Week 7 Report

By Andy Pollock and Brent Smoyer

As the Nebraska Examiner said in its report on last week’s most significant legislative hearing by the Appropriations Committee:

“From child care to tourism, housing and wildlife, advocates of various Nebraska industries spoke in opposition Tuesday to Gov. Jim Pillen’s budget bills.”

As expected, there was significant opposition to the Governor’s budget legislation, which relies heavily on the elimination of programs and sweeps of cash funds that are generated by user fees and surcharges for a particular purpose. This opposition will continue to sound as the Appropriations Committee hears from state agencies and commissions about program and fund cuts.

Senators during last week’s got a little bristly, breaking the decorum that has prevailed during the first seven weeks of the Session. Sen. Terrell McKinney (Omaha) led a filibuster of legislation that would mandate that drivers for ride-sharing corporations, like Uber and Lyft, would be considered independent contractors and not employees. Introduced by Sen. Bob Hallstrom (Syracuse), the legislation survived the filibuster, advancing on a vote of 33-16. For more information see this Nebraska Examiner article.

Debate also got heated not about legislation on the agenda, but rather about a column Sen. Loren Lippincott (Grand Island) penned that was critical? “diversity, equity, and inclusion” (or “DEI”) programs. The column drew sharp criticism from African-American senators in the body as well as white Democrats. Drawing particular fire were his suggestion that the recent aviation tragedies were the result of DEI recruitment programs and his statement that “Melanin concentration in a person’s skin…should have nothing to do with hiring.” For a story on the controversy and a copy of Sen. Lippincott’s column, see this story on Nebraska Public Media.

Get to know your Public Service Commission

This week, rather than featuring a standing Committee of the Legislature, we will report on the Nebraska Public Service Commission, a relatively unknown agency with substantial regulatory authority over several industries.

The Commission is composed of five Commissioners who represent five districts of Nebraska. Each commissioner is elected to serve a six-year term as the Nebraska Constitution prescribes. Term limits do not apply to the Commission. The districts are intended to be substantially equal in population. In addition to regulating telecommunications and broadband, the Commission regulates natural gas rates, motor carriers (buses, limousines, and taxis), railroads, and grain warehouses. The Commission also oversees and administers funds such as the 911 Service System Fund and the Nebraska Universal Service Fund (NUSF).

The NUSF program brings in and doles out over $40 million annually. Its primary purpose is to help telecommunications carriers and broadband providers defray the extremely high cost of serving customers in rural areas outside of cities. The public would be well advised to keep an eye on how these funds are spent. According to the Nebraska Supreme Court, the Commission is a quasi-political body and quasi-judicial body.

Dan Watermeier

Commissioner Dan Watermeier serves District 1, which comprises eight counties in southeast Nebraska and includes the city of Lincoln. A former state Senator, Watermeier was first elected to the Commission in November 2018. As Commissioner, he aims to improve 911 services and broadband delivery. Watermeier recently completed service as Chair of the Commission. He is a farmer by trade.

Tim Schram

Commissioner Schram serves District 3, consisting of three counties in eastern Nebraska. A Commissioner since 2006, Schram is the longest-tenured member of the Commission and currently is the Chairman. Schram’s stated goals include increasing the safety, quality, and reliability of Nebraska’s public services. A former member of the Sarpy County Board, Schram has served as a politician since 1996 in various capacities.

Christian Mirch

Commissioner Mirch serves District 2, Nebraska’s smallest district by land mass, comprised solely of eastern Douglas County – meaning metro Omaha. Mirch was appointed to the Public Service Commission by Governor Jim Pillen to serve the remaining four years of a six-year term. An attorney by trade and a former police officer in the Omaha Police Department, Mirch has had a diverse set of professional experience.

Eric Kamler

Commissioner Kamler serves District 4, encompassing thirty-one of Nebraska’s counties, mainly in a column stretching from the South Dakota border to the Iowa border down the east-central part of the state, as well as northeast Nebraska. A member of the Commission after defeating an incumbent in 2023, Commissioner Kamler is one of the newer members of the Commission. Formerly Mayor of Geneva, Kamler has a history of public service. Prior to entering public service, Kamler also worked on his family’s farm. His stated goals are increasing accessibility of public services, improving the reliability of 911 services and expanding high-speed and reliable broadband services throughout the state. Kamler is the vice-chairman of the Commission

Kevin Stocker

Commissioner Stocker serves District 5, Nebraska’s largest district by land mass, comprises 51 total counties. Commissioner Stocker has been a member of the Commission since 2023. He also beat an incumbent to win the seat. Stocker’s stated goal is to bring broadband to District 5’s underserved and unserved areas.