NCSA http://legislative.ncsa.org Thu, 19 Jan 2012 21:19:47 +0000 en hourly 1 http://wordpress.org/?v=3.0.4 Tips on Testifying http://legislative.ncsa.org/2012/01/tips-on-testifying/ http://legislative.ncsa.org/2012/01/tips-on-testifying/#comments Thu, 05 Jan 2012 08:25:28 +0000 Dr. Michael Dulaney http://legislative.ncsa.org/?p=2575 Most observers agree that, as a witness, you will be more effective in getting your message across if you have prepared your testimony in writing.]]>  

  • Be aware that sometimes the sponsor of a bill will offer amendments when he or she presents the bill to the committee.  These proposed amendments may change the way you feel about the bill and, thus, affect your testimony.
  • Be prepared to limit your testimony and try not to repeat testimony offered by previous witnesses.  Remember that while senators want to hear what you have to say, there are numerous witnesses who also want to be heard.
  • Be prepared to answer questions asked by committee members.
  • Most observers agree that, as a witness, you will be more effective in getting your message across if you have prepared your testimony in writing.  If you do this, it is helpful to bring enough copies to distribute to all committee members, the two committee staff members, media and the transcribers' office.  Fifteen copies is usually enough to accomplish this.  If written testimony is lengthy, it can be distributed and summarized orally to conserve the committee's time.
  • Addressing committee members or witnesses from the audience, public demonstrations and applause are prohibited.
  • You should not be offended if senators come and go during a hearing.  They have other commitments, including the presentation of bills in other committees that are meeting simultaneously.

 

 

 

 

]]> http://legislative.ncsa.org/2012/01/tips-on-testifying/feed/ 0 Unicameral History http://legislative.ncsa.org/2012/01/unicameral-history/ http://legislative.ncsa.org/2012/01/unicameral-history/#comments Thu, 05 Jan 2012 08:23:49 +0000 Dr. Michael Dulaney http://legislative.ncsa.org/?p=2573 While Nebraska enjoys the current distinction of having the only one-house legislature among the 50 states, it was not the first state to employ such a legislative system.]]> +++A History of the Nebraska Legislature

By Michael S. Dulaney, J.D., Ph.D.
Executive Director
Nebraska Council of School Administrators
Download this document

 

Early Unicameralism

+++++While Nebraska enjoys the current distinction of having the only one-house legislature among the 50 states, it was not the first state to employ such a legislative system.  In fact most of the American colonies were governed by one-house legislatures until a gradual shift toward bicameralism took hold.  By 1763 only two colonies (Pennsylvania and Delaware) continued to use the one-house legislative system.  After the colonies became independent, all but three states (Pennsylvania, Georgia, and Vermont) adopted a two-house system similar to that of the newly created U.S. Congress.1
+++++However, the first three "unicameral" states may not have technically embodied the concept of a one-house legislature as we think of it today.  Senning2 notes that, while each of the three states utilized a one-house chamber, each state also had an additional body to carryout functions similar to those delegated to a legislative body.  The Georgia unicameral, for instance, elected a council from its own membership to serve as a "board of censors" over the legislature.  The Georgia unicameral was also short-lived and was replaced with a bicameral in 1789.
+++++The Pennsylvania unicameral, similar to Georgia, also had a separately chosen board of censors to "preserve the constitution against infraction.".  While this may sound judicial in nature, the Pennsylvania board of censors was also empowered with what might be considered legislative authority to recommend the repeal and passage of laws, order impeachments, and call a constitutional convention.  Pennsylvania moved to a bicameral in 1790.3
+++++The Vermont unicameral was based upon that of Pennsylvania but also employed a thirteen-member council of censors elected separately from the legislature.  In fact, it was the council of censors that proposed, perhaps self-servingly, to move the state from a one-house legislature to a full-scale bicameral system.  The council succeeded after several attempts and, in 1836, delegates at a constitutional convention voted to adopt a two-house system.4  Vermont was the last state to utilize a unicameral legislature, or something similar to unicameralism, until the Nebraska "experiment" was initiated one hundred years later.5

Bicameralism in Nebraska

+++++Nebraska adhered to the tradition of a two-house legislature throughout its history as a U.S. territory and nearly three-quarters of a century after it became a state.  Sittig6 writes that the early Nebraska legislative branch was based mostly on the Iowa legislative system since the Nebraska territorial leaders relied heavily on Iowa's constitution in order to draft their own.  The first Nebraska territorial assembly convened on January 16, 1855, and was comprised of a 26-member House of Representatives and a 13-member Council.  The House members were elected to one-year terms of office while the Council members were elected to two-year terms.  The assembly met annually in Omaha, the original capitol city, with sessions lasting between 29 and 43 days.7
+++++Nebraska was officially admitted to statehood on March 1, 1867.  The first state constitution, which was ratified by voters in 1866, called for a continuation of the bicameral system with an upper chamber, now called the Senate, comprised of 13 members, and a lower chamber, the House of Representatives, comprised of 39 members.  The first state legislature met biennially in odd-numbered years; however, the first session after statehood was actually a special session called by then Governor David Butler on May 16, 1867, to establish necessary laws for the operation of the state.8
+++++The Nebraska Constitution was revised in 1875 with a provision to limit membership to no more than 100 in the House and no more than 33 in the Senate.  By 1881 the Legislature had already reached the maximum membership in both chambers.  However, in a special election on September 21, 1920, the voters narrowly approved a constitutional amendment to increase the maximum number of state senators from 33 to 50.  The Legislature never exercised its authority to expand the membership of the Senate during the remaining years of the bicameral system and by 1936, the last year of bicameralism, the total number of legislators remained at 133.9

The Nebraska Experiment

+++++The move to unicameralism in Nebraska was far from a sudden or spontaneous decision.10  As early as 1913, the Progressive Movement in Nebraska had begun to lobby for government reform with one of the principle goals of implementing a one-house legislative system.11  In 1917, a resolution was successfully passed in the Nebraska Legislature to call a constitutional convention in order to consider revisions to the state's charter document, including the potential for a one-house legislature.12  The voters approved the resolution at the 1918 general election by a vote of 121,830 to 44,491 with the wide margin perhaps indicating a popular belief that changes were indeed necessary.13
+++++Among the delegates elected to the Constitutional Convention of 1919 was John Norton, a member of the State House of Representatives from 1911 to 1919.  In fact it was Norton who introduced the original legislative resolution to call for the convention in the first place.  Norton accepted a leadership role during the convention in promoting unicameralism to the delegates.  Norton proposed a one-house legislature consisting of not less than 100 and not more than 133 members (perhaps not by accident the relative total number of members in the existing Legislature).  During the convention, the proposal was advanced by committee for consideration and was subsequently modified by the assembly to stand as a separate and distinct amendment to the Constitution.  However, the final proposal was defeated in the assembly by virtue of a tie vote (43 to 43) with just one vote lacking to place the measure before the voters.14
+++++Three additional attempts to achieve a one-house legislature proved unsuccessful, including a 1923 initiative petition campaign that ultimately failed to garner sufficient signatures to place the measure on the ballot.15  Nevertheless, by the early 1930s, the concept was beginning to attract more attention both nationally and within the state.  This was due in large part to the notoriety of its most outspoken advocate, U.S. Senator George W. Norris of Nebraska.16
+++++Norris served as one of the catalysts for the unicameral movement and criticized the bicameral system at every opportunity.  In particular, Norris claimed the conference committee system used by bicameral legislatures was tantamount to a third chamber and held all the real power in the process since disagreements between the two main chambers were resolved, usually in secret, by these committees.  Norris believed other "evils" of bicameralism in state government included the election of legislators on a partisan basis and the facilitation of corrupt lobbyists who manipulate the two-house system.17  Norris also argued that the legislature was supposed to be "close to the people" and if the legislative body were small in size it would be more responsive to the needs of people.18
+++++Perhaps another important catalyst for the advent of unicameralism in Nebraska was the performance of the Legislature in 1933, which "left a generally bad impression" in light of its handling of such issues as the repeal of Prohibition, tax reform, and appropriations.19  This poor performance was likely due to a high turnover in membership as a result of the 1932 election, which brought in a high number of inexperienced legislators.20
+++++Finally, in 1933 another initiative petition movement was launched to place the issue of a nonpartisan one-house legislature before the voters in the form of a constitutional amendment.  The signature gathering process, which became the downfall of the 1923 effort, proved very successful on this attempt with a final signature tally of one and a half times the needed number.21  Senator Norris became the "moving spirit" on behalf of the petition effort and gave all his efforts to the cause in the spring and summer of 1934.22 The result was a resounding victory in favor of the amendment at the general election on November 6, 1934 with 286,086 voting in favor and 193,152 voting against (60% to 40%).23  Later analysis of the vote revealed across-the-board support for the amendment, which passed in over 90% of the state's precincts and counties.24
+++++The exact reasons for the passage of the amendment have been debated for decades since the 1934 election.  Most recently, Berens25 attempted to sum up the four most likely factors.  The first might have related to the economic situation faced by the state and nation as a whole.  The Great Depression, which had already begun, was wreaking havoc on the farm economy and therefore increased the desire to see reductions in the overall cost of government.  The one-house legislature, it was believed, would reduce the total number of legislators and thereby reduce appropriations for legislative salaries.
+++++A second reason, as mentioned earlier, was the advocacy of U.S. Senator George W. Norris.26  In fact, Norris conditioned his involvement with the 1933 petition movement on the inclusion of the nonpartisan feature.27 Once this aspect of the amendment was settled between Norris and petition organizers, he agreed to head the petition movement and traveled across the state to speak on its behalf.  Norris' acclaim and respect among most Nebraska voters undoubtedly added credibility to the issue of unicameralism.
+++++A third reason might have been the sheer luck of timing for the petition organizers due to the nature of the other two amendments proposed on the 1934 General Election ballot.  In addition to the "unicameral" amendment were amendments to repeal Prohibition and authorize pari-mutuel betting.  All three amendments were adopted with wide margins of support.  Therefore, some have asserted that the concept of a one-house legislature was "swept into law along with the fervor to get rid of Prohibition and make betting legal."28
+++++The fourth reason, according to Berens, was "perhaps the straw that broke the bicameral back":.  the poor performance of the 1933 Legislature.  Compounded by bad economic times, it appears that voters expected their state legislature to adapt to the circumstances of the day and meet the needs of the citizenry.  As a result, those legislators who opposed unicameralism may have actually contributed, unintentionally, to its rise and implementation.29
+++++Whatever the reasons may have been for its passage, the Nebraska "experiment," as it came to be called, was set to convene its first session in January 1937.30 The new Unicameral Legislature would be comprised of at least 30 members, serving two-year terms, with constitutional authority to expand to as many as 50 members as the need may arise.  A nonpartisan legislature meant that candidates would not be permitted to list their party affiliation on the ballot and the two candidates receiving the most votes in the primary election would in turn face each other in the general election.31  The framers of the amendment incorporated various features to ensure proper deliberation and to prevent hasty enactment of legislation.  For instance, no legislative bill would be allowed to progress from floor deliberation to final enactment before at least five session days elapsed.32
+++++The first step toward implementation of the Nebraska Unicameral Legislature was to provide a structure and organization for the new system within the framework of the newly revised Constitution.  This process began when the bicameral legislature met in 1935 for its last regular session.  It was decided at this time that the body would consist of 43 members.  The following year, 1936, marked the first election process to select the charter members of the Nebraska Unicameral Legislature.  Interestingly, nearly 75% of the members who had previously served in the bicameral legislature also ran for election in the one-house legislature.  Thirty-two of the original unicameral members had served previously in the state's bicameral legislature.33  Of further interest was the unexpected balance between the parties when it was discovered that 21 senators, who were known Republicans, and 22 senators, who were known Democrats, were elected to serve in the first session of the Unicameral.34
+++++On January 5, 1937, Senator George W. Norris missed the opening of the U.S. Congress in order to give the first members of the Unicameral an "inspirational address on the opportunity they had to expand the horizons of representative government through the innovative device of unicameralism."35  A total of 581 bills were introduced during the first session with 214 bills receiving final approval and passage.36  However, it was not a bill but a simple resolution that proved to be one of the most historic in retrospect and one which addressed an issue left silent and remains silent in the State Constitution.  On the fifth day of the first session (January 11, 1937), three members jointly offered a resolution for the purpose of giving a name to the new Legislature.  The resolution simply stated, "That the name SENATE be and is hereby designated as the legal title of this legislative body."37  The then unnamed legislature adopted the resolution on the following day and, from that day forward, lawmakers took the title "state senator."
+++++On February 16, 1984, the Nebraska Legislature officially recognized both Norris' contributions and the 50th anniversary of the unicameral by naming the legislative chamber, "The George W. Norris Legislative Chamber."38

The Nebraska Legislature Today

+++++Since the first session in 1937, the Legislature gradually grew, due to population increases and re-districting, to the current 49 senators with each member serving approximately 32,200 citizens.  There are three qualifications necessary to hold the office of state senator.  The individual must:.  (1) be a registered voter; (2) have attained the age of 21 years; and (3) have lived within the district in which he or she is running for at least one year prior to being elected.39
+++++The original Unicameral provided for two-year terms, however, this provision of the Constitution was amended in 1962 to provide for staggered four-year terms.40  This means that about one-half of the Legislature is "up" for election every two years.  The most recent constitutional development involves the limitation on the number of terms a legislator may serve.  In 2000 the Nebraska voters approved an amendment to limit lawmakers to two consecutive terms.41  The term limits provision will be operative beginning in 2006.
+++++Since the instigation of the one-house system, the composition of the Legislature has been biased toward professional, business, or farm interests.  Of the 49 members in 2002, nine listed their primary occupation as attorney, thirteen as farmer and/or rancher, and thirteen listed their occupation as a business-related involvement.  The remainder of the 2002 roster included retirees, educators, and full-time senators.  Many more men than women choose to run and are elected to the Legislature, although women have made gradual strides in recent years.  In the 1981 legislative session, there were only six female members.  In 2002 the number of female members increased to ten.42
+++++Until 1970 the Nebraska Legislature met once every other year unless a special session was called in extraordinary situations.  However, the Nebraska Constitution was amended in 1970 to provide for annual sessions with alternating lengths (90-day sessions in odd-numbered years and 60-day sessions in even-numbered years).  Sessions convene on the first Wednesday following the first Monday in January of each year.43
+++++The number of bills introduced each session varies on the length of the session.  From 1991 to 2000, for example, an average of 873 bills were introduced in 90-day "long sessions" and an average of 499 bills were introduced in 60-day "short sessions.".  The average number of bills passed into law during the same period was 309 in long sessions and 164 in short sessions.
+++++The legislative process employed by the Nebraska Legislature is similar to other states in some respects (use of public hearings, rules of order, stages of debate, etc.).  However, the key difference between the Nebraska Legislature and other state legislatures is the method of checks and balances.  Since there is not a second house within the legislative process, the Nebraska Legislature emphasizes the role of standing committees.  Unlike most states, every legislative bill introduced each session, with the exception of certain technical "revisor" bills, is given a public hearing.44  It is then the function of the standing committees to sift through the bills to determine which will move forward in the process and which will not.

 
-
 
1 Alvin W. Johnson, The Unicameral Legislature (Minneapolis: The University of Minnesota Press, 1938), 19.
2 John P. Senning, The One-House Legislature (New York: McGraw-Hill Book Co., 1937), 75-76.
3 Id.
4 Id.
5 Johnson, The Unicameral Legislature, 19.
6 Robert Sittig, The Nebraska Unicameral After Fifty Years (Lincoln, 1996), 2.
7 Nebraska Blue Book 2000-01, comp. Clerk of the Legislature (Lincoln, 2001), 286.
8 Id., 287.
9 Id., 288.
10 Adam C. Breckenridge, "The Origin and Development of the Nonpartisan Unicameral Legislature," in Nonpartisanship in the Legislative Process: Essays on the Nebraska Legislature, ed. John C. Comer and James B. Johnson (Washington, D.C.: University Press of America, 1978), 12.
11 Nebraska Blue Book, 289.
12 The measure passed the House by a vote of 88-12 and the Senate by a vote of 29-0. Breckenridge, "The Origin and Development of the Nonpartisan Unicameral Legislature," 14.
13 Id. Other major issues of the day included women's suffrage, property tax issues, water rights, and salaries of elected state officials, among others.
14 Nebraska Blue Book, 289.
15 Sittig, The Nebraska Unicameral After Fifty Years, 5.  The other two attempts included a legislative measure, which was indefinitely postponed, and a 1933 measure that failed to pass in the Senate by a narrow 14-15 vote.  Nebraska Blue Book, 289, 368.
16 Adam Carlyle Breckenridge, One House for Two: Nebraska's Unicameral Legislature (Washington, D.C.: Public Affairs Press, 1957), 5.
17 George W. Norris, "Advantages of the Unicameral System," in Unicameral Legislatures ed. Harrison Boyd Summers, The Reference Shelf, Vol. 11, no. 1 (New York: The H.W. Wilson Co., 1937), 192-197.
18 Breckenridge, "The Origin and Development of the Nonpartisan Unicameral Legislature," 15.
19 Id., 17.
20 Id.
21 Sittig, The Nebraska Unicameral After Fifty Years, 7.
22 Johnson, The Unicameral Legislature, 132.
23 Nebraska Blue Book, 260.
24 Sittig, The Nebraska Unicameral After Fifty Years, 7.
25 Charlyne Berens, "Power to the People: Nebraska's Unicameral Legislature and the Populist/Progressive Ideal A Social Choice Approach" (Ph.D. diss., University of Nebraska, 2000), 3-5.
26 Id.
27 Sittig, The Nebraska Unicameral After Fifty Years, 6.
28 Berens, "Power to the People," 4.
29 Id.
30 Johnson, The Unicameral Legislature, 138.
31 Sittig, The Nebraska Unicameral After Fifty Years, 8.
32 Id., 8-9.
33 Breckenridge, "The Origin and Development of the Nonpartisan Unicameral Legislature," 19.
34 Id.
35 Sittig, The Nebraska Unicameral After Fifty Years, 9.
36 Nebraska Blue Book, 2000-01, 407.
37 Legislative Journal, Jan. 11, 1937, 70-71.
38 Legislative Resolution 257, Legislative Journal, 25th day, Feb. 16, 1984, 987.
39 NEB. CONST. art. III, § 8.
40 Jack Rodgers, Robert Sittig, and Susan Welch, "The Legislature," in Nebraska Government & Politics, ed. Robert D. Miewald (Lincoln, Nebr.: University of Nebraska Press, 1984), 65.
41 Nebraska Blue Book, 2000-01, 273.
42 Id., 395-403.
43 Id.
44 Rodgers, Sittig, and Welch, "The Legislature," 65.

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

 

]]> http://legislative.ncsa.org/2012/01/unicameral-history/feed/ 0 Hearing Process http://legislative.ncsa.org/2012/01/hearing-process/ http://legislative.ncsa.org/2012/01/hearing-process/#comments Thu, 05 Jan 2012 08:20:46 +0000 Dr. Michael Dulaney http://legislative.ncsa.org/?p=2571 The committee chairperson determines the order in which bills will be heard, the rules for testifying and whether there will be a time limit on your testimony.
]]> A committee may consider several bills during an afternoon.  The committee chairperson determines the order in which bills will be heard, the rules for testifying and whether there will be a time limit on your testimony.  The length of time spent on each bill varies and depends largely on the number of people testifying, the length of their testimony and the number of questions asked by committee members.

Usually, unless otherwise indicated, hearings begin at 1:30 p.m.  Each bill is presented by the senator who sponsors it.  After the sponsoring senator finishes his or her introduction, the committee chair typically will ask proponents of the bill to come forward individually and state their reasons for supporting the measure.  Then, the chair will ask the bill's opponents to come forward and state their opinions.  Often, committee chairpersons will allow individuals to testify in a neutral capacity.

If you want to testify before the committee, you will need to fill out the sign-in sheet at the witness table, orally identify yourself and spell your last name for the record, and state who, if anyone, you represent as you begin your testimony.  It is important to remember that committee proceedings are transcribed verbatim.

Letters or written communications containing support, opposition or neutral testimony also are accepted by committees during a bill's public hearing.  Persons wishing to send written information should address their correspondence to the office of the senator who chairs the committee and ensure that the information arrives before the hearing.

 

 

 

 

]]> http://legislative.ncsa.org/2012/01/hearing-process/feed/ 0 Legislative Process http://legislative.ncsa.org/2012/01/legislative-process/ http://legislative.ncsa.org/2012/01/legislative-process/#comments Thu, 05 Jan 2012 08:15:15 +0000 Dr. Michael Dulaney http://legislative.ncsa.org/?p=2566 A senator brings his or her idea for a new law to a bill drafter, who works with the senator to transform the idea into the proper legal form for a bill.]]> +++

For further reading on the Nebraska legislative process:
+++

+++

  1. Bill Introduction: A senator brings his or her idea for a new law to a bill drafter, who works with the senator to transform the idea into the proper legal form for a bill. Unlike some states, bills introduced in Nebraska may contain only one subject. Bills must be introduced during the first 10 days of the legislative session which begins each January. In order to introduce a bill, a senator files it with the Clerk of the Legislature. The clerk reads the title of the bill into the record, assigns it a number and prints copies of it for public and legislative use. The Legislative Fiscal Office prepares budget statements estimating the anticipated change in state or political subdivision expenses or revenue under the provisions of each bill. This statement is called a fiscalxnote. In addition, the fiscal office prepares appropriations bills ("A" bills), which accompany bills that have a fiscal impact.

  2. Bill Referral: The nine member Reference Committee assigns each bill to the appropriate standing committee.

  3. Public Hearing: Unlike some states, the standing committees of the Nebraska Legislature conduct a public hearing for every bill introduced.

  4. Committee Action/Inaction: A standing committee may act to (i) advance a bill to GeneralxFile (with or without committee amendments), (ii) indefinitely postpone (kill) the bill, or (iii) take no action and hold the bill in committee.

  5. GeneralxFile (Round One): Committee amendments and other amendments, if any, are considered prior to a vote to advance to Enrollment and Review Initial. A bill on GeneralxFile has three chances, or attempts, to advance before it is indefinitely postponed.

  6. Enrollment and Review Initial (E&R): Bills advanced from GeneralxFile move to E&R Initial, a stage of the legislative process in which all amendments adopted are engrossed into the bill. The bill is reviewed for technical flaws. If any such flaws exist, E&R amendments are filed to be adopted on SelectxFile.

  7. SelectxFile (Round Two): Enrollment and Review amendments, if any, are considered prior to consideration of other amendments, if any, and then the bill is considered for advancement to Enrollment and Review Final. A bill on SelectxFile has two chances, or attempts, to advance before it is indefinitely postponed.

  8. Enrollment and Review Final (E&R): Bills advanced from SelectxFile move to E&R Final, a stage of the legislative process in which amendments adopted are engrossed into the bill. The bill is reviewed for technical flaws and a FinalxReading version of the bill is printed.

  9. FinalxReading (Round Three): Prior to a final vote, every bill is read in its entirety to the legislative body. As in all stages of the process, a bill must receive a majority vote (25) to pass on FinalxReading, or two-thirds vote (33) to pass if the bill contains an emergencyxclause.

  10. Consideration by Governor: If a bill passes on FinalxReading, it is sent to the governor for consideration. The governor may sign or veeto the bill within five days, excluding Sundays. If a bill is not signed or vetoed within five days, it automatically becomes law. Bills with emergency clauses become law one day after signed. Bills without such clauses become law on the stated effective date in the bill. If no such effective date exists, the bill becomes effective three months after the end of the session. The Legislature may override vetoed bills with a three-fifths (30) vote. Constitutional amendments approved by the Legislature do not require the governor's signature.

  11. Codification: If the bill becomes law, it is codified in the Nebraska Revised Statutes.

 

 

 

 

 

]]> http://legislative.ncsa.org/2012/01/legislative-process/feed/ 0 Budget Process http://legislative.ncsa.org/2012/01/budget/ http://legislative.ncsa.org/2012/01/budget/#comments Wed, 04 Jan 2012 17:32:35 +0000 Dr. Michael Dulaney http://legislative.ncsa.org/?p=2563 The Nebraska budget process is governed and guided by provisions of the Nebraska Constitution, state statutes and the "Rules of the Nebraska Unicameral Legislature."]]>  

The Nebraska budget process is governed and guided by provisions of the Nebraska Constitution, state statutes and the "Rules of the Nebraska Unicameral Legislature." Citations are included in the following description. Other aspects of the process have evolved over time to provide for a comprehensive, orderly budgeting function. The "Rules," primarily Rule 8, address details of the legislative process. The rule also embodies in Section 4 a process authorized by the Legislature for Standing Committee review and activity in formulating appropriations recommendations. This discretionary process in Section 4 has been pursued to a limited degree generally focusing on one or two agencies or issues. The following discussion does not integrate the alternate process since it has not been used extensively. With respect to fiscal notes and drafting of "A" bills that likewise become part of an overall budget process, Rule 5, section 7 controls.

Summary

+++++The following is a summary of the typical milestones and processes leading up to authorization of a full biennial (two-year) budget which is enacted during regular legislative sessions held in odd-numbered years (the long, 90-day session).

+++++July 15 - The Department of Administrative Services (DAS) issues forms and instructions to be used by state agencies for their budget requests. The Director of the Legislative Fiscal Office may suggest revisions, changes or additions to the forms before distribution. In recent years, the budget instructions have included a section developed by the Legislative Fiscal Office that restructures the agency budget request into a budget base (a specific percentage of current appropriations) plus a series of prioritized decision/spending packages above the base level up to the total request. The base level generally is some percentage less than 100 percent. The material supplements the standard, detailed line-item, fund account by budget program structure. (RRS 81-1113 and 81-113.01). Prior to a short session, budget forms are typically distributed in September.

+++++September 15 - Agency budget requests are due in DAS Budget by this date; however, late submissions typically are received for several weeks thereafter. The Budget Office requires at least three copies of the official request documents, one of which is sent to the Fiscal Office and forwarded to the analyst on staff that is assigned the agency. Two copies are retained by the Budget Division; one for staff analyst use, the other is kept on file and is available for public inspection. Budget requests do not include personnel cost increases for items or issues that are subject to negotiations with employee bargaining units. Generally, these excluded costs are wage rate changes and other changes to compensation rates but may also include costs associated with benefits, such as health insurance. As these rates become known, costs are factored in to the budget process, usually early in the legislative session. (RRS 81-1113). Prior to a short session, requests are usually due in October.

+++++September to January - From the time of submission of budgets in September to the first week of the legislative session, fiscal office staff analysts devote their time to understanding the requests of all agencies, boards and commissions, questioning agencies, and preparing briefing documents to be used later during the staff review phase with the Appropriations Committee. Actual budget documents are voluminous and detailed, sometimes more than 200 pages for one agency. The analyst must isolate the key issues embodied in the request, analyze alternatives and summarize their analysis. The analysis is presented in a standard format that is readable and efficient in communicating details of what has changed in the request versus current or prior years spending authorization. DAS Budget analysts similarly are engaged in conducting their own review during this time, working with the governor and staff toward formulating the budget recommendation of the governor.

+++++Early Session - In odd-numbered years the governor is required to submit a budget proposal by January 15, except that in the first year of office a governor may submit a proposal on or before February 1. The budget recommendation comes as a bill or bills, and there may be additional explanatory material included such as a budget book or other handouts. The budget bill(s) are introduced by the Speaker of the Legislature at the request of the governor. Appropriations bills routinely are referred to the Appropriations Committee. Substantive bills that are instrumental to the governor's budget recommendation are referred to the standing committee having subject matter jurisdiction. Such substantive bills may or may not be offered at the same time as the appropriations bill(s) and are not subject to the January 15 deadline. During the first ten days of the legislative session other bills are being introduced by senators. Some of these bills will have financial impacts on the state if passed, and may require an appropriation to ensure implementation as planned. (RRS 81-125 to 81-126).

+++++January and February - The Appropriations Committee meets with Fiscal Office staff to review and discuss the staff analysis of each agency budget request. The initial objective is to develop a preliminary recommendation and report to be submitted to the Legislature 20 to 30 legislative days after the governor's budget submission, (Rules of the Nebraska Legislature, Rule 8, section 2). The Appropriations Committee, after staff reviews, prepares a preliminary indication of funding levels considered for each agency and an overall analysis of the spending capacity of state government. These preliminary figures are based on current revenue forecasts, tax rate assumptions and compliance with the statutory reserve requirement. The "Preliminary Report" and the levels of appropriation estimated therein become the basis of discussion during subsequent public hearings with state agencies and other interested parties. During this time, standing committees (including the Appropriations Committee) are conducting hearings on the substantive bills referred to them. An integral part of the material available during the hearing is a Fiscal.Note, produced by the staff of the fiscal office. The Fiscal.Note is an estimate of the financial impact of the legislation, inclusive of expenditure and revenue impacts. (Rules, Rule 5, section 7) The note becomes the basis for estimating what appropriation may be necessary if the bill becomes law.

+++++March - The Appropriations Committee conducts public hearings on the budget during this time. Hearings notice is published in the Legislative Journal, listed by agency and bills referred to the committee. Agencies, interest groups and the general public are given the opportunity to comment regarding the preliminary recommendation of the committee, the agency request, the governor's recommendation or any new issues or items of request not yet before the committee. Fiscal staff monitor the hearings and are not active participants. During this time, other committees are reporting bills that have had hearings to the floor. New appropriations bills, companions to substantive bills, having the same number but designated with an "A" following the number, are also appearing. These are "A" bills, (appropriations), that accompany the substantive bill and provide for the necessary spending authority to implement the legislation, (Rules, Rule 5, section 7). "A" bills may be introduced at any time and generally are considered immediately following each stage of debate of the substantive bill. However, it is not unusual for a bill to advance to Select File before the "A" bill is introduced--it is not the preferred mode of operation but practical limits in bill drafting, analyzing amendments and refining cost estimates sometimes cause the delay.

+++++April - Immediately following the public hearings the Appropriations Committee meets to review all preliminary decisions, information obtained during the hearings and any other information brought to its attention. By this time, the impact of negotiated wage rates and benefits are known or the range of costs sufficiently narrowed to allow an estimate. For about two weeks the committee meets to complete a recommendation to be offered to the full Legislature. Fiscal staff help review all information. Once finalized, the recommendation is summarized into a budget book and other supplementary material for distribution on the legislative floor. Most importantly, fiscal staff write the budget bill or bills to be offered, (or if the governor's bill or bills are to be used, amendments are drafted). The committee has until the 70th legislative day during a long session to place budget bills on General File. If the 70th day deadline is not met the governor's bills are to be considered. During a short session, the deadline is the 40th legislative day (Rules, Rule 8, section 5). Typically, more than one bill embodies the Appropriations Committee recommendation. One large bill appropriates most state funds, for operations and state aid.

+++++A second bill typically is offered to make appropriations for capital construction projects. Another bill provides for deficit appropriations, i.e. adjustments to appropriations previously authorized for the current year. It is not unusual for this bill to be considered early in the session well before other appropriations bills are on General.File since some of these adjustments may be emergencies that apply to the current year and time left in the fiscal year is short.

+++++Other bills also may be offered: Bills making appropriations for salary increases, increased benefits costs or substantive law changes, (such as authorization for a fee and creation of a fund), that implement some aspect of the committee recommendation.

+++++At minimum, three bills must be introduced: The Constitution specifies two, one bill for legislators' salaries; one bill for constitutional officers' salaries (generally, other elected officials and judges). The third bill would appropriate for everything else. However, separation of broad issues by type (construction versus state operations, as an example) has resulted in several bills rather than one all-encompassing bill.

+++++Appropriations bills are exempt from the 10-day limit on introduction of new bills. The Appropriations Committee recommendations may be embodied in new bills or existing bills referred to the committee and reported to the floor of the Legislature with or without amendments. Once the bills have been placed on General.File, a financial status report for the state General Fund is published to accompany the daily agenda. The status report is produced by the Fiscal Office and is intended to show the probable spending limits given the assumptions embodied in the status such as tax rates, revenue forecasts and the committee's budget recommendation. The status also lists each bill, by stage of debate, that has a General Fund cost impact. From this document it can be determined how much of the funds available are used by the committee recommendation, what funds remain and what total spending can be accommodated within the statutory reserve requirement. The status illustrates financial conditions for the biennium for which the budget applies plus the two following years for planning purposes. Though the Legislature is only considering the first two years for appropriations, simulating impacts for two additional years provides useful information on the state's ability to sustain future obligations.

Floor Action

+++++The appropriations bills as offered by the Appropriations Committee and constituting their budget recommendation are processed much like other bills once they arrive on the floor of the Legislature. On General.File, committee amendments (if any) are taken up first followed by other amendments as filed. All other bills having a General Fund expenditure or a General Fund revenue loss are held on Final Reading and may not be read until the appropriations bills as offered by the Appropriations Committee pass. By rule, the bills representing the Appropriations Committee recommendation are to be placed on General.File by the 70th day in a long session and by the 40th day in a short session. Failure to do so, according to rule, results in considering, "...the appropriations bills as introduced by the Governor." By rule, the Legislature is to pass appropriations bills by the 80th day in a long session or the 50th legislative day in a short 60-day session (even-numbered years). One exception, during the short session, is that other bills may be read after the 45th day even though appropriations bills have not been passed. There is no penalty for not passing appropriations bills as provided by rule, other than the holding of bills during a long session. Though it is desirable to comply, circumstances such as volume of amendments, length of debate and full discussion of appropriations matters can extend passage of the appropriations bills beyond the prescribed deadlines (Rules, Rule 8, section 5).

Emergency.Clause

+++++Appropriations bills almost always carry the emergency.clause, thus requiring 33 votes for passage on Final.Reading. This is invariably true of deficit bills since the changes affect the current fiscal year and if the bill passed with fewer votes it would render the appropriation meaningless since the effective date of the appropriation would occur after the end of the current fiscal year. On very rare occasions fewer votes can suffice where expenditures are delayed into the next fiscal year or the appropriations in the bill are small in comparison to the total appropriation to a program.

+++++Late May - Once appropriations bills have passed and been sent to the governor, the governor has five calendar days, excluding Sunday, to sign, not sign (but the bill takes effect), veto in total or line-item veto items of appropriation, (Nebraska Constitution, Article IV, section 15). Within one day of the return of appropriations bills to the Legislature with line-item vetoes, the Appropriations Committee must report on the impact of the vetoes and may offer a motion to override the total or part of the line-item vetoes. Subsequent motions may then be offered by the members of the Legislature (Rules, Rule 6, section 14). The Constitutional requirement for a veto override is 30 votes. All final valid appropriations ultimately enacted take effect July 1 of the designated fiscal year or, if passed without the emergency clause, three calendar months after the end of the legislative session. Deficit bills making adjustments to current year appropriations with the emergency.clause are effective immediately on passage (Nebraska Constitution, Article III, section 27).

+++++Short Sessions - Relevant differences with a short session are noted above. Since a short session occurs in the middle of a biennial, two-year period, appropriations already are authorized for the following fiscal year. Consequently, the volume of issues and dollar value of decisions typically is less, though this will vary because of then-current fiscal conditions. Obviously time lines are different, but most of the above elements are part of a short session budget process, compressed into a period that ends with the Legislature's adjournment, typically by mid-April.

]]> http://legislative.ncsa.org/2012/01/budget/feed/ 0 Committee Structure http://legislative.ncsa.org/2011/01/committee-structure/ http://legislative.ncsa.org/2011/01/committee-structure/#comments Wed, 05 Jan 2011 08:17:27 +0000 Dr. Michael Dulaney http://legislative.ncsa.org/?p=2568 Not unlike other state legislatures, the Nebraska Legislature utilizes a variety of committees to handle the business of the body.]]> +++++of the Nebraska Legislature

By Michael S. Dulaney, J.D., Ph.D.
Executive Director
Nebraska Council of School Administrators
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1.  Introduction

+++++Not unlike other state legislatures, the Nebraska Legislature utilizes a variety of committees to handle the business of the body.  There are fourteen "standing committees," four "select committees," and presently five "special committees."  Each standing committee (e.g., the Appropriations Committee) has a particular subject-matter jurisdiction and all bills and constitutional resolutions relating to that subject matter are assigned to that committee.  Select Committees (e.g., the Committee on Committees) are generally those committees that help to facilitate the legislative process with little direct involvement in specific public policy issues.  Special committees (e.g., the Executive.Board) are more or less administrative in nature and are established by statute with the assignment of specific duties.

+++++Generally, all committees are authorized to hold hearings, to meet as needed, to require the attendance of witnesses and production of evidence as deemed necessary.  All committees may investigate any matter within its jurisdiction and may present for consideration any final reports and recommendations for action resulting from such investigations.1  Aside these general guidelines, there are some very distinguishable differences among the three categories of committees and among individual committees within these categories as will be explored in the following sections.
+++++It is important to note that before 1973, all committee chairpersons were nominated by the Committee on Committees and approved by the Legislature.2  This resulted, however, in an unusually high number of committee chairpersons being selected from the membership of the Committee on Committees itself.  At one time, in order to aspire to become a chairperson of a standing committee, for instance, meant first becoming a member of the Committee on Committees.  In 1973, the Rules of the Legislature were amended to require at large elections of all leadership positions.  This permitted a fair election process where all members could participate in the selection of committee leaders.
+++++Chairpersons.  Like other legislative bodies, the position of committee chairperson is seen as a very important role since the views of these individuals could shape the future of state policy.  All at large elections for committee chairpersons are conducted by secret ballot.  Before the ballot is taken, each person nominated may make a public statement to the body indicating what may be expected from him or her if elected.  In most cases, however, candidates for such positions usually highlight their length of service in the Legislature, to indicate their knowledge of the legislative process, and perhaps their occupational experience in a certain area, which indicates their expertise in the subject matter of the committee.3  It is not unusual for members of the Legislature to campaign or at least make known their intent to run.  It is considered appropriate, but certainly not required, for a senator wishing to run for a particular chairmanship to place a letter on file with the Clerk of the Legislature indicating his or her intentions.
+++++The exact duties of the chairperson vary from committee to committee.  However, there are some general responsibilities that apply to most legislative committees:

  • To call the committee together at the regular or appointed time and place.
  • To arrange for the publication of meeting notices.
  • To preside over meetings of the committee.
  • To maintain order and decide all questions of order.
  • To supervise and direct all clerical and other employees of the committee.
  • To prepare or supervise, in consultation with the committee, the schedule of public hearings to be held by the committee.
  • To prepare or supervise the preparation of a written agenda for all committee meetings.
  • To prepare or supervise the preparation of interim study proposals necessary to properly carry out the committee's business, in consultation with the committee.
  • To conduct or supervise the conduct of all studies assigned by the legislature, and all studies necessary to properly carry out the committee's business, and to insure proper documentation of all studies conducted.
  • To prepare or supervise the preparation of written reports on all interim studies assigned the committee by the legislature, and on all committee studies in which testimony or information was secured by subpoena.
  • To prepare or supervise the preparation of committee reports and committee statements and submit them to the legislature.
  • To have custody and insure the security of all bills, resolutions, papers and other documents referred or submitted to the committee, to keep all committee materials separate and distinct from personal materials, to make all committee materials available to committee members at reasonable times, and to transmit committee materials to the appropriate repository when the committee is finished with them.
  • To insure that all activities of the committee are carried out in accordance with the rules of the legislature and the rules of the committee.
+++++Vice Chairperson.  The principal duty of the vice chairperson is to preside over meetings in the absence of the chairperson.  If both the vice chairperson and the chairperson are absent, the meeting is often chaired by the most senior legislative member of the committee.4
+++++Committee Members.  In general, committee members may participate freely in committee discussions and debate, make and second motions and assert points of order and privilege, subject to the rules of parliamentary procedure.  In committee hearings, a committee member may question witnesses only with permission of the chairperson and only to the extent the chairperson allows, but the chairperson must afford each member of the committee a reasonable opportunity to question each witness.5
+++++It is the duty of committee members to attend and participate in all committee meetings.  A member who cannot be present at a meeting must notify the chairperson or committee clerk in advance, and indicate where he or she can be located should his or her presence be needed.  A member must also disclose in the committee records his or her interest in all committee proceedings relating to any question which directly and immediately affects his or her personal or private right or interest, if it conflicts with the public interest.6
+++++

2.  Standing Committees of the Nebraska Legislature

+++++There are currently 14 standing committees of the Nebraska Legislature.  Standing committees range in composition from five to nine members.  The table below lists the current standing committees along with committees that once existed but are now defunct.

Standing Committee Status Members
Administrative Rules & Regulations
Review		 Eliminated in 1986 7
Agriculture Current 8
Appropriations Current 9
Banking, Commerce & Insurance Current 8
Business & Labor Current 7
Constitutional Revision & Recreation Eliminated in 1986 7
Education Current 8
General Affairs Current 8
Government, Military & Veterans Affairs Current 8
Health and Human Services Current 7
Judiciary Current 8
Miscellaneous Subjects Eliminated in 1986 8
Natural Resources Current 8
Nebraska Retirement Systems Current 6
Public Health & Welfare Eliminated in 1985 7
Public Works Eliminated in 1986 8
Revenue Current 8
Transportation Eliminated in 2002 8
Transportation and Telecommunications Current 8
Urban Affairs Current 7

+++++Agriculture Committee.  The Agriculture Committee is comprised of eight members.  Legislative measures referred to the committee include crop development, exports, livestock, brands, auction markets, public grain warehouses, grain storage, farming and ranching, fertilizer, agricultural chemicals, weights and measures, eating facilities, etc.7
+++++Appropriations Committee.  The Appropriations Committee is the only standing committee comprised of nine members.8  It is also the only standing committee that meets every day of the week during the public hearing phase of the legislative process.  Therefore, with the exception of the Chairperson, members of the Appropriations Committee are not allowed to serve on any other standing committee, except the Nebraska Retirement Systems Committee.
+++++The main purpose of the Appropriations Committee is to advance a biennial state budget to the floor of the Legislature.  In odd-numbered years, the Committee first receives the proposed budget recommendations of the Governor and then performs any modifications it deems necessary before forwarding the proposal for floor debate.  The Committee also reviews all appropriation bills for capitol construction, salaries of state employees, and deficiency appropriations, among others.  The Committee has the authority to suggest, through a legislative proposal, changes in distribution of certain taxes (i.e., the Cigarette Tax).9
+++++The Appropriations Committee annually prepares and approves a report summarizing the recommended total General Fund appropriation for each year of the following biennium.  The report includes information based upon the committee's initial review of (1) state agency, board, and commission budget requests, (2) the Governor's budget, (3) the estimated revenue receipts for each year of the following biennium, (4) General Fund reserve requirements, (5) express obligations, and (6) economic conditions affecting the State of Nebraska.10
+++++The Chairperson of the Appropriations Committee annually submits a Financial Status Report following the advancement of the mainline budget bill to General File.  The report includes the current estimates of available funds, express obligations for the biennial period under consideration, and other information useful to the budgetary process.11
+++++No other standing committee is cited in state law as many times as the Appropriations Committee, and there are numerous duties prescribed for the Committee in statute in relation to various programs and state agencies.  For instance, state law requires the Committee to annually include in the state budget the amount necessary to fund the state aid formula under the Tax Equity and Educational Opportunities Support Act (TEEOSA).12 Other duties and responsibilities of the Committee, particularly in relation to the budget process, are discussed in later sections.
+++++Banking, Commerce and Insurance.  The Banking, Commerce and Insurance Committee is comprised of eight members.  The subject-matter jurisdiction of the committee includes all aspects of banking and financial institutions, the Nebraska Investment Council, all aspects relating to insurance and commerce, the Uniform Commercial Code, real estate, securities law, economic development, accountancy, etc.13
+++++Business and Labor Committee.  The Business and Labor Committee is one of three standing committees comprised of seven members.  The committee accepts jurisdiction over such issues as workers' compensation, unemployment compensation, labor and employment relations, the Commission of Industrial Relations, fair employment practices, health and safety regulations, labor conditions, claims against the State, wages and hours, the Nebraska Elevator Code, etc.14
+++++Education Committee.  The Education Committee is one of several standing committees that receive the most referred bills and resolutions each year.  The committee reviews legislative proposals concerning school districts, school reorganization, compulsory education, special education, certification, post-secondary education, state colleges and universities, vocational technical schools, public school funding, the State Board of Education and the Department of Education, NETV, ESUs, etc.15
vGeneral Affairs Committee.  This eight member committee reviews legislative measures concerning the State Electrical Act, liquor and liquor control, gambling and lottery, cemeteries, libraries, trade names and practices, etc.16
+++++Government, Military and Veterans Affairs.  The Government, Military and Veterans Affairs Committee is comprised of eight members.  The committee oversees legislative proposals that concern political subdivisions, election law, departments of state government, the Nebraska Political Accountability and Disclosure Act, lobbying, correctional institutions, law enforcement, public meetings and records laws, standards for public buildings, military and veterans affairs, civil defense, apportionment and redistricting, etc.17
+++++Health and Human Services.  Although often receiving a very heavy workload and number of legislative measures to consider, the Health and Human Services Committee is comprised of only seven members.  The committee is usually very busy reviewing legislative proposals concerning public health, hospitals, nursing homes, mental health and retardation, professional and occupational licensing, emergency medical care, the Department of Health, the State Board of Health, housing and building standards, welfare and public assistance, the Department of Social Services, etc.18
+++++Judiciary Committee.  The Judiciary Committee consists of eight members and has the distinction of usually having the most legislative proposals referred to it each year.  The committee is responsible for so many measures that the committee chair often limits the total allowable time for each public hearing.  The committee's subject-matter jurisdiction includes the courts, judges, juvenile code, criminal code, crimes and punishments, criminal procedure, civil procedure, etc.19
+++++Natural Resources Committee.  The eight-member Natural Resources Committee reviews issues and legislation concerning water and water rights, irrigation, flood control, the Department of Water Resources, soil conservation, public power, oil and gas, environmental issues, hazardous waste, air pollution, parks, endangered species, boating, etc.20
+++++Nebraska Retirement Systems Committee.  The smallest standing committee in terms of membership is the Nebraska Retirement Systems Committee, which is comprised of six members.  There are so few legislative measures assigned to this committee that the committee has no regular schedule during each session.  The committee meets as needed to hold public hearings and to hold executive sessions.  The committee reviews all legislation relevant to the public employees' retirement systems (State Employees, School Employees, Judges, State Patrol, and Counties).  The Chairperson of the Appropriations Committee is automatically a voting member of the Nebraska Retirement Systems Committee.21
+++++Revenue Committee.  The eight-member Revenue Committee at times receives almost as many legislative proposals as the Judiciary Committee each year.  The Revenue and Appropriations Committees often work together to coordinate the income and expenses of the state and political subdivisions.  The Revenue Committee oversees such issues as sales and use taxes, state income taxes, property taxes, homestead exemptions, motor fuels tax, the Department of Revenue, etc.22  The Chairperson of the Revenue Committee serves as a voting member of the Tax Rate Review Committee along with the Speaker, and the Chairpersons of the Appropriations Committee and Executive.Board.23
+++++Transportation and Telecommunications Committee.  The Transportation and Telecommunications Committee is comprised of eight members and has subject matter jurisdiction over such matters as motor vehicles, driver licensing, rules of the road, weights and measures, the Department of Roads, railroads, common carriers, pipelines, telephones and telecommunications, etc.24
+++++Urban Affairs Committee.  The Urban Affairs Committee, comprised of seven members, reviews such issues relating to municipalities, special districts, zoning and annexation, housing authorities, etc.25

3.  Special Committees of the Legislature

+++++The Nebraska Legislature utilizes five special committees, the most well known of these is the Executive.Board.  With the exception of the Executive.Board, special committees do not usually have jurisdiction over legislative bills and resolutions but are still subject to the same procedural rules as other committees.26  Special committees are normally created by statute rather than legislative rule.  However, for the 2001 Session, the Legislature created a special committee by rule for the purpose of redistricting.

Committee Members
Building Maintenance 6
Education Commission of the States 3
Executive.Board 9
Intergovernmental Cooperation 5
Legislative Program Evaluation 5

+++++Building Maintenance Committee.  It is the responsibility of the Executive.Board of the Legislature to appoint the six member special committee on Building Maintenance.27  The purpose of the committee is to exercise oversight of the deferred and preventive maintenance activities for state operated buildings, including the Capitol.  The selection of members is made on the basis of maintenance interest and knowledge.  At least two members must be selected from the Committee on Appropriations, one of whom must be the chairperson.
+++++Education Commission of the States.  The special committee on the Education Commission of the States is comprised of three appointed members of the Legislature who are selected by the Executive.Board.28  In addition, the Governor may appoint three other representatives who are not members of the Legislature.  The Education Commission of the States (ECS) is a nonprofit organization designed to bring state leaders together to discuss education issues.  ECS also provides state legislatures with a variety of research materials to help direct education policy decisions.
+++++Legislative Committee on Intergovernmental Cooperation.  The Special Committee on Intergovernmental Cooperation consists of five senators.  The members and the chairman of this committee are elected in the same manner as is customary in the case of the members and chairman of other standing committees of the Legislature.  In addition to the regular members, the President (Lt. Governor) and the Speaker of the Legislature serve as ex officio (non-voting) members of this committee.29
+++++The Legislative Committee on Intergovernmental Cooperation represents half of the Nebraska Commission on Intergovernmental Cooperation, which is composed of ten regular members (five from the Legislature's committee and five individuals appointed by the Governor).
+++++The Committee functions during the regular sessions of the Legislature and also during the interim periods between sessions.  The purposes of the Committee are to:  (1) carry forward the participation of the state as a member of the Council of State Governments; (2) encourage and assist the legislative, executive, administrative and judicial officials and employees of the state to develop and maintain contact with officials and employees of the other states, the federal government, and local units of government; (3) endeavor to advance cooperation between the state and other units of government whenever it seems advisable to do so by formulating proposals for facilitating (i) the adoption of compacts, (ii) the enactment of uniform or reciprocal statutes, (iii) the adoption of uniform or reciprocal administrative rules and regulations, (iv) the informal cooperation of governmental offices with one another, and (v) the interchange and clearance of research and information.30
+++++Legislative Program Evaluation Committee.  This five-member Committee is comprised of the Chairperson of the Executive.Board, the Chairperson of the Appropriations Committee, and three other members of the Legislature chosen by the Executive.Board.31  The Committee is designed to meet as needed for the purpose of selecting programs to be evaluated, approving scope statements and evaluation plans for program evaluation projects, reviewing completed program evaluation reports, and conducting public hearings.
+++++Executive.Board.  The Executive.Board consists of a Chairperson, a Vice chairperson, and six members of the Legislature, to be chosen by the Legislature at the commencement of each 90-day session of the Legislature.  In addition, the Speaker serves as a voting member of the Executive.Board.  The Chairperson of the Appropriations Committee also serves on the Executive.Board but in an ex officio (nonvoting) capacity whenever the board is considering fiscal administration.
+++++During the initial session of the Nebraska Unicameral in 1937, one of the first bills to be passed involved the creation of the "Legislative Council," which currently consists of all members of the Legislature.  The principle purpose of the Legislative Council is to consider legislative policies during the interim periods.32  The exact duties of the Council include examining the effects of previously enacted statutes and recommend modifications, and to generally collect information concerning the government and general welfare of the state.33
+++++The first Unicameral Legislature also created an "Executive.Board of the Legislative Council" (often shortened to "Executive.Board") in order to manage the administrative affairs of the body.34  The Executive.Board is one of five "Special Committees" of the Legislature and is truly unique among all the legislative committees.  It is the only committee in which both the chairperson and vice chairperson are elected at large by the whole body.  All other committees elect their own vice chairperson from among their individual memberships.  The distinctiveness of electing both the vice chairperson by at large election is due, in part, to the level of importance associated with the Board.  In the event the chairperson is unable to fulfill the duties of the office, the body reserves the authority to select his or her replacement, thus the at large election of both individuals.
+++++In addition to the Chairperson and Vice chairperson, other voting members of the Board include the Speaker and six members (two members elected from each of the three caucuses).  The Chairperson of the Appropriations Committee serves as a nonvoting ex officio member whenever the Board is considering fiscal issues.  All voting members of the Board are considered officers of the Legislature and serve two-year terms of office.
+++++Administration.  The Executive.Board acts as an "administrative subcommittee of the entire Legislature" and provides administrative functions on behalf of the body on a year round basis.  These administrative functions include:  (1) supervision all of services and service personnel of the Legislature; (2) employment and establishment of compensation and other terms of employment for legislative personnel; (3) appointment of persons to fill various division head positions, such as the Legislative Fiscal Analyst, Director of Research, and Revisor of Statutes; and (4) contracting to obtain legal, auditing, accounting, actuarial, or other professional services or advice on behalf of the executive.board or the Legislature itself.35
+++++The Executive.Board manages seven different, yet interrelated, offices that provide services to the Legislature.  These offices include the Office of the Clerk of the Legislature, the Accounting Office, the Coordinator of Legislative Services, the Revisor of Statutes, the Legislative Research Division, the Ombudsman, and the Legislative Fiscal Analysts Office.36  All such offices provide important services and support to senators and the legislative process in general.  Several of these offices are explored below and others in later sections.

4.  Select Committees of the Legislature

+++++The select committees of the Legislature are administrative committees designed to help facilitate the legislative process.  These committees are not created by statute but instead by the Rules of the Legislature.37

Committee Members
Committee on Committees 13
Enrollment and Review 1
Reference 9
Rules 6

+++++Committee on Committees.  As noted earlier in this document, the members of the Committee on Committees carry a particularly crucial role in the legislative process: selection of members on other committees.  The Committee on Committees is expected to provide fair geographic representation on each committee under its auspices, including all standing committees.
+++++Enrollment and Review Committee.  The Enrollment and Review (E&R) Committee is unique in that it is a committee of one member, the chairperson.  The E&R Chairperson is also unique by virtue of selection since the youngest member of the Legislature, at the time of the election, is considered "nominated" for the position.  In the absence of the E&R Chairperson, the Vice Chairperson of the Judiciary Committee assumes the duties of the E&R Chairperson.38
+++++This position is perhaps one of the few chairs that is not highly sought by members of the Legislature since it requires an ongoing diligence and awareness of the legislative process.  The E&R Chair is responsible for procedurally "moving" for the adoption of E&R amendments to every bill or resolution at every stage of the legislative process.  E&R amendments are technical amendments proposed by the Revisor of Statutes (bill drafters) in order to ensure accuracy in punctuation, citations, grammar, spelling, etc.  It is not an uncommon sight during a session to witness the presiding officer and the E&R Chair in a continuous, almost mundane, back-and-forth effort to request and receive motions to adopt E&R amendments to facilitate the legislative process.
+++++Reference Committee.  The Executive.Board serves as the Reference Committee.  The Reference Committee reviews each bill and resolution and then either refers the matter to the appropriate committee (in the case of bills and resolutions to amend the Constitution) or to General File (in the case of all other resolutions and "revisor" bills).  The process involves the matching of each measure with the committee which has subject-matter jurisdiction over the issue contained in the bill/resolution or which has traditionally handled the issue in the past.39
+++++Rules Committee.  Some of the most heated debates during a legislative session can at times occur before even the first real legislative bill is debated.  Since rules drive the legislative process, rules are of a particular interest to legislators.  The Rules Committee is comprised of six members.  The Chairperson is elected at large by the Legislature, the Speaker serves as an ex officio member, and four other members are selected by the Committee on Committees.
+++++Any member of the Legislature may submit a proposed rule modification.  All proposed rule changes are set for public hearing within five legislative days after their referral to the Rules Committee.  The hearing takes place within fifteen legislative days after the referral, and the committee must take final action on the proposal within ten legislative days after the hearing.40  If the Rules Committee, by majority vote, approves any submitted recommendations, then the same are forwarded to the legislative body for consideration.
+++++Investigating Committees.  The Committee on Committees may appoint other select committees in the form of investigating committees when authorized by the Legislature.  No investigating committee of the Legislature may be created except by resolution which sets forth the reasons for and the purposes of the investigation.  No established investigating committee may function except during the interim between legislative sessions.41

 
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1 NEB. RULES OF THE LEG. Rule 3, § 1(a).
2 Bothum, Comer, and Sittig, "Committee Assignments in the Nebraska Legislature," 70.
3 Id., 72.
4 Id.
5 Id.
6 Id.
7 Legislative Research Division, "Breakdown of Assignment to Committees," LRD 89-25 (September 1989), 29.
8 NEB. RULES OF THE LEG. Rule 3, § 3(a).
9 Legislative Research Division, "Breakdown of Assignment to Committees," LRD 89-25 (September 1989), 29.
10 NEB. RULES OF THE LEG. Rule 8, § 2.
11 Id., Rule 8, § 7.
12 NEB. REV. STAT. § 79-1031.01.
13 Legislative Research Division, "Breakdown of Assignment to Committees," LRD 89-25 (September 1989), 30.
14 Legislative Research Division, "Breakdown of Assignment to Committees," 30.
15 Id., 31.
16 Id.
17 Id.
18 Id., 32.
19 Id.
20 Id., 33.
21 NEB. REV. STAT. § 50-416.01.
22 Legislative Research Division, "Breakdown of Assignment to Committees," 34.
23 NEB. REV. STAT. § 77-2715.01(2).
24 Legislative Research Division, "Breakdown of Assignment to Committees," 34.
25 Id., 35.
26 NEB. RULES OF THE LEG. Rule 3, § 5(a).
27 NEB. REV. STAT. § 81-185.
28 Id., § 79-1504.
29 Id., §§ 81-816 to 81-824.
30 Id.
31 Id., § 50-1204.
32 NEB. REV. STAT. § 50-401.
33 Id., § 50-402.
34 Id., § 50-401.01.
35 Id., § 50-401.01.
36 Nebraska Legislator's Guide.
37 NEB. RULES OF THE LEG. Rule 3, § 4(a).
38 Id., Rule 3, § 4(d).
39 Id., Rule 3, § 4(e).
40 Id., Rule 3, § 4(f).
41 Id., Rule 3, § 4(g).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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