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Death Penalty Abolition Bill Stalls VOL. XXXI, NO. 12 UNICAMERAL FOR THE WEEK OF MARCH 25 - MARCH 28, 2008 THE NEBRASKA LEGISLATURE’S WEEKLY PUBLICATION UPDATE Death penalty abolition bill stalls awmakers declined the difficult moral ques- all know it,” he said, adding “The death penalty in to advance a bill tions the death penalty that the only way for the the state of Nebraska is L March 25 that would raises. state to avoid the possibil- broken,” Lathrop said. abolish the death penalty in Omaha Sen. Brad Ash- ity of putting an innocent Several lawmakers said Nebraska. ford said lawmakers should person to death is to abol- that while they admired Introduced by Oma- be concerned about the ish the death penalty. Chambers’ tenacity in his ha Sen. Ernie Chambers, implications of an irrevers- “We don’t have to be long fight to abolish the LB1063 would have sub- ible punishment. A process in the business of killing death penalty, they could stituted a sentence of life managed by human beings, people,” Kruse said. not support his bill. without the possibility of however well-intentioned Omaha Sen. Steve Lath- Scottsbluff Sen. John parole. The penalty also they may be, is inevitably rop said Nebraska has ex- Harms said that for mur- would have included an subject to mistakes, he said ecuted one percent of the derers like Raymond Mata, order of mandatory resti- – mistakes that cannot be 253 death-eligible murder- who killed and dismem- tution. undone. ers prosecuted since 1973. bered a three-year-old A similar bill was de- “These cases are not iso- There is no other program Nebraska boy, life im- bated by the full Legislature lated,” Ashford said. in state government that prisonment is simply not in 2007, when it failed Sen. Lowen Kruse senators would support enough. by one vote to advance to agreed. if it delivered results only “How do we argue that select file. The Legisla- “The death penalty is one percent of the time, the death penalty is not ture passed a repeal of the applied unevenly and we he said. (continued on page 18) death penalty in 1979, but it was vetoed by then-Gov. NNebraska’sebraska’s HHiddenidden Charles Thone. In February 2008, the TTreasuresreasures IIII Nebraska Supreme Court ruled that electrocution, the state’s sole means of execution, is cruel and unusual punishment and therefore unconstitutional. Chambers said the state is left with the words “death penalty” in the law, but with no means to carry out the punishment. During their debate on LB1063, senators discussed the possibility of human er- IInternationalnternational QuiltQuilt SStudytudy CenterCenter andand Museum,Museum, LincolnLincoln ror, issues of effi ciency and See page 27 for more details INSIDE: Senators advance budget package • Gas tax advances • Super Advantage incentives ok’d WEEK OF MARCH 25 - MARCH 28, 2008 ISSUES UPFRONT Budget Budget receives fi nal approval Lawmakers sent state budget ad- justments to Gov. Dave Heineman March 28 for his consideration. Cornett said the state should ad- LB959, the mainline budget bill, Business and Labor dress the needs of employees who are was passed on a 39-9 vote. Among traumatized by events like the recent the signifi cant increases included in Von Maur shootings in Omaha and Bill would change injury defi nitions the bill are: of first responders who encounter • $52.9 million for state aid to unusually traumatic crime and ac- Lawmakers discussed a bill March schools; cident scenes. 27 that would change the Nebraska • $20 million for the one-time Cornett described her own expe- Workers’ Compensation Act. replacement cost of the univer- rience as a police offi cer recovering Currently, under the act, mental sity and state college student human remains at the site of a train injuries are compensable only when information system; accident. She said there is a limit to tied to a compensable physical in- • $3.9 million for state employee what fi rst responders can be prepared jury. health insurance; for mentally and that mental injuries LB1082, introduced by Bellevue • $3 million for developmental can and do occur. Sen. Abbie Cornett, would provide disability provider rate increas- Some senators expressed concern for compensability of mental injuries es; and that the bill would make the state unaccompanied by a physical in- • $2.6 million for behavioral vulnerable to additional workers’ jury for employees health provider rate increases. compensation claims that would be who are witnesses Also included is a $14.5 million diffi cult to refute. or victims of vio- appropriation to the state Depart- LB1082 remains on general fi le. ment of Roads that Elk Creek Sen. lent criminal acts. Lavon Heidemann has said likely First responders will trigger a 1.2 cent per gallon gas also would be eli- tax increase. gible if the event Education The budget refl ects a 4.2 percent causing the men- Sen. Abbie Cornett spending growth rate for the current tal injury was un- fi scal year and a 3.7 percent rate for expected, unforeseen, extraordinary Learning community changes advanced FY2008-09. or unusual. Other bills in the budget package Adoption of a Cornett amend- Lawmakers advanced a bill March include LB960, which contains ap- ment 25-0 added out-of-hospital 26 that would make a number of propriations for salary and health emergency care providers to the bill’s changes to the state’s learning com- insurance costs, and LB961, which defi nition of fi rst responder. munity laws. makes various cash fund transfers. The bill would exclude recovery for LB1154, sponsored by Lincoln Both bills passed on 48-0 votes. mental injuries resulting from normal Sen. Ron Raikes, would: The governor must sign, veto or employer and employee relations, • expand the learning community line-item veto the budget within fi ve including personnel and disciplinary coordinating council to include calendar days, excluding Sunday. actions. nonvoting members; PAGE 2 • UNICAMERAL UPDATE • 100TH LEGISLATURE WEEK OF MARCH 25 - MARCH 28, 2008 ISSUES UPFRONT • establish an advisory committee The committee amendment, ad- Papillion Sen. Tim Gay brought an of affected school superinten- opted 25-0, would limit the continu- amendment that would have removed dents; ing student provisions for students the learning community common • designate the secretary of state enrolled in focus schools, focus pro- levy provisions. Because properties to assist the initial learning com- grams and magnet schools. are assessed differently, he said, the munity coordinating council in Under the amendment, learning common levy is unfair. getting started; community state funding could be Gretna Sen. Gail Kopplin agreed • allow school district boundar- used for up to six social workers in the that the common levy was diffi cult for ies to be modifi ed prior to the elementary learning centers. Learn- people in his district to accept. establishment of the learning ing community member districts also “It’s tough to explain that people community; would be required who spend among the least and are • modify the distribution of the to report truancy taxed among the most still will lose common levy to refl ect the previ- information to the money because of the common levy,” ous resources for the fi rst three coordinating coun- he said. years; cil. The amendment failed 11-19. • narrow the potential uses for The amendment Kopplin introduced, and later the learning community capital also includes pro- withdrew, an amendment that would levy; visions from other Sen. Ron Raikes have delayed implementation of the • allow a school district to exceed bills, including sev- bill’s transportation program for one its applicable allowable growth eral introduced by Raikes: year. rate for expenditures to pay for • LB605, which would limit prop- Raikes said the amendment was the transfer of land from another erty tax authority for single-dis- unnecessary because the bill already school district; trict educational service units provided delayed implementation. • streamline provisions regarding (ESUs); LB1154 advanced to select file diversity plans and educational • LB1081, which would allow 26-0. options within the learning com- ESUs additional budget author- munity; ity; • modify the qualifi cations to be- • LB1021, which would allow an Student assessment revisions advanced come a learning community; additional option for some option • redefi ne focus programs, focus enrollment students; and A bill that would amend law relat- schools, magnet schools and • LB1083, which specifies that ing to Nebraska’s system of student pathways; learning communities would learning assessment cleared second- • eliminate a requirement for a share in the ESU core services round debate March 28. learning community coordinat- and technology infrastructure LB1157 originally was introduced ing council to pay for mediation funds. by Lincoln Sen. Ron Raikes. As services; and The committee amendment also amended, the bill would make several • require that free transportation contains provisions from LB1005, changes to the state’s existing student be provided to a student con- a bill brought by Omaha Sen. Gwen assessment law. tributing to the socioeconomic Howard that would add a sibling A technical advisory committee of diversity of enrollment who is preference to the open enrollment nationally recognized assessment ex- attending another school in the provisions. perts would be appointed by the gov- learning community only if the Lastly, provisions from LB1158, a ernor to advise him, the Legislature, student lives more than one mile bill brought by Omaha Sen. Brad Ash- the State Board of Education and the from the school to which he or ford, are contained in the commit- state Department of Education on the she transfers. tee amendment. These would allow development of statewide assessment Raikes said the purpose of the bill businesses partnering with learning instruments and a statewide assess- was to address concerns raised about communities or school districts to ment plan.
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