Legislature entering final three weeks

This week, my personal priority bill, LB1301, was put before the Unicameral for the first stage of consideration. LB1301 would modernize our state’s existing laws relating to foreign land ownership. The bill would add greater oversight and tighten restrictions on so-called restricted entities or their agents, trustees or fiduciaries, referenced in two federal lists: the persons and entities designated by the Office of Foreign Assets Control and the six countries designated as foreign adversaries by the United States Secretary of Commerce. LB1301 would also empower the Nebraska Department of Agriculture and the attorney general to be able to enforce the state’s foreign land ownership laws and update the mechanism for divestment. My bill represents the culmination of almost 12 months of work by my office and is a companion to another bill, LB1120 by Sen. Hardin, to add additional safeguards relating to foreign land ownership in Nebraska. After about 45 minutes of discussion, LB1301 was advanced to the second stage of consideration on a unanimous 39 to 0 vote.

Meanwhile, Sen. Albrecht’s LB441 was debated over the course of three days. LB441 would repeal the exemption from prosecution for those in educational institutions providing obscenity to minors in grades K-12. This debate was highly contested and included controversy relating to a segment of the bill’s public hearing transcript from the Judiciary Committee being read aloud on the floor. Supporters of the bill argued that LB441 would close an unintended loophole in statute that could permit teachers and librarians to provide obscene materials to minors. Opponents of the bill contended that LB441 missed the mark on its intended goal and could threaten the free speech of librarians, teachers and students.

After a tense debate, LB441 failed to receive the required 33 votes to invoke cloture, being defeated on a 30 to 17 vote, with two senators absent. I voted in support of LB441 because I felt the State Board of Education has largely neglected its responsibility to examine the obscenity issue and should consider revisiting its rules and regulations relating to learning materials to find areas in need of further clarity.

Sen. Bosn’s LB137 was considered during the second stage of debate. LB137 would enhance criminal penalties for distributing controlled substances which result in serious bodily injury or death to the consumer. During debate, opponents of the bill emphasized that there would be unintended consequences in the criminal justice system or result in more prison overcrowding. Supporters of the bill countered that LB137 would help hold drug dealers accountable in the midst of the national fentanyl crisis. After several hours of discussion, Bosn asked that LB137 be pulled off the agenda to find a compromise with opponents.

Finally, the legislature gave second-round approval to the budget adjustment bills LB1412 and LB1413. During debate, several changes were considered by senators. The Appropriations Committee’s initial proposal directed a total of $25 million into affordable housing efforts: $20 million to the state’s rural housing fund and $5 million to the state's middle-income workforce housing fund used largely in the Omaha and Lincoln areas. Sen.McKinney brought a proposal to split the $25 million evenly between the two funds. After a motion to reconsider, McKinney’s amendment to put $12.5 million into each housing fund was adopted on a 25-23 vote that was largely split between urban and rural.

I voted against McKinney’s amendment because I felt more weight should be given to rural areas since labor and supplies are less available in parts of greater Nebraska, which can significantly drive-up costs. Urban areas also generally benefit from economies of scale and have more funding options available via grants and other sources when compared to rural areas.

Several other amendments were also adopted which would appropriate $600,000 to the court system for court language interpreters as well as directing the Department of Health and Human Services to use all of the money appropriated for developmental disability services. LB1412 and LB1413 have been placed on Final Reading and must be passed on or before the 50th day of the session, or Tuesday, March 26, under the Legislature’s rules.

You can always contact me with your thoughts and opinions on bills that have been introduced. Call my Capitol office telephone number at 402-471-2801 or send email to [email protected]. My mailing address is: Senator Barry DeKay, District #40, P.O. Box 94604, State Capitol, Lincoln, NE 68509.