Senator resigns, legislation on drones, prisons and more introduced

Sen. Dan McKeon resigned from the Legislature Tuesday, just before his colleagues were to debate expelling him. And legislation was introduced dealing with subjects ranging from drones to chatbots, and prisons to power plants.

On Tuesday’s agenda was debate on what would have been the first-ever expulsion of a Nebraska state senator – Sen. Dan McKeon, who had been accused of sexually harassing a staff member. But before debate got underway, McKeon rose to speak. The second-year senator thanked his constituents from central Nebraska’s 41st District for electing him, then addressed his conduct.

“To my colleagues, I again offer my sincere apology my words and actions were careless, regardless of the intent. I accept my responsibility for the impact of my words and my actions. I regret the circumstances that have led to this process and moment,” McKeon said.

Then he announced his decision.

“With deep prayer and careful discernment, I have come to the decision that I am resigning my position at this time.”

McKeon’s announcement ended months of drama that had followed a staff member’s complaint that he made a sexual joke and touched her inappropriately at a party last May, allegations that he disputed.

Gov. Jim Pillen asked McKeon, a fellow Republican, to resign, but he vowed he would not. The Legislature’s Executive Board hired a lawyer to investigate, and then voted unanimously to recommend his expulsion, which would have required a two-thirds vote of the Legislature.

As late as Monday, his lawyer was still arguing for a lesser punishment. But Tuesday, McKeon urged his colleagues to look ahead.

“I leave with humility, reflection and sincere hope that my departure allows this legislator to move forward with unity, purpose and integrity,” he said.

It will now be up to the governor to appoint a replacement, which he said he would do Wednesday afternoon. Assuming Pillen appoints another Republican, it would maintain the partisan breakdown of the officially nonpartisan Unicameral at 33 Republicans, 15 Democrats and one independent.

After McKeon’s announcement, senators resumed the business of introducing new bills.

Sen. Eliot Bostar proposed (LB1020) updating laws restricting the use of drones and tracking devices, and prohibiting swatting. Bostar said existing state laws have not kept pace with technology, using drones as an example.

“It is currently illegal to operate a drone in, say, restricted airspace, but that's federally illegal, and so we don't have a state charge for that," he said. "So if we have local law enforcement, state law enforcement, working on an investigation, they actually don't have anything to pursue, and would rely on -- need to rely on -- federal law enforcement to come in and deal with those things."

Meanwhile, Sen. Terrell McKinney has introduced legislation (LB963) to require legislative approval before the state enters into any contracts to enforce federal immigration law. The bill says it would invalidate any contracts already entered into. That could include the contract the governor signed to convert the McCook Work Ethic Camp into an ICE detention facility, as well as an arrangement to have the state patrol enforce immigration law. McKinney said he wants to reassert power the state constitution gives to the Legislature.

“There is a separation of powers, and we do have a state constitution that acknowledges that the Legislature has oversight of penal institutions and that the governor can't just enter into contracts without us looking over it first. And I want to create that balance and get an understanding that there is a check and balance in a state, and it needs to be respected,” he said.

Sen. Dave Murman introduced legislation (LB939) to restrict the use of chatbots that appear to be human. Murman said he is particularly concerned about their effect on young people.

“With chat bots, there's a risk that kids will be overly influenced by something that's not even a human. Also, of course, there's a risk that they don't even realize that they're talking to a chat bot and not a human. So it has to be disclosed on the screen that it is AI,” he said.

That disclosure would have to be made every 30 minutes, and for minors under age 18, companies would be required to ensure that chatbots with human-like features are not available.

And Sen. Jared Storm introduced legislation (LB1026) that would prohibit electric power suppliers from shutting down generating facilities if any customers are still waiting for power. Storm said the state needs more electricity.

“There's a huge need in this state for energy, and (for) … economic development to bring people in, and it's going to raise people's rates up if we’re just closing down generation,” he said.

The bill contains exceptions so that power plants could be shut down if required by state or federal law, if they were mechanically unsafe, if they were damaged beyond repair by natural disaster, or if they were uneconomical to operate.

Bill introduction will continue for five more legislative days. Meanwhile, lawmakers on Wednesday will begin debating bills left over from last year.

More from the Unicameral:

Nebraska legislator accused of sexual misconduct resigns before expulsion vote

Legislature set to debate expelling Sen. Dan McKeon

Bill to permanently expand eligibility for child care subsidies sees bipartisan support in Nebraska legislature

Legislature begins session, sets hearing on expelling McKeon

Work permits for undocumented immigrants, penny-rounding rules proposed

Homebuyer subsidies, cannabis commission elections proposed