Session Review: Government, Military and Veterans Affairs
Lawmakers considered efforts this session to define male and female in state law for access to school sports, update election laws and reinstate a winner-take-all system for allocating Nebraska’s presidential electoral votes.
LB89, introduced by Omaha Sen. Kathleen Kauth at the request of Gov. Jim Pillen, restricts participation in K-12 and postsecondary school sports to teams that correspond to a student’s sex as defined in the bill.
Students will be required to provide confirmation of their sex through a document signed by a doctor or under the authority of a doctor in order to participate in a sport that is designated for a single sex. Female students may participate in sports designated for males if no female-only alternative exists. The act does not restrict participation in coed sports.
LB89 requires the governing body of each school that is subject to it to adopt a policy implementing the act. The measure will apply to private schools only if the school’s students or teams compete against a public school in an interscholastic sport or the school is a member of an athletic association.
The bill passed on a vote of 33-16.
A measure that establishes registration and reporting requirements for certain foreign entities in Nebraska also passed this session.
LB644, introduced by Sen. Eliot Bostar of Lincoln at the request of the governor, creates two new acts in state law: the Foreign Adversary and Terrorist Agent Registration Act and the Crush Transnational Repression in Nebraska Act.
Under the bill, agents of foreign principals from adversary nations or terrorist organizations are required to file a detailed registration statement with the Nebraska Attorney General’s Office, including the nature of all activities, agreements and financial transactions.
State employees currently required to file financial interest statements will be required to deny foreign agent status under the measure, and businesses and nonprofits are required to indicate compliance with the act in filings with the Nebraska secretary of state.
The attorney general has authority to issue civil investigative demands of potential violations of the act and agents may face expulsion or dismissal from Nebraska postsecondary institutions if found to be in violation.
The bill also establishes the Crush Transnational Repression in Nebraska Act. Those provisions enhance penalties to the next higher classification for certain offenses — including assault, terroristic threats and stalking — if committed by an agent of a foreign principal under certain circumstances.
LB644 adds requirements for lobbyists and consultants working for Chinese military companies, with a civil penalty of $100,000 per violation for noncompliance. Informants whose information leads to a violation finding under this provision would be paid $50,000 from the Nebraska Accountability and Disclosure Cash Fund.
Finally, the bill requires companies bidding on public contracts to certify that they are not “scrutinized companies” under federal law and do not subcontract with such companies or provide products originating from them.
Lawmakers passed LB644 on a 37-11 vote.
Elections
LB521, sponsored by Bellevue Sen. Rita Sanders, contains recommended updates to the Nebraska Election Act as suggested by the secretary of state’s office.
Among other provisions, the bill specifies the form and contents for petitions for the establishment of a new political party and provides for notice to a voter from an election commissioner or county clerk satisfying a request to cancel their voter registration.
The measure includes provisions of three additional election proposals:
• LB19, sponsored by Sen. John Cavanaugh of Omaha, which allows primary and metropolitan class cities to change the timing of city elections;
• LB243, introduced by Sanders, which makes technical changes; and
• LB659, sponsored by Sen. Bob Andersen of Omaha, which requires an election commissioner or county clerk using a vote counting device to conduct at least three independent tests before counting begins.
LB521 passed on a 49-0 vote and took effect immediately.
Under the Nebraska Political Accountability and Disclosure Act, the candidate or ballot question committee that pays for printed campaign materials is required to list a street address in the accompanying payment disclaimer.
LB32, introduced by Omaha Sen. Megan Hunt and passed 47-2, allows candidate committees to use a post office box instead. A street address still will be required to be on file with the NADC.
A bill that would limit when school bond elections may be held failed to advance from select file.
LB135, sponsored by Sen. Rick Holdcroft of Bellevue, would prohibit schools and educational service units from conducting special elections for a bond issue, property tax levy or exceeding a property tax levy limitation.
Under the bill as introduced, such questions could appear on ballots only during regularly scheduled elections or on traditional election dates. The measure was broadened on general file to also allow for bond elections in odd-numbered years on certain dates.
LB135 failed to advance to select file on a vote of 16-16. Twenty-five votes were needed.
An attempt to reinstate a winner-take-all system for allocating Nebraska’s five presidential electoral votes failed to advance from the first round of debate.
Currently, the winner of Nebraska’s statewide popular vote receives two Electoral College votes. Since 1992, the state’s three congressional districts also award one electoral vote each based on the popular vote winner in each district.
LB3, introduced by Central City Sen. Loren Lippincott on behalf of the governor, would reinstate a winner-take-all system and award all five electoral votes to the winner of the statewide popular vote.
After four hours of general file debate, Lippincott offered a motion to invoke cloture, which ceases debate and forces a vote on the bill. The motion failed on a vote of 31-18. Thirty-three votes were needed.
LB3 was not scheduled for further debate and remains on general file.
A second proposal that would achieve the same aim through an amendment to the state constitution was considered by the Government, Military and Veterans Affairs Committee but was not advanced.
If approved by the Legislature, LR24CA, sponsored by Sen. Myron Dorn of Adams, would place the question of reinstating winner-take-all on the 2026 general election ballot.
Also remaining in committee is LB604, introduced by David City Sen. Jared Storm, which would extend the timeframe within which a legal challenge to an initiative or referendum petition drive could be launched.
Government reform
An omnibus bill related to purchasing, contracts and administrative procedures was approved this session.
LB660, sponsored by Andersen, creates the Secure Drone Purchasing Act. Beginning Jan. 1, 2027, state agencies or other entities using state funds may purchase only drones that meet certain requirements so as not to present a threat to the state.
The bill requires the state Department of Transportation’s Division of Aeronautics, in consultation with the Nebraska State Patrol and other entities, to create and maintain a list of secure drones that meet the bill’s criteria and are authorized for purchase.
Also included in the measure are provisions of four additional bills. LB29, sponsored by Sen. Danielle Conrad of Lincoln, requires a review every five years of all existing and pending rules and regulations under the state’s Administrative Procedures Act.
Provisions of LB445, introduced by Elkhorn Sen. R. Brad von Gillern, create the State Building Construction Alternatives Act. The provisions 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.
LB662, sponsored by Andersen, requires state agencies receiving appropriations from the Legislature to prepare a federal funding inventory every even-numbered year and submit a report to the DAS director.
Finally, the provisions of LB664, introduced by Whitman Sen. Tanya Storer, make a number of changes to the Administrative Procedures Act. The provisions 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 and change venue rules regarding where an individual may file a challenge to the validity of a rule or regulation.
LB660 passed on a 49-0 vote and took effect immediately.
Lawmakers gave final approval to a bill that updates the structure and duties of the state’s Commission on African American Affairs. LB69, sponsored by Sen. Ashlei Spivey of Omaha, makes a number of changes to state law governing the commission, which was created by the Legislature in 2020.
Among other provisions, the bill requires that one of the commission’s quarterly meetings each calendar year be held in the city with the largest African American population in Nebraska, that one member of the commission be an individual who identifies as an immigrant or new American and that one member be a young professional between ages 18 and 25.
Lawmakers passed the measure on a vote of 45-3.
LB346, introduced by La Vista Sen. John Arch at the request of the governor, modifies or eliminates 40 state-established boards, commissions, committees and councils.
Among the entities eliminated under the measure, which passed on a 49-0 vote, are the Nebraska Aquaculture Board, Breast and Cervical Cancer Advisory Committee, Climate Assessment Response Committee and Natural Gas Fuel Board.
Senators also approved a measure that makes several changes to laws governing professional landscape architects in Nebraska.
LB696, introduced by Sen. Jane Raybould of Lincoln and approved 47-2, amends the Professional Landscape Architects Act to align licensing requirements with a new national standard adopted in 2022.
Finally, LB472, sponsored by Amherst Sen. Dan McKeon, would create the Office of Regulatory Management within the executive branch, with a supervisor appointed by the governor.
Under the bill, each state agency, board and commission would conduct an internal review of all current regulatory requirements within six months of a measure’s passage. Subsequent reviews would be required every two years.
The bill remains in committee.
Veterans
Senators passed a measure that creates a team to gather and analyze data on deaths by suicide in Nebraska. Under LB414, introduced by Lincoln Sen. George Dungan and passed 46-0, the review team will be housed within the state Department of Veterans’ Affairs.
Members will include representatives from the Nebraska Violent Death Reporting System, Nebraska Local Outreach to Suicide Loss Survivors and the state Department of Health and Human Services. The team also will include a veteran and appointed members from the fields of education, health care, law enforcement, mental health and social work.
A measure that updates eligibility for admission to Nebraska veterans’ homes also passed.
LB419, sponsored by Sen. Dan Lonowski of Hastings, removes an existing requirement that an individual be at least 50 years old and “dependent on public charities” or in need of care available only at a state institution in order to be eligible to reside in a veterans’ home.
The bill also allows veteran aid payments to be approved by a state service officer in addition to a local or county service officer and exempts applications for funeral expenses from a restriction that no claimant may originate more than one claim within a 30-day period.
LB419 passed on a vote of 47-0.
Other measures
LB266, introduced by Norfolk Sen. Robert Dover, prohibits any Nebraska municipality, county or other political subdivision from enacting or enforcing an ordinance that would have the effect of imposing rent controls on private property.
The bill does not apply to programs meant to increase affordable housing through land-use or inclusionary housing requirements or a program entered into voluntarily by a property owner.
LB266 passed on a 37-10 vote.
Under current law, a county assessor and register of deeds are required to withhold from the public the residential address of law enforcement officers, some members of the Nebraska National Guard and judges who live in the county and apply in writing.
LB166, sponsored by Seward Sen. Jana Hughes and passed 48-1, adds county treasurers to the list of local officials who are instructed to withhold qualifying residential information.
Included in the bill are provisions of Hughes’ LB334. Those provisions specify that forms that include information about a judge’s place of residence related to filing for retention in office with the Nebraska secretary of state are not public records and not subject to disclosure.
Lawmakers approved the increase of an array of fees charged by the State Fire Marshal this session.
LB434, sponsored by Sen. Dave Wordekemper of Fremont, increases fees on more than a dozen licenses, inspections and reviews undertaken by the fire marshal’s office. For example, under the bill, a fireworks display permit will increase from $10 to $100, a retailer license from $25 to $100 and a distributor license from $500 to $1,000.
The bill also increases the fee for building plan reviews from not more than $500 to not more than $5,000 and the cap on fire alarm inspection fees from not more than $100 to not more than $200. It also changes the late submittal fee for remodeling or construction project reviews to a flat $100 in addition to the plan review fee.
LB434 passed on a 47-2 vote and took effect immediately.
Nebraskans would no longer reset their clocks twice a year under two proposals that advanced to the final round of debate.
LB34, introduced by Hunt, would adopt permanent daylight saving time. The switch would take effect contingent on a change in federal law or policy allowing states to do so and would require adoption of the same policy by three adjacent states.
States currently are allowed under federal law to permanently adopt year-round standard time — as Arizona and Hawaii have done — but Congress would have to act to authorize states to change to year-round daylight saving time.
Conversely, LB302, sponsored by Glenvil Sen. Dave Murman, would eliminate observation of daylight saving time in Nebraska. Under the bill, the state would adopt the practice of permanent standard time upon adoption of the same policy by the neighboring states of Iowa, Kansas, South Dakota and Wyoming.
Senators voted to advance both bills from select file. Neither measure was scheduled for a final vote, however, and they remain on final reading.
