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LB 323

Change requirements for certain road and building construction projects for the Department of Transportation

109th Legislature (2025-2026) Introduced by Mike Moser

NDOT can advertise bid solicitations on its website and approves building projects up to a higher, CPI-adjusted threshold without immediate legislative consent.

Approved by Governor on May 15, 2025
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Bill Summary · LB 323

LB 323 — Summary (Approved May 15, 2025)

Status: Enacted (Approved by Governor May 15, 2025)
Introduced: January 16, 2025 by Sen. Mike Moser
Committee: Transportation and Telecommunications (advanced with AM554)
Final vote: Passed Final Reading 49-0-0

Purpose

LB 323 modernizes and harmonizes statutory requirements governing how the Nebraska Department of Transportation (NDOT) solicits bids for road projects and the dollar threshold at which the department must obtain the Legislature’s consent to construct buildings. The changes are intended to reduce project delays and related costs by allowing electronic notice and aligning NDOT’s building-capital threshold with other state agencies.

Key provisions

  • Bid solicitation notices (section 39-1348)

    • Requires NDOT to provide notice of sealed-bid solicitations both:
    • by publication once a week for three consecutive weeks in the official county newspaper where the work is to be done, and
    • on the official web page designated by NDOT, beginning at least 20 days before the bid deadline.
    • States that publishing the notice on NDOT’s designated web page for at least 20 days prior to bid opening satisfies the statutory notice requirement even if the newspaper publication is defective or cannot meet its deadlines.
    • Maintains the $250,000 contract-cost threshold for the more formal publication requirement; NDOT may use alternative procedures for contracts at or below that amount (e.g., request bids from at least three potential bidders).
    • Allows NDOT to adjust the dollar thresholds annually (Oct 1) by the percentage change in the CPI-U, rounded to the next $1,000.

  • Legislative consent threshold for building construction (section 39-1355)

    • Replaces the prior flat $100,000 limit by raising NDOT’s legislative-consent threshold to the adjusted dollar amount established for capital construction projects in section 81-1114.01 (the committee and introducer materials note this amount is currently about $900,000).
    • Harmonizes NDOT’s threshold with the standard used for executive departments and agencies.

  • Repeals the original versions of sections 39-1348 and 39-1355 and inserts the amended language.

Who is affected

  • NDOT: gains flexibility and a clear statutory basis to use its website for bid advertising and to initiate larger building projects without immediate legislative approval up to the new, higher threshold.
  • Contractors and bidders: will have electronic access to bid notices and may see reduced delay/uncertainty when newspaper deadlines shift.
  • County newspapers and the press: retain newspaper notice requirements; the Nebraska Press Association provided neutral testimony at committee.
  • Legislature and state budgeting: fewer building projects under $81-1114.01’s adjusted amount will require express legislative consent.

Procedural timeline & other notes

  • Advanced from committee with amendment AM554 (added requirement that NDOT advertise on its website in addition to county newspapers).
  • Placed on Final Reading (Apr 29, 2025); passed Final Reading (May 14, 2025); presented to Governor May 14 and approved May 15, 2025.
  • Fiscal notes were filed (dates listed in legislative record); no dollar-specific fiscal impact is specified in the enacted text. The stated intent is that the changes reduce delays and associated costs by modernizing notice procedures and aligning thresholds.

Compiled from official sources — confirm details with the bill’s official record.

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