NEBRASKA LEGISLATURE
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Sen. Dan Watermeier

Sen. Dan Watermeier

District 1

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Legislative Update

April 11th, 2013

Legislation increasing the annual cost of a park permit from $20 to $25 was passed two years ago. This year, LB 362 was introduced by Lincoln Senator Bill Avery. It proposes to eliminate the park entry permit for residents and replace it with a $7 registration fee on most motor vehicles. Non-residents would still be required to purchase a park entry permit. As introduced, it would result in increased revenue for state parks of approximately $7 million a year, which would be used help offset the $43 million in backlogged deferred maintenance projects and ADA-compliance requirements at the more than 80 state parks and recreation areas in Nebraska. Proponents stressed that state support for parks has been flat for a number of years and that the current permit process can’t sustain the needs of the parks in the future.

Opponents to the measure emphasized that Nebraska already has one of the highest registration fees among the states. Senators stressed that motor vehicle fees should be dedicated to roads and should not be diverted for other purposes. Additionally, some senators felt it was unfair that all motorists would have to pay for state parks, regardless of whether they visit one.

Senators debated LB 362 for several hours, but came to no consensus, nor took any vote on pending amendments. Based on the number of senators having concerns, the introducer pledged to work on alternatives prior to further debate on the bill.

Last year, the U.S. Supreme Court ruled that the sentencing of juveniles to a mandatory sentence of life without the possibility of parole violated the Eighth Amendment of the U.S. Constitution, prohibiting cruel and unusual punishment. The court ruled that a life sentence could not be the only option for a judge when sentencing a juvenile charged with first-degree murder, as is the current law in more than two dozen states, including Nebraska and Iowa. The majority opinion noted that mandatory life without parole precludes consideration of such factors as the juvenile’s age, immaturity, impulsiveness, failure to appreciate risks and consequences, as well as the juvenile’s family and home environment. Twenty-seven inmates in Nebraska are currently serving life sentences for crimes they committed as juveniles.

The ruling recognizes scientific research that shows brains of juveniles are still developing, making them more prone to rash decisions and risk-taking, but giving them more opportunity for rehabilitation. Furthermore, researchers believe that many young offenders may suffer from mental illness, making them not fully capable of understanding the consequences of their actions.

As introduced, LB 44 did not list a minimum number of years as an alternative sentence to life without parole. As advanced from the Judiciary Committee, committee amendments proposed a possible sentence of 30 years to life for juveniles convicted of first-degree murder. Under our good time laws, a 30-year sentence would allow a juvenile to be eligible for parole after serving 15 years. Amendments were offered to increase the 30-year minimum sentence to 60 years, making the inmate eligible for parole after 30 years, and to provide for a 25-year mandatory minimum sentence. Neither amendment was successful. A compromise amendment providing for a 40-year minimum sentence (parole eligible after 20 years) was adopted.

The Legislature discussed LB 44 for more than 8 hours this past week before voting to advance the bill to the second stage of debate. Senators did not attempt a cloture vote due to the importance of the subject and the need to reach a compromise to assure that legislation is passed this year.

LB 589, a bill I introduced to clarify exemptions from the requirements of the One-Call Notifications System Act in the event of emergency conditions involving a natural gas pipeline leak, was given first-round approval this past week. LB 589 was designated as a speaker priority bill earlier this session.

As the Legislature begins the final 30 days of this legislative session, I encourage you to contact me with your thoughts and opinions on pending legislation. I can be reached at District #1, P.O. Box 94604, State Capitol, Lincoln, NE 68509. My telephone number is (402) 471-2733 and my e-mail address is dwatermeier@leg.ne.gov.

 

Sen. Dan Watermeier

District 1
Room #2108
P.O. Box 94604
Lincoln, NE 68509
Phone: (402) 471-2733
Email: dwatermeier@leg.ne.gov
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