Cindy Gonzalez
LINCOLN — A Nebraska legislator has proposed a new law to end “double-bunking” of two inmates in a cell designed for one — a situation that has arisen due to prison overcrowding and has led to lawsuits against the state.
Legislative Bill 99, introduced Friday by State Sen. Ashlei Spivey alongside State Sens. Dunixi Guereca and Terrell McKinney, all of Omaha, would eliminate the practice unless inmates voluntarily agree in writing. Her bill also adds more limits on the use of solitary confinement.
Spivey said the proposed legislation continues the pursuit of “smart justice” policies championed by McKinney, former State Sen. Tony Vargas of Omaha and ACLU Nebraska. Spivey, sworn in this week as a new legislator, previously served as board chair of the ACLU.
Last year, the estate of deceased inmate Kevin Carter filed an updated federal lawsuit alleging that Nebraska Department of Correctional Services officials were negligent and reckless in housing the 20-year-old with a convicted murderer who was reportedly paranoid, delusional and threatening.
Carter was found unresponsive under a bed sheet and later was pronounced dead about a week after he was housed in the same cell as the inmate.
Nebraska’s Office of Inspector General of Corrections, which has oversight over the Nebraska Department of Correctional Services, has repeatedly urged an end to the practice.
A similar slaying in a double-bunked cell occurred in 2017.
LB 127 from State Sen. Dan McKeon of Amherst, also introduced Friday, would require that people who prevail over Nebraska criminal charges in certain situations be awarded monetary damages, such as lost wages.
McKeon’s bill would prevent such an award if the defendant was convicted of another substantially similar offense or the person waived the payment.
“The Legislature finds that people who are mistakenly or wrongfully prosecuted suffer significant financial hardship as a result,” the bill states. “The purpose of this section is to lessen the hardship faced by such people and to serve as an incentive for the government to use caution and restraint in making prosecutorial decisions.”
Bill introductions
LB 99 and LB 127 were among 48 bills and three constitutional amendments introduced on the second day of bill introductions for the 2025 legislative session. Among the others:
- LB 95, by State Sen. John Fredrickson of Omaha, calls for a three-year pilot program to provide child care assistance for the child care workforce. Eligible workers must be income-qualified, with households earning 85% or less of median income.
- LB 100, by Spivey, would create an Office of Business Entrepreneurship and Innovation. It would employ a full-time person within the Department of Economic Development to strengthen policies and programs supporting startup businesses and would submit an annual report tracking state contracts and awards to businesses in operation less than five years.
- LB 101, by State Sen. George Dungan of Lincoln, revives a failed effort of last year that would allow landlords and tenants to demand a jury trial when an eviction notice is filed (versus a bench trial decided by a judge).
- LB 107, by State Sen. Machaela Cavanaugh of Omaha, would provide an income tax credit for Nebraska renters. The refundable credit is not to exceed $1,000, and the greater of either 4% of the total amount of rent paid during the year or $200.
- LB 110, by State Sen. Jana Hughes of Seward, would prohibit health care providers from performing a pelvic examination on an anesthetized or unconscious patient in a hospital or medical clinic without prior written consent, except in the case of necessary emergency treatment or by a court order.
- LB 115, by State Sen. Beau Ballard of Lincoln, would expand a refundable income tax credit for volunteer emergency responders — firefighters or members of local rescue squads — from $250 to $1,000 each year. Ballard said it is “a little token of at least the state’s appreciation” for Nebraskans who put their lives at risk and volunteer hours of their time for others.
- LB 117, by State Sen. Rick Holdcroft of Bellevue, would exempt the sale or purchase of residential electricity, natural gas, propane and sewer from sales taxes, effective Jan. 1, 2026.
- LB 122, by State Sen. Glen Meyer of Pender, would require schools to prominently display the national motto — “In God We Trust” and the state motto — “Equality Under the Law” — in all Nebraska classrooms or a central location.
- Legislative Resolutions 5CA and 6CA, also from Sen. Machaela Cavanaugh, seek to remove a provision voters put into the Nebraska Constitution in 2000 against the validity or recognition of same sex marriages. LR 6CA would explicitly require Nebraska and its political subdivisions to recognize marriage of and issue marriage licenses to couples regardless of gender and race. Under a 2015 U.S. Supreme Court decision, the provision is unconstitutional but remains in the Nebraska Constitution. If passed, the resolutions would go to voters in 2026.
- LR 7CA, by State Sen. Myron Dorn of Adams, would increase lawmakers’ annual salary from $12,000 to $30,000 if passed by the Legislature and approved by voters in 2026.