Congressman Jeff Fortenberry

Representing the 1st District of Nebraska

Omaha World Herald: Editorial: Lessons for Nebraska's new senators

Dec 4, 2016
In The News

The Nebraska Legislature will see considerable turnover when it convenes in January. Seventeen of the 49 lawmakers will be freshmen. That’s a third of the membership.

The Legislature also will be electing a new speaker and nine new committee leaders.

Churn in the legislative membership has become commonplace at the State Capitol during the term-limits era. As these newly elected legislators prepare to take office, here are some principles of proven value for consideration:

Not too fast, not too slow. The Legislature needs to strike a practical middle ground in how quickly it moves major legislation. Because it’s a single-chamber body, the Legislature should avoid moving important proposals forward hurriedly.

Deliberation and negotiation are vital in resolving complex state issues. Consider state aid to public schools. The school aid formula is notoriously complex. The interests of Nebraska public school districts — small, midsized and large, rural and metro — vary widely.

There’s no way to adjust the aid formula in a responsible way unless lawmakers take time to hear from an array of Nebraska stakeholders and then negotiate carefully in an effort to balance the interests of the different school groups.

The advice that U.S. Rep. Jeff Fortenberry has given Don Bacon, the incoming congressman for Nebraska’s 2nd District, also has value for incoming members of the State Legislature. Fortenberry recommended not rushing into making commitments to support other members’ initiatives. Bacon said he appreciated that guidance: “I think it’s good to hold your powder dry a little bit and make sure you get both sides.”

Even as the new state senators try to avoid rushing things, they also need to be careful how often they resort to bringing movement to a halt through filibusters.

It’s generally going to be difficult to get the 33 votes (out of 49) needed to end a filibuster, since the incoming Legislature will be divided rather evenly among conservatives, liberals and swing votes.

By party label, the officially nonpartisan Legislature will have 32 Republicans and one conservative-leaning Libertarian, along with 15 Democrats and one left-leaning independent.

Look beyond your clique. Nebraska lawmakers understandably look to colleagues from their own party or philosophical persuasion, but legislative effectiveness depends on being able to work with a wide range of colleagues. Such an approach has the bonus of producing better-designed legislation that takes into the account the diversity of interests across the state.

Don’t shirk committee work. Some of the most important work in the Legislature is done in committee: analyzing proposals, deliberating over them, amending them. But in every legislative session, some senators fail to hold up their end. They’re slackers when it comes to committee work, putting an unfair burden on their conscientious colleagues.

It’s not all grand issues. Most of the work of a state senator doesn’t involve sweeping, big-picture topics. The majority of bills involve small-scale items. Nonetheless, many of the proposals have value because they arise from Nebraskans’ real-world concerns and needs — perhaps a problem faced by a volunteer fire department, or maybe an issue that created headaches for a school district.

The importance of trust. Over the years, one of the proven secrets for legislative effectiveness, regardless of party or philosophy, is an ability to earn trust from a broad range of colleagues. By contrast, when a lawmaker comes across as manipulative and self-serving, support from colleagues proves difficult to attain, and the lawmaker’s district is saddled with an ineffective representative.

Separate branch of government. There’s no reason the Legislature and the Governor’s Office should automatically be at loggerheads. At the same time, they’re separate branches of government. The Legislature has a duty to scrutinize executive-branch proposals closely rather than rubber-stamp them, working to produce the soundest legislation possible.

Nebraska lawmakers next year will represent a wide range of views and interests, but they all have a common interest in keeping the process on track. These principles promote that key goal.

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