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Dozens of new laws go into effect Friday

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By NATE JENKINS / The Associated Press

Thursday, Jul 17, 2008 - 05:26:56 pm CDT

Parents will be able to drop unwanted kids off at hospitals, pot smokers and fast drivers will get stiffer fines, uniform tests for students will make it easier to compare school districts, and goats will have to watch where they eat.

Those scenarios reflect some of the dozens of laws passed by the Nebraska Legislature this spring. They go into effect Friday.

Some of the highlights:

Story Photo
(LJS file)

* Parents who don’t want their children will be able to drop them off at hospitals without fear of being charged with a crime under the so-called safe-haven law (LB157).

The state will take custody of the children, and parents who change their minds would have to go through a state process to get back their offspring. Nebraska is the last state in the country to adopt a safe-haven law meant to prevent child deaths.

There is no age limit in the law, so that means children as old as 18 could be dropped off without penalty. At 19, children are considered adults.

Under the current law, a parent who abandons a child can be charged with child neglect or abandonment, both misdemeanors, or child abuse, a felony.

* Holding street races will be costlier with a new category of speeding fines for those traveling 36 mph over the speed limit or faster. Fines in the new, high-speed tier will be $300.

Currently, all infractions of 21 mph and more over the speed limit are punishable by $200 fines.

Without the law (LB621), someone going 150 mph in a 65 mph zone could be fined the same as someone driving 86.

Lawmakers thought the change was needed in an age of high-performance motorcycles and movies such as “The Fast and the Furious,” which they said encourage people to speed.

* Statewide tests for students will replace Nebraska’s piecemeal testing system that makes comparison of school districts nearly impossible.

The law (LB1157) will require uniform tests in reading, math and science in many elementary and high school grades.

Nebraska’s current system of assessments lets school districts create their own tests to measure achievement for the federal No Child Left Behind Act and for state purposes.

* The goat gravy train is about to end.

The famously undiscriminating eaters have become more popular in the country as a form of weed control. But their tendency to chew on everything in sight sometimes makes them guilty of property damage. Under a new law (LB925) they’ve been grouped with cows, horses and pigs as animals that can be considered stray livestock, allowing aggrieved property owners to collect damages.

* A law (LB39) meant to rein in a petition process that critics say has spiraled out of control with paid circulators goes into effect, but it won’t have an impact until next year.

It puts new age, residency and payment restrictions on people who try to get Nebraskans to sign petitions that would place proposed laws on ballots. Circulators will have to be Nebraska residents and at least age 18. It will also be illegal for petition circulators to be paid on a per-signature basis.

Petitions targeting the November ballot have already been turned in.

* Desperate homeowners will get what lawmakers said was needed protection from so-called foreclosure consultants. Some of the consultants reportedly have encouraged people who get foreclosure notices to sign over their homes.

Under the law (LB123), owners who signed over their homes would have the right to rescind such agreements.

Consultants would be barred from asking homeowners for titles.

* A first offense for possessing an ounce or less of marijuana will cost $300 instead of $100. The fine for a second offense will also spike to $400 from $200.

And the penalty for possessing more than an ounce but less than a pound will increase to a maxim of three months in jail from a maximum of seven days, under the new law (LB844).

* The Nebraska State Patrol will no longer have the power to get personal information — including phone, medical and bank records — without court oversight.

But county attorneys and the state Attorney General’s Office will have more access to personal information without court orders, under the new law (LB952).

A legal opinion last year has allowed the State Patrol get records without court orders.

County attorneys and the Attorney General’s Office can already get some records using the so-called administrative subpoenas, and the new law will let them get the subpoenas for more types of criminal cases.

* Young people will be able to try hunting for as much as a year before having to get a full-fledged license.

Under the new law (LB690), people ages 12 through 29 who want to hunt but have not completed the proper coursework can apply for a certificate, at a cost of $5.

With the certificate, people can hunt with the proper permit or stamp if they are accompanied by a licensed hunter age 19 or older.

* Towns with at least 1,000 residents will have to add fluoride to their drinking water unless they vote to opt out or have enough natural fluoride in the water.

Some cities have already opted out of a law passed in the 1970s requiring fluoride. They will have to vote again to remain exempt.

The goal of the measure (LB245) is reduce tooth decay.

* No more weekend fun horse-tripping and steer-tailing will be allowed in the state.

In horse-tripping, a cowboy lassos the front or back feet of a running horse. In steer-tailing, a mounted cowboy grabs a running steer’s tail. Then the cowboy wraps the tail around his leg or stirrup and pulls the steer to the ground.

The law (LB764) also outlaws the rodeo event with ponies, donkeys, mules and llamas.


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Mom wrote on July 17, 2008 1:05 pm:
" Even though a hunting license is not required, I highly recommend all kids who will hunt, target shoot, or will just have guns in the house take a Hunter's Safety Class first. "

Mindy wrote on July 17, 2008 1:21 pm:
" I would guess that children droppped off at a hospital under a safe haven law are not necessarilly unwanted by their mother or parents. I think most situations where this law is utilized are mothers unable to provide for a newborn or abusive situations. I think it is a little asuming that these parents "don't want" their children. "

bill wrote on July 17, 2008 1:35 pm:
" It will be interesting to see how many unruly teenagers get dropped off this weekend. "

Connie wrote on July 17, 2008 1:38 pm:
" To Mindy.....isn't it a form on not wanting that child, because if you wanted that child you would do whatever you have to do to protect and keep that child. Unfortantly it is said that we have come to this point. Being able to just dump your child of somewhere. Yes in some cases that might be the best for that child, but in that case the parent should have to stand for the punishment of abandoning that child. Is it fair, yes and no. Maybe the people should be forced to take class before ever considering to have a child. This would includ teens and alduts. Of course in this day and age of birthcontrol, there should be no unwanted children. "

wrote on July 17, 2008 1:38 pm:
" Darn GOATS anyway.......LOL Passing laws on where a Goat can eat??? wowee must have been a slow legislative day?? "

JB wrote on July 17, 2008 1:39 pm:
" The "Afirmative Action" petition would have never gotten enough signatures with the new rules. If the "fair" petition had the money theri's would gotten enough signatures too. "

SpeedRacer wrote on July 17, 2008 3:00 pm:
" Looks like i'll be doing 86 instead of just 65!! "

BC wrote on July 17, 2008 3:56 pm:
" I thought I heard our leaders say that state testing for students is not used to compare schools? Are now going to compare how students due and if they don't do so well? The schools will be reprimanded by the state by losing funds. If a student does not perform well in a certain test area from a school.Will that teacher be put under a microscope to see what's wrong with their teaching? Or even Fired! "

sue wrote on July 17, 2008 4:04 pm:
" How often can a parent drop off their kid and still get them back? "

Well wrote on July 17, 2008 4:10 pm:
" More socialism at its best. Freedom is gone in Nebraska!!! "

Mindy Supporter wrote on July 17, 2008 4:20 pm:
" To Connie....get with it! Just because you give up your child doesn't mean that you don't want him or her. Listen to what Mindy said! The safe haven law was intended for those parents who are unable to take care of their children....not cause they want to dump them somewhere! Wouldn't you rather give parents the option to leave their children somewhere safe, rather than a dumpster or toilet?! Someone can be the most loving and caring parent there is to a child and then one day be unable to financially or physically be able to take care of that child. Then what?! Would you prefer if they just neglect them? NO!! This is why these types of programs exist. We don't live in a perfect world! And FYI...some types of birth control are not 100% effective! "

jj wrote on July 17, 2008 4:21 pm:
" How about punishing owners of CATS who let them outside and they get in my garbage and howl all night and pee on my front door and matt!!

Poor goats get all the rap!! "

nemo wrote on July 17, 2008 5:06 pm:
" 300 bucks for 1st offense possession of less than an ounce is ridiculous, legalize the stuff, police it like alcohol and tax it to the hilt. I would think the tax revenue would be greater than fine income, more people never get caught than do. (get caught) "

Darrell wrote on July 17, 2008 5:54 pm:
" The "Afirmative Action" petition would have gotten enough signatures with the new rules. Just wait and see the Nebraska voters will also pass this needed equal rights law. "

Another Mom wrote on July 17, 2008 6:26 pm:
" I agree with Mindy. How many teenage girls have had babies and didn't know what to do or where to turn because their parents were unaware of the pregnancy in the first place. Maybe the pregnancy is the result of incest or rape. Maybe the girl's father or mother is abusive. It could fit many scenarios. These poor babies end up drowning by being born in a toilet or put in a plastic bag and deposited in a dumpster somewhere. It's not necessarily that the birth mom doesn't want the baby, It could be that they are not equipped emotionally to deal with it. Should they have prevented the pregnancy in the first place? Absolutely - but if they didn't, I would much prefer they have a safe haven to leave the baby at so that it can live, be adopted and loved vs dying within hours of it's birth because the birth mother doesn't know where to turn. "

oak williams activist wrote on July 18, 2008 7:14 am:
" hail, hail, Here's to the rules! "

ObieWanders wrote on July 18, 2008 10:27 am:
" American's are such controlled individuals. From their religous beliefs down to their jobs, Americans have very few rights. It is such doublespeak to say that we are the "freest" nation on earth. What we actually are is a bunch of AAA batteries producing economic outputs on a mass scale that drive our economy and give a few individuals the ability to live above the laws. Rather a nihlistic point of view I'll give you that, but look at what our daily lives are reduced to? Sleep, eat, work, TV, sleep. We're all so medicated... and I don't just mean pharmaceutically, but the pharms do great buisness erasing our depression so we can stay in the limnbo I've described. Religion is still the opiate of the masses as well.

Ok...I've been lucid long enough. Back to my trance state. Have a nice life! "

Snb wrote on July 18, 2008 10:31 am:
" Why weren't people petitioning the marijuana punishment increase, now that's one I would have signed!! "

Gonna side with Mindy on this one wrote on July 18, 2008 11:29 am:
" There are several types of birth control that are over 99% effective, and if they're not, you have a problem with directions, or you haven't educated yourself on how to assure the method is 99% effective for you. I agree, we should be a much more sophisticated society--as the number of medications and therapies and surgeries and so forth have increased. But no, we have people dumping babies in bathrooms and dumpsters. That, to me, sounds like someone who doesn't want their child. I'm deathly afraid that people who failed to discipline their children early in life are going to drop them off at the 'safe havens'. Time will tell, but please! There are PLENTY of unwanted children. "

unostudent wrote on July 18, 2008 11:56 am:
" I agree with the authors in that the loophole for the safe haven. However it seems you could get rid of your kid if you didn't want him. It is a great law for unwanted newborns but not for 16 year olds who's parents get tired of him. That what the loophole implies, at least in my opnion. "

Sarah wrote on July 18, 2008 12:22 pm:
" I think the safe haven law is a great thing when it's applied to infants/toddlers as it's meant too. Allowing parents to drop off children up to age 18 is taking it too far (in my opinion). I wonder how many parents will get angry and take their kids there. I also wonder how many children will run-away to the hospitals in order to get away from their parents. With the Safe Haven Law, the people at the hospital are not supposed to question the parents decision as to why the child is being dropped off (and how are they supposed to know if the child came to the hospital themselves or if the parent left them at the front door?!). Having the law in place is good but again, up to age 19? That just doesn’t seem right to me. "

me wrote on July 18, 2008 12:25 pm:
" I'm surprised there are not more comments on the marijuana issue. I guess those that smoke it will just try harder not to get caught in the first place. Those that do have to pay the $300 (or have to go to jail), will probably think twice before doing it again. (BTW, I'm all for the legalization of the stuff) "