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Senator Ashford article on combating youth crime and violence |
 LB 142 LB 142 is an important bill that updates Nebraska's existing criminal offense of intimidation by telephone to include threatening communication made via a computer or other electronic communication devices, which are not currently included. This closes an obvious loophole and updates the law's coverage to account for modern technology.. Electronic communications that threaten, intimidate or terrify or any that use lewd or lascivious language or suggest acts that are lewd or obscene will now be prohibited, not just telephone calls. LB 142 also expands this offense by adding a new and separate offense of Enticement by an electronic communications device when the victim is younger then 16. Enticement in this bill would consist of individuals 19 years of age or older knowingly contacting a child under 16 years old, or any peace officer believed to be under 16 via the same type of electronic devices, and transmitting to them lewd, lascivious material, suggestions of sexual acts or suggestions or any type of act. The problem on online child pornography and child predators can be met far more effectively by this new addition. LB 237 LB 237 provides for a much needed increase in the protection of families' homesteads by increasing the value of homestead exemption from $12,500 to $60,000. Medical costs can be both unexpected and potentially ruinous to a families' lifelong savings. LB 237 protects families by guaranteeing $60,000 of the home's value from any lien owing to unsecured debt like medical bills and credit cards. LB 237 was heard before the Judiciary Committee and Senator Ashford helped with the bill's advancement from committee and with the bill's adoption by the Unicameral. LB 564 LB 564 is one of the most significant pieces of legislation advanced by the Judiciary Committee this year. In September 2006, the Nebraska Supreme Court ruled in Bronsen v. Dawes County that governmental entities no longer enjoyed liability protection under the Recreational Liability Act, which overturned over 30 years of prescedent. The public recreational opportunities on thousands of acres of land across the state; from public parks, skateboard parks, hiking, swimming and biking opportunities were all now open to significant financial and legal vulnerability. The reaction to the Bronsen decision was fairly swift, skate parks, sled runs, hiking and hunting opportunities were soon closed. LB 564 restores the pre-Bronsen level of protection to the state, state agencies and political subdivisions, which would all enjoy limited liability protection. Specifically three areas of exemption from claims would be enjoyed by governmental entities for recreational activities for which no fee is charged:
The passage of LB 564 will guarantee the wide range of outdoor recreational activities that Nebraskans of all ages have grown to enjoy in the state from skate board parks to hiking throughout the state. LB 641 The most critical issue for me was the resolution of the Omaha Public Schools dispute, which in recent years has been a frustrating source of division between school districts and communities. The Education Committee and Omaha's school superintendents worked together this session to put an end to that division, an end to school district boundary disputes and costly lawsuits. We created a new framework for K-12 education that will provide new avenues to promote cooperation and integration, and address the achievement gaps that exist in our schools. This solution is thrifty too; there are no expected tax increases for OPS or District 66. This is an issue that will be closely studied and any unintended tax consequences will be addressed next year. LB 367 The Legislature passed a series of significant tax cuts this year. Tax cuts contained in LB 367 totaled $425 million over next the two years and are in fact greater than the amount of spending increase in the state's biennial budget. Some tax cut highlights include:
LB 502 More tax relief during this year's session came from the passage of LB 502 which adjusts the tax rate and exemptions for inheritance. This will ease the burden of taxes for inheritance on immediate families by increasing the deduction from $10,000 to $40,000. This deduction hasn't been adjusted since 1901! LB 551 The Legislature passed LB 551, sponsored by Senator Mike Flood and myself, which will allow the city of Omaha to recapture 60% of the sales tax revenue generated by the many events held at the Qwest Center and at the adjoining hotel to pay off bond debt. The previous formula produced less then 35% of the anticipated revenue to Omaha. This new law will ease the tax burden of Omaha taxpayers. I successfully amended the bill to direct 10% of the funds to highlight historical areas in Omaha that now suffer from significant concentrations of poverty. It is my hope that these funds can start a revitalization of these important areas. As chair of the Judiciary Committee I worked with other Senators on a number of major and far-reaching issues. LB 373 In enacting my priority bill this year, LB 373, Nebraska joined 30 other states in excluding apologies by health care providers from being used as admissions of liability. The relationship between patients and their doctors is ideally one of trust, and when mistakes occur patients should be able to speak frankly with their doctor. This bill does not seek to make it harder for victims of malpractice to sue. Experience in other states, however, has shown a decrease in claims filed, saving tax dollars and keeping the focus in the medical community on caring for patients. LB 554 LB 554 is the first substantial rewrite of Nebraska's parenting laws in twenty years and directs divorcing parents to develop a parenting plan by themselves or with the aid of a mediator. If parents are unable to develop such a plan, the court will create a parenting plan that is in the best interests of the children. Specially trained mediators will be called upon when there are allegations of domestic abuse. The bill also makes the father of a child liable for the reasonable and necessary medical expenses associated with the pregnancy and birth of the child. Among the other important features of LB 554:
It is my hope that LB 554 will greatly lessen the trauma that children suffer during a divorce proceeding. LB 674 Identity theft is a growing concern for many, and the Legislature is working to make it harder for thieves by protecting employees' and customers' social security numbers. Companies were storing sensitive data like this without security and making social security numbers visible to far more employees than necessary. LB 674, the "Credit Report Protection Act" requires businesses to be more careful and use social security numbers only when necessary, keeping them on a "need-to-know" basis. LB 573 Finally, LB 573 addresses the growing problem of underage drinking. The new law holds adults liable for allowing minors to drink on their property, who purchase alcohol for a minor and retailers who sell alcohol to a minor. They can now be liable for injuries or other damages caused by the negligence of the intoxicated minor. There are a number of important bills that were passed this past session that I have not included here, I would invite you to read about this past session's work at the Unicameral Update website, included below. http://www.nebraskalegislature.gov/web/public/update. The Unicameral Update is published weekly during session and is a wonderful resourse for following the work of the Legislature. Subscription is free and my office would be very happy to arrange your subscription, just e-mail your name and mailing address to my office: |
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