February 7, 2025

109th Legislature, 1st Session

Floor Debate Continues

Today marks day 22 of the Legislative Session, which means we're approximately one-fourth complete with the 90-day session. Prolonged floor debate on LB 229 from last week continued on Monday and Tuesday of this week before finally coming to a vote. LB 229, introduced by Senator Bob Hallstrom (Syracuse), clarifies that "network contractors working for marketplace network platforms," such as Uber and Lyft drivers, would remain independent contractors, rather than employees subject to the Employment Security Law. The bill served as an early preview of partisan divide in the officially non-partisan Unicameral, leaving observers wondering whether opponents would mount a full eight-hour filibuster. Once LB 229 advanced, the Legislature moved quickly to advance a number of other bills. This included NBA affirmative legislation with LB 85, introduced by Senator Wendy DeBoer (Bennington), and LB 250, introduced by Senator Mike Jacobson (North Platte).

Committee Hearings in Full Swing

Committee hearings continued throughout the week, including multiple hearings going past 9:00 p.m. These included hearings to create certain exemptions to the paid sick leave ballot initiative (LB 698), ban the use of cell phones for students while in school (LB 140), tort reform (LB 79, LB 132, LB 199, LB 341, LB 205), the Opportunity Scholarships Act (LB 509), and the Stand With Women Act (LB 89). Committee hearings will continue until March 28.

A hearing was held on Monday on LB 241 in the Banking, Commerce and Insurance Committee. Senator Hallstrom introduced LB 241 on behalf of the NBA. The bill would define a cybersecurity event as an event resulting in unauthorized access to or disruption or misuse of an information system or nonpublic information system where the following information is accessed: (a) Social Security numbers; (b) driver's license numbers or state identification card numbers; (c) financial account numbers or credit or debit card numbers; (d) security code, access code, or password that would permit access to such person's financial accounts; or (e) any biometric record. The bill would ensure that a private entity shall not be liable in a class action resulting from a cybersecurity event unless the cybersecurity event was caused by willful, wanton, or gross negligence on the part of the private entity. The bill received wide support from a variety of Nebraska business industries. It advanced from committee on a vote of 7-0, with one senator present and not voting.

The NBA also testified in support of LB 609, introduced by Senator Elliot Bostar (Lincoln). LB 609 would adopt the Controllable Electronic Record Fraud Prevention Act to require registration and licensure of cryptocurrency kiosks. The bill would also enact consumer protection measures for gift cards and prepaid cards for businesses, other than financial institutions.

The NBA's final affirmative legislative bill will be heard next Tuesday in the Banking, Commerce and Insurance Committee. LB 232 would prohibit a policy of life insurance subject to an assignment from being terminated or lapsed by reason of default in payment of any premium unless a notice of pending lapse or termination of the policy has been provided by the insurer to any known assignee at least 30 days prior to the effective date of the lapse and termination. The bill would also allow the notice of lapse or termination to be provided electronically by the insurer to any assignee who has requested notice.

Dates of Importance

• March 14: Deadline for designation of committee and senator priority bills
• March 17: Speaker priority bills announced
• March 28: Last day of public hearings
• March 31: Full day floor debate begins
• June 9: Day 90 of the legislative session

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