Debate Transcripts

LB 595 (1997)

General File

April 9, 1997


SPEAKER WITHEM:  LB 852 advances.  Mr. Clerk, next bill.


CLERK:  LB 595, by Senator Robinson.  (Read title.) The bill was introduced on January 21, referred to the Government Committee, advanced to General File.  I have no amendments to the bill, Mr. President.


SPEAKER WITHEM:  Senator Robinson.


SENATOR ROBINSON:  Mr. Speaker, members of the body, LB 595 deals with election of school board members of Class III




schools.  Class III schools are from population of 1,000 to 100,000.  The bill allows districts to nominate by district or ward and elect at large.  This method of election is already in place with at least one other political subdivision.  NRDs may elect this way, if they choose.  LB 595 is necessary because of a bill passed in 1974.  In 1974 the Legislature passed LB 592, a Revisor's bill.  The bill dealt with school district reorganization and school board member elections.  It repealed a statute which allowed Class III districts to nominate by district and elect at large.  We've tried to find out why this statute was repealed.  There was no committee hearing, so there was no transcript of a hearing.  The Floor Debate from 1974 contains only reference...  only one reference to the repeal of this section.  Senator Carpenter, at that time, said it was all right to repeal the statute because the main factors had been incorporated into LB 592.  Some of the language which was adopted in 592 was somewhat vague, that language since has been repealed.  However, it has been the...  it may have been the language to which Senator Carpenter referred, which he said had been incorporated into LB 592.  For these reasons, I believe that the repeal was unintentional.  A Class III district, in my area, Tekamah-Herman, requested that the law be reinstated, that is why I introduced LB 595.  LB 595 is supported by the Nebraska School Boards and the Secretary of State.  The bill was passed out of the Government Committee with no amendments, and was passed out unanimously.  I ask you to advance LB 595, and I would be happy to answer any questions.  I would...  another piece of information, there are statutes as far as the ...  how the precincts are developed into law and so forth.  So I would be happy to answer any questions, if there are any?


SPEAKER WITHEM:  Thank you, Senator Robinson.  Chair recognizes Senator Hartnett.


SENATOR HARTNETT:  Mr. Speaker, members of the body, Senator Robinson, can I ask you a question?




SPEAKER WITHEM:  Senator Robinson, will you respond?






SENATOR HARTNETT:  This is done ...  this is done by the Board of Education, can make a decision.


SENATOR ROBINSON- That's correct.


SENATOR HARTNETT:  How soon before the next election, you know, just kind of glancing, how soon before the next election does this have to occur?  Is there a time limit?  Is it a year?


SENATOR ROBINSON:  I do not...  I cannot answer that.  I can get the answer for you.  But I think...  I can't answer that question right now.  I'll get it to you before Select File, if that's okay.


SENATOR HARTNETT:  Yeah, before Select File.






SENATOR ROBINSON:  But I will say they've been doing this for a number of years.  And actually, if you're real honest, it's been illegal.  So, basically, what we're trying to do is make it legal, what they have been doing.


SENATOR HARTNETT:  I think it's a good idea, Just was curious.


SENATOR ROBINSON:  We'll find that answer out for you, Senator, and get it back to you.


SENATOR HARTNETT:  Yeah, yeah, thank you.


SPEAKER WITHEM:  Thank you, Senator Robinson.  There are no further lights on.  Closing is waived.  question is, shall LB 595 be advanced?  All in favor vote aye, opposed vote nay.  Record.


CLERK:  25 ayes, 0 nays, Mr. President, on the advancement of (LB) 595.