Senator Brasch Introduces Three Bills in First Full Week of Session

By Senator Lydia Brasch

The first full week of our 60 day session concluded on January 15. I introduced three more bills: LB890, LB891, and LB929. LB890 clarifies that in any civil action resulting from a collision of a motor vehicle with any livestock on a public highway, the plaintiff — most likely the driver — cannot claim negligence by the defendant – most likely the owner of the escaped livestock — only from the fact of escaped livestock. The plaintiff must provide evidence of specific acts of negligence. LB891 requires the Nebraska Department of Health and Human Services to post accurate and up-to-date information about Down syndrome on its website. The bill also requires health care facilities and practitioners, upon receipt of a test indicating a high likelihood or definite presence of Down syndrome, to provide the information to the parents. LB929 adopts and updates references to certain federal provisions relating to transportation. The bill was brought to me by the Carrier Enforcement Division of the Nebraska State Patrol since I am on the Transportation Committee.

On Tuesday we debated LB47. As originally drafted, it required applicants for driver’s licenses or identification cards to answer the question of whether to place their name on the Donor Registry. They could respond with “yes”, “no”, or “choose not to answer”. It was amended so applicants will not be denied their driver’s licenses or identification cards if they leave that section blank. I supported the bill as originally drafted and as amended. The bill advanced to Select File (second round of debate).

On Wednesday and Thursday LB619, a carryover bill from last session, was debated. This bill attempted to legalize draw poker and community card poker by redefining them as games of skill rather than games of chance. Last session, a request was made to the Attorney General’s office for his opinion on the constitutionality of this bill since the Nebraska Constitution prohibits the Legislature from authorizing games of chance. In the opinion the AG stated that the Nebraska Supreme Court has already ruled draw poker to be a game predominated by chance and was therefore unconstitutional; and the authorization of community card games would likely be found to be an improper attempt by the Legislature to authorize games of chance expressly prohibited by the Nebraska Constitution. I oppose expanding gambling in Nebraska and expressed my opposition to LB619 on the floor of the Legislature. The bill was defeated.

On Thursday Governor Ricketts gave his State of State address. I was honored to be one of five chosen senators to escort Governor Ricketts from his office to the chamber. The full address can be found here: https://governor.nebraska.gov/press/governor-ricketts-state-state-address.

On Thursday and Friday LB113 was debated. This bill allows county jails to charge a $10 copayment to inmates who have a self-initiated, non-emergency visit to a health care provider. The bill provides exemptions from the copayment including treatment for a chronic illness, emergency care of any kind, and staff-initiated care. I am going to support the bill, but I do have concerns. The body adjourned without coming to a vote.

Please contact me, my administrative aide, Katie Wattermann, or my legislative aide, Brett Waite, with questions or concerns at (402) 471-2728 or by email at lbrasch@leg.ne.gov; or stop by Room 1016 if you are in the Capitol.  If you would like to follow the Legislature online you can visit http://netnebraska.org/basic-page/television/live-demand-state-government. Live broadcasting is available as well on NET2.

Keeping the Good Life growing in Nebraska,

Senator Lydia Brasch, District 16

Senator Lydia Brasch