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-LEGISLATURE OF NEBRASKA
-ONE HUNDRED NINTH LEGISLATURE
-FIRST SESSION
-LEGISLATIVE BILL 323
+ONE HUNDRED NINTH LEGISLATURE - FIRST SESSION - 2025
+COMMITTEE STATEMENT
+LB323
 
-Introduced by Moser, 22.
-Read first time January 16, 2025
-Committee: Transportation and Telecommunications
-A BILL FOR AN ACT relating to the Department of Transportation; to amend1
-section 39-1355, Reissue Revised Statutes of Nebraska, and section2
-39-1348, Revised Statutes Cumulative Supplement, 2024; to change3
-provisions relating to solicitation of bids; to change the threshold4
-required for legislative consent relating to certain construction5
-projects; to harmonize provisions; and to repeal the original6
-sections. 7
-Be it enacted by the people of the State of Nebraska,8
-LB323
-2025
-LB323
-2025
--1-
-Section 1. Section 39-1348, Revised Statutes Cumulative Supplement,1
-2024, is amended to read: 2
-39-1348 (1) Except as otherwise provided in sections 39-2808 to3
-39-2823, when letting contracts for the construction, reconstruction,4
-improvement, maintenance, or repair of roads, bridges, and their5
-appurtenances, the department shall solicit bids as follows:6
-(a)(i) (a) For contracts with an estimated cost, as determined by7
-the department, of greater than two hundred fifty thousand dollars, the8
-department shall advertise for sealed bids for not less than twenty days9
-by publication of a notice thereof : 10
-(A) Once once a week for three consecutive weeks in the official11
-county newspaper designated by the county board in the county where the12
-work is to be done and in such additional newspaper or newspapers as may13
-appear necessary to the department in order to give notice of the14
-receiving of bids ; or . 15
-(B) On the official webpage designated by the Department of16
-Transportation. 17
-(ii) Such advertisement shall state the place where the plans and18
-specifications for the work may be inspected and shall designate the time19
-when the bids shall be filed and opened. 20
-(iii) If through no fault of the department publication of such21
-notice fails to appear as prescribed in subdivision (1)(a) of this22
-section in any newspaper or newspapers in the manner provided in this23
-subdivision, the department shall be deemed to have fulfilled the24
-requirements of this subdivision; and 25
-(b) For contracts with an estimated cost, as determined by the26
-department, of two hundred fifty thousand dollars or less, the27
-department, in its sole discretion, shall either: 28
-(i) Follow the procedures given in subdivision (a) of this29
-subsection; or 30
-(ii) Request bids from at least three potential bidders for such31
-LB323
-2025
-LB323
-2025
--2-
-work. If the department requests bids under this subdivision, it shall1
-designate a time when the bids shall be opened. The department may award2
-a contract pursuant to this subdivision if it receives at least one3
-responsive bid. 4
-(2) The Department of Transportation may adjust the amounts in5
-subdivisions (1)(a) and (b) of this section annually on October 1 by the6
-percentage change in the Consumer Price Index for All Urban Consumers7
-published by the United States Department of Labor, Bureau of Labor8
-Statistics, at the close of the twelve-month period ending on August 319
-of such year. The amounts shall be rounded to the next highest one-10
-thousand-dollar amount. 11
-Sec. 2. Section 39-1355, Reissue Revised Statutes of Nebraska, is12
-amended to read: 13
-39-1355 (1) The department shall have authority to : 14
-(a) Purchase purchase, lease, employ, or acquire by other means, all15
-needed road materials, machinery, equipment, supplies, services, and16
-labor necessary for the construction, reconstruction, maintenance, and17
-control of the state highway system and all tools and materials necessary18
-to keep such machinery and equipment in repair ; and19
-(b) Lease . The department shall also have authority to lease ,20
-purchase, construct, or cause to be constructed, buildings for office21
-accommodations, which are necessary in the administration of the duties22
-of the department, and buildings for the storing and housing of23
-materials, machinery, equipment, and supplies . 24
-(2) The department shall not  ; Provided, that the department may not25
-construct or cause to be constructed any building with an estimated cost26
-greater than the adjusted dollar amount established for building capital27
-construction projects in section 81-1114.01. exceeding a cost of one28
-hundred thousand dollars without the consent of the Legislature.29
-(3) The maintenance, protection, and control of the materials,30
-machinery, equipment, supplies, tools, and buildings shall be under the31
-LB323
-2025
-LB323
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--3-
-authority and responsibility of the department. 1
-Sec. 3.  Original section 39-1355, Reissue Revised Statutes of2
-Nebraska, and section 39-1348, Revised Statutes Cumulative Supplement,3
-2024, are repealed. 4
-LB323
-2025
-LB323
-2025
--4-
+Hearing Date: Monday February 24, 2025
+Committee On: Transportation and Telecommunications
+Introducer: Moser
+One Liner: Change requirements for certain road and building construction projects for the Department of
+Transportation
+
+Roll Call Vote - Final Committee Action:
+          Advanced to General File with amendment(s)
+
+Vote Results:
+          Aye: 8 Senators Moser, Ballard, Bosn, Brandt, DeBoer, Fredrickson,
+Guereca, Storer
+          Nay:
+          Absent:
+          Present Not Voting:
+
+Testimony:
+Proponents: Representing:
+Senator Mike Moser Opening Presenter
+Vicki Kramer Nebraska Department of Transportation
+
+Opponents: Representing:
+
+Neutral: Representing:
+Matt Schaefer Nebraska Press Association
+
+* ADA Accommodation Written Testimony
+
+Summary of purpose and/or changes:
+LB323 allows the Nebraska Department of Transportation (NDOT) to advertise for sealed bids on their website or in
+county the official newspaper where the work is to be done.  It also removes the requirement that NDOT get the
+consent of the Legislature when initiating building projects over one hundred thousand dollars, instead raising the
+threshold to that described in 81-1114.01, which speaks to capital projects initiated by executive departments and
+agencies.  That section currently provides a limit of around nine hundred thousand dollars.
+
+Explanation of amendments:
+The Committee considered and adopted an amendment which accomplishes the following:
+Provides that NDOT must advertise on their designated website in addition to county legal newspapers.
+---------------------
+Committee Statement: LB323
+Transportation and Telecommunications Committee
+Page 1
+188aacff410fb3b6158cd54bdcc405a9
+Section 1 – Amends section 39-1348 – Advertisements of bids
+Mandates that NDOT provide notice regarding solicited bids on both their designated website and in county
+newspapers.
+Section 2 – Amends section 39-1355 – Purchase or lease of buildings.
+Removes the requirement that the department get the consent of the Legislature when building projects over one
+hundred thousand dollars and raises the threshold to the amount stated in section 81-1114.01, which at the present
+time is around nine hundred thousand dollars.
+Section 3 - Repeals original sections 39-1348 and 39-1355.
+
+Mike Moser, Chairperson
+Committee Statement: LB323
+Transportation and Telecommunications Committee
+Page 2
+188aacff410fb3b6158cd54bdcc405a9