Legislature returns with contentious issues looming

The 2023 Legislature will convene Wednesday with an array of hot topics waiting in the wings.

Contentious issues ranging from allocation of state school aid to implementation of a constitutional amendment requiring voter photo identification are on the likely agenda along with new restrictions on abortion rights and unrestricted recognition of gun rights.

And a whole lot more.

A continuing array of new and accelerated tax cuts, ongoing proposals for correctional reform and a green light to proceed with construction of a new state prison are also among issues that await legislative action.

The 90-day legislative session sets sail in the raw January winter on a journey that is scheduled to end with adjournment during the second week of June.

The allotment and distribution of state aid to schools will be a contentious issue, with Governor-elect Jim Pillen signaling his determination to rewrite the state aid formula to distribute more state funding assistance on a per-student basis.

The state now directs the vast amount of state assistance to school districts that cannot meet their needs with local property tax support.

That's an urban-rural battle waiting to erupt.

The 2022 U.S. Supreme Court decision striking down Roe v. Wade abortion rights previously guaranteed by the court in 1973 opens the door to proposals for new state restrictions.

Abortion currently is legal in Nebraska up to the 20th week of pregnancy.

An effort supported by Gov. Pete Ricketts to call a special session of the Legislature last summer to amend the Nebraska law to reduce abortion access by prohibiting abortions after the 12th week of pregnancy was ultimately abandoned, but the issue is certain to be a hot topic in the 2023 legislative session.

Sharp divisions were previously on display in the waning days of the 2022 regular session when a bill that would have enacted a ban on all abortions if Roe were overturned fell just two votes short of the 33 required to break a filibuster and proceed to enact the bill.

Sen. Tom Brewer of Gordon has signaled his intention to renew his effort to enact a "constitutional carry" gun rights bill that would allow Nebraskans to carry a concealed handgun without the need to acquire a state permit or receive gun safety training.

That proposal relies on the U.S. Constitution's 2nd Amendment language guaranteeing "the right of the people to keep and bear arms."

Implementation of the voter photo ID constitutional amendment may divide the Legislature along both political party and urban-rural lines amid concerns that requirements could reduce voter participation by making it more difficult for low-income, racial and ethnic minority, elderly and disabled people to vote.

With state government pocketing a large surplus of revenue during the current biennium, an array of substantial new and accelerated tax cuts is certain to be a feature of the 2023 legislative session.

A comprehensive prison reform package blew up in the fading days of the 2022 legislative session, but is likely to be part of a continuing debate when senators determine whether to give the green light to proceed with construction of a new state prison to replace the aging penitentiary in Lincoln.

Substantial funding has been parked in the state budget to meet a big share of the cost of the proposed $270 million prison, but its price tag no doubt has increased during the delay.

Workforce development proposals are likely to be a major topic as Nebraska struggles to fill a stunning 80,000 unfilled jobs.

Sen. Lou Ann Linehan of Elkhorn is expected to be selected to again lead the Revenue Committee as it continues to fashion tax policy, including more major tax reductions, but the Appropriations Committee will be led by a new chairperson with Sen. John Stinner of Gering departing after completing his two-term limit this week.

Sen. Robert Clements of Elmwood appears positioned to be elected as the Appropriations chairman.

It's all likely to start with a bang Wednesday as senators decide whether to choose their leaders, including committee chairpersons, by open and recorded votes rather than continuing the nonpartisan Legislature's tradition of secret balloting through slips of paper that are collected from senators and tallied without recording individual votes.

That decision could impact the tone of the entire 90-day session by potentially turning its nature more partisan as senators may feel the pressure of electing leadership that is affiliated with their own party.

With registered Republicans holding 32 of the 49 seats, that change conceivably could deny Democrats most, and potentially all, leadership positions.

But, at the same time, that figure of 32 Republicans is one short of the 33 votes required to end a filibuster, potentially arming Democrats with the power to trap legislative proposals.

Eyes are likely to center Wednesday on the choice of who will lead the Legislature's Education Committee when senators begin the task of choosing 14 standing committee leaders.

With public education increasingly under political attack based both on cost and curriculum and proposals to rewrite the state school aid formula now in play as a priority for Pillen, the choice of Education Committee chairperson will be in the spotlight.

Sen. Lynne Walz of Fremont, a former teacher, is seeking reelection as chairwoman and is being challenged by Sen. Dave Murman of Glenvil, who has declared that "there is no more important place for change than our education system."

Two years ago, Walz, a Democrat, defeated former Sen. Mike Groene of North Platte, a Republican, on a 25-23 secret ballot vote.

Following Wednesday's opening session, the Legislature will conduct inaugural ceremonies Thursday, highlighted by the inauguration of Pillen to succeed Gov. Pete Ricketts, who will be completing eight years in the office as he reaches the end of the state's two-term limit.

And next Sunday, Sen. Ben Sasse will officially leave the Senate after submitting his resignation to become president of the University of Florida.

Pillen appears ready to appoint Ricketts to the Senate seat.