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Liability bill gets approval
Lincoln Journal Star (Nebraska)
April 5, 2007 Thursday
Sen. Ernie
Chambers told stories. He read from the transcript of a
public hearing. He engaged in playful banter and in very serious
discussions of legal terms. He offered amendments that failed and then
asked senators to reconsider their votes on those failed amendments.
He
described what he considers racist policies where swimming pools in
north Omaha are closed, but a skateboard park is built in west Omaha.
And
just six minutes short of eight hours of debate over two days, 40
senators voted to stop Chambers' filibuster on a recreational liability
bill (LB564).
Then they gave first-round
approval to a measure that offers some protection from liability to
local and state governments when they provide free activities.
"We have struck a good balance," said Omaha Sen. Steve
Lathrop, who negotiated a compromise on the liability issue with
representatives of local governments.
Government
officials are seeking protection because a recent Nebraska Supreme
Court decision held that a 25-year-old recreational liability law did
not apply to public entities.
Though much
of the discussion focused on skateboard parks, built by communities to
keep kids off streets and sidewalks, there was much more at stake, said
Lynn Rex, executive director of the League of Nebraska Municipalities.
Communities
have closed sled hills, outdoor ice skating areas and skateboard parks.
Without some protection, schools may have to fence their playground
areas to keep unsupervised children off the equipment, she said.
Chambers
argued government should have a higher standard of liability so that
children who are injured and whose parents cannot afford medical care,
will get that care.
But the Omaha senator
was alone in his objections. The other senators waited out the
filibuster, many in the comfort of their offices until summoned back to
vote on amendments.
Speaker Mike Flood of Norfolk told senators to expect the filibuster to
continue at the next two stages of debate.
Paid
for by Lathrop for Legislature * 11818 Oakair Plaza * Omaha, NE 68137
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