The Nebraska Cattlemen faced some critical issues during the last session of the Unicameral, which ended in April. Several key bills were debated that will have far-reaching impact on our lives and our ability to continue as cattle producers. I don’t recall a session that had so many priorities coming at us at once. That was only the beginning of the challenges. It was a short session (60 days), which always makes passage of bills difficult. There were some contentious issues, such as the concealed weapons bill and Omaha schools turf wars that divided the chamber, generated hours of debate, and used a lot of precious time. It was also the last chance for 20 term-limited senators to pass bills that were dear to them. When you add it all up, the odds of passing NC’s priority bills seemed long indeed.

We knew in advance the difficulties we’d be facing, so we planned carefully on how to proceed. I am proud of the effort given by NC staff Michael Kelsey and Duane Gangwish, and the board members who were focused and dedicated. Hundreds of hours were spent talking to senators, friend and foe, explaining NC’s positions on bills. Just as important was involvement of the many NC members who contacted their senators or came to Lincoln to give testimony. The sum total of our collective effort was the passage of several key bills that we care about deeply. We turned long odds into one of the most successful legislative sessions that NC has ever had! But no bill commanded more of NC’s attention and effort than our top priority, LB975.

LB975 is a significant rewrite of the rules governing Confined Animal Feeding Operations (CAFO). If you are a rancher and believe those rules don’t concern you, think again. They are written in a way that includes many ranches, especially those that background calves or confine replacement heifers.

We were well aware of the difficulties of passing any bill this year. Worse yet, CAFO bills are lightning rods that typically attract the most passionate efforts of NC’s traditional opponents. We knew that a bitterly contested bill would have little chance of passage. However, we needed LB975 to become law quickly. Time was running out for many producers who desperately needed these changes.

Our plan to pass LB975 was put into action in February 2005. We gathered a group of cattlemen, environmental consultants and interested senators and laid out the issues. We followed up by working with Sen. Ed Schrock, chairman of the legislature’s Natural Resources Committee, to draft a bill. Included in the drafting were Farm Bureau, Pork Producers, Nebraska Poultry Federation and others. There were meetings with the Nebraska Department of Environmental Quality (DEQ) to gain their input and buy-in. This, however, would not be enough. We needed allies where we often find opposition.

NC initiated a meeting with the Farmers Union and Center for Rural Affairs. The purpose was to deliver a simple message: We needed their cooperation on this bill because we all had members who were being put out of business by the current regulations. They agreed that we had found a common cause. Next, the Farmers Union asked NC’s Gangwish to speak to a collection of groups including WIFE, Mid Nebraska Pride, R-CALF, the Grange and the Sierra Club. Duane explained the issues and how the bill could help. He asked for their support, or at the very least, for them not to oppose the bill. The response was encouraging.

However, we were far from done. No senator had made the bill a priority when NC’s Legislative Committee (the board plus committee vice chairs) met on Jan. 25. The bill was to be heard by the Natural Resources Committee the next day and no priority status would mean zero chance of passage. Our Legislative Committee went over the bill in detail and we instructed members to discuss it that night when we hosted a dinner for senators. Thirty-one senators and the governor attended our legislative dinner, and each got an earful about LB975. I believe this was truly the watershed moment for the bill. Several senators said they would consider making the bill a priority if the Natural Resources Committee did not. All of them were now informed about LB975 and most pledged to support it. I can’t emphasize how effective our board was during that January evening in Lincoln. Each one of them deserves a pat on the back.

When it was time to present the bill to the Natural Resources Committee, the hearing room was full and I’m sure the committee members were bracing for the usual dogfight. First to testify was Schrock, who introduced the bill. He was followed by DEQ. They explained the bill and why they supported it. Supporters were asked to testify. NC President Pete McClymont was first, followed by me, the state Farm Bureau and the Pork Producers.

What happened next was what impressed the committee. Farmers Union, the national Sierra Club and the state chapter of the Sierra Club all testified in support. In fact, when Sierra’s Ken Winston approached the chair, he stated, “I hope the Sower doesn’t fall from the top of the Capitol, but I’m going to support this bill.” When the chairman asked for testimony against the bill, there was none.

The committee was very pleased that a coalition had worked together. They rewarded us by passing the bill immediately. Even more important, they made LB975 a committee priority out on the floor.

Nervous days followed as the bill worked its way through three rounds of floor passage. Senators Beutler and Chambers opposed the bill for a time until some of their concerns were addressed. Several amendments were considered and some changes were made. Some of the coalition’s unity began to fracture over discussions of Conditional Use Permits, but compromise prevailed. In the end, the bill was passed and the governor signed it.

We still have a great deal of work to do. LB975 does not address everything we need concerning CAFOs and environmental regulation. NC will work diligently to petition rules from the state Environmental Quality Council that protect the environment without destroying livestock production in the process. Regardless, LB975 was a monumental achievement and one that all NC members should be proud of. 

 Jay Wolf, an Albion feeder, is NC president-elect and chairman of the association’s Legislative Committee.