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Nebraska Legislature gathers for photo on final day
LINCOLN — On the final day of their legislative session, Nebraska lawmakers passed a controversial “end run” bill to appropriate $10 million per year on private school scholarships.
The Nebraska Legislature voted 32-14 to pass Legislative Bill 1402 Thursday. Before final passage, the bill received the minimum 33 votes needed to end an opposing filibuster.
The scholarship measure is aimed at providing “school choice” options for K-12 students. It’s also an attempt to circumvent a voter referendum this fall on repealing like-minded legislation.
If signed by Gov. Jim Pillen, as expected, LB 1402 would appropriate $10 million to scholarship funds for private and parochial schools for each of the next three years. It does not call for future increases in funding.
Linehan
The bill’s introducer, State Sen. Lou Ann Linehan of the Omaha area, intends the bill to replace a law passed last year — LB 753 — which she had introduced to provide dollar-for-dollar tax credits for private donations to such scholarship funds. Last year’s law is being targeted through the referendum.
Direct appropriations, such as the ones planned in LB 1402, are not subject to being repealed by a referendum, according to state law.
As a result, passage of LB 1402 means Nebraska would continue to use public dollars — directly, in this case — to support private and parochial school students, regardless of the outcome of the referendum vote.
Linehan has not disputed that LB 1402 was an “end run” to get around the referendum. She described the petition drive as a “mischievous, unfortunate, dishonest campaign.”
Under the bill, LB 753 would be repealed, rendering the referendum meaningless.
Opponents of LB 1402 argued the bill was an attempt to silence the voices of Nebraskans who signed the petition and wanted a chance to decide the issue. Petition circulators had collected about 117,000 signatures to put the issue on the ballot.
“Whether or not you don’t like how it got on the ballot, it’s on the ballot,” said Sen. Wendy DeBoer of Bennington. “And I trust the voters of Nebraska to be able to weigh the information and decide.”
Supporters of LB 1402 said all Nebraska students deserve a wide range of options for their K-12 education, regardless of their family income.
The bill divided lawmakers in a similar way LB 753 did last year, with several Republican lawmakers on the fence as it progressed through three rounds of debate. One of those lawmakers, Sen. Myron Dorn of Adams, voted in favor of the motion to end the filibuster as well as the underlying bill, despite saying he didn’t support it.
Dorn said Thursday that he didn’t support funding for such scholarships, but said he gave Linehan his word that he would support cloture. After listening to his constituents and weighing the pros and cons, he said he determined LB 1402 was an important enough bill to pass the Legislature.
Public school educators have contended that state funding, directly or indirectly, for private school scholarships risks depleting funding for public education.
Linehan and others disagreed, saying the private school scholarships were approved even as lawmakers worked on legislation to boost state funding for public schools.
“I’m fighting for school choice because, frankly, I fight for kids,” Linehan said.
The Nebraska State Education Association was one of the main sponsors of the referendum, and is organizing a protest at the State Capitol later this week against LB 1402.
Shortly after Gov. Jim Pillen signed LB 753 last year, a new group called Support Our Schools Nebraska launched a petition drive to force a vote on repealing the bill. During the three-month petition drive, another new group called Keep Kids First worked to discourage people from signing the petition. Linehan was affiliated with Keep Kids First.
Linehan made other efforts to prevent the referendum from reaching the ballot, including asking that the secretary of state remove the initiative from the ballot. That request was denied, but Linehan now has apparently succeeded in thwarting the referendum anyway.
Opponents of LB 1402 are considering a legal challenge, based on a provision in the Nebraska Constitution that states the Legislature cannot appropriate public dollars for private schools.
State Sen. Julie Slama of Sterling speaks as the Nebraska Legislature is in session at the Nebraska State Capitol in Lincoln on Thursday, April 18, 2024.
State Sen. Mike McDonnell of Omaha speaks on the floor as the Nebraska Legislature is in session at the Nebraska State Capitol in Lincoln on Thursday, April 18, 2024.
State Sen. Lou Ann Linehan of the Omaha area speaks about property tax legislation as the Nebraska Legislature is in session at the Nebraska State Capitol in Lincoln on Thursday, April 18, 2024.
State Sen. Danielle Conrad of Lincoln speaks on property tax reform as the Nebraska Legislature is in session at the Nebraska State Capitol in Lincoln on Thursday, April 18, 2024.
State Sen. Julie Slama of Sterling speaks as the Nebraska Legislature is in session at the Nebraska State Capitol in Lincoln on Thursday, April 18, 2024.
State Sen. Lynne Walz of Fremont, left, talks with State Sen. John Fredrickson of Omaha as the Nebraska Legislature is in session at the Nebraska State Capitol in Lincoln on Thursday, April 18, 2024.
State Sen. Lynne Walz of Fremont, left, talks with State Sen. John Fredrickson of Omaha as the Nebraska Legislature is in session at the Nebraska State Capitol in Lincoln on Thursday, April 18, 2024.
State Sen. Julie Slama of Sterling, left, talks with State Sen. Jane Raybould of Lincoln as the Nebraska Legislature is in session at the Nebraska State Capitol in Lincoln on Thursday, April 18, 2024.
Television cameras record as the Nebraska Legislature is in session at the Nebraska State Capitol in Lincoln on Thursday, April 18, 2024.
State Sen. R. Brad von Gillern of Elkhorn, left, talks with State Sen. Eliot Bostar of Lincoln as the Nebraska Legislature is in session at the Nebraska State Capitol in Lincoln on Thursday, April 18, 2024.
State Sen. Robert Clements of Elmwood speaks as the Nebraska Legislature is in session at the Nebraska State Capitol in Lincoln on Thursday, April 18, 2024.
State Sen. Teresa Ibach of Sumner, left, talks with State Sen. Jana Hughes of Seward as the Nebraska Legislature is in session at the Nebraska State Capitol in Lincoln on Thursday, April 18, 2024.
State Sen. Jana Hughes of Seward speaks as the Nebraska Legislature is in session at the Nebraska State Capitol in Lincoln on Thursday, April 18, 2024.
From left: State Sen. Lynne Walz of Fremont, State Sen. Eliot Bostar of Lincoln and State Sen. Anna Wishart of Lincoln talk as the Nebraska Legislature is in session at the Nebraska State Capitol in Lincoln on Thursday, April 18, 2024.
State Sen. Myron Dorn of Adams listens to a speaker as the Nebraska Legislature is in session at the Nebraska State Capitol in Lincoln on Thursday, April 18, 2024.
State Sen. Megan Hunt of Omaha speaks as the Nebraska Legislature is in session at the Nebraska State Capitol in Lincoln on Thursday, April 18, 2024.
State Sen. R. Brad von Gillern of Elkhorn, left, talks with State Sen. Lou Ann Linehan of the Omaha area as the Nebraska Legislature is in session at the Nebraska State Capitol in Lincoln on Thursday, April 18, 2024.
State Sen. Jana Hughes of Seward reads something on her desk as the Nebraska Legislature is in session at the Nebraska State Capitol in Lincoln on Thursday, April 18, 2024.
Someone wearing a “public money for public schools” shirt watches State Sen. Lou Ann Linehan of the Omaha area speak the Nebraska Legislature is in session at the Nebraska State Capitol in Lincoln on Thursday, April 18, 2024.
State Sen. Lou Ann Linehan of the Omaha area, left, and State Sen. Justin Wayne of Omaha talk as the Nebraska Legislature is in session at the Nebraska State Capitol in Lincoln on Thursday, April 18, 2024.
State Sen. Steve Halloran of Hastings reads something at his desk as the Nebraska Legislature is in session at the Nebraska State Capitol in Lincoln on Thursday, April 18, 2024.
State Sen. Julie Slama of Sterling holds her son Clyde Winfred LaGrone II as she talks about LB 1402 as the Nebraska Legislature is in session at the Nebraska State Capitol in Lincoln on Thursday, April 18, 2024.
State Sen. Lou Ann Linehan of the Omaha area talks about LB 1402 as the Nebraska Legislature is in session at the Nebraska State Capitol in Lincoln on Thursday, April 18, 2024.
State Sen. Tom Brewer of Gordon speaks on the floor as the Nebraska Legislature is in session at the Nebraska State Capitol in Lincoln on Thursday, April 18, 2024.
State Sen. Lou Ann Linehan of the Omaha area, left, talks with State Sen. Loren Lippincott of Central City as the Nebraska Legislature is in session at the Nebraska State Capitol in Lincoln on Thursday, April 18, 2024.
ebamer@owh.com Twitter @ErinBamer
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Nebraska Legislature gathers for photo on final day
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