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Dist. 40 R eport
Dist. 40 Report
Last week, the Judiciary Committee heard testimony on my bill LB73 relating to law enforcement continuing education requirements.
This legislation is the result of conversations I had with area sheriffs last year regarding law enforcement staffing shortages.
In 2021, the Legislature passed LB51 which increased the amount of continuing education each law enforcement officer across the state must take each calendar year from 20 hours to 32 hours. LB51 was brought to improve law enforcement standards in Nebraska following criticism of police violence in 2020. Following the passage of LB51, these burdensome continuing education requirements worsened already problematic staffing issues in many small, rural law enforcement agencies. Whereas law enforcement agencies in Lancaster and Douglas Counties might have several dozen or several hundred officers on staff, a rural county sheriffs’ department might only have 4 or 5 deputies available to cover several hundred, and in some cases, several thousand square miles.
In essence, LB51 created a one-size-fits all policy that meets the needs of Lincoln and Omaha but not rural Nebraska.
LB73 offers one solution by reducing the number of required continuing education hours from 32 hours to 20 hours for law enforcement officers serving in counties under 40,000 people.
This threshold is more in line with what neighboring states like South Dakota and Iowa require for their law enforcement officers. Members of law enforcement, including Knox County Sheriff Don Henery, testified in support of LB73.
The Legislature also advanced one of my bills to Final Reading. Earlier this year, I introduced LB184 which would restrict the sale of flavored nitrous oxide products. Chronic abuse of nitrous oxide leads to permanent nerve damage that stunts cognition or even death. Nationally, there is a growing trend of flavored nitrous oxide products being sold in vape stores, kratom dispensaries, and smoke shops across the country, including in Nebraska. One such product is known as Galaxy Gas, which is marketed under the guise of making whipped cream. However, testimony at the hearing revealed that flavored nitrous oxide is instead being marketed to minors and has very few legitimate uses outside of getting people high.
Approximately 44 states have enacted laws regulating nitrous oxide and similar inhalants. The sale and use of nitrous oxide is largely unregulated here, outside of the medical industry. LB184 was advanced from the Judiciary Committee on a unanimous 8-0 vote. I was then successful in attaching LB184 to Sen. Hallstrom’s LB230 (The Kratom Consumer Protection Act) during its Select File debate on a 33-0 vote. The ban on flavored nitrous oxide will become a piece of Sen. Hallstrom’s LB230 and will go through Final Reading at a later time.
Meanwhile, Speaker Arch announced one of my bills, LB50, will be a Speaker priority bill. LB50 would correct a technical mistake with the nameplate capacity tax made when the Legislature took over primary funding of the state’s community colleges two years ago.
Additionally, my priority bill, LB437 by Sen. Riepe which would repeal the Certificate of Need Act for nursing homes, was advanced to the floor by the Health and Human Services Committee. This action means that it is more likely LB437 will be considered by the full Legislature later this year.
As floor debate continues, I would appreciate input. Call my Capitol office number at (402) 471-2801 or email [email protected]. My mailing address is: Sen. Barry DeKay, Dist. #40, P.O. Box 94604, State Capitol, Lincoln, NE 68509.
