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Yahoo
23-05-2025
- Politics
- Yahoo
‘Public safety' package clears latest hurdle, offers changes but keeps lower detention age of 11
State Sen. Carolyn Bosn of Lincoln. May 19, 2023. (Zach Wendling/Nebraska Examiner). LINCOLN — A 'public safety' package on Thursday cleared a second lawmaking hurdle and retains what has been the most controversial element — lowering the minimum age at which a youth can be detained from 13 to 11. Before Legislative Bill 530 passed on a 35-9 vote, however, lawmakers approved smaller juvenile-justice related changes to address some concerns of certain lawmakers and nonprofits, said State Sen. Carolyn Bosn, chair of the Legislature's Judiciary Committee. Among modifications was a requirement that all temporary and alternative placement options be exhausted before a child age 11 or 12 would be detained in a facility, which critics say causes lasting trauma. Removed as a reason a youth could be detained was 'harm to self' language. 'We didn't want to create an illusion that we were detaining youth who might be going through a mental health crisis,' said Bosn. Also changed was the name of a new designation a court could bestow on certain youth offenders. Omaha State Sen. Ashlei Spivey had taken issue with the earlier proposed 'high-risk juvenile probationer' category, comparing it to a 'super predator' flag that would disproportionately harm youths of color. Amended language now refers to those youths as 'comprehensive supervision probationers.' In the end, Spivey was among nine 'no' votes, joining State Sen. Terrell McKinney of North Omaha, who was unsuccessful in garnering support for additional changes. For example, he wanted to limit which law enforcement levels are to receive a monthly list of 'comprehensive supervision probationers' generated by the Office of Probation Administration. McKinney proposed that the list be provided only to high-ranking officers, not those below the rank of captain. He said his concern was the 'rogue' law enforcement officers who can misuse such information to 'provoke' or unfairly target youths. He said that happens disproportionately in his district. McKinney noted during Thursday's debate that a teen was dead after being shot by a Douglas County sheriff's deputy that morning. The investigation is ongoing. 'I'm trying to make sure more lives don't get lost,' McKinney said. Bosn said that no one likely would be completely satisfied with the juvenile justice parts of the public safety package, but she called the results so far a 'showing of good will.' Spivey said that while some parts still give her 'heartburn,' she appreciated the process to try to reach a compromise on parts opponents said were overly punitive. Bosn, a former prosecutor, views the overall package as promoting public safety while also better re-directing juveniles who have veered into trouble. LB 530 includes an underlying bill introduced by State Sen. Kathleen Kauth of Omaha which aims to increase fines for speeding violations and to change the law to help 'vulnerable road users.' Segments of at least nine bills were folded into the megabill before the Legislature's Judiciary Committee moved it to the floor for full debate. Lawmakers advanced it 33-0 in the first round and now, after approval Thursday, it moves to final reading. Other components folded into the package: LB 6, introduced by Bosn and aimed at fentanyl poisoning, calls for enhanced penalties when the person using the controlled substance dies or sustains serious injury. LB 44, by McKinney, allows individuals to file for post-conviction relief up until the age of 21 if the conviction occurred as a minor. LB 124, by State Sen. Rick Holdcroft of Bellevue, would match a drunken driver's penalty for motor vehicle homicide of an unborn child to the penalty that drunken driver would get for motor vehicle homicide. LB 395, by State Sen. Barry DeKay of Niobrara, would allow police access to a sealed juvenile record when someone applies for a concealed handgun permit. LB 404, by State Sen. Robert Hallstrom of Syracuse, authorizes courts to extend a term of probation upon a joint application from the probation officer and the person on probation. LB 600, by State Sen. Wendy DeBoer of Omaha, authorizes the Department of Transportation to temporarily reduce speed limits on highways under specific conditions such as adverse weather or traffic congestion. LB 684, by State Sen. Eliot Bostar of Lincoln, was essentially gutted and replaced by a series of juvenile justice measures, including the lowering of the age at which a youth could be detained in a facility. That element, which sparked criticism from many during a public hearing, was originally part of a bill by Ralston State Sen. Merv Riepe. Bosn said the Judiciary Committee sees the measures as ways to 'improve accountability for juveniles and transparency for law enforcement.' Spivey said the detainment measures were among the package's most concerning, and that prevention and rehabilitation services are more effective when dealing with young people whose brains are still developing. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
09-04-2025
- Business
- Yahoo
Social media protections, student phone ban advance again in Nebraska Legislature
State Sen. Carolyn Bosn of Lincoln. April 8, 2025. (Zach Wendling/Nebraska Examiner) LINCOLN — State lawmakers are one debate away from adopting two bills backed by Nebraska Gov. Jim Pillen meant to increase online safety for minors and curb student phone use at school. Senators on Wednesday, by voice vote, advanced Legislative Bill 504, the 'Age-Appropriate Online Design Code Act' by State Sen. Carolyn Bosn of Lincoln. It would require online services to explicitly protect minor users and their personal information in the physical design of certain applications or websites, including social media. LB 504's goal is to tackle rising youth social media use and harms such as depression, anxiety, eating disorders, bullying, harassment, stalking, suicide and more. Bosn, a former deputy county attorney in Lancaster and Saunders Counties and a mother of four young children, said the online services covered under her bill profit off of users' data, including from screen time, clicks or purchases. She added that families know the importance of bills such as LB 504 and how difficult it is to stay ahead of an 'ever-changing online world.' The bill is about public safety, Bosn explained, comparable to car seats, toddler beds, training wheels, helmets and high chairs. 'We think about safety features in every other product we provide to our most vulnerable,' Bosn said. 'So why wouldn't we make every effort to make kids online safer?' Under LB 504, 'qualified online services' are those that: Conduct business in Nebraska. Determine the purposes and means of processing users' personal information. Have annual gross revenue over $25 million, adjusted every other year for inflation, at least 50% of which is derived from the sale or sharing of personal user data. Buy, receive, sell or share the personal information of 50,000 or more consumers, households or devices each year. Online services with 'actual knowledge' that fewer than 2% of users are minors (up to age 18) would be excluded from the act, as would federal, state, tribal or local governments for design features 'in the ordinary course of its operations.' Should Bosn's proposal conflict with one or more other laws, 'the law that affords the greatest protection from harm to minors shall control.' State Sens. Terrell McKinney and Margo Juarez, both of Omaha, both spoke in favor of Bosn's bill and said it was important to have guardrails in place for children. Juarez, a former school board member for Omaha Public Schools, said she imagined she would have appreciated the guidance if she had dealt with such social media influences when her children were younger. Children and teens using these online services would need to be treated differently online than adults, requiring easy-to-use and accessible tools, such as for parents up to their child's 13th birthday, to crack down on: Screen time. A minor being able to communicate with other users. Other individuals being able to see a minor's personal data. The operation of all design features, including to opt-out of any 'unnecessary' features. Personalized recommendations, allowing an opt-in for a chronological info stream rather than one based on user activity. In-game purchases or other transactions, placing limits or prohibiting such activity. The sharing of the precise geolocation of the minor and providing obvious notice of such tracking. Targeted advertising of minor users would also be prohibited on qualified online services. So would notifications or push alerts from such online services between 10 p.m. and 6 a.m. during the school year, and 8 a.m. to 4 p.m. on weekdays during the school year. Bosn's proposal also prohibits 'dark patterns' from being used on minors. These are user interfaces 'designed or manipulated with the effect of substantially subverting or impairing user autonomy, decision-making or choice.' This could include features that influence user choices often without the awareness of what they are consenting to, such as tracking or targeted ads. State Sen. George Dungan of Lincoln, as he did when the bill was first debated in February, said he had 'philosophical concerns' but also legal questions over whether LB 504's requirements would be constitutional under the First Amendment right of free speech. Dungan's largest concern was that the bill would require these settings to be default. He cited a recent case in California where a similar law was put on pause. 'I believe that in order to be compliant with the First Amendment, it is important that we not curate the speech that is being made by these private actors,' Dungan said. Bosn said requiring the default settings would add some 'teeth' to the law. State Sen. John Cavanaugh of Omaha, noting he has four children almost the same age as Bosn's, said he appreciated the changes that Bosn made for the second-round debate as a 'step in the right direction.' Cavanaugh said that while he shared concerns about social media and taking action, he was concerned about 'injecting the government from a top-down approach.' 'I think there are concerns people raise [that] young people should be entitled to some level of their own privacy about their thoughts and things like that,' he said. 'I don't know where you draw that line.' Bosn said she made multiple changes after talking with opponents, but that while she tried multiple times to work with Dungan and Cavanaugh, they hadn't engaged. She criticized the duo, who are both attorneys, for saying they agreed with the premise but in effect saying, 'We're just not there yet.' She called that 'a little disingenuous.' 'Maybe you should sit this one out,' Bosn said. 'Either have the courage to come and say, 'These are the changes we want made,' … or don't bother.' Bosn said one senator who previously raised concerns, State Sen. Danielle Conrad of Lincoln, worked on the bill before Bosn filed an amended version about one week ago. 'If you're not going to read it and you're not going to come and talk with me about your concerns, please don't stand here and patronize me and say, 'I really support your efforts,'' Bosn said. Bosn said she had removed a main provision of her bill similar to an issue raised in the California case, even though she said she disagreed with those concerns. That language would have required qualified online services to implement features to prevent compulsive usage, severe psychological harm (including anxiety and depression), severe emotional distress, 'highly offensive intrusions on reasonable privacy expectations,' identity theft, discrimination or other injuries. The amended bill would also no longer require online services to treat all users as a minor without until it is known that the user is not one. Online services would also not be required to issue an annual compliance report. Dungan said he had to 'respectfully dispute' that the Nebraska and California proposals were substantively different and apologized if his concerns had come off as patronizing. 'It still addresses the same underlying issue, which is that it seeks to regulate speech in a way that is overly broad,' Dungan said. Dungan said he thought the bill was a 'good idea, but, unfortunately, we do have to adhere to the rules of the Constitution.' An effort by Dungan to remove the 'default settings' language from Bosn's bill failed 26-10 against his amendment. Bosn's amendments to her bill were approved 45-0. LB 504 is one of four proposals backed by Pillen and Nebraska Attorney General Mike Hilgers this spring that addresses online safety for minors. A second bill, advanced Tuesday by voice vote to a third and final round of debate, LB 140 by State Sen. Rita Sanders of Bellevue, would require each of the state's 245 public school districts to prohibit student use of personal electronic devices, such as cellphones, on school grounds or at a 'school instructional function,' like a field trip. Most school districts already have such policies, and districts would retain wide latitude in approving the places and times when such devices could be used. The other bills are LB 383, from State Sen. Tanya Storer of Whitman, and LB 172, from State Sen. Brian Hardin of Gering. Storer's 'Parental Rights in Social Media Act' advanced 6-1 from the Bosn-chaired Judiciary Committee, with LB 172 amended in. LB 383 would prohibit anyone from creating social media accounts without first verifying their age after Jan. 1. One method of age verification could be a digital ID card. Minors (up to age 18) could not create an account without clear parental consent. Hardin's LB 172 would update existing state laws against child sexual abuse material to outlaw computer-generated images of child pornography. Storer has designated LB 383 as her 2025 priority bill. It is scheduled to begin debate Wednesday. Bosn's LB 504 would take effect Jan. 1 if passed. Civil violations could be enforced by the Nebraska AG's Office, up to $50,000 for each violation. The bill would include funding for a new assistant attorney general, or about $150,000 each full fiscal year. Companies would have a six-month 'grace period' to comply with the act, or until July 1, 2026. Bosn said 'red flags' over youth online activity have been flying from educators, medical professionals, law enforcement, judges, parents, grandparents, guardians and children who she said were acknowledging problems and asking for help. Bipartisan groups of lawmakers nationwide have been doing just that, Bosn added. 'This is the time to stand up for our kids,' Bosn said. 'This bill is a common sense opportunity for this body to demonstrate the political will to protect Nebraska children online.' Nebraska Examiner senior reporter Cindy Gonzalez contributed to this report. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
