UNICAMERAL UPDATE Stories published daily at Update.Legislature.ne.gov Vol. 38, Issue 15 / Apr. 13-16, 2015 Senators advance death penalty repeal death penalty has been a career-long effort of Chambers’ since 1973. The bill would apply retroactively to inmates currently serving capital punishment sentences. It would not prevent a sentencing court from order- ing restitution or alter the authority of the state Department of Correctional Services to determine appropriate mea- sures for incarceration of an offender. Chambers said the death penalty should be abolished because too often people are wrongfully convicted and sentenced to death. More than 150 people across the country have been removed from death row, he said, often because new DNA evidence is found to prove their innocence. “When you have this many people Sen. said the state should never risk executing an innocent person. who are proved to be innocent, there enators advanced a bill from Chambers, LB268 would replace is no mistaking the conclusion that general file April 16 that would death penalty provisions with a sen- innocent people have been executed,” Srepeal Nebraska’s death penalty. tence of life without the possibility of Chambers said. Introduced by Omaha Sen. Ernie parole. The effort to end the state’s Bellevue Sen. sup- (continued page 2) Prison reform measures advanced bill addressing prison over- report provided by the Council of State state prison and sentences less crowding was amended and Governments (CSG) Justice Center. than one year be served in a A advanced from general file These changes would include: county jail; April 14. • requiring the Office of Parole • appropriating $30,000 to the Introduced by Omaha Sen. Heath Administration to establish a Nebraska Supreme Court to Mello, LB605 would make numer- process to determine the risk a create a sentencing information ous changes to parolee may pose to a commu- database; Nebraska’s penal nity and the level of supervision • adding a new felony classifica- system. Mello said required; tion and penalties; and the policy changes • creating the Committee on Jus- • updating property offense were recommended tice Reinvestment Oversight to amount thresholds to account to the Nebraska Jus- develop and review Nebraska’s for inflation. tice Reinvestment criminal justice policies; The bill also addresses how proba- Working Group— Sen. • requiring that all sentences of tion violations would be punished, created by LB907 in 2014—through a one year or more be served in a rates for restitution payments and how (continued page 3)

INSIDE: Meet Sen. Lindstrom • Lower wage for youth advanced • Removal of minimum sentences advanced April 13 - 16, 2015 Senators advance death penalty repeal (continued from front page) ported bill. An irreversible sentence of murder victims depend such as death should not be an op- on capital punishment when tion in a legal system where mistakes seeking justice. are made, she said. Further, she said, “I want to give [those in it has been wrongly used as a threat the criminal justice system] by law enforcement to coerce confes- what they need to correctly sions. do their job,” Kintner said. “Just having the death penalty on “I believe the death penalty is the books, even if rarely used, can cor- a sanctioned requirement for rupt justice even for non-death-penalty the most heinous of crimes.” offenses,” Crawford said. Sen. of Papillion Sen. Bill Kintner would North Platte also opposed rather keep the death penalty. Only the bill, saying it is part of in rare circumstances, he said, do law the Legislature’s responsibil- enforcement, prosecutors and families ity to ensure that the most dangerous criminals are removed from Nebraska Sen. Bill Kintner said a penalty of death is an appropriate communities. form of justice for the most violent crimes. “The death penalty “It’s not our role to be deliverers of is an extension of our duty to vengeance,” Cook said. “Should anger protect civilized society,” Groene be the basis of any public policy?” said. Sen. Tommy Garrett of Bellevue Sen. of Omaha said his support of the bill is based par- disagreed that having a death tially on the cost of prosecuting and penalty provides additional pro- appealing death penalty cases, which tections. She said her district has is more expensive than incarcerating not seen any decrease in violent offenders for life. Since 1978, he said, crime as a result of the death California has spent $4 billion on penalty, so it is not serving as a capital punishment cases and likely deterrent. The issue seems to be will spend another $1 billion over the more about revenge than protec- next five years. Sen. Tanya Cook said the death penalty is a means of revenge, not public protection. tion, she added. “The state has no business playing 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.

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PAGE 2 • UNICAMERAL UPDATE • 104TH LEGISLATURE April 13 - 16, 2015

God, and in fact, is quite bad at it,” Garrett said. “This is not an economic issue for me, it is a moral and ethical issue.” The United States is ranked fifth in the world in the number of people executed, Garrett added, which places it after China, Iran, Iraq and Saudi Arabia. “We can do better than that,” he said. “We are the greatest nation in the world and we should be demonstrating that.” Sen. of Scribner disagreed that death penalty cases are more expensive to prosecute. Appeals in Nebraska are processed by salaried employees and do not require extra work or cost, he said in opposition to the bill. Only 34 appeals have been made on death row cases in Nebraska, in contrast to 5,943 appeals in non-capital-offense cases, he added. Sens. Matt Williams (left) and confer during debate. Lincoln Sen. Colby Coash recounted his partici- pation with the crowd outside of the Nebraska State the chemicals necessary to conduct lethal injections. Penitentiary that had gathered for the 1996 execution of “The reality is that Nebraska is done executing people,” serial killer John Joubert. Two distinct groups had formed, he said. he said—one quietly praying and the other in celebration. A technical Judiciary Committee amendment was “I was on the wrong side of the debate that night and adopted 31-13 and several other amendments were with- I have never forgotten it,” Coash said. drawn. Nebraska is not likely to carry out any further execu- Senators then advanced LB268 to select file on a 30-13 tions, he added, because the state currently cannot acquire vote. g Prison reform measures advanced (continued from front page) criminal history information would be disseminated. Nebraska’s prisons currently are at 159 percent capacity and are esti- mated to be at 170 percent capacity by 2020, Mello said. Following the guidelines suggested in the report would increase public safety by better preparing inmates for reentry into society, he said, and save the state the $260 million otherwise needed to build a new prison. Simply adding more prison capac- ity would not address the causes of overcrowding, he said, making that option only a short-term solution. “Temporary measures and band-

Sen. Beau McCoy (right) discusses LB605 with Sens. and Bob Krist. (continued page 4)

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 3 April 13 - 16, 2015 aid solutions are no longer a viable ally to the Legisla- option,” Mello said. ture on the collec- A Judiciary Committee amend- tion of restitution ment, adopted 32-4, replaced the bill. from inmate wage Amended and new provisions include: funds; and • requiring the Board of Parole to • increasing the create regulations to reduce the maximum com- number of offenders released pensation from from prison without supervi- $10,000 to sion; $25,000 allowed • requiring the board and state from the Victim Department of Correctional Compensation Services to annually report Fund. the number of offenders on The amendment also unsupervised release to the Leg- incorporated provisions islature, governor and Supreme of LB12, introduced by Court; Omaha Sen. Bob Krist, • requiring the department and which would require Probation Administration to the state Department prepare a post-release supervi- of Health and Human sion plan for each offender Services and Department released on probation; of Correctional Services • requiring the department and to ensure that a medical state Court Administrator to assistance program is Sen. Burke Harr said prison overcrowding caused most of the problems found in the state’s correctional system. create regulations regarding res- suspended rather than titution payment and requiring terminated when an individual enters overcrowding and out-of-date statutes, the department to report annu- a public institution. he said. Seiler offered an amendment to the “This bill is not prison reform—it is committee amendment, adopted 36- a sentencing reform,” Harr said. 4, which contained provisions based Sen. Bob Krist of Omaha also Committee on LB483. That bill, introduced by supported the amended bill. Inmates Lincoln Sen. , who are released into communities Hearing would require that the minimum sen- directly from solitary confinement or *Current hearing schedules tence limit imposed by the court be no without supervision place the public are always available at: more than one-third of the maximum at risk, he said. nebraskalegislature.gov/calendar sentence limit. “This happens because we don’t Omaha Sen. Burke Harr supported have a [supervised release] process on Thursday, April 30 the amendments and the bill, saying the back end,” Krist said. that prison overcrowding caused the Omaha Sen. Beau McCoy ques- Health & Human Services problems found by the special in- tioned whether provisions for inde- Room 1510 - 12:00 p.m. vestigative committee established by terminate sentencing included in the Appointments: Courtney LR424 in 2014. bill adhered closely enough to the Phillips - Dept. of Health & “What was found going on in our recommendations made by the CSG. Human Services; Calder Lynch prisons is an absolute embarrassment “I find it troubling … that we would - Division of Medicaid and Long to our state,” Harr said. buy into the CSG report and now add Term Care, Dept. of Health & Revising Nebraska’s sentencing something to the bill they can’t model Human Services g structure by sending nonviolent of- for,” McCoy said. fenders to county jail or diversion Senators advanced the bill on a programs would address both prison 35-3 vote. g

PAGE 4 • UNICAMERAL UPDATE • 104TH LEGISLATURE April 13 - 16, 2015 Meet the Senator

Lindstroms a history major, Sen. ’s propelled favorite mediately running forby another publichistory office, but Lindstrom era to study was the Industrial Revolution. looked at his defeat differently. A “It really laid the groundwork for us as a coun- “I like to go big—I don’t have any regrets,” he says with try to build power and economic prosperity,” he said. a grin. “I hate to lose, but it’s not the worst thing in the “Much of what we enjoy today in the United States stems world.” from that moment in time.” Undeterred, Lindstrom made the decision to run for The era’s optimism and value of hard work seems to the Nebraska Legislature’s District 18 days later. He won have propelled Lindstrom’s determination like a steam with 55 percent of the vote. engine. On his first day as a freshman state senator, he took A quarterback on the University of Nebraska-Lincoln’s another bold step by running for chairperson of the Leg- football team from 1999 to 2003, he said football helped islature’s Retirement Committee, narrowly losing by one him be more assertive vote. Lindstrom said and overcome a lot of at the time that with his natural shyness. 18 new senators, the “Coming up in that new members needed competitive environ- to be willing to take ment really helped on leadership roles when I decided to early. run for office. It gave Lindstrom intends me confidence in my to focus his attention abilities and taught on working with his me about perseverance colleagues to ensure and facing adversity.” Nebraska’s economic He accepted early stability. He’s learning on that his future was that nothing can hap- not that of a profes- pen without coopera- sional athlete and be- tion and compromise, came a financial advi- he said, adding that he sor in Omaha where has been impressed he lives with wife, with his colleagues Leigh, and their two from across the state. children: three-year- “Honestly, the old daughter Colette people I thought I’d and one-year-old son butt heads with are Barron. the people I find my- “I had accepted Sen. Lindstrom and his wife, Leigh, have a “super” Halloween with daughter self working with the that I wasn’t going to Colette and son Barron. most,” he says. “It’s turn pro pretty early on,” he says good-naturedly, pointing amazing when you can find that commonality with such to the metal screws in his foot. a diverse group of people.” Lindstrom aimed high for his first foray into public Lindstrom is mindful that he has only a limited amount service. In 2012 he ran for Congress, looking to unseat in- of time to push his goals forward in this office. Until the cumbent Rep. in the 2nd Congressional District. steam runs out on his term, he has a single goal in mind. He came in second place, earning 23 percent of the “When I leave the Legislature, I hope that I leave it a vote. The experience might have made others leery of im- better place than when I came.” g

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 5 April 13 - 16, 2015

that the people of Nebraska have been the state’s minimum wage from $7.25 very clear on this issue,” Hansen said. to $8.00 per hour for 2015. Nebraska’s Gretna Sen. spoke minimum wage will increase to $9.00 in opposition to the bill. Tip earners in 2016. receive the bulk of their pay from tips The ballot initiative was the result Tip earner minimum wage and can earn hundreds of dollars a of a successful petition drive that fol- increase stalls night in gratuities, he said. The wage lowed the 2014 Legislature’s rejection increase would be especially unfair of a bill to increase the wage. Amend- A bill that would have increased the to owners of smaller restaurants and ing laws enacted by voter initiative minimum wage for Nebraska workers those that sell less expensive meals, require 33 votes for passage. who earn tips failed to advance from Murante said, because servers receive Ebke said the bill is designed re- general file April 14. lower commissions at those venues. duce labor costs for businesses such as LB494, introduced by Sen. Jeremy Sen. Mike Groene of North Platte grocers in small communities in rural Nordquist of also spoke in opposition to the bill. Nebraska. Making young workers more Omaha, would Raising the wage would force res- affordable for employers will result in have increased the taurants in smaller communities to more job opportunities for youth and tip earner wage fire workers because their volume of help small businesses survive, she said. from the current customers is so low, he said. “Research suggests that the best $2.13 to $3 per “There’s an awful lot of small town way to interconnect young adults to hour in 2015. For restaurants that just can’t make it,” their first jobs is by lowering barriers Sen. each year thereaf- Groene said. “They are going to send to hiring them,” Ebke said. ter, it would increase by the lesser of 95 those kids home.” A Business and Labor Committee cents or the amount necessary to equal The bill failed to advance on a 18- amendment, adopted 26-0, would re- 50 percent of the regular minimum wage. 27 vote. It is unlikely to be scheduled quire employers to pay young student Nordquist said the minimum wage for further debate this session. workers at least $8 per hour beginning for Nebraska’s 15,000 tip-earning workers Jan. 1, 2016. has not increased since 1991. Although Lower wage advanced for Omaha Sen. Jeremy Nordquist federal law requires that businesses com- youth workers opposed the bill and the amendment, pensate gratuity workers the difference saying 60 percent of voters in 73 coun- between tip and minimum wage, he said, A bill to create a separate minimum ties statewide just voted to increase the research shows 84 percent of businesses wage for young workers was amended state’s minimum wage. do not comply with the law. and advanced April 15. “Clearly this issue had very broad- It is time for restaurants to stop As introduced by Crete Sen. Laura based support in Nebraska,” Nordquist relying on customers and taxpayers Ebke, LB599 would said. “Now we have an attempt to come to provide a living wage for their em- have allowed em- in here and start picking it apart.” ployees, he said. ployers to pay $7.25 Because the measure would affect “Every worker is entitled to a level an hour for workers only young workers enrolled in school, of base pay,” Nordquist said. “These age 18 and younger. Nordquist added, some students may are families that count on this.” The proposed rate quit school to pursue higher wages. Lawmakers failed to adopt a Business was raised to $8 per “We are creating an perverse in- and Labor Committee amendment on hour by a success- Sen. Laura Ebke centive to encourage our kids to drop a 20-25 vote that instead would have ful committee amendment. out,” he said. increased the wage to $2.35 on Aug. 1, Workers could receive the rate for Sen. of Hoskins 2015, and $2.64 on Jan. 1, 2016. only 25 percent of the hours worked. supported the bill. State and federal Lincoln Sen. sup- The bill would apply only to workers regulations prohibit young workers ported the amendment and bill, enrolled in public or private schools and from completing certain tasks or oper- saying Nebraskans overwhelmingly would not include employees participat- ating machinery, he said, which limit supported a ballot initiative in 2014 to ing in vocational training programs. their value to an employer. raise the state minimum wage. Last November, Nebraska voters “There is no reason a store should pay “We need to focus on and recognize approved Initiative 425, which raised the same salary for somebody who can

PAGE 6 • UNICAMERAL UPDATE • 104TH LEGISLATURE April 13 - 16, 2015 do only half the job,” Bloomfield said. terms and provide a more compre- administer sedation. Heartwell Sen. also hensive transition plan. Beginning in Grand Island Sen. , spoke in favor of the bill. First jobs are 2020 and 2022, the Legislature would sponsor of LB80, critical to the long-term earning po- proportion the number of members to said the bill would tential of workers, he said, with early be elected for either a four- or six-year bring Nebraska law work experience resulting in 7 percent term. This would result in just one- into alignment with higher annual wages in later years. third of senators being up for election American Dental Sen. of Lincoln op- every even-numbered year beginning Association recom- posed the bill, saying some young workers with the November 2024 election. mendations. The depend on their wages to help support Schumacher said the amendment sedation portion of Sen. Mike Gloor their families. The bill unfairly targets a would lower legislative turnover with Nebraska law that regulates the prac- group of citizens who are not old enough each election. tice of dentistry has not been updated to vote, he said, and sends a message that “Voters have already spoken on since 1986, he said. their work is worth less than the same three four-year terms,” he said. “This “Although the bill looks complex, it’s job done by an older coworker. gives the voters a chance to vote on just an updating of the laws relating to “The people we are subjecting something they’ve never had the anesthesia that dentists can use for den- to this don’t have a political voice,” chance to vote on before.” tal work,” Gloor said. “It’s a bill brought Morfeld said. “We are devaluing the Venango Sen. Dan Hughes support- to us by dentists to improve the safety work that they do.” ed the amendment, saying there is a and care that they provide to patients.” Lawmakers advanced the bill from steep learning curve in the Legislature. The bill would replace the current general file on a 32-11 vote. “The melding of skills with time, permitting process for general anesthe- through the process of doing the work sia with separate permits for minimal, of the people, only makes us better,” moderate and deep sedation. The he said. “The longer we have to hone bill also would update education and those skills, to do the work, the better training requirements for dentists and off the people of Nebraska will be.” correlate incident reporting with the Sen. Mike Groene of North Platte new definitions. Proposal to extend legislative opposed the changes, saying it is time Under the bill, a dentist licensed terms stalled to respect the will of the people. in Nebraska would be allowed to ad- “This is a big issue to the people of minister inhalation analgesia in the A proposed constitutional amend- Nebraska who went to the trouble to practice of dentistry without a permit. ment that would extend legislative get [term limits]. The issue has been Gloor said the bill’s July 1, 2016 term limits failed to advance from decided four or five times so we need operative date would allow time for select file April 13. to leave it alone,” he said. rules and regulations to be adopted Currently, a state senator can serve The amended resolution failed to by the state Board of Dentistry and two consecutive four-year terms. LR- advance on a 20-22 vote. It is unlikely for current permits to be used through 7CA, introduced by Columbus Sen. to be debated again this session. their renewal dates. Paul Schumacher, originally would Lincoln Sen. Kathy Campbell have extended supported LB80, saying the changes this to two six- included in the bill were endorsed at year terms. An all three stages of review by a technical amendment ad- committee, the state Board of Health opted on gen- and the state’s chief medical officer. eral file changed In addition, she said, the bill re- the resolution to Changes to dental sedation sulted from the desire of dentists to instead propose Sen. Paul Schumacher advance make their practice safer for patients. three four-year terms. “I think the profession should be Schumacher introduced a select Lawmakers gave first-round approv- commended,” Campbell said. file amendment, adopted 27-15, to al April 14 to a bill that would change The bill advanced to select file 36-0. return the proposal to two six-year the permitting process for dentists to

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 7 April 13 - 16, 2015

Aid to dependent children representatives from the state depart- daughters back home,” Morfeld said. changes amended, advanced ments of Labor, Health and Human “Nebraska is the only state, including Services (DHHS) and Education as the District of Columbia, that does A bill intended to remove the “cliff well as a variety of community stake- not have a law like this on our books.” effect” in the state’s Aid to Dependent holders and policy experts. As introduced, the bill would re- Children (ADC) program was amend- The task force would analyze the quire the state Department of Health ed to include an intergenerational ADC, Supplemental Nutrition As- and Human Services (DHHS), by poverty task force and advanced from sistance, child care assistance and Dec. 15, 2015, to specify methods of select file April 13. Employment First programs with a meeting the minimum credentialing LB89, introduced by Lincoln Sen. focus on helping children escape the requirements through military service. Kathy Campbell, cycle of poverty. A preliminary report A Health and Human Services would increase the would be presented to the Legislature Committee amendment, adopted 33- maximum benefit and the governor by Dec. 15, 2015, 0, allows DHHS to make credentialing each year through and a final report—including a long- decisions for similar applicants based 2019, after which it range strategic plan—by Dec. 15, 2016. on standard criteria. would be set at 70 Omaha Sen. John McCollister Lincoln Sen. Kathy Campbell, chair- percent of the stan- spoke in favor of the amendment, person of the committee, said the amend- dard need. The bill Sen. Kathy Campbell saying the arrival of new leadership at ment was a result of discussions with also would change the amount of gross DHHS provides an opportune time to DHHS and would alleviate the need for earned income that is disregarded for examine programs aimed at eliminat- the department to make credentialing ADC applicants, increasing it to 50 ing poverty in Nebraska. decisions on a case-by-case basis. percent once eligibility is established. “The Legislature has a legitimate “The amendment shifts the burden Omaha Sen. Heath Mello offered an interest in the effectiveness of these of proving satisfactory military educa- amendment, which programs,” he said. tion, training or service from each indi- he originally intro- Following adoption of the Mello vidual applicant to the department and duced as LB335, amendment on a 32-0 vote, lawmakers applicable board—for all similarly situ- that would establish advanced the bill to final reading by ated applicants—to allow the department a task force to study a voice vote. to make the credentialing decision based intergenerational on standard criteria,” Campbell said. poverty in Nebraska. Issuance of credentials based Seward Sen. sup- The state needs to Sen. Heath Mello on military service advanced ported the bill and the amendment. analyze poverty demographics and evalu- Having a program in place to ensure ate existing state programs and policies Military education, training or ser- the credentialing process will assist in that seek to alleviate poverty, he said. vice would result in issuance of health efforts to recruit individuals in the Mello noted that the Hispanic profession credentials under a bill health professions who are transition- poverty rate in Omaha has increased advanced from general file April 15. ing out of the military, he said. 40 percent in the last decade and said Lincoln Sen. Adam Morfeld, spon- “I think it’s important that we show poverty is a consistent problem in sor of LB264, said them that we’re serious about this,” counties across Nebraska. the bill would en- Kolterman said. “Intergenerational poverty, particu- sure that the skills The bill advanced to select file on larly as it relates to children, is an issue and experience a 33-0 vote. facing the entire state,” he said. acquired through The task force would include the military service are Medicaid payment for juvenile chairpersons of the Health and Hu- recognized for the therapies amended, advanced man Services and Appropriations 34 health profes- Sen. Adam Morfeld committees as well as three at-large sions that the state’s Uniform Creden- Lawmakers gave second-round ap- members appointed by the Executive tialing Act oversees. proval April 13 to a bill that would Board of the Legislative Council. “I want Nebraska to be known as authorize Medicaid reimbursement Nonvoting members would include a state that welcomes our sons and for therapies used to assist troubled

PAGE 8 • UNICAMERAL UPDATE • 104TH LEGISLATURE April 13 - 16, 2015

Nebraska youth. habitual crimi- Nebraska’s current statutes requiring LB500, sponsored by Omaha Sen. nals and classify mandatory minimum sentences have , as habitual crimi- helped reduce the state’s crime rate would direct the nals only those every year for the past decade. Reducing state Department offenders con- the prison population should not come of Health and Hu- victed of three at the expense of public safety, he said. man Services to violent offenses. “We made a conscious decision in submit an appli- Offenders would Sen. Ernie Chambers this Legislature to be tough on crime and cation by July 1, remain subject to a possible sentence I think this legislation goes back the op- 2015, to the Cen- Sen. Sara Howard of 10 to 60 years’ imprisonment. posite way,” McCoy said. “I think we can ters for Medicare and Medicaid Services Violent offenses include first de- be tough on crime and smart on crime.” for a state plan amendment to provide gree murder, second degree murder, Sen. Patty Pansing Brooks of payment for multisystemic therapy and manslaughter, first degree assault, Lincoln supported the bill and the functional family therapy for youth who kidnapping, first degree sexual assault, amendment, saying lawmakers should are eligible for both Medicaid and the sexual assault of a child, robbery and trust the CSG recommendations. Our Children’s Health Insurance Program. motor vehicle homicide. correctional system cannot afford to Ogallala Sen. offered Chambers said LB173 is part of a treat nonviolent criminals the same an amendment, adopted 29-0, which package of bills based on recommenda- as violent offenders, she said. added the in-home family services tions provided by the Council of State “Do we really want to be filling our model to the list of therapies in the Governments Justice Center (CSG) prisons with people who are doing state plan amendment. He said the and work done by a special investigative things that are nonviolent?” Pansing addition would ensure that the entire committee convened in 2014 to study Brooks said. state has therapy models that fit the overcrowding and administrative miscon- Senators advanced the bill from needs of Nebraska’s youth and families. duct in Nebraska’s correctional system. general file on a 28-9 vote. “This is the Boys Town model,” Criminals do not consider man- Schilz said. “It’s trademarked, it works datory minimum sentences before Inmate confinement reform well and it fits with western Nebraska.” committing crimes, Chambers said, amended, advanced Howard supported the amend- so long sentences are not working as ment saying it would provide a more a crime deterrent. A bill focusing on inmate isolation complete system of care for the state’s “This idea of stacking punishment policies for Nebraska’s prisons was troubled youth. upon punishment is not valuable and amended and advanced April 14. Following adoption of the Schilz is counterproductive,” Chambers said. Introduced by Columbus Sen. amendment, the bill advanced to final “If that [greater third offense penalty] Paul Schumach- reading by voice vote. was a deterrent, why do you still have er, LB598 would shootings unabated?” require the state A Judiciary Committee amend- Department of ment, adopted 31-11, incorporated the Correctional ser- provisions of another bill introduced vices, beginning by Chambers. July 1, 2016, to Provisions of LB172 would repeal use the least re- Sen. Paul Schumacher Removal of minimum the mandatory minimum sentence for strictive manner required for maintain- sentences advanced Class IC and ID felonies. Currently, ing institutional order when isolating A bill that would alter sentencing the mandatory minimum imprison- inmates from the general prison procedures for Nebraska courts was ment for a Class IC felony is five years population. It also would require the amended and advanced from general and three years for a Class ID. Both department director to submit a report file April 15. classes are punishable by up to 50 to the governor and the Legislature that LB173, introduced by Omaha Sen. years’ imprisonment. outlines a long-term plan for the use Ernie Chambers, would remove the Omaha Sen. Beau McCoy opposed and reduction of inmate segregation. mandatory minimum sentence for the bill and the amendment, saying that Due before April 1, 2016, the report

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 9 April 13 - 16, 2015 would include the behavior, conditions inspector general Administration Office would be placed and mental health status under which would serve a five- under the supervision of the state Board an inmate would be placed in each year term and be ap- of Parole beginning June 1, 2016. Finally, confinement level and regulations pointed and super- a provision of the bill would change a for transitioning inmates back to the vised by the Office of community re-entry program for incarcer- general prison population or to society. Public Counsel. ated parents into a permanent program. The report also would contain a plan Duties of the Senators advanced the bill from for oversight of the department by an inspector general Sen. Heath Mello general file on a 32-0 vote. independent third party. would include conducting investiga- Additionally, the director would tions, audits, inspections and other be required to develop a plan to keep reviews of the Nebraska correctional electronic records of all inmates and system. The inspector would be re- report quarterly to the Legislature quired to provide a summary of all the number of inmates in isolation, reports and investigations to the Judi- reasons for segregation, whether ciary Committee and governor on or Change to ATV tax collection those inmates have been diagnosed before Sept. 15 each year. vetoed with mental illness and the number Provisions of LB606 also would of inmates released from segregation require the governor, beginning July 1, Gov. vetoed a bill directly to parole or the community. 2020, to declare an overcrowding emer- April 13 that would have changed the LB598 also would create a long-term gency when the director of correctional imposition of ATV and UTV sales segregation work group, consisting of services certifies that the prison popula- taxes in Nebraska. The veto came the department director and other tion is over 140 percent of design capacity. at the request of its introducer, Sen. department officials, mental health pro- Currently, the governor has the Galen Hadley of Kearney. fessionals and prisoners’ rights advocates option on whether or not to declare LB498 would appointed by the governor. The group an emergency when the population have required retail- would be required to meet no later than reaches the 140 percent threshold. ers of all-terrain ve- July 1, 2015, and at least semiannually Declaration of an overcrowding hicles (ATVs) and thereafter and would advise the depart- emergency mandates that the state utility-type vehicles ment on treatment and care of offenders Parole Board immediately consider all (UTVs) to collect in long-term segregation. eligible inmates for parole. sales tax at the time As the hearings conducted by a spe- Incorporated provisions of LB592, of the sale. For Sen. Galen Hadley cial investigative committee revealed, introduced by Lincoln Sen. , ATVs and UTVs purchased from deal- Schumacher said, a lack of regulations would require the ers, county treasurers currently collect regarding solitary confinement led department to ad- the sales tax when they are registered. to Nikko Jenkins being isolated for minister a mental Hadley said the bill erroneously was more than half of his incarceration. health evaluation written to apply to ATVs and UTVs Schumacher said testimony showed to all inmates sold before the bill’s operative date. He that Jenkins’ time in segregation likely within the first said he planned to make corrections did psychological damage and con- two weeks of their and reintroduce the measure in the tributed to him killing four people in incarceration. The Sen. Kate Bolz 2016 legislative session. Omaha following his release from the department would be required to treat The registration fee for ATVs and Nebraska State Penitentiary in 2013. mentally ill inmates and re-evaluate UTVs would have been $8, with $7 of A Judiciary Committee amendment, them prior to release. The bill’s provi- the fee retained by the county and $1 adopted 31-0, incorporated provisions of sions would authorize the chief execu- deposited in the state Department of two other bills into the measure. tive officer of a correctional facility to Motor Vehicles cash fund. Provisions of LB606, introduced by segregate or transfer mentally ill and The bill also would have prohibited Omaha Sen. Heath Mello, would create dangerous inmates to a psychiatric the operation of any unregistered the Office of Inspector General of the facility outside of the department. ATV or UTV, required vehicles to be Nebraska Correctional System. The Additionally, the department’s Parole registered 30 days after purchase and

PAGE 10 • UNICAMERAL UPDATE • 104TH LEGISLATURE April 13 - 16, 2015 required the department to record all banks, building and loan associations by law to purchase property or fund ATV and UTV registrations. and savings and loan associations. improvements. Loans would not be Current statute defines an all- Bellevue Sen. restricted to a single year and could terrain vehicle as 50 inches or less in Sue Crawford, be repaid in installments. width, 1,200 pounds or less, which chairperson of The ability of municipalities to travels on three or more non-highway the committee, borrow directly from financial institu- tires. A utility-type vehicle is defined as brought an amend- tions to cases in which financing the 74 inches or less in width, 180 inches ment on select file purchase of property or construction or less in length with a weight of 2,000 that made several of improvements: pounds or less, which travels on four changes to the bill. Sen. Sue Crawford • would be impractical; or more non-highway tires. The amendment authorizes direct • could not be completed within borrowing by resolution as well as the time restraints facing the ordinance and clarifies that munici- municipality; or palities could use direct borrowing to • would generate taxpayer savings refinance loans at a lower rate. The over traditional bond financing. amendment also removed the term The bill also includes public notice “significant” in reference to taxpayer requirements for direct borrowing Borrowing authority for munic- savings over traditional bond financ- from a financial institution and caps ipalities amended, advanced ing as a requirement for direct bor- the total amount of indebtedness Cities and towns in Nebraska rowing. from direct borrowing to 10 percent would have the express authority to Crawford said concerns were raised of the municipal budget for a city or borrow funds to purchase property after the bill was discussed on general 20 percent of the municipal budget or construct improvements under a file that the term was ambiguous and for a village. bill advanced from select file April 13. possibly could leave municipalities Following adoption of the Craw- LB152, introduced by the Urban vulnerable to litigation. ford amendment on a 30-0 vote, the Affairs Committee, would allow Under the amended bill, funds bill advanced to final reading by voice g municipalities to borrow from state- could be borrowed for any purpose vote. or federally-chartered banks, savings for which a municipality is authorized Unicameral Youth Legislature

The Unicameral Youth Legislature Civic Scholarship award, which is a four-day legislative simula- covers the full cost of admission. tion conducted at the State Capi- Applicants must submit a short tol Building and coordinated by essay. Other $100 scholarships the Clerk’s Office of the Nebraska are also available. Legislature. Student senators will sponsor bills, conduct committee The University of Nebraska– hearings, debate legislation and Lincoln’s Extension 4-H Youth discover the unique process of the Development Office coordinates nation’s only unicameral. housing and recreational activities for the camp as part of their Big Students will learn about the inner Red Summer Camps program. workings of the Legislature directly igh school students with an from senators and staff. Bills will be Registration forms can be obtained interest in law, government, based on legislation considered dur- from the Legislature’s Unicameral Hleadership or public speaking are ing the current legislative session. Youth Legislature page: encouraged to register for the 2015 www.NebraskaLegislature.gov/uyl. Unicameral Youth Legislature, Registrants are encouraged to which will convene June 7-10. apply for a Speaker Greg Adams The registration deadline is May 15.

104TH LEGISLATURE • UNICAMERAL UPDATE • PAGE 11 Unicameral Information Office PRESRT STD Nebraska Legislature U.S. POSTAGE PAID P.O. Box 94604 LINCOLN, NE Lincoln, NE 68509 PERMIT NO. 212 03-23-05

Former senators were invited to the State Capitol April 15 to be recognized by the Legislature. Top left: Former Sen. Elaine Stuhr is welcomed by current senators. Top right: Former Sen. Ed Schrock converses with current Sen. John Kuehn.