Legislative Update

Senator Tom Carlson

District 38

March 4, 2011 The past week has been the busiest as far as bill introductions. In addition, my family has joined me in Lincoln to cheer on the four girls’ basketball teams from the 38th District. Holdrege, Sandy Creek, Sutton, and Lawrence-Nelson all made the trip to Lincoln. As of today, Holdrege and Sandy Creek are moving on to the semi finals. I congratulate all the teams and coaches as well as the parents who support these student athletes. The Natural Resources Committee heard three bills introduced by me on behalf of the Natural Resources Districts as they held their annual managers meeting on March 2nd. LB 526 would change provisions relating to surface water transfers to allow a transfer of an entire amount of a surface water irrigation right for a nonconsumptive use. LB 595 would create the Water Resources Revolving Loan Fund to be partially funded with half the money remaining in the Water Contingency Cash Fund, which was created to receive deposits of loan repayment due to LB 1094, which passed in 2008. The third bill, LB 596, would allow any owner of an appropriation that relies on water from a river basin affected by an integrated management plan (IMP) to have standing to participate in any legal or administrative proceedings affecting such IMP. The hearings were informative but the committee has not had time to consider any action on the bills. I also introduced LB 693 last week. This bill, commonly called the Dram Shop Bill, has been in front of the Judiciary Committee for at least the past ten years. It would create a cause of action for damages against any bar tender or bar owner who serves alcoholic liquor by the drink to an intoxicated person when the licensee knew or should have known that the person was intoxicated and the intoxicated person then causes death or bodily harm to another person or persons. It is currently against Nebraska law to serve alcohol to an intoxicated person. The law is not frequently enforced. UNL Athletic Director Tom Osborne came to testify the bill on behalf of Michelle and Anno Jo Cowen of Omaha. Their husband and father, Joe, was killed by an intoxicated motorist, who had been drinking for several hours at an Omaha bar. The bill brings out many testifiers, both proponents and opponents, for this emotional issue. Tragedies such as for the Cowan family occur infrequently, but when they happen, they should have a course of action. The Ag Committee has completed its formal bill hearings for this session. We have advanced LB 305, the bill which creates a meat inspection program for the state of Nebraska. Senator Louden has LB 473, which requires landowners to control prairie dogs on their property. We hope to advance that bill. Senator Schilz presented LB 459, a bill that keeps animals as property and not allowing guardianship as is possible with human beings. I hope that bill advances.