For Release Wednesday, April 19, 2023

Capitol View
Commentary by J.L. Schmidt
Statehouse Correspondent
Nebraska Press Association
Yes, the Pot Has Officially Called the Kettle Black

      If you listen carefully, you can hear the strains of that favorite carol ÒO Christmas Tree, O Christmas TreeÓ echoing through the George W. Norris Legislative Chambers.
      It has been a few years, but that age-old almost end-of-session practice is back in vogue. It has been around since before most of the young senators complaining about it were born. 
      ItÕs a simple practice, attaching bills that have survived the committee process and been sent to the floor to bills that are further along in the queue. Subject matter and germaneness are important and bills advanced by the same committee are often prime for the practice, which has become known as ÒChristmas-treeing.Ó
      Given the limited amount of time remaining for any bills to pass this legislative session, thanks to a continuing filibuster mounted by several senators who are protesting a bill that would ban minors from receiving gender-affirming care, the strategy is being tried again. 
      The Revenue Committee has advanced a package of 21 tax-related bills to the floor for debate in the coming weeks. Sen. Lou Ann Linehan of Elkhorn, the committee chair, said senators unanimously agreed on the bills included which range from sales tax exemption on twine to allowing college savings plans to be used on private school K-12 tuition. 
      ÒWeÕve got a lot of things that have come out of committee 8-0, thereÕs general agreement on them, they are good governance bills, and we need to get them done,Ó Linehan said. And a package of more than 30 bills will be considered by lawmakers on the Education Committee next week.
      ÒIt is hugely problematic to have only eight hours to debate a bill with 21 bills in it,Ó said Omaha Sen. Machaela Cavanaugh who started the whole filibuster roadblock weeks ago. ÒI donÕt care if people are finding vehicles for their bills Ñ thatÕs what youÕve got to do here in
      
      For Release Wednesday, April 19, 2023 Ð Page 2 
      
normal circumstances, so hustle away Ñ but 21 bills as a committee amendment is wildly     inappropriate and disrespectful to the body and the state.Ó
      As if her incessant filibustering because of the transgender bill isnÕt Òwildly inappropriate and disrespectful to the (legislative) body and the state.Ó That, friends, is the proverbial pot calling the kettle black. The idiomatic phrase from the early 17th Century means that someone is criticizing another person for a fault they have even though the critic is guilty of doing the same thing.
      Speaker of the Legislature Sen. John Arch of Omaha notes that the filibuster by Cavanaugh and Sen. Meghan Hunt of Omaha has forced nearly every bill to go the full eight hours allowed under the rules on first-round debate. He said he has spoken with committee leaders about using the new approach to move Òa prioritized priority list.Ó
      To his credit, Arch has been encouraging committees to look at bills that are noncontroversial, that have high-impact, or are bills that affect a lot of people across the state. Now weÕre talking. Bills that affect a lot of people across the state.
      Committees have traditionally kept at least one bill that could be Òloaded upÓ with similar measures that speak to similar or broader issues that could be considered as one. That bill is often referred to as a ÒChristmas tree bill.Ó
      The Banking, Commerce and Insurance Committee usually moves two separate Christmas tree bills to the floor to keep the stateÕs banking and insurance regulations in compliance with federal law, said chair Sen. Julie Slama of Dunbar.  She says the committee is looking at bills to keep the government running and provide good governance.
      Cavanaugh and Hunt say they wonÕt back off their strategy. Hunt, who has blasted her colleagues debasing the history and traditions of the Legislature to pass legislation Òdiscriminating against kids and promoting hate against trans- and LGBTQ people in NebraskaÓ said the new strategy employed by the political majority underlined her point.


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      ÒItÕs not in rules and not in the spirit of the rules for sure, but what we learned this session is the rules are whatever the majority want them to be,Ó Hunt said. 
      Not that Sens. Cavanaugh and Hunt havenÕt bent some rules. ThereÕs that pot and kettle thing again.
      Good on the Legislature for exploring a creative Ð albeit traditional Ð approach to moving things along for the benefit of all Nebraskans.
      Bad on them for not doing this sooner. HereÕs hoping leadership has learned something.
 
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J.L. Schmidt has been covering Nebraska government and politics since 1979. He has been a registered Independent for more than 20 years.