Brasch Attends Meeting on Guardianships and Conservatorships

March 5, 2016 Leave a comment


By Senator Lydia Brasch

Our eighth week of session – Days 30 through 33 of our 60-day session – adjourned on Thursday.

LR35 – debated on Monday of last week – was a Legislative Resolution that called for Nebraska to add its name to the requisite 34 states needed in order to call a convention of the states for the purpose of proposing amendments to the United States Constitution, the authority for which is granted to the State Legislatures under Article V of the U.S. Constitution. To date, only five states have passed the resolution. The language of the resolution stated that the amendments proposed be limited to proposing amendments to the Constitution of the United States that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of Congress. However, as opponents we believed the outcome of such a convention is uncertain and there may be unintended consequences that result from having a convention and proposing amendments. The resolution failed to pass. I voted against the resolution.

LB188 was debated for over four hours. This bill defined who would be considered an innocent third party in vehicular pursuits by law enforcement. LB188 sought to place a definition in statute and narrowly define who would be considered an “innocent third party”. As a compromise, the introducer of the bill removed portions that would have disqualified a person from being considered an innocent third party if they entered a vehicle without coercion and with a reasonable belief that the driver of the vehicle is under the influence of alcoholic liquor or drugs. Also removed was if a person failed to take reasonable steps to persuade the driver to stop the vehicle, they would not be considered an innocent third party. As part of the compromise, the word “immediately” was added to describe the time frame for which a person who engaged in criminal activity in the past may or may not be considered an innocent third party in the vehicular pursuit. For example, if someone did not file their income taxes three years prior to the pursuit, but are in the vehicle being chased by the police, but not for anything they have done – they simply are in the wrong place at the wrong time – then they can still be considered an innocent third party.

However, the opponents wanted another provision in the bill that would have been difficult for law enforcement to engage in future pursuits. And that is, prior to the chase, the law enforcement officer must identify the suspect they are pursuing. The opponents were successful in defeating the bill as it fell two votes short of a cloture vote. I was for this bill.

On Friday I attended a meeting of the Supreme Court Commission on Guardianships and Conservatorships. The Chief Justice of the Nebraska Supreme Court appointed me to the commission in 2015. The Legislature created the Office of Public Guardian in 2014, which serves as guardians and/or conservators to Nebraskans who are unable to make decisions on their own, and have no private individual or organization to support their decision-making needs. The purpose of the commission is to propose solutions or improvements to help meet the challenges of caring for vulnerable adults and children that can be placed in statute, added to the court rules, and court procedures. The Office of Public Guardian can be appointed by a court when it is determined that guardianship and/or conservatorship is the least restrictive way to meet an individual’s decision-making needs, and there is no one else to serve.

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 also available on NET2.

Keeping the Good Life growing in Nebraska,

Senator Lydia Brasch, District 16

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Governor Ricketts Vetoes Death Penalty Repeal

May 26, 2015 Leave a comment


This afternoon, Governor Pete Ricketts vetoed LB268, a bill which would repeal the death penalty in Nebraska. The bill also attempts to repeal the sentences of convicted murderers currently sitting on death row. Governor Ricketts announced his veto at a veto-signing ceremony held at the Nebraska State Capitol at 3:00pm today.

 

Governor Ricketts was joined at the ceremony by Attorney General Doug Peterson, family members of a victim of the 2002 Norfolk bank shooting, state senators, and members of the law enforcement community. 

 

“Today, I am vetoing LB268 which would repeal the death penalty in Nebraska,” said Governor Pete Ricketts. “Repealing the death penalty sends the wrong message to Nebraskans who overwhelming support capital punishment and look to government to strengthen public safety, not weaken it. Under this bill, there is no guarantee that convicted murderers will stay behind bars for life or not harm other innocent victims.”

 

“The Legislature’s decision will test whether our state has the prosecutorial tools to manage the ‘worst of the worst’ cases. Their decision will determine whether the families of the victims of ten men on Nebraska’s death row will ever receive the justice meted out by a very deliberate and cautious judicial process in each of their cases. Their decision tests the true meaning of representative government. For these reasons, I urge Nebraskans to contact their senator, and ask them to sustain my veto.”

 

The Governor also pointed out that life imprisonment, as proposed in LB268, is not a thoughtful compromise because it does not guarantee that a convicted murderer will spend his life behind bars. The case of convicted murderer Laddie Dittrich demonstrates this. Dittrich was sentenced to life imprisonment, yet after serving only 40 years in prison, his sentence was commuted by the Pardons Board. He was then paroled, and shortly thereafter arrested for sexually assaulting a young girl.  

 

“Heinous murderers such as the ten on Nebraska’s death row have surrendered their lives by their own utter disregard for human life,” said Attorney General Peterson. “The state affirms this reality through a sentence of death. The state should not be deprived of its ability to carry out a just sentence.”

 

“I watched my daughter die over and over again on the security camera footage during the trial and then during the sentencing,” said Vivian Tuttle, mother to 2002 Norfolk bank shooting victim Evonne Tuttle. “The jury said my daughter’s murderer should be put to death, and I believe it is appropriate for justice to be carried out. Senators who vote to override the Governor’s veto of LB268 are preventing justice for my daughter and all of the other families from being carried out.” 

 

“As I have been visiting with senators, I have informed them that the death penalty is an important tool used by prosecutors and law enforcement in tough cases,” said Pierce County Sheriff Rick Eberhardt. “Senators should listen to their county attorneys, juries, as well as judges. Do not second guess their work. This is a matter of local control.”

 

“The death penalty remains an important tool and protection for Nebraska’s law enforcement community that works firsthand to protect our state against dangerous criminals,” said Brian Petersen of the State Troopers Association of Nebraska (STAN)  in a prepared statement. “The deterrent effect of capital punishment protects lives, including the lives of our state’s men and women who wear blue. Law enforcement put their lives on the line every day, and they deserve every protection our state can provide to them. Repealing the death penalty strips away one of those protections at a time when law enforcement faces greater risks than ever before. STAN urges senators to sustain the Governor’s veto of LB268.”  

LB268 Veto Ceremony

 

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Senator Brasch Comments on Senator Chambers Statements About Law Enforcement

April 1, 2015 Leave a comment


Thursday debate was largely consumed with recent, unacceptable statements made by Senator Ernie Chambers regarding law enforcement. During a Judiciary Committee Hearing held on March 20th for LB635 providing an additional location where a concealed carry permitholder has the right to carry a concealed handgun, Senator Chambers went on a reckless diatribe equating law enforcement officers with the terrorist group ISIS (Islamic State of Iraq and Syria). While Senator Chambers’ comments can sometimes be hyperbolic and politically charged, this time he went too far. Multiple times I urged Senator Chambers to apologize for equating law enforcement with ISIS and statements which could be taken to incite violence and retaliation against law enforcement. Many others Senators did the same.

 

While many Senators invoked the importance of free speech, I made it clear our liberty of free speech is not about the ability to say whatever we want whenever we want. Rather, our liberty of free speech is connected to the exchange of ideas in pursuit of the truth. With regards to politics, our speech should promote truth for the common good. Additionally, our exercise of free speech can promote good actions, or have consequences inciting harmful reactions.

 

In this instance, while citing specific cases of abuse of law enforcement power, Senator Chambers did a great disservice to the overwhelming majority of our men and women in blue who serve us well. Although I certainly respect the good things Senator Chambers has done throughout his years of Legislative service, Senator Chambers was out of line and should offer an apology for his infuriating comments. On that note, I want to take a special opportunity to thank all of our law enforcement for their selfless and virtuous service to our communities and state.

 

The Legislature also debated important issues regarding motorcycle helmet laws, term limits, and organ donation. LB31 would have repealed the motorcycle helmet law, providing the operator the choice whether to wear a helmet. LB31 fell short by nine votes to end debate and provide a vote for advancement.

 

LR7CA gives voters the opportunity to decide in the 2016 general election whether to extend a state senator’s term from four to six years. The committee amendment offers the question whether state senator’s term limits should be increased from two to three four-year terms. This sparked a discussion over issues such as frequent senator turnover, loss of institutional knowledge, issue familiarity, and the desires of the citizens. LR7CA will receive additional floor debate before it is voted on.

 

LB47 also received significant attention. LB47 requires applicants for drivers licenses or identification cards to answer the question whether to place their name on the donor registry and donate their organs and tissues at death. Currently, this question is optional. The debate focused on the need for increased organ donors and whether LB47 violates the constitutional right of free speech by mandating an answer regarding organ donation to obtain a drivers license or identification card.

 

As always, please contact me, administrative aide, Katie Wattermann, or legislative aide, Tom Venzor, with questions or thoughts at (402)471-2728 or e-mail at lbrasch@leg.ne.gov.

 

Keeping the Good Life Growing in Nebraska,

Senator Lydia Brasch, District 16

Senator Lydia Brasch

Senator Lydia Brasch

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Law Enforcement Organizations Endorse Ricketts

October 8, 2014 Leave a comment


The Nebraska State Troopers Association, the Nebraska Conservation Officers, and the State Law Enforcement Bargaining Council today endorsed Pete Ricketts’ bid for governor.

 

“It is an honor today to be able to announce the support of the State Troopers Association of Nebraska and the State Law Enforcement Bargaining Council for Pete Ricketts as Governor,” said Brian Petersen, President of the State Troopers Association of Nebraska and the State Law Enforcement Bargaining Council which includes troopers from the Nebraska State Patrol and Conservation Officers from Nebraska Game and Parks. “Mr. Ricketts has taken time to study the issues related to state law enforcement and what makes a law-enforcement officer most effective in best serving the citizens of the state.”

 

“One of the primary missions of state government is to protect the safety of our citizens,” Ricketts said. “Nebraska’s State Troopers and Conservation Officers do that each and every day, putting their own safety at risk.  They deserve our support.”

 

At a press conference today with Peterson in Omaha, Ricketts outlined his support for the protection of officers’ collective bargaining rights, pension plans, and technology and equipment needs.  He also  committed to establishing open lines of communication with the groups and ensuring them a seat at the table in state policy discussions.

 

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