Bill Summary – FastDemocracy

LB29                                                                                     LB29
                                                                                   2024
                                 LEGISLATURE OF NEBRASKA
                            ONE HUNDRED EIGHTH LEGISLATURE
                                 FIRST SPECIAL SESSION
                          LEGISLATIVE BILL 29
       Introduced by Day, 49.
       Read first time July 26, 2024
       Committee: Transportation and Telecommunications
  A BILL FOR AN ACT relating to aircraft; to amend sections 3-104, 3-106,
       and 3-159, Reissue Revised Statutes of Nebraska; to provide for the
      sale of   certain state-owned aircraft;   to prohibit the purchase,
      lease,      rental,   ownership,     providing of    maintenance for,    or
      contribution to the maintenance of any aircraft that is or will be
      used by the Governor or the Governor's staff; to repeal the original
      sections; and to declare an emergency.
  Be it enacted by the people of the State of Nebraska,
                                              -1-
LB29                                                                                               LB29
                                                                                             2024
       Section 1. Section 3-104, Reissue Revised Statutes of Nebraska, is
   amended to read:
       3-104       (1)     There is     hereby created the Nebraska Aeronautics
   Commission which shall consist of five members, who shall be appointed by
  the Governor. The terms of office of the members of the commission
   initially appointed shall expire on March 1 of the years 1946, 1947,
  1948,   1949,     and   1950,   as designated by    the Governor in   making the
   respective appointments. As the terms of members expire, the Governor
  shall, on or before March 1 of each year, appoint a member of the
   commission for a term of five years to succeed the member whose term
   expires. Each member shall serve until the appointment and qualification
   of his or her successor. In case of a vacancy occurring prior to the
  expiration of the term of a member, the appointment shall be made only
   for the remainder of the term. All members of the commission shall be
   citizens and bona fide residents of the state and, in making such an
   appointment, the Governor shall take into consideration the interest or
   training of the appointee in some one or all branches of aviation. The
   commission shall, in December of each year, select a chairperson for the
   ensuing year. The Director of Aeronautics shall serve as secretary as set
   forth in section 3-127. Three members shall constitute a quorum, and no
   action shall be taken by less than a majority of the commission.
      (2)     The commission shall meet upon the written call of    the
  chairperson, the director, or any two members of the commission. Regular
   meetings shall be held at the office of the division but, whenever the
   convenience of the public or of the parties may be promoted or delay or
  expense may be prevented, the commission may hold meetings or proceedings
  at any other place designated by it. All meetings of the commission shall
  be open to the public. No member shall receive any salary for his or her
   service, but each shall be reimbursed for expenses incurred by him or her
   in the performance of his or her duties as provided in sections 81-1174
   to 81-1177.
                                                    -2-
LB29                                                                                                LB29
                                                                                              2024
       (3)(a)   The commission shall advise the Director-State Engineer
   relative to the appointment of the Director of Aeronautics, and the
  commission shall report to   the Director-State Engineer whenever the
   commission feels that the Director of    Aeronautics is    not properly
  fulfilling his or    her duties.     The commission shall also advise the
  Governor on the general status and state of aviation in Nebraska.
        (b) The commission shall further act in an advisory capacity to the
   Director of Aeronautics and Director-State Engineer.
       (4) The commission shall have, in addition, the following specific
  duties: (a) To allocate state funds and approve the use of federal funds
   to be spent for the construction or maintenance of airports; (b) to
   designate the locations and approve sites of airports; (c) to arrange and
   authorize the purchase of aircraft upon behalf of the state, except when
  the use of such aircraft will be for the Governor or the Governor's
  staff; (d) to select and approve pilots to be employed by the state, if
  any; and (e) to assist the Director of Aeronautics in formulating the
   regulations and policies to be carried out by the division under the
  terms of the State Aeronautics Act. The commission may allocate state
  funds for the promotion of aviation as defined for the purpose of this
  section by the division. The director may designate one or more members
  of the commission to represent the division in conferences with officials
  of the federal government,         of other states,    of other agencies or
   municipalities of this state, or of persons owning privately owned public
   use airports.
        Sec. 2. Section 3-106, Reissue Revised Statutes of Nebraska, is
   amended to read:
        3-106    (1)(a) (1) The division may:
       (i) Purchase purchase aircraft for the use of state government,
   except when the use of such aircraft will be for the Governor or the
   Governor's staff; and may
        (ii) Sell sell any state aircraft that is not needed or suitable for
                                                      -3-
LB29                                                                                                     LB29
                                                                                                   2024
   state uses. State aircraft shall be subject at all times to the written
   orders of the Governor for use and service in any branch of the state
   government.
         (b) The division shall establish an hourly rate for use of a state
   aircraft by a state official or agency, other than the Governor or the
   Governor's staff. The hourly rate shall not include an amount to recover
   the cost of acquisition by purchase, but shall include amounts for items
   such as variable fuel and oil costs, routine maintenance costs, landing
   fees,   and preventive maintenance reserves.       Such funds shall only be
   expended for the purposes provided for by this section.
         (2)(a) Except as provided in subdivision (b) of this subsection, it
   (2) It is the intent of the Legislature that the use of state-owned,
   chartered, or rented aircraft by the division shall be for the sole
   purpose of state business. The division shall electronically file with
   the Clerk of the Legislature a quarterly report on the use of all state-
   owned, chartered, or rented aircraft by the division that includes the
   following information for each trip: The name of the agency or other
   entity traveling; the name of each individual passenger; all purposes of
   the trip; the destination and intermediate stops; the miles flown; and
   the duration of the trip.
         (b) It is the intent of the Legislature that, in order to save money
   for property tax relief, neither the Governor or the Governor's staff
   shall travel by    aircraft when such travel relates to    or is    in the
   furtherance of conducting state business, except when such state business
   relates to    an immediate response to    a natural disaster or    military
   emergency.
         Sec. 3. Section 3-159, Reissue Revised Statutes of Nebraska, is
   amended to read:
         3-159    (1) The Legislature finds that the State of Nebraska owning
   an aircraft for use by the Governor or the Governor's staff is a property
   tax burden and that the state should sell any such aircraft and
                                                   -4-
LB29                                                                                       LB29
                                                                                     2024
   contribute the proceeds and monetary savings that result from not owning
   such an aircraft to the General Fund to aid in property tax relief.
       (2) The Executive Board of the Legislative Council pursuant to the
   authority granted in   Laws    2013,      LB194,   section    9,   commissioned an
   independent study to enable the Legislature to determine whether the
   state should purchase or otherwise acquire an aircraft for state purposes
   and what type of aircraft should be acquired, if any. After completion
   and review of the study, the Legislature authorized the Department of
   Aeronautics shall sell the to purchase a new aircraft purchased by the
   state in 2014, and any subsequently purchased replacement aircraft. The
   department shall remit the money from the sale of such aircraft to the
   State Treasurer for credit to the General Fund. It is the intent of the
   Legislature to fund the purchase with General Funds and other funds. The
   Legislature also directed the department, upon taking possession of a new
   aircraft, to sell the state's 1982 Piper Cheyenne aircraft, with the
   proceeds retained for use for preventive maintenance funding for the new
   aircraft.
       (3)     For the purpose of   aiding property tax relief,   except as
   provided in subdivision (2)(b) of section 3-106, the state shall not
   purchase, lease, rent, own, provide maintenance for, or contribute to the
   maintenance of any aircraft that is or will be used by the Governor or
   the Governor's staff.
       Sec. 4.       Original sections 3-104, 3-106, and 3-159, Reissue Revised
   Statutes of Nebraska, are repealed.
       Sec. 5.        Since an emergency exists, this act takes effect when
   passed and approved according to law.
                                                 -5-
Statutes affected: 
Introduced: 3-104, 3-106, 3-159