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Christensen feels support for 'Castle' bill
A bill introduced by Sen Mark Christensen of Imperial that would allow people to use deadly force against someone breaking into their homes, workplaces or cars is getting overwhelming positive response, the senator said today.
In fact, the only negative feedback is coming from newspapers in Lincoln and Omaha which have "hammered" him on it, Christensen said this morning at the McCook Area Chamber of Commerce Legislative conference call.
Despite the newspapers calling it the "Make My Day law," Christensen prefers to call it the "Castle Doctrine" and said he's received nearly 100 percent support of the bill.
"It's amazing to me about the support,' he said, adding that other senators have told him their e-mail boxes are full of comments in favor of the bill.
Currently, it's legal to use deadly force if a person is threatened with death, serious injury, kidnapping or forced sexual intercourse. Other states already have similar laws.
Christensen also has introduced several bills that concern the Republican River Basin, including one that clarifies the use of an occupation tax on irrigated acres and another that cancels the repayment of the $9 million loan natural resources districts borrowed last year from the state.
LB 862 would allow NRDs to use the occupation tax if regulatory metering is done in its district. A current occupation tax allowed by LB701 and used by the NRDs is now being challenged in District Court as unconstitutional.
A property tax in the same law was declared unconstitutional by the Nebraska Supreme Court.
It was first challenged in Lancaster County District Court, which found it illegal because the tax was levied on only a certain number of property owners, creating a closed class.
On appeal, the Supreme Court ruled the tax was unconstitutional as it was levied for a state purpose, in this case the Republican River Compact.
The Compact allocates use of the river between Nebraska, Kansas and Colorado. Kansas has alleged that Nebraska used more water allowed during the dry years of 2005-06.
Christensen said new language in the bill eliminate the closed class designation and could apply to all or none of the other NRDs in the state. Other senators are in favor of the bill as long as the bill doesn't apply state-wide, he said. As written now, the occupation tax would apply to the three NRDs in the Republican River Basin as well as a portion of the Twin Platte region.
In LB 932, Christensen wants the state to forgive a $9 million loan that Basin NRDs borrowed from the state last year. The money was used to pay farmers who sold their water to the NRDs in 2007. That water was sent to Kansas to keep Nebraska in compliance with the Republican River Compact.
LB 932 asks that loan be cancelled and argues that as the Nebraska Supreme Court stated that the compliance with the compact is essentially a state responsibility, that the state should pay the cost of complying with the compact.
Christensen admitted that the bill faces an uphill battle, with many in the Legislature unsympathetic with water woes in the western part of the state.
"I've got NRDs in my district. .. with an $8.7 million debt with no way to pay it back," he said.
Earlier in the meeting, Christensen said working with the Legislature can be frustrating, as the common response he's heard to water issues is to either shut down irrigation or severely curtail pumping allocations.
"I can ignore these issues and shut the door, or work with the body and figure out the next best thing," he said.