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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.
Things are heating up in the Legislature. The Speaker cancelled debate on the floor of the Legislature for two mornings, allowing the committees that meet in the afternoons for public hearings to hold executive sessions. The deadline for the designation of priority bills is next week and senators like to know if a bill has a chance of advancing from committee prior to designating it as a priority bill.
Public hearings were held on several controversial issues this past week. The annual attempt by Senator Ernie Chambers to repeal the death penalty was heard before the Judiciary Committee. I believe this is his 38th attempt. Since LB 268 was introduced, eight senators have added their names as co-sponsors, including four members of the Judiciary Committee. With Senator Chambers’ vote, it is virtually assured that the bill will be advanced from committee. Senator Chambers has already designated it as his priority bill.
Proponents of LB 268 note that since 1973, 150 individuals in the U.S. have been wrongfully sentenced to death. They also point out that the death penalty is arbitrarily applied, that it is emotionally hard on the victim’s families and that it is very expensive due to the cost of appeals. Opponents argue that the death penalty serves as a deterrent and that it is a necessary tool in securing convictions.
Currently, we have 11 men on death row. However, we do not have a means of carrying out the death penalty, as one of the three drugs required by the Department of Correction’s protocol has expired and is extremely difficult to legally obtain. The last execution in Nebraska took place in 1997.
The Judiciary Committee also heard testimony on LB 643, introduced by Bellevue Senator Tommy Garrett. LB 643 would adopt the Cannabis Compassion and Care Act. It would allow for and regulate the use of marijuana for medical treatment. This is the first time that such legislation has been introduced in Nebraska.
Senator Sue Crawford, also of Bellevue, introduced LB 390. It creates the Medical Cannabidiol Pilot Study within the University of Nebraska Medical Center for patients who suffer from severe and untreatable epileptic seizures. It allows access to low-THC cannabidiol for patients under the supervision of a neurologist at UNMC. Since low-THC cannabidiol has no psychoactive effects on the user, it would have no recreational use. I have signed on to LB 390 as a co-sponsor, after visiting with parents that have exhausted traditional means of treatment for their children and have nowhere else to turn.
LB 610, introduced by Papillion Senator Jim Smith, was heard before the Revenue Committee. It proposes to increase the fixed portion of the gasoline tax by 1.5 cents every year for four years. Once fully implemented, it would generate approximately $25 million more a year for the Department of Roads and $50 million more annually for cities and counties, to be used for necessary road and bridge projects.
Omaha Senator Jeremy Nordquist introduced LB 623 that was heard before the Transportation and Telecommunications Committee. It would grant a driver’s license to those demonstrating lawful status by the federal government under the Deferred Action for Childhood Arrivals program. It is estimated that approximately 2,300 individuals would be eligible under the bill. Nebraska is the only state that does not allow such individuals to obtain a driver’s license.
I welcome your comments and opinions on these issues, as well as others that are before the Legislature. 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 email address is email@example.com.