Chief Justice highlights need for more collaborative solutions

Chief Justice Michael Heavican delivered his annual State of the Judiciary address last week.

As part of a long-time tradition, I was selected to be a member of the committee to escort the Chief Justice into the legislative chamber. I felt it was a great honor and privilege to be able to serve as a member of his escort committee.

In his address, Chief Justice Heavican note judiciary staffing has returned to a pre-pandemic level. He also said there was a 27 percent increase in problem-solving court participation since 2020, but only five percent of those eligible for problem-solving courts are actually able to participate.

These figures both highlight the state’s interest in finding collaborative solutions to address low-level issues involving drug-crimes or veterans as well as the need to do more for what is a practical and cheaper alternative to incarceration.

Chief Justice Heavican also stressed the need for IT infrastructure improvements for Nebraska’s courts to address potential security threats. He pointed to the neighboring state of Kansas which suffered from a sophisticated foreign cyberattack last October.

This attack targeted the Kansas judicial branch and impeded the ability of that state’s court system to access records for five weeks. The Chief Justice was explicit about the risk our own state’s judiciary is in, stating that “without needed upgrades we must consider ourselves equally vulnerable.”

Last week, I designated my personal priority bill for this year, LB1301.

This bill would adopt the Foreign-owned Real Estate National Security Act and modernize existing statutes relating to the state’s prohibition on foreign persons or foreign-owned companies from owning agricultural land.

The bill would also tighten the exemptions on manufacturing and industrial establishment in areas near critical military installations as well as terminate existing exemptions relating to oil and gas leases, railroads, public utilities, common carriers, and filling stations or bulk stations.

I believe it is important to safeguard Nebraska’s largest economic sector: agriculture.

Yet, many of our statutes on foreign- ownership of agricultural land were first enacted in 1889 and last updated in the 1940s.

Recent cases of foreign adversaries buying land near military bases in other states also raises concerns our laws are insufficient to protect military installations such as Offutt Air Force Base or the missile silos in the panhandle.

Senators also began floor debate on bills last week. One bill given first-round approval was LB43, one of the Government, Military, and Veterans Affairs Committee’s priority bills for the year.

This bill would provide guidance to hearing officers and judges in cases to resolve doubts dealing with state rules and regulations in a manner which “limits agency power and maximizes individual liberty.” The bill was then amended to include provisions from five other similar bills, including LB277.

LB277 would adopt the First Freedom Act and force the government to place less of a “burden on a person’s right to the exercise of religion,” establish a legal cause of action when government seeks to compel people to violate their religious beliefs, and authorize indigenous tribe members who are students in public schools to wear tribal regalia at school, subject to rules for regulating student behavior.

As we continue floor debate this year, you may occasionally see or hear me serve as the presiding officer in the chamber.

Under the Nebraska Constitution, the Lieutenant Governor serves as President of the Legislature. The Speaker serves as acting President and presiding officer when the Lt. Gov. is absent, and the Speaker may also name alternate senators to serve as presiding officers under the Legislature’s rules.

Last fall, I was provided training to serve as the presiding officer. This year, I presided over an afternoon session during the rules debate and can be asked to step in when the Lieutenant Governor or Speaker are absent. I feel it is a great privilege to be able to preside over the Legislature during floor debates.

Meanwhile, just over 600 bills and constitutional amendments were introduced during the 10-day introductory period. Currently, the various committees are in the process of holding public hearings on every bill and resolution introduced.

As the public hearing process continues, I encourage you to contact me. Call my Capitol office phone number at (402) 471-2801 or email bdekay@leg. ne.gov. My address is: Sen. Barry DeKay, Dist. 40, P.O. Box 94604, State Capitol, Lincoln, NE 68509.