Krusin' the Capitol
By Nebraska State Senator Lowen Kruse
2003
Week 8
March 1, 2003
Hi
No budget gripes this week. Ooooo.
Had fun presenting a couple of bills. The hearings before two different
committees went very well. The bills are quite different.
One was my repeat offender bill, given the famous number 775 (the corporate
incentive bill number). I told them this bill is filled with incentives.
We do not remember a hearing on such a heavy-duty subject, with so many
provisions, going so well. Had police, prosecutors, victims and MADD
advocates, all with pointed, concise witness.
The fun witness was an old gentleman who could not come because of his
injuries when he was hit by a repeat drunk driver 30 years ago. He sits at
his kitchen table and cuts articles about injuries and deaths caused by
alcohol impaired drivers. Sent me a stack of them. Phoned the night before
to be sure I had them, and could I announce that he was there? O my yes. He
called again the next evening and was so excited that we were doing something
which he considers effective.
The touching one was the Incontro family, which I led off by showing an 8 X
10 picture of four teenagers with their heads together and obviously enjoying
each other. Rosie was killed; Nick had his legs broken in such a way that
they may not grow; Beth had facial cuts so deep they got into her eye, and
Lisa had internal lacerations. Their Mother was there to describe the horror
of watching the cars pitch into the air as she followed in another car. Ruth
brought her down, as she still cannot drive a year later.
The third victim was Ros, wife of our MADD chapter president. Her offender
was my "poster adult." This dude has been arrested 97 times, convicted 75
times, 40 of them on the road. Shocking, but 18 of the arrests came to
dismissed charges. Where is clear, consistent, firm enforcement? He gets
out of prison this year and we are all in danger.
He has an attitude, as you might expect The other convictions include
assault, stabbing, lewd behavior, guns -- and on and on. No remorse. He
complains "The B___ got in my way" when he was escaping from police.
How he could not be locked up as an habitual criminal escapes me, but he can
be after this passes. Some would say it costs too much to put these guys in
prison, but I figured out that our public expense on his actions would pay
for that kind of board and room for well over 100 years. Let's save some
money.
The bill revokes licenses rather than suspend them, so offenders will no
longer have the license on them, to pretend that it is real. We also help
prosecutors to count previous offenses in two ways. [Called enhancement.]
At present defense can appeal the judgment and the offense does not count for
as long as two years, while the offender is out adding more and being charged
with first or second offense. It is now final, for enhancement, before
appeal. We cannot control plea bargains, but we will require the prosecutor
to list every conviction, anywhere in the country, and provide a written
statement as to why those convictions are not used for enhancement.
We also are creating a new offense, Aggravated DUI, which applies to those
whose BAC has been high twice, or who try to run from police, etc. A felony.
The defense attorneys are always the opposition to our bills, but they just
sent a letter this time, asking for more alcohol treatment. I certainly
agree. To be fair, I have had many defense attorneys over the years
privately object to their association's attempt to protect their loopholes.
"Take away those loopholes so I can talk straight with my client who is
putting my children's lives at risk."
The other bill is to remove levy caps, which are on 15 local governmental
units. I came on after 3 hours of hearings on bills trying to tweak and
raise the caps. So of course I said "Let me take you away from all this."
So many think that caps are holding down property taxes that I will not get
far. But at least we can start talking about local control and local
responsibility for taxes. I gave several examples where taxes will come down
if this is passed. Several jurisdictions levy the cap when they do not need
it. The locals do not argue, since it sounds conservative, but there is not
budget to support the levy.
Worse yet, some schools are deferring maintenance until the building starts
to crumble so they can go for a renovation bond, which is easy to get. Costs
more taxes in the long haul. Plus, small districts are really in trouble, as
there is a freeholder provision by which large land owners can prevent a levy
override vote.
Senator Warner put the caps in to even property taxes (including raising
some) and said it should be removed in two years. That was 7 years ago.
Well, the worst of it is not $$. Caps are paternalistic and demeaning to
good local folk, trying to do their best to keep services coming at the
lowest cost. It adds to frustration of people who are being hassled and
gives them the excuse that "The legislature will not let us fix the roof."
I do not care what they do with this bill, but it is time to talk about our
future.
Lowen
Back to Top
Krusin the Capitol Index
Home Page
|
