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The beginning of April brings us closer to the end of this year’s legislative session. There are many bills still left to debate and little time to consider all of the priority bills brought forward this year.

The week began with the resumption of debate on the governor’s proposed property tax relief package: LB388 and LB1331. LB388 initially proposed an up-to-1% increase of the sales tax, from the current rate of 5.5% to possibly as high as 6.5%, and raising taxes and eliminating tax exemptions on certain discretionary purchases. Revenue from these taxes were to be put toward education, via LB1331, to frontload state aid to the schools to cut the amounts levied for local property taxes. Schools, counties, cities and villages would also be subject to tighter caps on their property tax levying authority to slow the growth of their budgets and ensure property tax relief is more sustainable.

Debate on LB388 continued for more than four hours as opponents of the measure fought for concessions from Sen. Linehan and the Revenue Committee. In the end, Linehan agreed to drop the 1% increase in sales tax, the primary point of contention of most opponents. The Revenue Committee will need to find alternative revenue, in place of the sales tax increase, to pay for the state aid to be sent to the schools in LB1331. With this limited compromise reached, the legislature advanced LB388 and LB1331 to Select File on a 28 to 12 vote and a 45 to 0 vote, respectively. I did vote in support of both bills to give Sen. Linehan more time to find a compromise. I will continue to listen to debate on LB388 and LB1331 if or when either bill is scheduled again.

The legislature also considered LB575, the Sports and Spaces Act. Introduced last year by Sen. Kauth, this bill would generally limit the participation of K-12 student athletes to school-sponsored teams on the basis of biological sex. Additionally, the bill would prohibit biological males from using locker room and bathroom spaces designated for females and vice versa, with certain exceptions for coaches, authorized personnel and emergency personnel.

In 2016, the Nebraska State Activities Association, which governs K-12 school sports in the state, adopted a Gender Participation Policy in which bona fide transgender students can play sports consistent with their gender identity. However, there is inconsistency in how the NSAA’s policies are applied. For example, Norfolk and Kearney have school board policies which require students to play on sports teams based on their sex assigned at birth. This is creating a gray area in Nebraska where some schools have conflicting policies concerning transgender student participation.

As I have mentioned previously, I have officiated high school and college basketball for 40 years. I have traveled across much of what is now the 40th Legislative District and the state during my basketball officiating career. I have concerns that allowing biological males to participate in female sports could allow one or two people down the road to unfairly dominate in certain sports and hurt the fairness of competition. In all my years officiating, I have never met an athlete, coach or team who wants to play for second place, and I want to ensure there is a level playing field for all in physical sports going forward.

Under amended debate time limits set by Speaker Arch for so-called “social issue” bills, LB575 was considered for four hours of debate. Supporters of the bill argued the Sports and Spaces Act is necessary because there are physiological advantages to being a biological male and those advantages can still carry over even after a gender transition, which could allow biological males to dominate in female sports.

Opponents of LB575 countered that the bill is discriminatory and is already addressed by the NSAA’s Gender Participation Policy. Following a contentious debate, Sen. Kauth motioned to invoke cloture, whereupon the motion to cease debate failed on a 31 to 15 vote. I am a co-sponsor of LB575 and am disappointed the bill failed to advance. I anticipate a new bill modeled off of the Sports and Spaces Act or the comprehensive women’s bill of rights legislation enacted in other states will return next session.

You can always contact me with your thoughts and opinions on bills that have been introduced. Call my Capitol office telephone number at 402-471-2801 or send email to [email protected]. My mailing address is: Senator Barry DeKay, District #40, P.O. Box 94604, State Capitol, Lincoln, NE 68509.