Several Bills Pass First Round of Debate


By Senator Lydia Brasch

Our eleventh week of session – days 42-45 – adjourned Friday.

We convened Tuesday, March 15 ready to press onward the best we can despite seeming endless hours of debate as we draw closer to sine die (final day) scheduled for April 20. Much work remains and late nights most certainly prevail starting March 21.

Despite determined opposition for different reasons, the Legislature advanced LB745 on Tuesday. This raises caps on fees the Nebraska Game and Parks Commission can charge. In a separate section, the hunting season for upland game birds and mallard ducks in breeding and controlled shooting areas is extended two weeks; I supported only this. I introduced an amendment to strike everything except the extension of the hunting season, but it failed to pass. I cannot support raising caps on fees because this is their second increase during my tenure in the Legislature. Collectively, citizens of Nebraska already pay too much in taxes and fees for the Legislature to raise them again. This advanced intact despite my and a few other senators’ opposition.

Later on Tuesday, several other bills of interest passed first round of debate:

  • LB960 creates a transportation infrastructure bank funded by transferring $50 million from the Cash Reserves over an eight-year period. These funds can be utilized by the state and counties for road and bridge projects. As I prioritized this bill, I voted in favor of it.
  • LB843 provides immunity from prosecution for victims of human trafficking. The intent of the legislation is to encourage victims to seek help from law enforcement to report traffickers. The bill also creates the Sexual Assault Payment Program Cash Fund, to be used to pay for forensic medical examinations for victims. I voted for this bill.

On Wednesday we began a six hour debate of LB900 which would have repealed the motorcycle helmet law in Nebraska. The bill set an age limit at 21 or older for those who would be allowed to ride without a helmet; and also, children under the age of eight would be prohibited from being a passenger on a motorcycle. LB900 also created the Motorcycle Safety and Brain Injury Trust Fund by adding $19 to the motorcycle registration fee. I did not like the fee increase, but I supported LB900 because it prohibited children from being passengers on a motorcycle – my primary concern with the bill in the past. The bill was defeated Thursday morning.

Another bill of note is LB1109. This changes the level of transparency the University of Nebraska is required when recruiting applicants for key administrative positions, such as president or chancellor. Currently, all public agencies, including the University, must disclose the top four candidates for a public vetting process. Under LB1109, that process is altered so as to require the disclosure of only a single “priority” candidate followed by a 30-day “public vetting process.” Proponents argued this makes the search process more competitive, while opponents countered LB1109 eliminates public input on the selection of the final candidate. The bill advanced to Final Reading without my support.

The Revenue Committee will be holding another public hearing on LB958, the Governor’s property tax bill. The reason for the additional hearing is the amendment that was introduced significantly altered the original bill. The amendment is AM2617 and can be found here: http://nebraskalegislature.gov/FloorDocs/Current/PDF/AM/AM2617.pdf. The hearing will be held Thursday, March 24 at 2:00 p.m. in room 1524 in the Capitol Building.

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 in the Capitol.

Lydia Brasch

Lydia Brasch

Senator Brasch Votes Against Repeal of Death Penalty


By Senator Lydia Brasch

This week at the Legislature marked Days 62 through 65 of our 90-day session. Two key items are worth mentioning from this week’s business.

 

First, and with great disappointment, it has become clear the Revenue Committee has no interest in supporting my priority bill (LB350) to reduce the valuation of agricultural and horticultural land from 75% to 65% for the purposes of property taxation. Currently, LB350 is one vote short of advancing out of committee. The objection of some rural Senators is the lack of benefit LB350 would provide their districts. Despite efforts to add an amendment providing state aid funding for their rural school districts which do not receive any state aid, there continues to be a lack of support by these rural Senators. Notably, the Department of Revenue just released its Property Assessment Report for 2014-2015 indicating a nearly 20% average statewide increase in property tax valuations for agricultural land.

 

Second, this week largely focused on prison reform and the death penalty. On Tuesday and Wednesday, the Legislature debated LB605, LB598, and LB173. These bills are considered the prison reform bills and respond to the prison overcrowding issue which is a major concern.

 

As amended, LB605 would restore a state law requiring the minimum sentence for a serious felony be no longer than one-third the length of the maximum sentence. In addition, LB173 would eliminate mandatory minimum sentences for several felonies and restrict the use of enhanced penalties for habitual criminals to a limited list of violent crimes.

 

Overall, these bills are concerning. While we unquestionably face a serious problem with prison overcrowding, LB605 and LB173 are not the solution. Rather than be soft on crime, we need to remain tough on violent crimes and habitual criminals. We should address other solutions, such as assisting non-violent criminal’s rehabilitation and their re-entry into society.

 

LB268 was somberly addressed on Thursday morning. Introduced and prioritized by Senator Chambers, LB268 seeks to repeal the death penalty for first-degree murder and replace it with life imprisonment without parole. LB268 opponents, of which I am a part, insist on the necessity of capital punishment for the most heinous crimes to ensure strict justice is served. In addition, capital punishment provides an effective deterrent to other crimes. As well, our Attorney General offered data refuting the claim prosecution of capital punishment is a cost-burden and financial hardship to the State. Also, in response to affirmations about our God-given human dignity, opponents affirm the State has a unique God-given authority to ensure society is protected from violent criminals, even to the extent of using deadly force.

 

LB268 advanced to second round with 30 votes. While this is sufficient support to become law and override a Governor’s veto, LB268 needs 33 votes to override a filibuster. I voted against the repeal of the death penalty—the need for capital punishment is a rare but necessary tool for our civil society.

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