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Nebraska Bill #LR289CA   View text of Bill | Go to Bill Online
Bill Name:Legislative Resolution Constitutional Amendment LR289CA
Type:Health Care Freedom
Requested Patriot Action: This bill was introduced in Nebraska January 13, 2010. This bill was assigned to the Health and Human Services Committee 01/13/2010. Contact all the members of this committee and encourage them to pass this bill out to the floor.

Committee Members:

Tim Gay (402) 471-2730
Kathy Campbell (402) 471-2731
Mike Gloor (402) 471-2617
Gwen Howard (402) 471-2723
Dave Pankonin (402) 471-2613
Arnie Stuthman (402) 471-2715
Norman Wallman (402) 471-2620
Committees: Referrec to Health and Human Services Committee 01/13/2010
Sponsors: Legislative Sponsors:
McCoy (402) 471-2885
Carlson (402) 471-2732
Christensen (402) 471-2805
Coash (402) 471-2632
Fulton (402) 471-2734
Harms (402) 471-2802
Janssen (402) 471-2625
Krist (402) 471-2718
Lautenbaugh (402) 471-2618
Price (402) 471-2627
Schilz (402) 471-2616
Utter (402) 471-2712
Session Schedule: In Session 1/7/09 - 4/15/10 (est.)

Interim Recess 5/30/09 - 1/11/10 (est.)

In Session 1/12/10 - 4/15/10 (est.)
Similar Bills in other states: 
Date Introduced: 1/13/2010
Enacted:
Status:Health and Human Services Committee hearing February 03, 2010
Passed House committee:
Passed Senate committee:
Passed Senate:
Passed House:
Link to Bill history: Go to Bill history
Bill History: LR289CA - Constitutional amendment to prohibit laws that restrict or interfere with choice of health care plans or direct payment for medical services
Document Info Text Copies Additional Info
Introduced By: McCoy
Date of Introduction : January 13, 2010

History
Date Action Journal
January 26, 2010 Notice of hearing for February 03, 2010 365
January 19, 2010 Referred to Health and Human Services Committee 236
January 13, 2010 Referred to Reference Committee 203
January 13, 2010 Date of introduction 203
House votes:
Senate votes:
Federal reply:
State constitution: Article I:

Statement of rights.
CI-1 All persons are by nature free and independent,
and have certain inherent and inalienable rights; among these are
life, liberty, the pursuit of happiness, and the right to keep
and bear arms for security or defense of self, family, home, and
others, and for lawful common defense, hunting, recreational use,
and all other lawful purposes, and such rights shall not be
denied or infringed by the state or any subdivision thereof. To
secure these rights, and the protection of property, governments
are instituted among people, deriving their just powers from the
consent of the governed.

Slavery prohibited.
CI-2 There shall be neither slavery nor involuntary
servitude in this state, otherwise than for punishment of crime,
whereof the party shall have been duly convicted.

Due process of law.
CI-3 No person shall be deprived of life, liberty, or
property, without due process of law.

Religious freedom.
CI-4 All persons have a natural and indefeasible right
to worship Almighty God according to the dictates of their own
consciences. No person shall be compelled to attend, erect or
support any place of worship against his consent, and no
preference shall be given by law to any religious society, nor
shall any interference with the rights of conscience be
permitted. No religious test shall be required as a
qualification for office, nor shall any person be incompetent to
be a witness on account of his religious beliefs; but nothing
herein shall be construed to dispense with oaths and
affirmations. Religion, morality, and knowledge, however, being
essential to good government, it shall be the duty of the
Legislature to pass suitable laws to protect every religious
denomination in the peaceable enjoyment of its own mode of public
worship, and to encourage schools and the means of instruction.

Freedom of speech and press.
CI-5 Every person may freely speak, write and publish
on all subjects, being responsible for the abuse of that liberty;
and in all trials for libel, both civil and criminal, the truth
when published with good motives, and for justifiable ends, shall
be a sufficient defense.

Trial by jury.
CI-6 The right of trial by jury shall remain inviolate,
but the Legislature may authorize trial by a jury of a less
number than twelve in courts inferior to the District Court, and
may by general law authorize a verdict in civil cases in any
court by not less than five-sixths of the jury.

Search and seizure.
CI-7 The right of the people to be secure in their
persons, houses, papers, and effects against unreasonable
searches and seizures shall not be violated; and no warrant shall
issue but upon probable cause, supported by oath or affirmation,
and particularly describing the place to be searched, and the
person or thing to be seized.

Habeas corpus.
CI-8 The privilege of the writ of habeas corpus shall
not be suspended, unless, in case of rebellion or invasion, the
public safety requires it, and then only in such manner as shall
be prescribed by law.

Bail; fines; imprisonment; cruel and unusual punishment.
CI-9 All persons shall be bailable by sufficient
sureties, except for treason, sexual offenses involving
penetration by force or against the will of the victim, and
murder, where the proof is evident or the presumption great.
Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishment inflicted.

Presentment or indictment by grand jury; information.
CI-10 No person shall be held to answer for a criminal
offense, except in cases in which the punishment is by fine, or
imprisonment otherwise than in the penitentiary, in case of
impeachment, and in cases arising in the army and navy, or in the
militia when in actual service in time of war or public danger,
unless on a presentment or indictment of a grand jury; PROVIDED,
That the Legislature may by law provide for holding persons to
answer for criminal offenses on information of a public
prosecutor; and may by law, abolish, limit, change, amend, or
otherwise regulate the grand jury system.

Rights of Accused.
CI-11 In all criminal prosecutions the accused shall
have the right to appear and defend in person or by counsel, to
demand the nature and cause of accusation, and to have a copy
thereof; to meet the witnesses against him face to face; to have
process to compel the attendance of witnesses in his behalf; and
a speedy public trial by an impartial jury of the county or
district in which the offense is alleged to have been committed.

Evidence against self; double jeopardy.
CI-12 No person shall be compelled, in any criminal
case, to give evidence against himself, or be twice put in
jeopardy for the same offense.

Justice administered without delay; Legislature; authorization to
enforce mediation and arbitration.
CI-13. All courts shall be open, and every person, for
any injury done him or her in his or her lands, goods, person, or
reputation, shall have a remedy by due course of law and justice
administered without denial or delay, except that the Legislature
may provide for the enforcement of mediation, binding arbitration
agreements, and other forms of dispute resolution which are
entered into voluntarily and which are not revocable other than
upon such grounds as exist at law or in equity for the revocation
of any contract.

Treason.
CI-14 Treason against the state shall consist only in
levying war against the state, or in adhering to its enemies,
giving them aid and comfort. No person shall be convicted of
treason unless on the testimony of two witnesses to the same
overt act, or on confession in open court.

Penalties; corruption of blood; transporting out of state
prohibited.
CI-15 All penalties shall be proportioned to the nature
of the offense, and no conviction shall work corruption of blood
or forfeiture of estate; nor shall any person be transported out
of the state for any offense committed within the state.

Bill of attainder; retroactive laws; contracts; special
privileges.
CI-16 No bill of attainder, ex post facto law, or law
impairing the obligation of contracts, or making any irrevocable
grant of special privileges or immunities shall be passed.

Military subordinate.
CI-17 The military shall be in strict subordination to
the civil power.

Soldiers quarters.
CI-18 No soldier shall in time of peace be quartered in
any house without the consent of the owner; nor in time of war
except in the manner prescribed by law.

Right of peaceable assembly and to petition government.
CI-19 The right of the people peaceably to assemble to
consult for the common good, and to petition the government, or
any department thereof, shall never be abridged.

Imprisonment for debt prohibited; exception.
CI-20 No person shall be imprisoned for debt in any
civil action on mesne or final process, unless in cases of fraud.

Private property compensated for.
CI-21 The property of no person shall be taken or
damaged for public use without just compensation therefor.

Elections to be free.
CI-22 All elections shall be free; and there shall be
no hindrance or impediment to the right of a qualified voter to
exercise the elective franchise.

Capital cases; right of direct appeal; effect; other cases; right
of appeal.
CI-23 In all capital cases, appeal directly to the
Supreme Court shall be as a matter of right and shall operate as
a supersedeas to stay the execution of the sentence of death
until further order of the Supreme Court. In all other cases,
criminal or civil, an aggrieved party shall be entitled to one
appeal to the appellate court created pursuant to Article V,
section 1, of this Constitution or to the Supreme Court as may be
provided by law.

Rights of property; no discrimination; aliens.
CI-25 There shall be no discrimination between citizens
of the United States in respect to the acquisition, ownership,
possession, enjoyment or descent of property. The right of
aliens in respect to the acquisition, enjoyment and descent of
property may be regulated by law.

Powers retained by people.
CI-26 This enumeration of rights shall not be construed
to impair or deny others, retained by the people, and all powers
not herein delegated, remain with the people.

English language to be official.
CI-27 The English language is hereby declared to be the
official language of this state, and all official proceedings,
records and publications shall be in such language, and the
common school branches shall be taught in said language in
public, private, denominational and parochial schools.

Crime victims; rights enumerated; effect; Legislature; duties.
CI-28. (1) A victim of a crime, as shall be defined by
law, or his or her guardian or representative shall have: The
right to be informed of all criminal court proceedings; the right
to be present at trial unless the trial court finds sequestration
necessary for a fair trial for the defendant; and the right to be
informed of, be present at, and make an oral or written statement
at sentencing, parole, pardon, commutation, and conditional
release proceedings. This enumeration of certain rights for
crime victims shall not be construed to impair or deny others
provided by law or retained by crime victims.
(2) The Legislature shall provide by law for the
implementation of the rights granted in this section. There
shall be no remedies other than as specifically provided by the
Legislature for the enforcement of the rights granted by this
section.
(3) Nothing in this section shall constitute a basis
for error in favor of a defendant in any criminal proceeding, a
basis for providing standing to participate as a party to any
criminal proceeding, or a basis to contest the disposition of any
charge.


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