HOSPITALIZATIONS IN NEBRASKA PEAKING AGAIN AS CORONAVIRUS OUTBREAKS SPREAD

OMAHA- Hospitalizations due to COVID-19 is approaching its highest point. The majority of the increase is coming from Omaha and Lincoln after students returned to the state's universities for the semester. Nebraska also loosened public health restrictions around Labor Day Weekend, which is a factor. 

This past week 231 Nebraskans were hospitalized, this is just one less case than the peak of hospitalizations on May 27. 26 of those hospitalized last week died, the total number of deaths is now at 468. 80% of the patients are 55 and older and three patients are 19 or younger. Metropolitan Omaha's daily hospitalization count has grown by 28 people per day since early September, Lancaster County's daily total is up by 31. 

Dr. Mark Rupp, chief of infectious diseases at UNMC says this peak comes at a bad time and many ICU's do not have capacity to handle another surge. As hospitals have returned to allowing elective procedures, there is just not enough staff or room to house this many COVID hospitalizations. Nebraskan hospitals have enough ventilators, but not enough beds. 

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MOLSON COORS FORMS JOINT VENTURE TO BREW AND SELL YUENGLING BEERS

Molson Coors Beverage Co. and D.G. Yuengling & Son Inc. have created a partnership to make Yuengling beer available beyond the East Coast. Yuengling is the sixth-largest brewery in the U.S. with their beers being available in 22 states. This partnership will allow Molson to cover the expansion that is expected to launch in the second half of next year. 

Molson Coors' research shows that Yuengling is in demand across the entire nation. Both companies believe it is a great opportunity for growth for both parties. Yuengling will remain in control of its existing business, with U.S. sales being around $1.6 billion in 2019.  Last year, Molson moved away from mainstream lagers to appeal to younger adult drinkers with low-carb beers, hard seltzers, wine and spirits. The pandemic has allowed U.S. retail store sales to increase mostly with big brands such as Miller Lite and Coors Light. 

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SCATTER JOY ACRES GETS SEIZED ANIMALS BACK, AND NO CHARGES WILL BE FILED

OMAHA- All citations against Scatter Joy Acres have been dropped and the animals seized by the Nebraska Humane Society have been returned to the premises. Matt Kuhse, Omaha City Prosecutor said Scatter Joy is a zoo and thus meets the exception in the city ordinance that allows them to house their animals. 

Scatter Joy has all necessary permits through the U.S. Department of Agriculture and Nebraska Game and Parks Commission. 

The animals taken on Aug. 24 are a porcupine, seven Patagonian cavies (which look like jackrabbits and are native to Argentina) and a coatimundi (a mammal that looks like a cross between a cat and a raccoon and is native to the Americas). Kuhse said any disputes that remain would be considered regulatory and would be handled through the permits that Scatter Joy has received from the U.S. Department of Agriculture and the Nebraska Game and Parks Commission.

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OPPD ANNOUNCES SITES FOR TWO BACKUP NATURAL GAS PLANTS

OMAHA-  OPPD announces the locations of two natural gas peaking plants will be built in the Omaha area. These plants are backup for the solar facilities and will only be used when needed. This is part of OPPD's plan to be carbon neutral by 2050. One plant will be in Papillion on 168th Street and Fairview Road and the other will be in Omaha at 120th street and Military Road. 

No location has been disclosed for the solar farm planned with the Power with Purpose protect. The project is one of the largest energy investments in the Midwest. 

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OPS LEADERS WANT STATE TO RUN PENSION SYSTEM; TRUSTEES, RETIREES GROUP OPPOSED

OMAHA- Omaha Public School's Superintendent Cheryl Logan has decided to stop running a pension system. A proposal that would transfer administration of the OPS' pension fund to the state has been backed by the board as well as Logan. This would not relieve the system's $848 million shortfall that remains a financial obligation of OPS and taxpayers. 

Nebraska officials already took over management of investments of the Omaha School Employees Retirement System. Logan believes having the state take over the pension is the next logical step. The opposition to this appeal comes from the organization representing retired teachers in the district as well as the pension's current board of trustees which would ultimately be dissolved. Opponents wonder if the change would actually create any savings.  The OPS board voted 7-0 to endorse the proposal, but the OSERS trustees voted 4-3 to oppose it. 

Senator Kolterman has been working with OPS to improve this situation. He sought a study to find whether there would be economies of scale to have the retirement system to take over administration of OPS pensions. The study revealed there would be savings of around $250,000 a year to have NPERS take over for OSERS. Logan believes the transition costs would be worth the savings down the road. 

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FORMER STATE SENATOR VRTISKA LEAVES A LEGACY OF PUBLIC SERVICE

LINCOLN- Floyd Vrtiska passed away Tuesday at age 92. He served as a state senator for District 1 for 12 years and as a Pawnee County commissioner. He was the mayor of his hometown of Table Rock. Vrtiska worked to improve Peru State College by creating a grant program for economic and community development in rural Nebraska and helped get the Tecumseh State Correction Institution running. He was also a longtime chief of Table Rock's fire department and was a lifetime farmer. 

His daughter, Terri, said he loved his legislative district and attended every event in Table Rock whether it was a dinner or a funeral. He was always volunteering to help anyone.  The Nebraska State Historical Society appointed him to their board in 2005 and was given a distinguished service award by Peru State in 2018. 

Floyd Vrtiska was born during the Great Depression and grew up as a farmer in Southeast Nebraska. He had three children and five grandchildren. 

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SUPREME COURT REVERSES LINCOLN JUDGE'S DECISION ON HORSE RACE FUNDS LAWSUITS

LINCOLN- The Nebraska Supreme Court handed down a decision reversing a Lincoln judge's ruling that the state's Racing Commission exceeded its authority in 2018 by ordering tracks in Lincoln and Omaha to turn over funds they collect to the Nebraska Thoroughbred Breeders Association. 

Justice Jeffrey Funke said the district court did not have jurisdiction to hear the case because there was not a notice given within 30 days of the lawsuit. 

A state statute requires licensed horse tracks to deduct a certain amount from wagers to promote horse breeding then distribute the funds as breeder and stallion awards at races. Nebraska's law is flawed as it does not spell out who should manage the funds. The dispute arose in 2017 when HBPA suspended distribution of funds because Fonner Park did not contribute its share. In the vote, the Racing Commission concluded that the breeders association was the entity that should hold the funds because it matches the goal of collecting the breeding funds. This decision was revered in 2018 because there was no authority to require another entity to be custodian of the funds. 

Justice Jonathan Papik offered a concurring a opinion that the court lacked jurisdiction. 

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FISCHER INDICATES SHE SUPPORTS QUICKLY FILLING GINSBURG'S SUPREME COURT SEAT

WASHINGTON- Sen. Deb Fischer supports President Trump quickly filling the vacant Supreme Court seat. In 2016, Fischer supported the blocking of President Obama's nominee because it was an election year. President Trump plans to announce his nominee by Saturday before Justice Ruth Bader Ginsburg's burial at Arlington National Cemetery next week. Senate Republicans plan to move quickly to get the nominee confirmed before the Nov. 3 election. 

“Since 1796 during election years of unified government between the Senate and the president, there have been 17 successful Supreme Court confirmations,” Fischer said in a statement. “Accordingly, voting on President Trump’s nominee is what the people who elected him in 2016, along with an enhanced Senate majority in both 2016 and 2018, expect us to do. It is also what Democrat leaders have said they would do if they were in our position.”

Nebraska Democratic Party Chair issued a statement calling Sen. Ben Sasse and Fischer President Trump's 'puppets'. Fischer said, "For politicians to say one thing at one time and change it another-- not going to work."

During the 2016 debate, Fischer wrote to a constituent outlining why she supported blocking the Garland nomination. “It has not been the practice of the Senate to fill a Supreme Court vacancy that arises during an election year.

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SEN. SASSE BLASTS CRITICISM OF JUDGE THOUGHT TO BE SCOTUS FRONT-RUNNER

WASHINGTON- Judge Amy Coney Barrett is at the top of President Trump's list for nominees for the Supreme Court of the United States following the death of the Hon. Ruth Bader-Ginsburg. The rumored sport on the short list does not come without speculation and a great deal of criticism for Judge Barrett, who  has garnered criticism for her involvement in a Catholic group called People of Praise.

“These ugly smears against Judge Barrett are a combination of anti-Catholic bigotry and QAnon-level stupidity," said Sen. Sasse in a statement on Tuesday. "People of Praise is basically a Bible study — and just like billions of Christians around the world, Judge Barrett reads the Bible, prays, and tries to serve her community. Senators should condemn this wacky McCarthyism.”

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HHS MOVES YOUTH TREATMENT PROGRAM FROM HASTINGS; LAWMAKER SAYS THAT VIOLATES 'INTENT OF THE LAW'

LINCOLN- State officials are proceeding with plans to move the Hastings Juvenile Chemical Dependency Program out of Hastings. The program will move to a state facility in Lincoln and will continue to treat male juvenile offenders for substance use disorder. This move is the first step in a multi-pronged plan to improve state juvenile offender programs. 

State Sen. Steve Halloran of Hastings says the decision ignores the Legislature's concerns. He is very concerned about the near 100 workers the Hastings facility employs. The employees have the option to move to the Lincoln facility or move into other jobs within the department.

There are eight teenagers in the program and they will be housed in northeast Lincoln on the Whitehall campus.  The plan calls for putting the state's female juvenile offenders in Hastings once the boys moved out. New buildings have been constructed for the program, but have not yet been put to use. They would be moving from the YRTCs in Kearney so that the Kearney campus will return to being an all-male center. the YRTC in Geneva will be shutdown. 

The new YRTC Special Oversight Committee, Chaired by Senator John Arch of Papillion expects that lawmakers will talk with DHHS about the plans for the Hastings program.  

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STATE REVIEW CITES HIGH CASELOADS, TURNOVER FOR OMAHA-AREA CHILD WELFARE MANAGER

LINCOLN- Omaha-area child welfare cases continue to burden case managers with the private contractor that oversees these cases. A state review found that this burden has caused St. Francis Ministries to fall short on key performance measures. State child welfare officials are now requiring the nonprofit to submit an action plan on how they will meet state standards within 90 days. 

The agency is working to address the areas of concern but has also met many of the measures for child well-being according to Jodie Austin, regional Vice President for St. Francis. The organizations holds an almost $200 million, five-year contract with the state to manage cases of child abuse in Douglas and Sarpy counties. 

Caseloads remain higher than what is allowed by state law with the majority of caseworkers having loads above the legal limit. Worker turnover was at 42% in May. The agency has not met the goal of placing 58.5% of children with relatives. St. Francis did successfully establish triage foster homes to take children on short notice for overnight stays. 

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SENIOR DISTRICT JUDGE DESCRIBED AS 'GINSBURG OF THE NEBRASKA LEGAL COMMUNITY' DIES UNEXPECTEDLY

LINCOLN- longtime federal court judge, described as a pioneer and advocate of women's rights and the "Ruth Bader Ginsburg of the Nebraska legal community," died unexpectedly and peacefully at her home overnight, Nebraska's chief district judge said. 

"The entire federal court family is devastated by the sudden and unexpected loss of Senior Judge Laurie Smith Camp," Judge John M. Gerrard said Thursday.

In 2001, she was appointed to the District Court by then-President George W. Bush and confirmed by a unanimous vote of the Senate. She was the first woman appointed as a U.S. district judge in Nebraska. Smith Camp transitioned to senior status in December 2018, but continued to carry an active caseload.

"Her legacy is profound, and her historical mark on Nebraska's federal court is permanent," Gerrard said.

Smith Camp was 66.

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'LEGAL MARIJUANA NOW' PARTY TURNS IN SIGNATURES FOR OFFICIAL RECOGNITION IN NEBRASKA

LINCOLN- Mark Elworth Jr. has been working on forming a party in Nebraska to support marijuana legalization for a long time — six years, to be exact. Now, he thinks he's gathered enough signatures to make the Legal Marijuana Now Party official. This week Elworth turned in 15,000 signatures, more than the needed 6,800, that he and other volunteers collected over a number of years. Since the party can't have ballot access this year, his focus in turning in the signatures now is to keep young people from leaving the state, he said. He sees all over social media, he said, that they are disgusted with Nebraska politics and are talking about leaving the state because of those politics. 

When asked if the Legal Marijuana Now party is about just one issue, Elworth said: "We're marijuana smokers. You can imagine what we're about. We're really about the lifestyle. Not just marijuana. We're a whole culture that is not represented, really, by anybody." 

The party started in Minnesota more than 30 years ago to oppose drug prohibition as an offshoot of the Grassroots Party. 

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DON WALTON: JUDGESHIP TESTS WHETHER THERE IS HONOR IN D.C.

WASHINGTON- Should the Senate confirm a new U.S. Supreme Court justice to succeed Justice Ruth Bader Ginsburg this late in the presidential election year? President Barack Obama was denied a nomination of a Supreme Court justice following the death of Justice Antonin Scalia nine months before the election. Sen. Mitch McConnel did not allow a hearing, let alone a vote four years ago. Now, he is steamrolling ahead to try to get a nomination for President Trump. 

Walton says this would have been a moment best suited for John McCain. Both sides are looking out for their very partisan political interests, especially this far into an election year. 

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TRUMP, BIDEN HIT CAMPAIGN TRAIL IN MORE CONVENTIONAL SPARRING

WASHINGTON- President Trump and Democratic nominee Joe Biden are both beginning to ramp up campaigning after a summer of White House events for the President. Vice President Biden spent the majority of the summer at his home in Wilmington, Del. Biden leads the majority of polls, but the president remains within close distance. 

The candidates are using very different strategies for campaigning during a pandemic. President Trump has mostly held large rallies with closely packed supporters and no masks. Biden on the other hand has mostly held intimate and socially distanced gatherings with a mask requirement to attend. 

Campaigning still looks very different than normal, however there seems to be some resemblance of normalcy on the trail. The candidates are beginning to be much more engaged with each other. Most recently conversing about the wildfires and the coronavirus vaccine process. Both candidates held town halls this past week. The president also held an event mostly geared towards Latinos in Arizona. Biden focused on the nation's tax system among working class Americans in Duluth, Minnesota. 

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CORONAVIRUS MAKES HEALTH CARE AN EVEN BIGGER ISSUE IN RACE BETWEEN BACON, EASTMAN

WASHINGTON- The pandemic has cost millions of Americans their employer-provided insurance which puts an even brighter spotlight on health care policy in this year's election. The Affordable Care Act remains in effect but that does not cover anyone, making it a key issue for everyone running for office this November. 

In Nebraska's 2nd Congressional District, Rep. Don Bacon and Kara Eastman's main issue is over health care policy. Eastman says Bacon voted to repeal protections for those with preexisting conditions and supported Republican proposals to repeal the ACA. Bacon says Eastman is stripping people of health insurance with the 'Medicare for All' approach. Both candidates agree that the current system is flawed and has hurt many Nebraskan families. 

Eastman supports HR1384, which "would establish a national health insurance program to cover all Americans for a wide range of benefits with no deductibles or copayments." Private health insurers would only be allowed to offer supplemental coverage. She noted that COVID-19 will now represent a preexisting condition for million of Americans. Eastman says she would never do anything to take away health care, however Bacon believes with her plan, even if a person likes their health care, they will lose it. 

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JILL BIDEN, DOUG EMHOFF TO VISIT 2ND CONGRESSIONAL DISTRICT AS NEW POLL SHOWS TIGHT PRESIDENTIAL, HOUSE RACE

OMAHA- Omaha is a key district to win for multiple races, including the presidential election. This week, the spouses of Joe Biden and Kamala Harris will be visiting the 2nd Congressional District of Omaha. The visit of Dr. Jill Biden and Doug Emhoff follows a month of visits by members of President Trump's campaign. 

Political observers say the single electoral vote the district gives could decide the race. Biden plans to compete for Omaha's 'blue-dot' that he and President Obama won in 2008. Mitt Romney and President Trump won this district in 2012 and 2016. Trump defeated Clinton by just 2 percentage points in this district. As of now, Biden leads trump by 6% in the 2nd District according to a poll by the House Majority PAC. The same poll shows Rep. Don Bacon and Kara Eastman practically tied. Bacon was leading Eastman by 5% in July.

Nebraska and Maine are the only states which award a single electoral vote to the winner of the popular vote in each congressional district. Nebraska awards two electoral votes to the statewide winner, which is projected to be Trump.

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ATTACK ADS IN DISTRICT 49 RACE USE PHOTO OF A CAMPAIGN VOLUNTEER INSTEAD OF CANDIDATE.

LINCOLN- Sarpy County voters received a campaign flyer from Senator Andrew La Grone last week that was supposed to paint his challenger Jen Day as 'too extreme' for the Nebraska Legislature. However, there was a blaring error. The picture used was not a picture of Day and was actually a picture of a volunteer on Day's campaign taken from her Facebook page. 

Brooklynne Rosado says having her picture plastered on the ad was humiliating and the message did not represent her or who Jen Day is as a candidate. La Grone says the mistake was 'inadvertent and unfortunate'. La Grone is seeking to win his first election after he was appointed by the governor prior to the 2019 session. On Wednesday a second attack ad by La Grone hit mailboxes, once again using the same volunteer photo as the previous mailer.

Day won the District 49 primary garnering 53% of the vote and will face off with La Grone on Nov. 3. Both Day and Rosado believe the senator owes them an apology.  

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TWO DEMOCRATS- MARQUE SNOW, JOHN CAVANAUGH- SQUARE OFF FOR EASTERN OMAHA LEGISLATIVE SEAT

OMAHA- Two democrats will be competing on Nov. 3rd to represent Omaha's legislative District 9. Marque Snow and John Cavanaugh both have strong name recognition. Snow is the president of the OPS board and Cavanaugh comes from a family of politicians. Cavanaugh is an attorney and works as a public defender. Snow is a consultant for the Holland's Children's Institute and Holland Children's Movement.

The candidates have similar views on education, legalizing marijuana and expanding gambling so that the money lost in property tax cuts can be replenished by these other sources. 

Cavanaugh won the primary by 5.5 percentage points, district 9 covers much of Omaha east of 72nd Street. Whoever wins this race will be replacing Sen. Sara Howard, who has reached her term limits. 

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THREE RIVERS HEALTH DEPT. SEES UPTICK IN COVID-19 CASES AFTER LARGE GATHERING, OUTBREAK AT CARE FACILITY

SAUNDERS COUNTY- The Three Rivers Public Health Department is seeing an uptick in COVID-19 cases since Labor Day weekend, much of these cases seem to come from a large private gathering and an outbreak at a long-term care facility. 

The private gathering had around 200 people in attendance. 28 cases in the county have been tied to that event. Saunders County has had 389 positive cases, 32% of those have been confirmed over the past 2 weeks. Washington County has had 22% of its confirmed cases come in since Labor Day. A majority of those cases were from the outbreak at Crowell Memorial Home in Blair. 

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