Drone bill amended to become omnibus administrative measure, advanced
A bill that would outline criteria for state drone purchases was amended to include the provisions of four additional bills and given first-round approval April 23.
LB660, sponsored by Omaha Sen. Bob Andersen, would create the Secure Drone Purchasing Act. Beginning Jan. 1, 2027, state agencies or other entities using state funds could purchase only drones that do not present a threat to the state and are:
• cleared by the U.S. Department of Defense Blue UAS program;
• compliant with the National Defense Authorization Act of 2024; and
• designed, maintained modified or operated in a manner incapable of transmitting data to unauthorized persons.
The bill would require the state Department of Transportation’s Division of Aeronautics to create and maintain a list of secure drones that meet the above criteria and are authorized for purchase before Jan. 1, 2026.
The division also could consult with cybersecurity experts to ensure the integrity and security of data collected by aerial systems used in Nebraska. This list of authorized drones must be available on the division’s website and updated at least every six months.
Andersen said the measure would ensure that the tools that law enforcement use to protect Nebraskans don’t become “back doors for surveillance or data theft by foreign or hostile actors.”
A Government, Military and Veterans Affairs Committee amendment, adopted 33-0, would add the provisions of four additional bills heard by the committee this session.
Andersen, committee vice chairperson, said the amendment was the result of a great deal of work and compromise by all of the bill introducers and stakeholders.
“All elements of this committee package are designed to make our government more secure, more efficient and more accessible to Nebraskans,” he said.
Provisions of LB29, sponsored by Lincoln Sen. Danielle Conrad, would require a review every five years of all existing and pending rules and regulations under the state’s Administrative Procedures Act.
The provisions would require each agency head to designate an individual to be responsible for the review. A report would be submitted to the Clerk of the Legislature detailing the necessity of each new rule or regulation, its cost and benefits, processes for measuring effectiveness and whether a new rule or regulation was necessitated by state law, federal mandate or court decision.
Rulemaking would be suspended pending review unless a new rule or regulation is time sensitive, necessary for public health or safety or subject to state or federal legal deadlines.
Conrad said Nebraska’s regulatory code can be confusing and expensive for residents and companies to navigate and that her proposal would alleviate some of those regulatory burdens.
The amended provisions of LB445, introduced by Elkhorn Sen. R. Brad von Gillern, would create the State Building Construction Alternatives Act. The provisions would allow the State Building Division of the Department of Administrative Services to utilize a design-build contract or a construction manager-general contractor contract for state buildings.
Von Gillern said most state projects still would use the traditional design-build method.
“The [amendment] provides for an approval process through DAS in which a requesting agency must demonstrate that one of these alternative contracting methods is justified,” he said.
The provisions outline the guidelines for such contracts and the selection process and would:
• increase the construction project threshold requiring a professional consultant from $50,000 to $75,000 and allow for adjustments every four years;
• alter the requirement of a report on availability of state-owned property to be “upon request” instead of annual; and
• provide waivers to a current requirement that 1% of all appropriations for new construction of public-facing state buildings be designated for works of art.
LB662, sponsored by Andersen, would create a new section of law relating to the state’s receipt of federal funds. The amended provisions would require state agencies receiving appropriations from the Legislature to prepare a federal funding inventory every even-numbered year and submit a report to the director of the Department of Administrative Services.
Among other provisions, the inventory would include:
• the agency’s total expenditure of federal funds during the prior fiscal year;
• the total amount of federal funds appropriated to the agency by the Legislature;
• the percentage of the agency’s total budget that the expenditures represent;
• any requirements for a state match and a copy of any related agreements;
• a contingency plan if federal funds were to be reduced by 10% or more; and
• a detailed description of actions taken to obtain federal funds.
“This is about more than just numbers, it’s about ensuring that state leaders and Nebraska taxpayers understand the full scope of our reliance on federal resources,” Andersen said.
Finally, the provisions of LB664, introduced by Whitman Sen. Tanya Storer, would make a number of changes to the Administrative Procedures Act. The provisions would require that agencies considering a new rule or regulation under the act accept comments or written materials from any person by electronic or mail submission.
The provisions also would change the venue rules regarding where an individual may file a challenge to the validity of a rule or regulation. In addition to the District Court for Lancaster County, venue also would be proper in the petitioner’s county of residence or where their principal place of business or agency headquarters are located.
Storer said the measure would provide greater access to the legal system to rural businesses wishing to contest administrative actions.
“Unfortunately, it is difficult at best to challenge rules and regulations that have been misapplied or violate the law entirely,” she said. “These court venue restrictions place an undue burden on small businesses that cannot afford costly travel and prohibitive legal fees.”
After adopting a technical amendment offered by Conrad on a 33-0 vote, lawmakers advanced LB660 to select file 38-0.
