The Lincoln Star from Lincoln, Nebraska • 4

Pago 4 Lincoln Joumal-Star Saturday, February 8, 1992 '3 Crowd overfills hearing 'Silly' law makes on savings payback bill father criminal In 1990. the Legislature passed a The Legislature's Appropriations a parents. "Legally, she is under the age of 14 and is employed I can understand it doesnt sound like a big deal in this case, but the law doesn't give us any leeway," said Richard Ranallo, state labor law specialist -fifi Committee had an overflow crowd Friday at a hearing on a bill to create a special fund to settle a tort claim filed on behalf of people who lost money in 1983 failure of Commonwealth Savings and State Security Savings. 5 Attorney John DeCamp, representing the depositors, said the state has a record of liability for the collapse of the two institutions and the subsequent loss of funds under a state-created receivership. DeCamp has filed a $100 million tort claim against the state, which he said depositors are pursuing in the courts.

However, it would be cheaper for the state to admit liability and settle for a lesser amount, he told the committee. bill to pay back $33.8 milion to depositors at the failed institutions, including American Savings of Omaha. However the state Supreme Court ruled that bill unconstitutional "We believe the only legal avenue for reimbursement from the state coffers in the tort claims process," DeCamp said. The bill, LB1288, introduced by Sen. Loran Schmit of Bell-wood, would be a "shell" for the payment under an eventual settlement, he said.

He urged senators "to look at the tort claim from the perspective of making a reasonable' settlement that certainly is something that you have the power to make." The committee took no action on the proposal Friday. The law doesn't give us any leeway. Richard Ranallo 11- i iM-' 2 VS. i H'Child labor bill would let daughter, 6, work at dad's firm; By Robynn Tysver Lincoln Joumal-Star MILLIGAN Every day after school, 6-year-old Tara Oliva trots to her small insurance company to take out the garbage and do the mail She gets SO cents a day and, in return, her father gets to testify at a legislative committee hearing on why he shouldn't be branded a criminal. Under state law, children under the age of 14 cannot work, even in their parents' business, unless they receive approval from the school district and the Department of Education or if they fall under certain exemptions such as.

newspaper carriers, golf caddies and farm laborers. Scott Oliva, who co-owns an insurance company in Milligan, discovered the! law while obtaining workers compensation insurance for a client who intended to employ her children. It's just a silly law," he said. He contacted the state Department of Labor and said he was told it was not a big deal but "if a violation came to their attention, they would be forced to take action. At this point, I buttoned my lip, as I was, up to then, unknowingly a Oliva testified Monday at a Legislative committee hearing.

A SPOKESMAN with the Labor Department, who was told about the Oliva case, indicated that Tara's work constituted a violation because it was done in a business environment and there was a "contractual relationship" between the daughter and her i Legislature advances bill to make owners of dogs liable for injuries The Legislature cave first-round Robynn TvsverLlncoln JournoJ-Stor At the prodding of Oliva, Sen. George Coordsen of Hebron has introduced legislation that would exempt children from working in family-owned businesses. So far, it has not attracted any opposition and has advanced out of the committee. The law has rarely been questioned over the years and has not caused any real problems, Ranallo said. "We've had parents call and get very upset at it but again, we don't have any leeway," he said.

In the 18 years that Ranallo has worked at the department, there has been no penalties assessed against a parent OLIVA SAID he asked Coordsen to check into the matter not because he feared being penalized but because he wanted to set the record straight "There's been a stricter enforcement in the labor law and I think something should be changed before someone does get into trouble," Oliva said. He said he agrees with the general intent of the child labor laws but feels parents should be treated as unique employers who have a personal inter- broke her pelvis. Because the accident did not create a wound, the case was thrown out by Dawson County District Judge John Murphy. Murphy cited a 1975 state Supreme Court decision which interpreted "wound" to mean an "external injury," but not a broken bone. According to legislative researchers, the dog liability law was written in 1877 and originally dealt only with sheep and other domestic animals.

The language was expanded in 1947 to cover people. approval Friday to a bill that would make dog owners liable for injuries caused by their pets. Under the current law, which dates from 1877, dog owners are liable for damages caused by their canines "killing, wounding, worrying or chasing any person or any sheep or other domestic animals." Sen. Ed Schrock of Elm Creek said he introduced the bill LB101L after an 89-year-old woman in Gothenburg was knocked down by a dog and Scott Oliva's hiring of daughter, est in their child's welfare. "What's the difference between Tara helping out here and helping at -home?" he asked.

The State Labor Department has taken no official position on the bilL Fourteen- and 15-year-olds require employment certificates from their school district to work. Teen-agers 16 and up are not subject to state child labor laws. Federal law allows a minor to work for hisher parents. LB876 would simply be brought into line with federal standards. Federal and state child labor laws Tara, violates state law.

differ in many regards. On the whole, federal law is stricter, Ranallo said. For example, under federal law, minors under 16 can work only three hours a day and no more than 18 hours a week during the school year. Under state law, minors under 16 can work eight hours a day and 48 hours a week. Generally speaking, a business is subject to federal child labor laws if they gross over $500,000 annually, belong to a group of companies or conduct business in "interstate commerce," Ranallo said.

BEEF UP YOUR BANK ACCOUNT BY ENTERING I would prohibit guns on school property YOUR FAVORITE BEEF RECIPE TODAYI NEBRASKA For More Information And Rules: 1992 Nebraska Beef Cook-Off Nebraska Beef Council 2620 Highway 30 East BKF Kearney, NE 68847-9763 1-800-421-5326 Schools, the state School Boards Association and the Nebraska Association of School Administrators. Roberts said members of drug-related gangs or "wannabees" sometimes come to school with guns to impress other students. Also "some kids will bring a firearm to school to project a macho image," he said. The committee took no action on the bill Friday. Ashford asked the committee to study several gun-safety measures he has proposed, which he plans to introduce as a legislative package next year.

with nobody's going to enforce." -f Ashford said the law is needed to combat a nationwide problem that is hitting Omaha and some other cities. According to national surveys, 5 percent of U.S. students carry guns to school, Ashford said. In answer to the critics, Ashford introduced an amendment to permit the use of guns in legitimate school activities and in parents' cars. Speaking in favor of LB1039 at Friday's hearing before the Judiciary Committee were Larry Roberts, deputy chief of police in Omaha, and representatives of Omaha Public tional Rifle Association, said the bin could eliminate legitimate activities such as ROTC classes, school gun clubs, and firearm safety classes.

It Could even threaten parents who drive to school to pick up their children, with a gun in their car, he said. "In our part of the world, almost everybody has a rifle in their pickup rack," said James Carlson of Carle-ton. He predicted that police would shy away from enforcing the law because it could violate the rights of citizens to bear arms. He described it as "another feelgood law that nobody's going to mess "A -bill by Sen. Brad Ashford of Omaha to prohibit guns in schools or onr school property drew opposition Friday from gun enthusiasts and hunters.

The bill, LB1039, would make it a Class IV felony, punishable by a fine of-up to $10,000 and a maximum of five years in prison, to possess a gun on the premises of a school or youth center. 'JA "second or subsequent violation would be a Class III felony, punish-; able by a fine of up to $10,000 and a maximum of 20 years in prison. Jbjm Lenzi, lobbyist for the Na-; Address. State. City.

Zip. Phone. I Entry must be postmarked by March 1. 1992 Goal of Tecumseh lawmaker's LB1257: hfalve waste flow to landfills by 2000 Fn'm The Associated Press i The comprehensive plan, known as the Integrated Solid Waste Management Act, would combine waste-reduction programs with other disposal methods, putting recycling and composting at the top of the list. Landfills are a third-priority option for dealing with the trash, followed by The bill also lists items to be taken off the trash heap: yard waste, hazardous household and commercial waste, waste tires, waste oil, lead-acid batteries and discarded household appliances.

Those items would be given priority in waste-reduction programs. Toward that end, the bill would impose a statewide landfill ban on yard waste, lead-acid batteries and waste oil. The bill sets a Sept. 1 deadline for that ban, but Morrissey has proposed an amended date of Sept 1, 1991 Bans on the other materials would take effect in the following years. The bill sets goals for the state for reducing garbage: 25 percent by 1994, 40 percent by 1997 and 50 percent by the year 2000.

Dave Sands of the Audubon Society said, "We may not be close to the finish line, but with this bill, well get there a whole lot faster." Responsibility for carrying out the provisions of the bill lies with cities and counties. The bill would require them to file a statement of intent with the Department of Environmental Control by Oct 1, and a plan by the following October. Morrissey's amendments also would extend that date. Officials from cities and counties across Nebraska told the committee they favored the bilL "I'd rather see the state of Nebraska regulate this than the federal government. At least we can come down here and talk to you guys," said Aurora Mayor Kenneth Harter.

Ft State lawmakers Friday considered a comprehensive solid-waste bill that would move Nebraska toward cutting its garbage in half by the year 2000 -Twenty-one people testified in favor of the bill (LB1257), sponsored by Sen. Spencer Morrissey of Tecumseh; 'at hearing by the Legislature's Natural Resources Committee. No one opposed the bilL 7'You have to pass this bilL We need it-now," said St Paul Mayor Marion Bahensky. 'Morrissey said the bill would give cities and counties the tools they need to comply with federal environmental guidelines, along with options for fi- nancing the changes. 'People want help.

They want to go afiead," said Bohensky, adding that her community has joined with several others to study waste-management issues. if ft Voters to decide liquor license authority What better way to express your feelings this 5V Nebraska voters will decide whether to amend the state constitution to make it clear that cities and counties have authority to grant or revoke liquor licenses. 30n a 34-7 vote Friday, the state -Legislature approved a resolution to place the proposed amendment on the November election ballot to Joel Pedersen, assist--ant city attorney for the city of Lincoln, the amendment would bolster the position of Lincoln and most other Nebraska municipalities, which want to retain local control of liquor licenses. Several cases are pending before the state Supreme Court to test a 1989 law giving counties and municipalities local control. A case filed by Gas N' Shop in 1990 challenging the Lincoln City Council's denial of an off-sale license was rejected by the high court.

The state Supreme Court ruled a 1988 local-control liquor provision unconstitutional, which prompted the passage of LB781 in 1989. "The Legislature by passing this is saying they are serious in their intent to keep liquor license approval at the local level," Pedersen said. They're saying this is an issue that Nebraska voters want; let's put it on the ballot and make that clear." Pedersen compared the proposal to the 21st Amendment to the U.S. Constitution, which leaves it up to states to regulate consumption and sale of alcohol. Senators voting against placing the amendment before voters were Speaker Dennis Baack of Kimball, David Bernard-Stevens of North Platte, Gerald Conway of Wayne, Scott Moore of Seward, Jennie Robak of Columbus, Loran Schmit of Bell-wood and Eric Will of Omaha.

valentine uay? come see our collection of fine jewelry at surprisingly affordable prices. Gold Hoop Earrings Retail Price $125.00 Now at Borsheim's $75.00 Cold Heart Ear Charms Retail Price $30.00 Now at Borsheim's $20.00 Blue Topaz Charmer Retail Price $50.00 Now at Borsheim's $30.00 PearlGold Bracelet RetaU Price $195.00 Now at Borsheim's $95.00 30" Fresh Water Pearls Retail Price $40.00 Now at Borsheim's $20.00 8mm Pearl Studs Retail Price $195.00 Now at Borsheim's $75.00 Ruby Diamond Ring Retail Price $195.00. Now at Borsheim's $85.00 Legislative Calendar Anniversary Ring Retail Price $650.00 Now at Borsheim's $295.00 PrMW, Fto. 1, 22nd ItaliMlvt day, eonvttwd :30 o.m., edlauriMd 12:02 to 9 a.m. Man- LBAM Telefaxed Documents.

LB7S7 Condominiums. 'i LB710 Professional Corporations. LB47I-Electricians. LB272 Research and Development Authority. 'inmmu LB39S Open Meeting Law.

LB52J Sex Offenders. LB4S1 Judges Retirement. COMMITTIB ACTION (as reported to me Clerk of the Legislature) BORSHEIM'S LBV7t Coord. Comm. tor Pott.

Educ LBW7 Traniferi to Minora. LBMf Manufactured Hornet. LB92I Handicapped Parkin. LB933 Disabled Persons. LBW0 Commlulon Form of Government, LB9SI State worrents.

LB1004 Distribution Tax. LB9CS Determination of Death. LBW1 Corn Development. LB 1011 Dos Owners Liability. LB1115 Municipal Audits.

LBM- Credit Unions. LB9S5 Savings and Loans Assoclatlont. LBI77 Elevator Inspections. LBI7I Employment Security. LBI7 Employment Security.

LBt Testacy Proceedings. LB 1000 Minor without Conservators. LB34 Retirement Systems. LBe Legislative Committees. LB7W Federal Trade Commission.

Highlights Atfvuncxl: TM LMltlatur dtetdtd to put a propowd constitutional amtndnwnt (LR9CAI on tho November ballot to lot votori decide whether cltle and count le thou Id hove more power In arantlno liquor llceneet. -lawmaker! potted a bill (LB3I) to make aorlcultural tocletlet and talr board comply with the open meotlno taw. The Leoltlotur opproved bill (LB513) that Improve! treatment of convicted mx offenders durlno their Imprisonment and better tuporvl' don ond after core. Other Actions FLOOR ACTION: Pint round approval to! Community Fine Jewelry Gifts Since 1870 LBMI Legislative Program Evaluation. Oeneral Affairs passed: LB11J0-State Lottery.

LB1H1 Gambling. LB11J7 Pickle Cards. Legislative Information In Lincoln coll 471-27W for legislative Information; from outside Lincoln call S00-742-74M. 120 Regency ParkwayOmaha (402)391-0400 800-642-G1FT HOWS: Mon. Thurs.

10-8 Wed. Fri. 10-6 Sat. LB17S County Highway ond City Street i.