Bill debate continues in Legislature

The schedule of morning debate on the floor and afternoon public hearings continues for a few more weeks. At times, the days seem long, but soon the legislature will begin all-day debate before finally adjourning later this spring.

Three of my bills were heard in committee last week. On Tuesday, LB 453 and LB 454 were heard before the Transportation and Telecommunications Committee. LB 453 would allow the Nebraska Department of Transportation to change how the administrative costs of the Division of Aeronautics are paid out to free up about $2 million for grants to small airports. It would also change the required county contribution for bridge replacement from 50% to “up to 20%” to give NDOT flexibility in assisting smaller counties with bridge repairs and raise the threshold amount for road construction contracts to encourage smaller companies to bid on projects without needing to go through the burdensome prequalification and sealed bid process. I brought this bill to modernize statutes and help NDOT bring greater efficiencies internally and in project delivery with locals and contractors.

LB 454 would begin the process of finishing the expansion of U.S. 81 to a four-lane highway in the state, including between Norfolk and Yankton. U.S. 81 runs north-south through Nebraska and forms part of a transcontinental roadway known as the Pan-American Highway. My bill would require NDOT to plan, design and purchase right-of-way for U.S. 81 and declare legislative intent to appropriate funds. Finishing the expansion of U.S. 81 is not just new project; it is about finishing what was started 50 years ago. There are also notable economic, agricultural and safety benefits to expanding U.S. 81 as well. Both LB 453 and LB 454 received no opposition testifiers at the hearing.

On Friday, LB 767 was heard by the Judiciary Committee. LB 767 would increase the indigent defense filing fee from $3 to $8 to provide stable funding for the Nebraska Commission on Public Advocacy. The Commission was created in 1995 to provide property tax relief to counties but risks running out of money this year.

When people charged with first-degree murder and serious violent or drug-related felonies are unable to pay for their legal defense, the costs for the defense of the case always go to the counties unless the commission steps in. When the commission takes over a case, they provide services at no cost to counties. A typical murder court-appointed counsel will often bill the county at least $100,000, while capital cases can easily exceed half a million. Before the creation of the commission, smaller counties faced the prospect of raising property taxes or declaring bankruptcy if a person or group charged with serious or heinous crimes were unable to pay for their legal defense. I introduced this legislation to ensure counties in rural Nebraska have a backstop to provide legal defense to defendants in serious criminal cases in the event defendants cannot pay; I want to ensure counties do not have to resort to raising taxes on county residents to make up the difference.

The question of whether Nebraska will allow permitless carry was again considered by the legislature this week. Currently, to get a concealed carry permit, applicants must submit to a background check, pay a $100 fee and complete an approved handgun training and safety course. Under LB 77, introduced and prioritized by Sen. Brewer, people wanting to carry a concealed weapon would no longer need to obtain a permit, though the permitting system would still be available for those who want it. This bill, also referred to as the constitutional carry legislation, was filibustered for over eight hours during debate on General File. A cloture motion to end debate and allow for a vote on the advancement of the bill was successful on a 36-12 vote, after which LB 77 received first-round approval.

Additionally, senators are continuing to designate priority bills. Sen. Moser prioritized LB 706, which would allow NDOT to issue up to $450 million in bonds between 2023 and 2029 to accelerate completion of highway construction projects. Meanwhile, Sen. Linehan prioritized LB 753, which would adopt the Opportunity Scholarships Act and provide tax credits to fund education scholarships to assist eligible students to attend a qualified, nonprofit, private elementary or secondary school.

I would also like to announce that several cities and villages in the area received ambulance replacement offers from federal funds originating from last year’s LB 1014 pursuant to the federal American Rescue Plan Act of 2021. Wausa, Clearwater, and Elgin will each be offered $150,000. Meanwhile, Ewing, Newcastle, Verdigre, Ponca, Osmond, Stuart, Antelope Memorial Hospital in Neligh, Creighton ambulance Service, Wynot, Coleridge, Laurel, Atkinson, Bloomfield, and O’Neill will each be offered $75,000.

I welcome your thoughts, comments and ideas. Feel free to call my office anytime to 402-471-2801 or email me at [email protected]. My mailing address is: Senator Barry DeKay, District #40, P.O. Box 94604, State Capitol, Lincoln, NE 68509.