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Capitol Correspondent
Initiative 300 is valid, valuable public policy
With the number of days remaining in the Legislature's current session
having nearly run out--only three were left as of April 8--it became apparent
last week that several bills designated as priorities would not be
considered this year. LB 1086 was in that category of those on the
sideline.
Don't waste time lamenting that result.
LB 1086 proposed to create the Nebraska Agricultural Opportunities Task Force, consisting of 15 to 20 members appointed by the governor, to advise the Legislature whether the goals of Article XII, section 8 of the Nebraska Constitution have been realized (only after interpreting what those goals are, apparently) and also about "its positive and negative effects on issues of importance to the future of agriculture." The authority included making recommendations for changing this part of the Constitution.
It's I-300
Article XII, section 8 is more commonly referred to as Initiative 300.
It restricts corporate farming and ranching. More specifically, it restricts agricultural land ownership and engagement in farming and ranching under the shield of limited liability and tax benefits of non-family corporations. It has been part of the Nebraska Constitution for more than 20 years, having qualified as a ballot issue in 1982 pursuant to a citizens' initiative petition drive.
Rightfully, supporters of Initiative 300 have been wary of LB 1086. They have viewed it as a potential threat to a longstanding public policy that is working as intended. Rightfully, they assert there is no compelling need or justification for any such study.
As mentioned numerous times in this column, the Nebraska Catholic Conference is aligned with supporters of Initiative 300. At its meeting in early February, the governing board of the Conference decided unanimously to publicly express that support once again, by opposing LB 1086. Following are excerpts from testimony presented on behalf of NCC at the February 17 public hearing on this bill:
"...As we interpret the bill's premise, it is that Article XII, Section 8 of the Nebraska Constitution--best known as Initiative 300--must be moderated, weakened or diminished in some fashion, although perhaps not totally nullified. The Nebraska Catholic Conference does not agree with that premise. In our view, Initiative 300 continues to be a valid and valuable public policy, which should be sustained.
"In order to explain further our rationale for opposing this bill, ...a bit of historical background: In the mid and late 1970s, even before the petition drive that resulted in Initiative 300 was launched, the Nebraska Catholic Conference joined with other church groups, organizations and family-farm advocates in urging enactment of statutory limitations on investment-motivated land ownership and agricultural enterprises by non-family-farm corporations.... When legislative efforts were stymied and unsuccessful, the Conference supported the initiative petition drive and then endorsed Initiative 300 when it qualified as a ballot question for the 1982 General Election. We applauded its passage, and subsequently have joined with others in opposing efforts to repeal or weaken it....
"The Conference's position on Initiative 300 stems from support for the traditional concept of owner-operated family farms and ranches, for a family-based food production system and for principles related to ownership of land and stewardship of natural resources. It is also based upon concern over the concentration of land ownership in fewer and fewer hands and the risk that non-family, investment-motivated corporations and absentee ownership will dominate production agriculture. And, it is based upon concern for maintaining the culture and values of rural communities, in many of which, and so often, the Church's presence is deeply rooted.
"The Conference's view on these vitally important public-policy issues is grounded in Catholic social teaching, including these two principles:
first, that economic life is not meant solely to multiply goods produced and increase profit or power; it is ordered first of all to the service of persons and of the entire human community; and secondly, that those responsible for business enterprises are responsible to society for the economic and ecological effects of their operations. They have an obligation to consider the good of persons and not only the increase of profits.
"More than 20 years ago, when we heard those who formulated Initiative 300 consistently describe its purpose as maintaining a level playing field between traditional family farms and ranches and investment-motivated, limited-liability entities, often controlled by absentee owners, that description and that message resonated with our Conference, particularly in the extent they align with our principles of social justice.
"As we consider LB 1086, in particular Section 4 of the bill, it strikes us that the underlying purpose of Article XII, Section 8 of the Constitution, steeped in social justice as we view it, is intended to be significantly weakened or diminished by the process set forth in the bill.
The presumed outcome is that modifications are necessary and will have instant credibility as recommendations from a gubernatorial task force.
"...We look upon Initiative 300 as important public policy that assists in a cause of social justice and a cause of preserving a way of life that is to be highly valued. It should not be weakened or diminished. We see LB 1086 as a step toward doing just that...."