Nebraska's Law-Making Process: Understanding The Legislative Journey

Nebraska's legislative process is unique among the nation's 50 states. The Nebraska Unicameral is the only nonpartisan legislature in the country, with senators running on a non-party ticket. The lawmaking process begins when a senator introduces a bill into the Legislature, which meets each January. However, the process actually begins much earlier, when a senator first starts to formulate ideas for new laws. Ideas for legislation can come from anyone, including concerned citizens, special interest groups, state agencies, or the governor. Before the Legislature can formally consider the idea, it must be introduced as a bill by a senator or legislative committee.

Anyone can suggest a bill

Citizens can approach a senator with their idea for a new law, and the senator can then request an interim study to be conducted by a legislative committee between sessions. This research involves reviewing other states' policies and laws, comparing them to Nebraska's system, and exploring other possible solutions. It is typically carried out during the interim between sessions.

Once the research is complete, the senator brings their idea, or someone else's, to a bill drafter. The drafter works with the senator to transform the idea into the proper legal format for a bill. It is important to note that bills introduced in Nebraska may only address one subject, unlike some other states.

Bills are typically introduced during the first ten working days of the legislative session, which begins each January. To introduce a bill, a senator must file it with the Clerk of the Legislature. The clerk then reads the bill's title into the record, assigns it a number, and prints copies for public and legislative use.

After introduction, the bill follows a standard legislative process, including committee hearings, debate, amendment, and voting. This process ensures that the public's input is considered and that the bill undergoes careful scrutiny before becoming a law.

Senators research and draft bills

Research is an integral part of the legislative process in Nebraska. Senators and their staff research problems and study possible legislative remedies. This research often involves reviewing other states' policies and laws and comparing them to Nebraska's system. The Nebraska Legislature has a research division that helps senators with their research projects. Much of this research is done during the interim between sessions, and legislative committees may study a variety of issues outlined in interim study resolutions passed by the Legislature.

Citizens, special interest groups, state agencies, or the governor may suggest ideas for new laws to senators. Constituents may bring their research to their senator or staff with a proposed law change, or they may simply state a problem, in which case the senator will have their staff conduct the research. If a senator knows ahead of time (during the session), they can request an interim study to be done by one of the legislative committees between sessions. Sometimes these studies include a hearing for public input.

Once the research is complete, a senator brings their idea for a new law to a bill drafter, who works with them to transform the idea into the proper legal form for a legislative bill. Bills introduced in Nebraska may contain only one subject, unlike some other states.

Bills are introduced to the Legislature

The lawmaking process in Nebraska begins when a senator introduces a bill into the Legislature, which meets each January. However, the process starts much earlier when a senator or citizen first begins to formulate ideas for new laws. Ideas for new laws can come from anyone, including concerned citizens, special interest groups, state agencies, or the governor. But before the Legislature can formally consider the idea, it must be introduced as a bill by a senator or legislative committee.

Senators and their staff research a problem and study possible legislative remedies. A senator may introduce a bill to create a new law, repeal an existing law, or change a law. The Legislature has a research division that helps senators with their research projects. The research is usually done during the interim period between sessions. During this time, legislative committees study a range of issues outlined in interim study resolutions passed by the Legislature.

A senator brings their idea for a new law to a bill drafter, who works with them to transform the idea into the proper legal form for a legislative bill. Bills introduced in Nebraska may only contain a single subject. Most bills are introduced during the first 10 days of the legislative session, which begins each January.

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 for public and legislative use. The first letters of the bill number indicate the type of bill: LB for legislative bills, LR for legislative resolutions, and CA for constitutional amendments.

The Legislative Fiscal Office prepares budget statements, known as fiscal notes, that estimate the anticipated change in state, county, or municipal expenses or revenue under the provisions of each bill. The fiscal note contains three estimates: one calculated by the fiscal office staff, one prepared by the governor's budget office, and a third prepared by the affected state agency. In addition, the fiscal office prepares appropriations bills ("A" bills), which accompany bills that have a fiscal impact.

A nine-member Reference Committee then determines which bills will go to one of the 14 standing committees. Most bills introduced into the Legislature must receive a public hearing by a committee. At hearings, citizens can express their opinions to committee members, and testimony is recorded and transcribed to become part of the official committee record.

Committees debate and propose amendments

The General File is the first time the full Legislature has the opportunity to debate and vote on bills. At this stage, senators consider amendments, which may be proposed by committees and individual senators. General File is considered the most crucial stage of the legislative process because it is where most compromises are reached. It takes a majority vote of the Legislature (25 votes) to adopt amendments or move a bill from General File to the next stage of consideration.

The Select File is the second debating and voting stage. This step allows another opportunity for amendment, compromise, and reflection. Bills on Select File may be indefinitely postponed or advanced to the next stage. After Select File, bills are sent back to E & R to be rechecked. Bills are then reprinted for Final Reading.

Before the final passage, all bills are constitutionally required to be read aloud in their entirety by the Clerk of the Legislature, unless three-fifths (30 members) of the Legislature votes to waive the requirement. A bill may not be amended or debated on Final Reading, but it may be returned to Select File for a specific amendment. Bills may not be voted on for final passage until at least five legislative days after the bill is introduced and one legislative day after it is placed on Final Reading.

The governor reviews the bill

Once a bill has passed the Final Reading stage, it is sent to the governor for review. The governor has five days, excluding Sundays, to decide what action to take. The governor has several options: they can sign the bill, in which case it becomes a state law; they can veto the bill, returning it to the Legislature unsigned; or they can choose to take no action, in which case the bill will automatically become a state law after five days. The governor also has the authority to use a line-item veto, which allows them to strike specific budget appropriations from the bill.

If the governor vetoes a bill, the Legislature can attempt to override the veto. However, this requires a significant majority—a vote of 30 senators out of 49. Most bills that are passed by the governor become law three months after the Legislature adjourns. However, if a bill includes an emergency clause, it may take effect much sooner—in some cases, immediately upon the governor's signature.

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