Another busy week in Lincoln

It was another busy week in Lincoln. A couple of high-profile bills were front and center last week.

LB 188, introduced by Senator Watermeier, would have clarified some language in Nebraska law relating to "innocent third parties" injured or killed as a result of police action, specifically in regard to car chases. In court decisions, Nebraska judges have constructed a definition through judgements that defines an "innocent third party" to include someone in the car who has not contributed to the driver fleeing and whom law enforcement is not seeking while pursuing that car. LB 188 would have eliminated consideration of "innocent third party" for a passenger in a fleeing vehicle for those engaged in certain types of criminal behavior. This bill came up against a filibuster, and after the full six hours of debate, the bill came to a vote to invoke cloture. In order to invoke cloture when a filibuster has been undertaken, a bill needs 33 votes. Although I voted to give LB 188 a chance to move forward, the motion fell short with only 31 votes.

LR 35, introduce by Senator Ebke, would have petitioned the U.S. Congress to call a Convention of States, or an Article V convention. This follows a procedure set forth in the Constitution by which new amendments can be made. While the normal procedure for an amendment to the Constitution entails the Congress creating and sending it to the states for ratification, there are some issues, such as those affecting Congress, which it has historically been reticent to pass. Those who advocated LR 35 supported an amendment requiring Congress to pass a balanced budget each year, as the Nebraska constitution requires of the unicameral. Detractors voiced concerns about a "runaway convention," which might end up passing amendments restricting gun rights, or other issues which the states did not intend. As the debate continued, I listened carefully to both sides. The resolution came to a vote on the floor to be recommitted to committee, meaning that it would have no chance to be heard again on the floor. I voted against the motion to recommit. However, the majority of my colleagues felt that the decision to send LR 35 back to committee this year was the right one. Until someone introduces similar legislation in a future session, Nebraska will not be petitioning Congress for a Convention of States.

I always enjoy hearing from the Nebraskans I represent. Please feel free to contact my office with any questions or concerns that you might have. My email address is dhughes@leg.ne.gov and my phone number is (402) 471-2805.You can read more about bills and other work of the Legislature at www.nebraskalegislature.gov, and you can click on the Live Video Streaming NET logo to watch sessions, hearings, and other Capitol events.