The first power reserved to the people of Nebraska in the state’s constitution is the initiative process, which allows for laws and constitutional amendments to be enacted independently of the Legislature.
Since 2014, Nebraskans have used the ballot initiative to raise the state’s minimum wage, reinstate the death penalty, expand Medicaid to 90,000 people and legalize casino gaming at horse tracks.
Other proposed measures have been kept off the ballot, however, after courts determined they violated the state’s single-subject rule, barring popular initiatives from changing more than one part of the law.
Lincoln Sen. Anna Wishart on Friday introduced a constitutional amendment (LR24CA) to clarify the state’s single-subject rule and eliminate uncertainty for future ballot measures.
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As it exists now, the single-subject rule states: “Initiative measures shall contain only one subject.â€
If approved by 30 senators and passed by voters in November 2022, the new rule would read: “Initiative measures shall contain only one general subject which may include provisions that have a connection to the general subject of the measure.â€
Wishart says she supports the single-subject rule, which was sponsored by another District 27 lawmaker — Sen. DiAnna Schimek of Lincoln — and supported by 71% of voters in 1997 after several groups tried a year earlier to join petitions together that had vague connections to one another.
Of the 26 states that allow citizens to initiate ballot measures, 15 require petitions address a single subject.
But recent court rulings have interpreted the single-subject rule too narrowly and diluted the Nebraskan's right to the initiative, Wishart added.
A co-organizer of Nebraskans for Medical Marijuana, Wishart said “every single sentence and word†of a petition signed by more than 182,000 people to legalize medicinal cannabis connected to the general subject.
Once signatures and the initiative’s language were certified by Secretary of State Bob Evnen, a legal challenge from Lancaster County Sheriff Terry Wagner argued clauses prohibiting smoking medical marijuana in public or while operating a vehicle violated the single-subject rule.
The matter went to the Nebraska Supreme Court, which in a 5-2 decision sided with Wagner and kept the measure from going before voters.
When medical marijuana backers submitted new, simpler petition language with the secretary of state's office last fall giving Nebraskans a "right to cannabis in all its forms for medical purposes," they learned it still may not meet the single-subject requirement.
That's a problem, Wishart said.
"My goal is for people to be able to introduce petitions that have one general subject, but also include provisions that connect to that general subject so you can have a well-thought out and well-developed petition," she said.
The constitutional amendment also would seek to eliminate what Wishart described as a "gray area," where even measures that are one sentence long can be rejected because of a technicality.
Wishart also joined Lincoln Sens. Matt Hansen and Adam Morfeld, as well as Omaha Sen. Megan Hunt, in bringing a bill (LB475) that would require the Nebraska Attorney General to issue a legal opinion on whether a petition's language would meet the single-subject rule before it was circulated.
The attorney general also would be required to suggest how petition language deemed in violation of the single-subject rule could be divided into "separate and distinct" measures.
Lincoln Sen. Eliot Bostar, with Wishart and Sen. Lynne Walz of Fremont, brought a bill (LB477) requiring the secretary of state to provide an advisory opinion about the legality of the object statement and proposed measure.
"I'm hopeful this package of legislation will bring more clarity to the petition process while still upholding the fundamental values of the single-subject rule," Wishart said.
Other bills introduced Friday:
SALES TAX: A bill (LB422) from Sen. Tom Briese of Albion would make all services subject to a sales tax beginning in the fall of 2022 with the revenue raised being used to lower the sales tax rate in Nebraska. Exemptions to the sales tax on services would need to pass separately.
HOME INSPECTORS: Before they could begin home inspections in Nebraska, inspectors would need to register with the secretary of state, pay a fee and provide a certificate of insurance, according to a bill (LB423) from Omaha Sen. Steve Lathrop.
WIND TURBINES: Sen. Tom Brewer of Gordon entered a bill (LB424) requiring counties to enact zoning provisions by Sept. 1 addressing setbacks, noise standards and decommissioning of wind energy farms.
BALLOTS: The Nebraska Secretary of State’s Office would be required under a bill (LB435) from Sen. Ben Hansen of Blair to design an official watermark to appear on election ballots in order to prove their authenticity.
ASIAN AMERICAN COMMISSION: A new commission would be established to enhance Asian American rights under a bill (LB442) sponsored by Lincoln Sen. Matt Hansen.
AG LAND VALUATION: Sen. Curt Friesen of Henderson also introduced a change (LB454) to how agricultural land is valued for the purposes of school district property taxes.
BROADBAND POLE: Broadband companies would be able to negotiate leased space on electric utility poles for a “just, reasonable and non-discriminatory†price, under a bill (LB455) from Friesen. Utilities would have the ability to file a complaint to the Public Service Commission to settle disputes.
BROADBAND ENHANCEMENT: The Nebraska Enhancing Broadband Act (LB458), also from Friesen, would facilitate the development of broadband networks in areas where internet speeds fail to reach 100Mbps download and 20Mbps upload.
CIGARETTE TAX: Omaha Sen. Machaela Cavanaugh introduced a bill (LB459) to increase the state cigarette tax by $1.50 a pack — from 64 cents to $2.14 — with revenue allocated to the state’s general fund and health care.
GAME AND PARKS: Landowners whose property is damaged by wildlife would be eligible to seek compensation from the Nebraska Game and Parks Commission under a bill (LB468) by Sen. Steve Erdman of Bayard.
EXCESSIVE FORCE BY POLICE: Law enforcement officers would be required to intervene when excessive force is used under the terms of a bill (LB472), introduced by Sen. Wendy DeBoer of Bennington.
MEDICAL MARIJUANA: Wishart's bill (LB474) would legalize medical marijuana in Nebraska.
CLIMATE CHANGE STUDY: The University of Nebraska would receive $250,000 from the Petroleum Release Remedial Action Collection Fund to submit a climate action plan by Dec. 15, 2022, according to a bill (LB483) by Omaha Sen. John Cavanaugh.
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