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Jan. 19-22, 2016 UNICAMERAL UPDATE Stories published daily at Update.Legislature.ne.gov Vol. 39, Issue 3 / Jan. 19 - 22, 2016 Chief justice highlights Vaccination bill court improvements fails to advance ocusing on prog- bill that would have required ress made regarding Nebraska teens to be vac- Fcriminal justice re- A cinated for meningococcal form, Chief Justice Michael disease stalled Jan. 20 after a debate Heavican of the Nebraska spanning two days. Supreme Court delivered LB18, introduced by Omaha Sen. his State of the Judiciary Bob Krist last ses- address to the Legislature sion, would have Jan. 21. added the menin- Heavican began his gococcal vaccines remarks by acknowledg- recommended by ing the service of retired the U.S. Centers Justices Ken Stephan and for Disease Con- Mike McCormack, who trol and Prevention Sen. Bob Krist left the state Supreme (CDC) to the required immunizations Court last year. He also wel- for students enrolled in Nebraska comed Justice Stephanie schools. Two doses would have been Stacy who was appointed required—one when a student enters sev- to fill Justice Stephan’s enth grade and another after turning 16. seat. Chief Justice Michael Heavican addressed senators in the According to the CDC, meningitis Discussing the achieve- Norris Chamber. is a relatively uncommon but serious ments and challenges facing Ne- which serves nearly 500 incapacitated disease caused by the inflammation of braska’s court system, Heavican said Nebraskans who have no one to serve the protective membranes surrounding the state motto of “Equality Before as their guardian. The office also the brain and spinal cord. Meningitis, an the Law” is a guiding principle for the provides education, information and outcome of meningococcal disease, usu- judicial branch. support to 11,000 individuals who ally is caused by viral or bacterial infec- “It echoes the most basic principles serve as guardians and conservators tions spread by saliva or mucus and can upon which our state and our nation throughout the state. lead to loss of hearing and extremities, are founded,” he said. “The motto is Heavican said the court will need learning disabilities and brain damage. carved in stone on the entrance of this to work with the Legislature to con- Meningitis can be fatal in a short building and also appears above the tinue to improve the office, whose time, but it is often misdiagnosed be- bench in our court, in the governor’s resources already are stretched thin cause it has symptoms similar to the office and in the Warner Chamber.” by the number of individuals requir- flu. Teens and young adults are at in- The Chief Justice discussed several ing services. creased risk of contracting the disease. bills passed by the 2014 Legislature He also noted the success of LB605, Krist said that approximately 1,500 that had a significant impact on the which created important criminal jus- Americans contract meningitis every court system during the last year. tice reforms in Nebraska. The impact year. Ten to 15 percent of those cases One of those bills created the has been particularly significant within are fatal, he said, and about 20 percent Office of Public Guardian, he said, the state’s probation system, he said. of those who survive the disease are (continued page 2) (continued page 2) INSIDE: Packer ownership of hogs advanced • Juvenile confinement discussed • Hearing schedule • New bills January 19 - 22, 2016 Chief justice Vaccination bill fails to advance (continued from front page) highlights court left with permanent disabilities. the immunization conflicts with his or “Keeping our teens up to date with her religious beliefs. An amendment improvements vaccinations is the best defense against filed by Groene would have included (continued from front page) meningococcal disease known today,” philosophical beliefs in that exemption. Among other provisions, the bill Krist said. “The experts that have Sen. Laura Ebke of Crete opposed provided for new day and evening talked to me and asked me to bring the bill. She said public health officials reporting centers for adult probation this forward are convinced that this is should educate and advise people clients. Every reporting center has a the right thing to do.” about available vaccinations, but the supervised substance abuse supervi- Sen. John Kuehn of Heartwell state should not mandate them unless sion (SASS) program, he said. spoke in support of LB18. He said they inoculate against highly infec- “These centers average 6,000 visits increasing the number of people vac- tious diseases that pose a threat to a from probation clients each month cinated against meningitis would make large number of people. and provide services in every major it less likely that the disease could be “Even family physicians don’t agree community across the state,” he said. communicated to children younger on whether or not this is an appropri- “We are proud that 89 percent of the than 2, another group that is at in- ate thing for the state to mandate,” she clients released from the SASS pro- creased risk of contracting the disease. said. “The low number of cases causes gram in 2015 have been drug-free for “By reducing the incidence of me to question the need for govern- at least one year.” disease and the potential communi- ment force or government mandate.” In addition, Heavican highlighted cability among the 12- to 20-year-old Sen. Dan Hughes of Venango also progress in juvenile justice reform, population, we are protecting those opposed the bill. He said he does not improved access to the court system families with young children under 2 question the meningitis vaccination’s for self-represented litigants and tech- who don’t have the option or choice potential benefit, but he believes the nological advancements. for vaccination,” Kuehn said. state should not make it mandatory. “The mission of Nebraska’s judicial Sen. Mike Groene of North Platte “Every time we mandate something, branch is to provide the citizens of this opposed the bill. He said meningitis does we’re taking power away from the great state with an open, fair, efficient not pose a large enough risk to Nebraska’s individual,” he said. “And to me, the and independent system for the ad- young people to justify a mandate that parent’s responsibility to make those de- vancement of justice under the law,” would limit individual freedom. cisions for their children is paramount.” Heavican said. “We work to provide Current law allows a student to opt Krist filed a motion to invoke cloture, access to justice for all Nebraskans and out of a vaccination if he or she pro- or cease debate and immediately vote on to be certain that in Nebraska there is vides a physician’s statement that the the bill. The motion failed 29-14. Thirty- ‘Equality Before the Law.’” g vaccine would harm the student or if three votes were needed. The bill is un- the student submits an affidavit stating likely to be debated again this session. g UNICAMERAL UPDATE The Unicameral Update is a free, weekly newsletter published during the legislative session. It is produced by the Clerk of the Legislature’s Office through the Unicameral Information Office. For print subscriptions, call 402-471-2788 or email [email protected]. Visit us online at Update.Legislature.ne.gov and follow us on Twitter.com/UnicamUpdate. Clerk of the Legislature: Patrick J. O’Donnell Editor: Heidi Uhing; Writers: Kyle Harpster, Kate Heltzel, Ami Johnson; Photographer: Bess Ghormley Printed copies of bills, resolutions and the Legislative Journal are available at the State Capitol room 1104, or by calling 402-471-2709 or 800-742-7456. Status of bills and resolutions can be requested at that number or can be found on NebraskaLegislature.gov. Live video of hearings and floor debate can be viewed on NET2 and at NetNebraska.org/capitol. Senators may be contacted by mail at this address: Senator Name, District #, State Capitol, P.O. Box 94604, Lincoln, NE 68509-4604 Assistance provided by the Clerk of the Legislature’s Office, the Legislative Technology Center, committee clerks, legal counsels, journal clerks, pages, transcribers, mail room and bill room staff and the State Print Shop. THE NEBRASKA LEGISLATURE’S OFFICIAL NEWS SOURCE SINCE 1977 PAGE 2 • UNICAMERAL UPDATE • 104TH LEGISLATURE January 19 - 22, 2016 that would ensure a producer’s right like Smithfield Foods at the expense to cancel a contract with a packer. of small independent farmers. The amendment also would allow the “This is brought by a big industry state Department of Agriculture to so they can integrate their market from birth to slaughter and beyond,” he Pork production bill advances adopt contract regulations that would protect producers from coercion and said. “The packers would then own After a debate spanning two days, unfair business practices. everything in this process that makes the Legislature advanced a select file A second Schilz amendment, ad- money. The producer would own bill Jan. 22 that would allow meatpack- opted 37-5, would ban confidentiality everything that costs money, and they ing companies to own hogs during clauses in contracts between growers would stand all of the risk.” production. and packers so growers would be free Schilz filed a motion to invoke clo- Under LB176, introduced by to share details of the contract with ture, or cease debate and vote on the Ogallala Sen. Ken others. bill, which succeeded 33-12. Thirty- Schilz last session, Sen. John Stinner of Gering spoke three votes were needed. a person who owns, in support of the bill. He said the mea- Senators then voted 32-12 to ad- leases or holds a sure would grow the state’s pork pro- vance the bill to final reading.
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