fields a ball as Papillion-La Vista South’s Derek Geist runs to third base during the second inning of a National division Class A Legion baseball tournament game against on Saturday, July 27, 2024, at Den Hartog Field.
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Burwell’s Keelin Swett, 12, blows a bubble with her gum while waiting in the staging area behind the chutes during the final day of Nebraska’s Big Rodeo at the Garfield County Fairgrounds on Saturday, July 27, 2024, in Burwell.
KENNETH FERRIERA Journal Star
New teachers gather for the Lincoln Public Schools New Educator Kickoff on Monday at Southwest High School.
JUSTIN WAN, Journal Star
Bob Swanson uses a chainsaw to clean up large fallen branches after a storm pummeled the city Wednesday in Lincoln.
KENNETH FERRIERA, Journal Star
Quade Peterson of Litchfield is dragged underneath a wild horse while attempting to saddle it in the wild horse race competition during the final day of Nebraska’s Big Rodeo at the Garfield County Fairgrounds on Saturday, July 27, 2024, in Burwell.
KENNETH FERRIERA Journal Star
Akroyd Darkgrove, played by Shade Ingraham (left), has popcorn thrown at him by Jacob Parman, 7, of Fargo, North Dakota, during a performance of “Phantom of Darkgrove” at the Denman and Mary Mallory Kountze Memorial Theatre at Eugene T. Mahoney State Park in July. Audience interaction is a big part of what makes the melodramas at the park special, crew members said. The crowd is encouraged to respond vocally to musical cues throughout the play and throw popcorn at the villain.
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Noah Wong, 7, unzips backpacks for the assembly line to place school supplies inside it during Spreetail’s annual Back(Pack) to School Event on Friday.
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Nebraska Volleyball head coach John Cook poses for a photo in front of the chutes before the Grand Entry on the final day of Nebraska’s Big Rodeo at the Garfield County Fairgrounds on Saturday, July 27, 2024, in Burwell.
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Matt Rhule (center) leads a group of participants inside to cool off during his “She’s Got Game” girls football camp on Saturday, July 27, 2024, at Memorial Stadium.
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Nazar Durzhynskyi, 9, focuses on keeping the ball off the ground using his racket while participating in a practice drill during a tennis camp held for Ukrainian children at Woods Tennis Center on Thursday.
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Reach the writer at 402-473-7223 or awegley@journalstar.com. On Twitter @andrewwegley
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