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SENATOR PRIORITY BILLS Priority Bill Introducer One-Line Description

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SENATOR PRIORITY BILLS Priority Bill Introducer One-Line Description UNICAMERAL UPDATE News published daily at Update.Legislature.ne.gov Vol. 44, Issue 11 / March 15 - 18, 2021 Student journalist, Regulatory framework for advisor free speech protections advance racetrack casinos advanced after cloture tudent journalists would have stronger First Amendment pro- Stections under a bill advanced from general file March 18 following debate spanning several days. LB88, sponsored by Lincoln Sen. Adam Morfeld, would designate student-produced media as part of a public forum and extend the full right to exercise freedom of speech and press that is provided to professional mem- Sen. Adam Morfeld bers of the media to public high school Sen. Tom Briese confers with colleagues during general file debate on LB561. and postsecondary student journalists, as well as their media advisors. bill that would implement amendment, adopted 35-4, added Morfeld said that students must be provisions of a constitutional the provisions of LB560 and also allowed to learn about the intersection A amendment approved in amended provisions of the original of their First Amendment rights and 2020 was expanded and advanced bill. The amendment would rename the ethics of professional journalism from general file March 17. the State Racing Commission to the under adult supervision. Doing so Last November, Nebraska voters State Racing and Gaming Commis- requires a “delicate balance,” he said, legalized all forms of games of chance sion and grant it authority to regulate which LB88 provides. at licensed racetracks through an games of chance under the Nebraska “The protection of student journal- initiative petition drive. LB561, as Racetrack Gaming Act. ists’ rights in our K-12 schools and introduced by Sen. Tom Briese of Among other provisions, the state institutions of higher education Albion, would provide the regulatory amendment also would: is critical in the development of cur- framework necessary to implement • raise the legal age for wagering rent and future civic leaders,” he said. that constitutional amendment. on horse racing from 19 to 21; “Students, at an early age, must under- A General Affairs Committee • establish a process to allow an stand the power and the consequences amendment would have replaced the individual to be excluded volun- of the First Amendment in an environ- bill and added LB560, also introduced tarily from wagering; ment supervised by an instructor and by Briese, as well as other provisions. • establish a system for lodging with appropriate boundaries.” At the request of Kearney Sen. John complaints; The bill would not protect any Lowe, the committee amendment was • classify manipulation of a game expression by a student journalist that divided into three components and of chance or gaming machine is libelous or slanderous, constitutes debated separately. as a Class I misdemeanor; and One component of the divided (continued page 2) (continued page 3) INSIDE: Virtual meeting bill clears first round • Mental health insurance bill advanced • Priority bill lists March 15 - 18, 2021 Student journalist, advisor protections advance (continued from front page) an unwarranted invasion of privacy, ments amendment was Bayard Sen. with — but a student asking questions violates state or federal law or incites Steve Erdman. Local school boards ... they are learning, and they go on students to engage in an unlawful act. should have ultimate control over to do great things in life because they Student journalists and advisors which issues are covered by school- question.” would not be subject to discipline for sponsored media, he said, because The Clements amendment lost on exercising their rights as protected community norms differ. a vote of 15-26. under the bill. “When you put in place a specific Hastings Sen. Steve Halloran Sen. Julie Slama of Peru spoke in rule or regulation or opportunity for then brought an amendment, which support of the proposal. As a former students to write something, those failed 14-23, that would have allowed student journalist, Slama said she students in Harrison [for example] individual school districts to choose understands the importance of having may find it very difficult for their com- whether to designate their student- guardrails in place for student media. munity if they write something that’s produced media as part of a public fo- “The simple fact of the matter is that acceptable in Omaha,” Erdman said. rum. He said doing so would reinforce these students [already] are free to post Sen. Mike Groene of North Platte school autonomy and self-governance. whatever they want on [social media] also supported the amendment. A Morfeld opposed the Halloran regardless of journalistic standards,” single tenured faculty advisor could amendment, saying it would remove Slama said. “I do think LB88 provides a unduly influence what student jour- all protections proposed in LB88 and great framework for a student journalist nalists write, he said, and school would codify current practice instead. to express their opinion and to practice administrators would be powerless to After approximately eight hours of journalism, all under the supervision of stop them under LB88. discussion, Morfeld offered a motion a faculty advisor.” Opposing the amendment and to invoke cloture, which ends debate Elmwood Sen. Robert Clements speaking in support of the bill was and forces a vote on the bill and any offered an amendment to remove high Norfolk Sen. Mike Flood. He said that pending amendments. Lawmakers school journalists from the protections curiosity and questioning authority are voted 33-12 to invoke cloture. Thirty- proposed in LB88. Clements said des- the foundations of journalism. three votes were needed. ignating all student media as part of “What I see here is the learning Following the successful cloture the public forum would give students that comes from students being em- motion, senators voted 15-25 to reject too much power. powered with the same rights that they a pending amendment from Thurston “With public forums, my under- have in society and doing it under the Sen. Joni Albrecht that would have standing is that the school no longer roof of the schoolhouse,” Flood said. removed student control over advertise- would really have editorial supervision “Yes, it’s uncomfortable — and yes, ments published in school-sponsored over the content,” he said. it is not pragmatic or what an admin- media. Lawmakers then voted 28-15 to Speaking in support of the Cle- istrator wants to wake up and deal advance LB88 to select file. n 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 ailem [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: Kate Heltzel; Writers: Kyle Harpster, Ami Johnson, Mike Malloy; 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 • 107TH LEGISLATURE March 15 - 18, 2021 Regulatory framework for racetrack casinos advanced (continued from front page) • allow the commission to hire betting wider than it’s ever been in- She said she voted against the ballot investigators, inspectors and terpreted.” initiatives but acknowledged that op- other personnel necessary to Lowe disagreed, saying that Ne- ponents “lost big” and said senators administer and enforce all braskans didn’t intend to allow now should implement the will of provisions of the Nebraska sports wagering when they voted to the people. Racetrack Gaming Act. legalize gaming at racetracks. Games Albrecht opposed the amendment, Debate focused on the other two of chance, he said, include things like saying that its provisions were not part components of the original committee card games and lotteries but not sports of the underlying bill and had not had amendment. One of those, adopted wagering. a public hearing. In addition, she said, 31-10, would authorize sports wager- Thurston Sen. Joni Albrecht also electronic tickets would speed up the ing in designated areas at Nebraska opposed the proposal, saying that game. racetrack casinos and grant authority even backers of the gaming initiatives “It allows people to spend their to the State Racing and Gaming Com- specifically stated that sports wagering money quicker,” Albrecht said. “[They] mission to adopt and enforce rules. would not be included in authorized could possibly lose a job because of it, Under the amendment, in-person casinos. could possibly lose a marriage because wagers could be placed on profes- “If they say [sports wagering] was of it, could possibly not be able to feed sional, collegiate and international not part of the casino gambling aspect their children because of it.” sports but not on interscholastic, of it, I guess I don’t understand why Briese assured lawmakers that the youth or fantasy sports. Wagers on we would just arbitrarily decide to put General Affairs Committee would the performance or nonperformance it in the bill,” Albrecht said. hold a hearing on the amendment of an individual athlete in a collegiate A third component of the divided if it became part of LB561.
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