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I introduced LB 793 before the Judiciary Committee this past week, at the request of the Nebraska Attorney General’s office and county sheriffs. Currently, our statutes don’t prohibit the introduction of contraband into a jail, other than something that is useful for escape. LB 793 retains the prohibition on implements for escape but expands it to include other items considered to be contraband that have no place in a prison, jail or other detention center, such as controlled substances, weapons, explosive materials, cell phones and metal files. Under current law, an inmate may possess any number of items without fear of facing more than in-house discipline. The person providing the inmate with such contraband, can’t be punished for any offense, other than possibly losing their visiting privileges. This poses a risk to the inmate, other inmates, and especially the detention facility staff.
LB 793 also amends the statutes pertaining to the assault of an officer, emergency responders, and certain employees to specifically include county jailers and juvenile corrections officers. The need for the change in assault statutes became clear two years ago when a juvenile corrections officer was assaulted and murdered by a juvenile inmate in a western Nebraska juvenile detention facility. Since the “Assault on Officer” statutes don’t clearly cover juvenile corrections officers, had the employee not died, the inmate could not have been charged with an enhanced penalty and would have been charged with a lesser crime based on the level of injury of the employee.
I also introduced LB 952 before the Health and Human Services Committee. It recognizes that efficient and reliable statewide out-of-hospital emergency medical care is a primary and essential service. It also requires county boards to ensure the availability of emergency medical services to its residents. This doesn’t necessarily mean that the counties will be managing or paying for such services, as this requirement could be met through arrangements with existing providers.
If a local community finds it must quit providing EMS, due to recruitment problems, a surrounding town may generously decide to expand their services to provide residents with protection. However, these other locations shouldn’t have to be responsible for this.
In 2004, in their Five-Year Report to the Legislature, The Nebraska Board of Emergency Medical Services stated that although the citizens of the State have benefitted from a largely volunteer EMS system for many years, there is no statutory requirement for the provision of those services. If EMS systems fail, a crisis could occur with no governmental responsibility to ensure the provision of services.
I realize this is a controversial issue, as it could have a financial impact on counties. However, I felt that it was time to start a serious conversation on county oversight of emergency medical services.
Furthermore, LB 952 alters the make-up of the Board of Emergency Medical Services. Currently, the 17-member board is only required to have one member who is a volunteer emergency medical care provider. My proposal would increase the number of volunteers to 3 on the board, ensuring better representation in rural Nebraska.
Debate on the floor this week centered on LB 188, which was the bill I introduced to define “innocent third party” in police pursuits. After surviving a cloture vote on General File, LB 188 fell two votes short of the necessary 33 votes on the cloture motion on Select File. Consequently, the bill will not be debated again. Since the Legislature had not defined the term “innocent third party”, the courts had judicially done so, leading one Supreme Court judge to suggest that the Legislature might want to narrow the court’s definition, as he didn’t think that some of the persons qualifying for $1 million in damages as an innocent third party were what the Legislature intended, such as a passenger in the fleeing vehicle with meth on him and drinking from an open container of beer. However, a number of attorneys in the Legislature didn’t support the recommendations from the Supreme Court judge.
As we continue to debate bills that have been prioritized, I encourage your input. I can be reached at District #1, P.O. Box 94604, State Capitol, Lincoln, NE 68509. My email address is email@example.com and my telephone number is (402) 471-2733.
Nebraska is the only state in the country which imposes strict liability for law enforcement motor vehicle pursuits on a law enforcement agency even when it is the driver of the vehicle being pursued that causes injury to an “innocent third party”. This means that this liability is imposed even if the law enforcement agency is not in any way negligent in its pursuit and follows to the letter the motor vehicle pursuit policy that all law enforcement agencies in Nebraska are required by statute to have in place.
This law, written by Senator Ernie Chambers, was passed some 30 years ago, in an effort to protect an “innocent third party” who is injured due to a police pursuit. In the debate at that time, Senator Chambers spoke of compensation for parties who were not involved in the chase, such as innocent bystanders and persons in other vehicles that might be hit by the fleeing vehicle. I don’t believe that anyone would have envisioned how the law has evolved over time.
Since the Legislature did not define “innocent third party” for purposes of the strict liability pursuit law, the courts have judicially constructed a definition. However, in a recent lawsuit, the Nebraska Supreme Court held that a passenger in a fleeing vehicle, who was drinking from an open container of beer and was in possession of methamphetamine, was nonetheless still an innocent party. As a result, the self-insurance pool for the counties had to pay $1 million in damages. This holding caused one Supreme Court judge to issue a separate opinion, where he stated that he doubted that most members of the Legislature would characterize such a passenger in a vehicle fleeing from law enforcement as an innocent third party. However he concurred with the final result of the court because the Legislature had not replaced the court’s definition with one of its own. He went on to emphasize that the Legislature has the power to change the result in a future case by narrowing the definition of “innocent third party”.
After this lawsuit, a local county commissioner and deputy sheriff contacted me and asked if the law could be changed. As a result, I introduced legislation. LB 188, which defines “innocent third party”, was debated for six hours over the last two weeks. I offered a motion to invoke cloture, which received 37 votes, 4 more than required. This cut off debate, allowing for a vote to be taken on the advancement of the bill, which was also successful.
LB 188 does not change the law relating to bystanders or for persons in other vehicles. It only affects passengers in the fleeing vehicle and only under certain circumstances such as if they are sought to be apprehended by law enforcement or if they have engaged in conduct chargeable as a felony, which for the most part have been spelled out through case law.
Over the years, the number of police pursuits has decreased significantly, which is good. However, law enforcement still need this option in certain circumstances. LB 188 will give the court some standards to consider in determining whether a passenger in a fleeing vehicle is really an “innocent third party” and therefore eligible for automatic recovery of up to $1 million in taxpayer money.
LB 188 was not designated as a priority bill and may be the last bill that is debated this year without priority status. Next week is the deadline for designation of priority bills. After that date, typically only bills with priority status or bills that are non-controversial and eligible for consent calendar, are placed on the agenda.
I encourage you to contact me with your thoughts and opinions on legislation being debated by senators or if you have questions on any bills. 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.
Bills can be introduced during the first 10 days of the legislative session. The last day for bill introductions is Wednesday, January 21. The following is a brief description of the bills that I have been working on throughout the interim and have introduced so far.
LB 46, introduced on behalf of the statewide Trauma Advisory Board, revises language regarding the accreditation of rehabilitation centers in the state, specifically as it relates to the rehabilitation of trauma patients. The bill redefines the levels of rehabilitation services to reflect current practice and to bring the levels and definitions up-to-date.
LB 47 makes the question mandatory on an application for a driver’s license or identification card regarding whether to be on the Donor Registry. Currently, it is optional for applicants to answer this question. Nearby states that require responses have higher percentages of applicants indicating their wish to become donors.
Under LB 105, the state rather than the county, would have to pay for the costs associated with an autopsy and grand jury when an inmate dies in state custody. This is one of several unfunded mandates that the Legislature will address as we work towards property tax relief. This legislation would help Johnson County, where Tecumseh State Correctional Institution is located.
LB 106, the Livestock Operation Siting & Expansion Act, was introduced to encourage livestock development and expansion, which is extremely important to the economy of our state. The industry in Nebraska hasn’t grown in the past two decades at rates comparable to neighboring states. The legislation would allow counties to use a scoring matrix system for the approval of new or expanding livestock facilities, which would make the process more predictable and consistent throughout the state.
LB 130 would allow projects allocated funding through the Nebraska Resources Development Fund to be eligible for funding from the new Water Sustainability Fund. I will also introduce a bill to appropriate enough funding within the next two years to allow for the completion of these projects. These projects were existing when the new funding system was passed last year. They are important projects that are beneficial for the state and have already been approved through an extensive application process.
LB 145 would eliminate the executive officer licensing requirement, while retaining the ability of the Department of Banking and Finance to suspend the authority of the executive officer or impose fines upon the executive officer for violations of law. Nebraska may be the only state that requires a formal license process.
LB 178 would reduce the valuation of agricultural land by 5% per year for four years, thereby reducing it from 75% to 55% for school district taxation purposes. This is another option that is being presented to look at property tax relief and the high burden placed on agricultural land owners in the support of local schools.
LB 188, which I am introducing again this year, amends our current pursuit law, which was enacted to protect an innocent bystander who gets hurt as a result of a police pursuit. Nebraska is the only state that imposes liability on the law enforcement agency regardless of whether the law enforcement agency was negligent in its pursuit and even when the driver being pursued causes the injury to the “innocent third party”. Under this legislation, a passenger in a fleeing vehicle would not be considered an “innocent third party” if they entered the vehicle knowing that the driver was under the influence, if they are sought to be apprehended by law enforcement or if they are engaged in any illegal activity which would itself result in arrest.
LB 228 would reduce the corporate income tax rate to the level of the top two brackets of the individual income tax. Other types of companies, such as limited liability companies and Subchapter S corporations are considered “pass-through” organizations under state and federal income tax laws. This is a special business structure that is used to reduce the effects of double taxation, meaning that pass-through entities don’t pay income taxes at the corporate level, only at the individual owners’ level. LB 228 is attempting to level the playing field for the different types of business structures.
LB 229 appropriates funding for the CASA (Court Appointed Special Advocates) program. There are currently 22 CASA programs serving 38 Nebraska counties, with more than 600 volunteers advocating for more than 1,500 Nebraska children. Statistics have shown that a child with a CASA volunteer is more likely to be adopted and less likely to re-enter foster care. The funding would allow the program to continue and grow to serve more counties.
LB 364 would increase the funding appropriated to the Property Tax Credit program, funding the program at $200 million per year. This would translate into an approximate $100 credit for each $100,000 of valuation.
LB 386 would exempt header trailers and seed tenders from sales tax. Agricultural machinery and equipment was permanently exempted from state sales tax beginning in 1992. In 2012, the Department of Revenue issued a revised “Information Guide” ruling that these implements did not qualify for the sales tax exemption. This legislation would clarify that such trailers are exempt, as was the practice before the ruling.
As the bills are introduced, I encourage you to contact me with your thoughts and opinions. I can be reached at District #1, P.O. Box 94604, State Capitol, Lincoln, Nebraska 68509. My email address is email@example.com and my telephone number is (402) 471-2733.
Four hundred and sixty bills and six constitutional amendments were introduced during the 10-day introduction period for this legislative session. I introduced seven bills, some on behalf of constituents and some at the request of various organizations.
I introduced LB 711 at the request of the Department of Health and Human Services. When meth labs are discovered by law enforcement, the owner of the property cannot permit someone to live there until rehabilitation has been completed. An owner that violates this prohibition may be subject to a civil penalty up to $1,000. Legal advice suggested the need for due process prior to assessing the fine. LB 711 would allow an owner to request an administrative hearing to dispute a mistake in ownership or errors in the determination that the property was the site of a meth lab or that the property needs rehabilitation. The public hearing was held on LB 711 this past week. Dr. Joe Acierno, the Chief Medical Officer for DHHS, and Kay Oestmann, the director at Southeast District Health Department, testified in support of the bill.
LB 810 would prohibit local ordinances that interfere with the rights of lenders with respect to real estate loans and servicing rights. Such laws could still be imposed by the state or federal government.
Under LB 850, persons with developmental disabilities would be eligible for a homestead exemption, if they meet specified income limits and homestead value requirements. Currently, only persons over age 65, disabled veterans and their widow(er), and persons with certain permanent physical disabilities qualify for the property tax relief program.
LB 881 would amend our current pursuit law, which was enacted to protect an innocent bystander who gets hurt as a result of a police pursuit. Nebraska is the only state that imposes liability on the law enforcement agency regardless of whether the law enforcement agency was negligent in its pursuit and even when the driver being pursued causes the injury to the “innocent third party”. Although attempts to repeal this strict liability law have not been successful, the Legislature has never defined “innocent third party”, which would help limit liability in certain situations. Following a recent Nebraska Supreme Court case which found a passenger in a fleeing vehicle, who was violating the open container law and was found with meth on him, to be an “innocent third party”, one of the justices issued a separate opinion containing suggestions for the Legislature. Under LB 881, a passenger in a fleeing vehicle would not be considered an “innocent third party” for such things as entering the vehicle knowing that the driver is under the influence, if they are sought to be apprehended by law enforcement or if they are engaged in any illegal activity which would itself result in arrest.
LB 930 deals with the One-Call Notification System Act. It would require a representative of the operator to be present whenever an excavation is performed within 25 feet of an underground natural gas transmission line or other critical facility, unless otherwise agreed upon by both the operator and the excavator.
The Game and Parks Commission currently has a significant backlog of deferred maintenance projects and consequently decided to temporarily close some facilities in order to reassign staff to work on projects. Arbor Lodge State Historical Park in Nebraska City was on the list for temporary closure. In order to prevent this from happening again in future years, the Friends of Arbor Lodge Foundation, along with the City of Nebraska City, Nebraska City Tourism and Commerce, the Arbor Day Foundation and the Nebraska State Historical Society have worked on a plan to transfer operating responsibility from the state to the community partnership. In order to make the transfer feasible, $2.1 million of deferred maintenance projects at Arbor Lodge need to be completed first. I introduced LB 1033 to appropriate the money necessary for the maintenance projects at Arbor Lodge State Historical Park.
I introduced LB 1104 to allow a facility with a Y liquor license, which is granted to farm wineries, to also attain a retail liquor license. The development of farm wineries in the state have been important for economic development and the promotion of Nebraska products.
If you have any comments on the bills that I introduced or were introduced by other senators, I welcome 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.