The Ernie factor

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By NANCY HICKS / Lincoln Journal Star

Ernie Chambers, the state senator with the most longevity, the only African American among 49 lawmakers, has carved out a unique position in the state’s single-house legislature. He’s the gatekeeper. He’s the road block. He helps improve poorly drafted bills. And he wastes time.

As senators move into the final month of this legislative session, they face pressure to pass bills to help the University of Nebraska remodel and repair buildings, to help Omaha pay for the Qwest Center, to restrict the use of eminent domain, to encourage Nebraskans to buy nursing home insurance, to increase the minimum wage and more.

They will also have to contend with the Ernie factor.

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Sen. Ernie Chambers of Omaha expresses his opposition to LB454, a legislative bill that would allow residents of Nebraska to carry concealed handguns, during second round debate at the state capitol Friday, March 10, 2006. (AP file photo)

Sen. Ernie Chambers of Omaha expresses his opposition to LB454, a legislative bill that would allow residents of Nebraska to carry concealed handguns, during second round debate at the state capitol Friday, March 10, 2006. (AP file photo)

By NANCY HICKS | Lincoln Journal Star

The Legislature is nearing the final stretch of the short 60-day session. Just 19 working days remain, and more than 450 bills sit in the wings.

Most of these measures will die a quiet death when senators return to their private lives in mid-April.

But senators will pass a budget bill, a tax cut package and a sexual predator bill. They may deal with the fight between the Omaha Public Schools and its neighboring suburban districts if members of the Education Committee can find a compromise.

And along the way, they will deal with the Ernie factor.

Sen. Ernie Chamber, the Omaha senator with the prodigious memory and the melodic, lilting voice, has carved out a unique roll in the single-house legislature: He uses up time.

Several years ago Chambers brought a large hourglass into the legislative chamber, a visual reminder of the hours he can devour talking, telling stories, ranting, cajoling — using the rules that give everyone a chance to amend bills.

Every year, Chambers slows down the legislative process in the early months to try to make sure measures, particularly conservative social issues he abhors, have less chance of passage. He also does it to simply show his power.

Along the way, he cleans up poorly written bills.

And he wastes time.

This year, Chambers spent an entire morning going over the records of people appointed to several boards that need the Legislature’s approval, a routine issue that normally takes a few minutes.

Still, he was not able to stop the movement of several controversial bills. Late last week, senators gave second-round approval to two measures Chambers opposes: giving Nebraskans the right to carry concealed weapon and making the serious injury of a fetus a specific crime. Both appear headed for final passage.

Chambers has threatened retribution.

“If this moves I’m going to abort some other bills. I’m going to go after the budget. Oh, I’m going to get even, Brothers and Sisters,” he said during the fetal assault debate.

Friday afternoon, Chambers was carrying a copy of every bill that is on the Monday legislative agenda into his office.

“I will have something to say on every one of these,” he said.

And Chambers said he will be doing some talking about the budget bills during debate that begins on Tuesday, said Appropriations Committee Chairman Don Pederson.

Senators, for the most part, downplay the frustration with Chamber’s delaying tactics, in part perhaps out of self-preservation. No one wants the Omaha senator picking on his or her bills.

And some believe the Ernie factor is overplayed.

A Legislature should never be judged by the number of measures that pass, said Sen. Pat Bourne of Omaha, chairman of the Judiciary Committee.

“The Legislature will craft an appropriate budget bill that will provide for the needs of the state. We will have a meaningful tax cut. And we will do what the public needs on sex predators, and meth treatment,” he said.

Neither Speaker of the Legislature Kermit Brashear of Omaha, who manages the daily agenda and consults frequently with Chambers, nor Chambers himself would reveal their game plans.

Asked what he plans to do the rest of the session, Chambers pulls out one of his favorite quotes from Gen. Stonewall Jackson.

“If the sleeves of my coat knew my plan, I’d have to burn my coat.”

Asked how much the Legislature would likely accomplish during the remaining month, Brashear answers obliquely: “You can only do what you can do.”

Reach Nancy Hicks at 473-7250 or nhicks@journalstar.com.

What’s left

Senators will spend much of the next four weeks on these issues:

Budget bill

Senators will tweak the $6.2 billion two-year budget they created last year. The Legislature has always finished up budget work before the session ends.

State tax dollar spending will increase by about 7.3 percent each of the two years. And there will be about $114 million left over that senators can use for tax cuts and pet projects.

The Appropriations Committee has recommended helping all state agencies with rising utility costs and paying some of the University of Nebraska’s clean-up costs.

Tax cuts

The 49 senators undoubtedly will pass a tax-cut package. There’s plenty of extra money, and Gov. Dave Heineman wants a tax-cut package under his belt as he moves into the May 2 primary against Rep. Tom Osborne, R-3rd District.

The tax-cut package has a little something for almost everyone. It includes income-tax changes that will affect all income levels, a reduction in the value of ag-land property, greater homestead exemptions for lower income seniors and people with disabilities, and elimination of the sales tax on home remodeling projects.

Sexual predator bill

The Legislature will very likely pass a bill improving monitoring of sexual offenders after release from prison and sending them to prison for longer periods of time.

The bill would allow local communities to keep sex offenders who have assaulted children from living within 500 feet of schools or day-care centers. Several communities already have passed ordinances creating a 2,000-foot zone around schools and other areas frequented by children.

Regent David Hergert

Senators will debate a resolution to impeach University of Nebraska Regent David Hergert for violating several campaign finance laws when he ran for office in 2004.

Sen. Ernie Chambers has promised he will offer a resolution if the special committee set up to look at the issues doesn’t recommend impeachment. Senators would be asking the state Supreme Court to remove Hergert from office through the impeachment vote.

Omaha versus suburban schools

Senators may resolve the fight between Omaha Public Schools and surrounding suburban schools. OPS leaders have said they intend to take over property that is now inside the Omaha city boundaries but is part of a suburban school district. The suburban schools are fighting that plan.

At stake is more than $5 billion in property valuation, millions in state aid and more than 11,000 students.

Education Committee Chairman Ron Raikes of Lincoln is hoping the committee will recommend a compromise plan early next week. The plan would give school districts secure borders but require them to work together in a formal way, sharing a financial base. It likely will include about $20 million in additional state aid for students with special needs and higher transportation costs.