Introduction
At a time of increasing political tension and anti-LGBTQIA+ sentiment, many of us may feel helpless and frustrated.
However, action is the antidote to despair! Getting involved in local politics and using your voice can be an empowering experience, and importantly, it makes a real difference for LGBTQIA+ people in Nebraska and beyond.
In this guide, we’ll offer a brief explainer on how the legislative process works in the state of Nebraska, how to keep track of what bills are being proposed, how to participate in the political process, and how to build community support to stay engaged and inspired.
How the Legislative Process Works in Nebraska
While most states have two governing bodies — usually referred to as the House and Senate — Nebraska just has one.
This body is referred to either as the Nebraska State Senate (or state senators) or the Nebraska Unicameral (the unicameral).
Our state senate also doesn’t officially recognize party affiliations, which is known as being nonpartisan. So while the federal government in the United States is often staunchly divided between Democrats and Republicans, the Nebraska legislature aspires to be impartial wherever possible (though, of course, in practice this may not always be the case).
So how do our senators decide what becomes law?
The process generally follows three steps:
Step 1: Bill Proposal and Public Hearing
Before something becomes law in our state, it’s proposed as a bill.
Bills are sponsored by senators. While a bill may be suggested by the community, interest groups, or citizens impacted by an issue, only a senator can actually propose and sponsor a bill.
Once a senator proposes a bill, a committee is formed to discuss it. A public hearing will also be scheduled, where the community and committee gather together to discuss whether the bill should become law, or if that bill needs to be amended or struck down.
After that hearing, the committee assigned to the bill will vote to either strike down, advance, or amend the bill, meaning they may edit the bill per the feedback that was raised during committee and public discussion.
Only if the committee votes to advance the bill at this stage will it then be considered by the entire legislature (“the floor”).
Step 2: Floor Consideration
At this stage, a bill is debated by the floor — another way of saying, all of the senators in Nebraska. If a bill is to become law, it has to survive three stages of debate:
General File
This is where all senators are hashing out the details, including any major amendments or compromises that would secure the majority support from senators.
If the bill is going to be revised in a substantive way, this is typically when that happens. Bills at this stage will be advanced, amended, or killed. To advance to the next stage, the bill will need 25 votes (majority).
Select File
Another round of debate is held, followed by another vote. A bill can still be amended at this stage, though it is less likely to happen and more fine-tuned. Bills at this stage can still be advanced, amended, or killed.
Final Reading
Before a bill is passed, the bill will be read aloud by the Clerk (unless three-fifths of the legislature votes to not reread it). A bill won’t be debated or amended at this stage, but it can be sent back to Select File for a specific amendment.
Whether a bill passes the Final Reading depends upon what type of bill it is.
- If it’s an amendment to the state constitution, three-fifths of senators (30 votes) will have to approve it.
- Bills that have an emergency clause — meaning, it includes a “rush” in which the law would be enforced sooner than is typically legal — two-thirds of senators (33 votes) will have to approve it.
- In all other cases, a majority (25 votes) is required.
Step 3: Governor’s Approval
If a bill is advanced by the legislature after its Final Reading, it will be reviewed by the governor. The governor has a few options once a bill reaches their office:
Veto
Kill the entire bill. The only way senators can override a governor’s veto is by securing three-fifths of the legislature’s vote (30 votes).
Line-item veto
A governor can strike specific budget items from a bill, like deciding that the budget allocated for new playground equipment is too high, but otherwise keep the bill intact.
Not Sign
A governor can decline to sign a bill without vetoing it. This will delay the bill becoming law until the legislative session ends (slowing it down), but it does not prevent it from becoming law. A governor’s approval speeds up this process, but only a veto will end it.
Sign
Approve the bill in its entirety, thereby making it law.
How is a Bill Defeated or Struck Down?
A bill that doesn’t garner enough votes to pass to the next round or overcome a veto is defeated.
In Nebraska, a bill can also be filibustered (a senator or group of senators speak long enough to prevent a vote, which can only be overcome by two-thirds of senators then voting to end that filibuster, essentially raising the amount of support required for a bill to move forward).
If a bill takes too long to make it through to the governor, it is “indefinitely postponed” (meaning, it has to be reintroduced and start the process over).
Generally speaking, a legislative cycle takes two years, so a bill that isn’t passed before the current cycle has ended will be shelved.
A Quick Summary
For a bill to become law, first a senator must propose it, a committee must research it, and a public hearing must take place to debate its merits.
If a bill survives the committee, it goes to the entire legislature (all of the senators), who will then vote on it three different times (general file, select file, and final reading).
If a bill is advanced after those three rounds, the governor can sign or veto. The senators can override a veto only with a three-fifths majority.
How to Speak Out in Support or Against a Bill
While keeping informed about what bills are moving through the legislature, there are critical points at which everyday citizens hold special weight. One of those critical points is the public hearing, overseen by that bill’s committee.
Testify at a Public Hearing 🎤
A public hearing is when the committee responsible for researching a bill invites the public to speak out in favor or against a bill.
Testifying in-person is especially powerful because it signals to your state senators:
- “This issue is so important, I showed up in person to share what it means to me.”
- “I care about this enough to participate actively and early on in the process.”
- “As a constituent, I’m following what my representatives are doing.”
How to Testify In-Person
If you want to testify about a bill before the committee, you’ll go to ((LOCATION)) and fill out the sign-in sheet at the witness table.
For most hearings, you’ll be given 2-3 minutes to speak. We recommend writing it down, which would be about one page single-spaced or 500 words.
A chairperson of the committee will generally guide the meeting, including when bills are discussed and when testimony is given.
Your testimony should include:
- Your name and your connection to the bill
- Your ask (to stop the bill, amend it, or advance it) and why it matters to you
- Reiterating your ask and thanking the committee for their time
→ To see an example of a written testimony, click here.
How to Comment Online Before a Hearing
You can also comment on a bill prior to the public hearing if you’re unable to attend in-person.
You can do that online by following these steps:
- Find your bill: Use the Search Bills feature on the Nebraska Legislature website (there’s also a search bar on the right-hand side of the website).
- Give consent: Click “Submit Comments for [BILL]” and consent to the Written Submission pop-up box.
- Go on record (or don’t!): Click “Yes” to “Include Comment in Public Hearing Record” if you’d like your testimony included in the public record.
- Provide personal info: Fill out your personal information and ensure your email is accurate (this is how you’ll confirm your comment submission, and how a senator can get in touch with you if they’d like to respond).
- Give your statement: Include your written statement (word limit: 500 words). We recommend following the same template outlined for in-person hearings.
- Submit: Complete the reCAPTCHA prompt to ensure your comment isn’t spam, and then click “Submit Comment” at the bottom of the page.
Remember: Comments need to be submitted BEFORE the hearing itself. They are accepted up until 8 AM (CST) / 7 AM (MT) the day of the hearing.
While the legislature will continue to accept comments on a bill throughout the process, your feedback is most impactful prior to the public hearing.
Contact Your Senator ☎️
You can contact your senator at any time during a bill’s consideration.
Generally speaking, outside of the public hearing, your participation is most impactful during the general file stage of a bill, because that’s when the most substantial amendments to a bill are happening.
However, your feedback is always valuable and lets your legislators know that an issue matters and that their actions are visible to constituents. To learn who your senator is, click here.
Once you’ve looked up who your senator is through the link above, go to their landing page to get their contact information, as well as to learn what committees they’ve been assigned to, what bills they’ve proposed, and a little about their history.
You can email, call, or send a letter to your representative.
It can be helpful to learn a little more about your senator — like what occupations they’ve held and where they come from — to see what you might have in common, and what issues matter to you both, to find common ground when reaching out to them.
You can follow the same template as a testimony if you’re unsure what to say when contacting your senator.
How to Stay Informed About LGBTQIA+ Bills in Nebraska
You can stay up to date about the latest bills impacting LGBTQIA+ people in Nebraska by signing up for OutNebraska’s newsletter. We’ll send a monthly recap as well as time-sensitive alerts. → Click here to sign up 📬
