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It’s been a busy week in the Unicameral. The Legislature overrode the Governor’s veto of the gas tax with no votes to spare. Consequently, the gas tax will increase by six cents over a four-year period beginning in January. We discussed LB 586, which would prohibit discrimination based upon sexual orientation and gender identity, for several hours before it was pulled from the agenda at the sponsor’s request.
The Legislature gave first-round approval to LB 623, which authorizes driver’s licenses for certain children of undocumented immigrants, and to LB 643, the bill allowing medical marijuana. We gave second-round approval to the prison reform bills, which took on more significance after the incident at Tecumseh State Correctional Institution (TSCI). The budget bills were given final approval this past week by the Legislature. The Governor now has the ability to line-item veto specific appropriations from these bills, after which the Appropriations Committee will meet to decide which vetoes, if any, to recommend be overridden.
LB 623 would make individuals who can demonstrate lawful status for a period of time by the federal government under the Deferred Action for Childhood Arrivals (DACA) program eligible for driver’s licenses. Nebraska is the only state that denies driver’s licenses to these children that have been given legal protection by the President. Nebraska’s policy denying the licenses was put in place by former Governor Dave Heineman. A similar law in Arizona was ruled unconstitutional last year and a lawsuit is currently pending in Nebraska. After 8 hours of debate and a successful cloture motion, LB 623 was advanced on a 37-8-4 vote.
LB 643, the Medical Cannabis Act, was amended by Judiciary Committee amendments prior to advancing from the first stage of debate on a 27-12-10 vote. The committee amendments are fashioned after a similar law adopted in Minnesota, which is seen as one of the strictest laws among the 23 states that allow for medical marijuana.
The Department of Health and Human Services Division of Public Health would create a registry of patients that would be permitted to obtain medical cannabis, if diagnosed with a qualifying medical condition by a health care practitioner. The qualifying medical conditions listed in the bill include cancer, HIV, seizures, multiple sclerosis, and terminal illness. Severe or chronic pain does not qualify on its own, but must be associated with one of the listed conditions. Medical marijuana could be used as a liquid or oil, as a pill, or in a vaporized form of the liquid or oil. Smoking of marijuana would not be permitted under LB 643.
I am concerned for the staff at TSCI. I was aware of the use of mandatory overtime at the institution prior to the incident last week. Mandatory overtime can lead to safety issues, as well as job discontent. High turnover in staff results in less experienced employees. The newly appointed director of the Department of Corrections has indicated that he will conduct a study on staffing this summer and I have asked to be kept updated.
I am also concerned with the costs from the TSCI incident that will fall on Johnson County due to the death of two inmates and the charges that will be filed on other inmates. I introduced a bill earlier this year to transfer the financial responsibility for the costs of an autopsy, grand jury payments and witness compensation from the counties to the State of Nebraska when an incarcerated inmate dies while serving a sentence in a state correctional institution. Although the bill advanced from the Government, Military and Veterans Affairs Committee, it has stalled on General File. I am hopeful that something can be done to help the county with these “state” expenses.
During the last two weeks of this legislative session, I still encourage your input. I can be reached at District #1, P.O. Box 94604, State Capitol, Lincoln, NE 68509. My email address is firstname.lastname@example.org and my telephone number is (402) 471-2733.