Weekly Session Update – February 23, 2015
Session began as scheduled on Tuesday, February 17, marking Day 27 of our 90-day session. In observance of President’s Day, the office was closed on Monday. This resulted in a short work week where my staff and I worked extended hours due to the normal legislative workload in addition to preparation and public hearings for LB568 and LB350.
On Tuesday, I introduced LB568 before the Transportation and Telecommunications Committee. LB568 presents a potentially difficult policy question before the committee and legislature. LB568 addresses a finding of non-compliance with the Nebraska Commercial Driver’s License Act by the Federal Motor Carrier Safety Administration (FMCSA). LB568 would bring Nebraska into compliance with the FMCSA by separating the administrative license revocation (ALR) process from the underlying criminal prosecution for the holder of the commercial driver’s license (CDL) following an arrest for driving while intoxicated (DWI) or implied consent. As Sen. Seiler recognized during hearing, this leads to an inefficiency in the process where a lower administrative hearing entity is not able to defer to a more authoritative and legitimate judicial process. Continued non-compliance would result in a loss of $18 million in federal aid highway funding. This potentially leaves the legislature with the decision of complying with an inefficient federal mandate and securing millions of dollars in federal aid highway funding or not complying and losing those federal dollars. Notably, the Department of Motor Vehicles is still in discussion with the FMCSA arguing present Nebraska law is in compliance.
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