One issue that is expected to be debated on the floor during the 2009 Legislative Session is the death penalty.

Governor Dave Heineman says that while a repeal of the death penalty was debated three times last year, this year he expects a repeal to be less of a debate, and adopting a means of execution to be the focus.

Last February, the State Supreme Court ruled the electric chair an unconstitutional means of execution, leaving Nebraska with no way to carry out their death sentence.

"We currently have a death penalty statute without a Constitutional method to perform the execution. This is a very serious issue," said Heineman.

Governor Heineman says he and most Nebraskans support the death penalty, and he says it's time the Legislature makes lethal injection the means of execution.

"Three times last year we debated the repeal of the death penalty and it was defeated every time. It's now time to move on and accept the fact that the death penalty is supported in the state and get a Constitutional method of execution. I expect it to pass in this Legislative Session, and I hope it does so I can sign it into law," Heineman said.

A pre-session survey by Associated Press showed 29 senators favor the change. But the Chairman of the Judiciary Committee, Senator Brad Ashford of Omaha, says it isn't an easy issue.

"I have always been unsure about the death penalty because I don't think it deters crime, but on the other hand, there is an argument clearly that we have a death penalty without a means of carrying it out in Nebraska, and that is inappropriate as well," said Ashford.

Speaker of the Legislature Mike Flood is expected to propose a bill to adopt lethal injection, which would allow the state to execute prisoners once again.

"We've got men on death row that have been convicted and sentenced to death, and on top of that we have heinous crimes being committed in Nebraska every year, some of which are eligible for the death penalty," Flood said.

Speaker Flood sums the issue up as a simple decision.

"It's time to finish this discussion, adopt lethal injection, and move on," Flood said.

But other senators are still weighing the options.

"It's going to of course be a difficult discussion, nobody, whether they support the death penalty or don't support the death penalty, likes the death penalty," said Ashford.