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LB430 UPDATE 5/13/09: LB430 Passes 45-3; thank the Senators

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Wymore Wrangler:
Good report Aldo, but was anyone else beside me appalled at the language used by Senator Council!  I'm not a prude, but when these events are televised, or internet streamed, it's plain embarassaing that a senator cannot speak without using profanity...

00BUCK:

--- Quote from: Wymore Wrangler on April 01, 2009, 08:18:14 PM ---Good report Aldo, but was anyone else beside me appalled at the language used by Senator Council!  I'm not a prude, but when these events are televised, or internet streamed, it's plain embarassaing that a senator cannot speak without using profanity...

--- End quote ---
I was not surprised to hear it. Like someone over at ccwne said ... "You aren't fooling anyone with the wig Ernie, we can still see your moustache"

Dan W:
Great job Aldo. And thanks for keeping us that could not watch informed.

Burnsy87:
Hell of a write-up, thank you very much!

Aldo:
OK, today (April 2) was it; the whole kit and kaboodle passed, including the re-inclusion of allowing churches the right to choose for themselves.

For what it is worth, here's the notes I took if you're interested:

AMENDMENT 936

Sen McCoy introduced Amendment 936 to allow places of worship to have security personal with CCW.

Sen Wightman asked Sen Christensen couple of questions about ccw history and background check process; Sen Christensen explained the background check process; Sen Wightman said that he will support LB 430 and Sen Christensen's amendment from yesterday but nothing further; stated that NRA camel has been getting under the tent too much; he doesn't feel any safer with people who have CHP; he believes that cities should have the right to have local control, yet he will support Sen Christensen's amendment to allow state to supersede the cities for CCW transportation.

Sen White rose in support of Sen McCoy's amendment; church is a place of refuge from violence and it is a place of peace and forgiveness, but his own church has suffered from victimization and vandalism; and church history reflects long history of violence and hatred against the church; if church deems it necessary to have a security officer be it hired or a CHP holder, then he supports the church's right to decide for themselves.

Sen Schilz supports McCoy's amendment; one has to be able to defend oneself; the country's forefathers meant for citizens to have the right to defend themselves.

Sen McCoy yes, churches have had a long history of victimization; his amendment gives the church the right to choose; this amendment is stricter than other states who have similar amendments.

Sen Council rises in opposition to the amendment and the underlying bill; in the same historical context, when this legislative body passed the original CC bill, the church was identified as one of the specific places to prohibit CCW; what is really being sought by this legislation? we are being told that law abiding citizens with CHP will become law breakers with the current wording of the CHP law; refer others to existing statute that already provides provisions to protect the CHP holder who is at the intersection between jurisdictions with different city laws...(NOTE: timekeep stopped her because time was up).

Sen Stuthman as said yesterday, he did not support the original bill in the past for CCW, but he now does support Sen Christensen's amendment regarding travel in state by CHP holder, but not sure yet regarding the McCoy amendment; question to Sen McCoy regarding how many churches have 24/7 security at the present time; Sen McCoy was not sure but said that NE has megachurches with large family sizes, such as his own church, and there is security at his church and others; Sen Stuthman made point that churches already now have security; question to Sen Council regarding clarification that as long as CHP holder stays in the vehicle with the CCW, then that individual is exempt from being against the law; Sen Council said yes as long as the gun is not removed from the vehicle; Sen Stuthman said that answers the concerns of his constituents.

Sen Harms question to Sen McCoy: he (Harms) is still struggling with the amendment relative to what is happening to the House of God and to the country; so it offends him in a sense, especially relative to the term security personnel since there currently is no training or certification process for security personnel, and we need to first define it; in the urban areas this may be fine, but he has concern regarding rural areas; Sen McCoy said that the US Dept Homeland Security held a conference recently regarding security at churches, and that security teams are usually retired or off-duty LEO and military; Sen Harms said that is an issue with small churches.

Sen McGill supports uniformity regarding travel in the state for CHP holders, but is against this McCoy amendment; each year there will be further erosion with more and more requests and exemptions, for example political rallies; if someone wants a gun in the church, then just don't conceal it, and that is the answer.

Sen Hansen question to Sen McCoy to describe security at his church and how it would change if this amendment passes; Sen McCoy says his church has off-duty Douglas County LEO armed and located at each entrance; Sen McCoy clarified that his amendment is not intended to supplant security personnel but rather to enhance it; Sen Hansen said he supports the amendment, and that even though his own church is small and would not elect to have armed security, he does support it for other churches who choose to do so.

Sen McCoy 38 other states already allow or will be allowing CC in places of worship; his amendment would be the most restrictive of all of those states; it is important to allow the churches the ability to protect itself; there has not been one incident of accidental discharge anywhere in this country in churches; in 2007 in a Colorado church, there was an individual who came into the 7,000 member church armed with 1,000 rounds, and the person was stopped by one armed security person.

Vote was started on McCoy Amendment 936, and when it reached 15 yes, 12 no, and 19 no vote, a Senator made a "call to house" that required all unauthorized personnel to leave the legislative floor.  Sen McCoy requested a roll call (NOTE: it went too fast to jot down votes by names...I wasn't prepared with a list beforhand....sorry); a roll call vote tally was 29 yes, 15 no, and 3 no vote to approve AM936.

FLOOR AMENDMENT 24

Sen Flood introduced the amendment regarding a timeline for military personnel applications.

Sen Christensen said committee did not deal with that issue in the original bill and was amenable to allowing it to be removed.

Sen Price closed asking for support.

Vote: 33 yes, 3 no, and 11 no vote to approve FA24.

AMENDMENT 940

Sen Price introduced the amendment relative to military members and spouses who are NE residents but stationed outside of NE not being able to apply for a CHP, and that amendment would allow for application to be done without being present in the state.

Sen Whitequestion to Sen Price: key to the CHP permit is proper training and background check; how would this be done in these situations? Sen Price said he will look into the background check, and perhaps the out-of-state training would suffice, but this amendment pertains strictly to residency issue.  Sen White said he was still concerned with the background check and training processes; he emphasized need to have person physically present for both, and that this amendment destroys the essence of the CHP process.

Sen Price also supports these assertions regarding training and background check; he does not want to erode the CHP process, and was willing to withdraw his amendment and bring it back on Select File.

AM940 was put into pending status.

SEN ASHFORD TO CLOSE ON AM835 AND LB 430

Sen Ashford urges members to support the amendments and bill; he appreciates the concerns expressed by Sen Council and Sen McGill regarding their respective cities, and it would be appropriate between now and Select File to list those concerns relative to State Statute, for example stalkers would not be permitted to have CHP.

Vote on adoption of committee amendments: 39 yes, 2 no, and 6 no vote.

Sen Christensen if there are concerns, please bring them before the next two votes.

Vote for LB 430 to advance to Enrollment and Review Initial: 40 yes, 4 no, 4 no vote.

NE Legislature definitions from their glossary:

Enrollment and Review Initial (E&R for Review): the enrollment and review process that a bill undergoes after it is advanced from General File.

Enrollment and Review Final (E&R for Engrossing): the enrollment and review process that a bill undergoes after it is advanced from Select File.  During this stage, the bill is engrossed and reprinted for Final Reading.

Select File: the second stage at which a bill is considered by the entire Legislature. Bills on Select File may be amended, returned to committee, indefinitely postponed or advanced to Final Reading.

Final Reading: the third and last stage at which a bill is considered by the entire Legislature.  The clerk reads the entire bill aloud, unless final reading is waived, and senators vote without debate on whether to submit the bill to the governor.

SO, FOLKS, WE CAN'T LET UP YET ON OUR CONTACTING STATE SENATORS.  THIS IS GREAT THAT LB 430 AND AMENDMENTS MADE IT TO THIS POINT, BUT THERE IS POTENTIAL AND PROBABILITY FOR CHANGES OR WORSE TO STILL BE DONE.   STILL CONTACT THE SENATORS AND KEEP UP THE SUPPORT!!!

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