UNAUTHORIZED STAFFER MAY HAVE OK'D ROBOCALLS URGING CAPITOL PROTEST, NEBRASKA AG SAYS

LINCOLN- Doug Peterson, Nebraska Attorney General said Monday that he was unaware that a group of national attorney's that he is a member of sent out robocalls urging people to descend on the U.S. Capitol. He suspects that a staffer with the Republican Attorneys General Association, without permission, authorized these calls.

State Senator Megan Hunt filed a public records request seeking to discover if public funds were used to support these robocalls. Over the weekend, Peterson's spokeswoman said there were no records to support or deny Hunt's question. Hunt then took to the Legislative floor to ask how that conclusion could have been found so quickly. 

Peterson himself has called the attack on the Capitol an 'affront' on the U.S. Constitution.

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NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES COVID-19 UPDATE

LINCOLN- So far, 76,882 doses of the COVID-19 vaccine have been administered to the Phase 1A priority group in Nebraska. This priority group includes health care workers and residents and staff of long-term care facilities. The Federal Pharmacy Partnership Program for Long-term Care Program was adopted in the state and 100% of the Pfizer allocation has been received. First doses have been given to 40% of hospital staff and 10,000 people have received a second dose. 

Nebraska receives around 23,000 first doses per week in addition to some shipments of second doses. The Phase 1B group mostly contains vaccinations for those 75 and older and will begin in the second half of January. Other groups included in this phase are first responders, educators, those in the transportation industry, food processing and agricultural workers. 

Nebraskans are urged to continue the same precautions they have been taking the entire pandemic.

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LINCOLN JUDGE UPHOLDS LAW REQUIRING APPOINTMENT OF ELECTION COMMISSIONERS

LINCOLN- The constitutionality of the law requiring election commissioners in Lancaster, Douglas and Sarpy counties to be appointed rather than elected has been confirmed. Lancaster County District Judge Lori Maret released her 14-page decision on Thursday. This ruling is counter to a 2019 opinion by Attorney General Doug Peterson, his opinion was nonbinding. 

At the time, Civic Nebraska agreed with Peterson's opinion, saying voters should be able to elect who runs elections in their counties. The AG's office then took this issue to the Supreme Court where the parties were unable to come to a decision, so the case was dismissed and given to a district court. 

The decision noted that the issue was whether election commissioners are county officers under Article 4 in the Nebraska Constitution. Maret cited an Ohio law that suggests officers should take an oath and give a bond. 

"In this way, a constitutional provision meant to empower the people to choose their county officers could leave them with nonelected officers performing the same job, now without oaths or bonds," Maret said.

The governor has appointed election commissioners for more than 100 years. Sen. Matt Hansen of Lincoln agrees with the AG's analysis and is interested to see if any other steps are taken. A spokeswoman for the Attorney General's Office says they will be taking the case to the Supreme Court to decide the constitutionality of the statute. It would require a supermajority vote before the court could strike this down. 

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6 KEY TAKEAWAYS FROM GOV. RICKETTS' BUDGET PLAN

LINCOLN- On Thursday Governor Pete Ricketts presented his annual State of the State address. Historically this has become the date during bill introduction that the Governor announces his annual legislative priorities. This year was no different, with Governor Ricketts a number of steps he will be perusing during the 2021 session including tax relief, a new prison, and broadband deployment, among others. Here are 6 key takeaways from the Gov. Ricketts State of the State Address:

Property tax relief. In the governor's State of the State Address, he laid out a two-pronged approach to tackle property tax relief, which he deems as the top priority for Nebraskans. He is planning to approve $1.36 billion in credits for tax relief. 

In the proposed budget, $275 million a year will be provided in the state property tax credit program and $107 million will go to homestead tax exemptions. $88 million will be transferred into the state's cash reserve fund which would then have over $500 million in funds. This would trigger the additional property tax credits according to LB1107, a bill passed last year that created a new income tax credit. LB1107 is expected to allow for a 17% growth in tax breaks over five years. 

Property tax cap. Ricketts is seeking a legislative approval of a ballot issue to restrict local government tax increases to 3% a year without authorization from voters. 

Broader broadband. The governor wants to see $20 million a year going to expanding broadband's reach. The two-year increase would be enough to get an additional 30,000 homes connected as it is estimated that 80,000 homes lack access.

New prison. Governor Ricketts is proposing taking $230 million from the cash reserve to build a new state prison. This would replace the Nebraska State Penitentiary and would aid in curing the state's overcrowding issue. 

Veterans and military. The budget has $50 million ready to help lure the U.S. Space Command headquarters to Offutt Air Force Base even after the federal decision to put the site in Alabama. He also hopes to see the state exempt all military retirement benefits from income taxes, up from 50%. 

Spending growth. The governor's plan calls for a 1.5% growth in state general fund spending over two years. The state benefited from one-time factors, such as higher federal matches for Medicaid and a low school aid increase with federal coronavirus relief as well. The calculation does not include money used on property tax credits.

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EDITORIAL: LAWMAKERS MUST HEAVILY SCRUTINIZE THE CALL TO BUILD A $230 MILLION NEW PRISON

LINCOLN- The Ricketts administration has proposed a costly idea to build a new state prison-- something that hasn't been done in over two decades. Lawmakers are sure to have many questions about whether this costly of an investment will be heavily considered. 

Scott Frakes, the state corrections director, will have a hearing about prison overcrowding and deserves a fair hearing to promote this prison. Nebraska has the second-highest overcrowding problem in the nation. The overcrowding problem has already cost the state $170 million in expansions over the past six years. 

The facility would add 1,512 beds to the state's prison system and would hold all different levels of security. This would bet he first prison built in the state since 1998, when the Tecumseh prison was built. 

Many questions are sure to be brought, but a huge hurdle legislators will have to discuss is that $230 million price tag. Budgeting has already been a top issue in the state, so adding this project will be quite a feat. 

Reform efforts have been seen at both federal and state levels but many have failed. This includes a bill in front of the Legislature last year that would allow prison inmates to become eligible for parole two years before their release date, give inmates incentives to complete rehabilitation programs and to get more inmates under parole supervision. Many of those ideas are supported by law enforcement officers. This effort failed. 

Nebraska leaders will need to make this very tough decision in 2021.

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EDITORIAL: STATE SENATORS MUST BRIDGE THE TRUST GAP AT THE NEBRASKA LEGISLATURE

LINCOLN- The Nebraska Legislature opened its 90-day 'long session' on Wednesday and will surely be an unusual one. There are three needs that need to be met this session. Protection of lawmakers, staff and the public from COVID-19. Building trust between lawmakers and the public and responsible leadership by new committee chairs and the speaker. 

The threat of COVID is still very real and public health must be a top priority. It is possible that an extended recess will be taken to provide time for lawmakers and their staff to be vaccinated. The atmosphere in the Capitol has been very strained in recent years. Some partisan-minded Senators have made it harder for the officially non-partisan Unicameral to function. All members, regardless of party, must be open to forming relationships on both sides of the aisle in order to best serve constituents. 

The new speaker, Sen. Hilgers, will be a key person to form those relationships needed to be successful in this 2021 session. 

"The Legislature has much work ahead if these three key needs are to be met and success achieved for the 2021 session."

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EDITORIAL, 1/1: REDISTRICTING MUST BECOME A NONPARTISAN EFFORT FOR STATE

LINCOLN- In 2021 the officially nonpartisan body of the Legislature will be tasked with redistricting. In the previous attempt to successfully redistrict, the unicameral botched the job. The odds of one of the current senators being around the next time redistricting comes up is virtually impossible, yet long-term ramifications will ensure. 

The process of redistricting should be done by an independent nonpartisan agency or commission, which a handful of states have already done. Gerrymandering also should have no place in redistricting-- especially in a nonpartisan body. Our neighbor, Iowa, shows how redistricting should be done. The state has an independent state office which draws up maps strictly on population and presents their maps to legislators for a simple vote. 

With coronavirus throwing off census numbers, the final census figures will not be available until spring at the earliest, meaning the legislature will be deep into session. This also means that the unicameral will have to wing it. According to those numbers, three counties will hold 27 of the 49 seats. Senators are lining up to serve on this redistricting committee, as it has a powerful responsibility.

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EDITORIAL, 12/31: PETERSON DESERVES CREDIT FOR LEADING ON FACEBOOK, GOOGLE SUITS

OMAHA- Nebraska's Attorney General Doug Peterson spearheaded a 38-state antitrust lawsuit against Google that alleges the company has a monopoly over the online search market. This goes beyond the search engine domination and includes the company's attempts to monopolize how consumers access search engines (now through smart speakers, TVs, cars and specialized search providers). 

The lawsuit is rooted in consumer protection and hopes to create a free market that will allow for greater competition among search engines. This is happening after decades of only light regulation over giant tech companies. This lawsuit has bipartisan nationwide support. 

Google's defense is that of every monopoly-- simply stating that consumers simply choose to use Google over alternatives.

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LOCAL VIEW: SPENDING CAP BAD FOR PUBLIC SCHOOLS

LINCOLN- Amid an unprecedented pandemic, Gov. Ricketts recently said that a 'big priority' for the Nebraska Legislature this session will be approving spending limits on schools across the state. 

"The simplest argument against such an overreach was best echoed by Sen. Adam Morfeld in a tweet: 'We already have spending limits on schools - It's called the local school board'". 

Across the state, school boards have approved budgets that the state government is aware of. The boards have done an outstanding job with what they have and the governor wants to strip that power from them. The state already has many regulations that boards must follow while creating a budget. During a pandemic is not the appropriate time to place more restrictions on the already overworked and underpaid education system. 

The aim of capping school budgets is to create more property tax relief for Nebraskans. There is absolutely a property tax problem in the state, but why does the solution have to come from schools?

Most Nebraskans understand that when education is properly funded, the state only improves. A prime example of this is incredibly successful University of Nebraska system.

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OMAHA'S PLANNING BOARD APPROVES NEARLY $80 MILLION TIF FOR CROSSROADS REDEVELOPMENT

OMAHA- Homeownership options are now likely to be included in the $554 million Crossroads redevelopment site. Condos seem to be at the top of the list of wants in the project. The Omaha Planning Board stated they know condos and similar homes are in high demand in the Omaha Metro, and the redevelopment plan‘s current residential options are only for rentals for apartments and senior living units which are additions to offices, retail, a hotel, entertainment, fitness facilities and a plaza space. 

The addition of for-sale housing option would stand out as the only pieces that would not be owned by the developer. The Planning Board voted unanimously in favor of the plan and the developer's request for nearly $80 million in TIF-- the highest ever approved by the City of Omaha if accepted. 

The incentive allows for future increased property taxes generated to pay for certain upfront development costs.

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DRUG COURTS, COUNSELING AND EDUCATION HELP REDUCE NEBRASKA'S RATE OF DRUG ABUSE

FREMONT- Nebraska's rate of illegal and prescription drug use is among the lowest in the nation. Nebraska's rate was at 7.3%, making the state rank third-lowest, behind Minnesota and South Dakota. The national average sits at 11.9%. 

The District Six Adult Drug Court based in Fremont gives people facing nonviolent drug-related charges a chance to avoid incarceration. The graduation rate of this program is at 66%, showing that it is very successful. They believe that problem-solving court builds a bridge between probation and treatment. 70% of people that come through drug court suffer with mental health or substance abuse. These people need resources that probation or incarceration cannot give them. 

People in the state have previously had to travel to different states to find inpatient programs that will take them. Those who run this program want people to understand that this is not about teaching people how to use drugs or drink alcohol responsibly but is rather about teaching why people abuse substances.

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EXTREMISTS CONSIDER CAPITOL RAID A SUCCESS, UNO COUNTERTERRORISM EXPERT SAYS

OMAHA- As Ebola struck West Africa in 2014 and the COVID-19 pandemic broke out in Wuhan, China last year, federal experts looked to the University of Nebraska. Now, if terrorists ever unleashed a virus as a biological weapon, Washington would yet again look to Nebraska. A top member of the Department of Homeland Security visited Omaha and Lincoln to learn about UNMC's biocontainment program. Now, a DHS exercise in February will test how well the center could handle a bioterrorism attack. 

Last year, UNO won a 10-year, $36.5 million federal grant to serve as the nation's hub, making it the center for terrorism research in the country. The Trump Administration has been trying to raise the National Biosurveillance Integration Center's profile. This center is a key part of the biodefense strategy which has been previously criticized as ineffective. The center was created after the 9/11 attacks and the anthrax attacks against political and media figures shortly after. 

The extremist groups responsible for the raid on the U.S. Capitol on Wednesday are pleased with the results the exercise and are likely to plan similar activities in the future, says Gina Ligon, co-founder of UNO's National Counterterrorism Innovation, Technology and Education Center. 

The center's research mostly revolves around monitoring online communications of both foreign and domestic terrorist groups. Ligon says the Proud Boys and the Oath Keepers were heavily involved in planning the raid. She also called it a "textbook" example of a protest turning violent and that many of the people involved did not participate thinking they would be breaking laws. It is believed that once at the Capitol, leaders of the group decided to invoke the crowd to participate in lawless action. 

"The people that were on video breaking the windows, brandishing weapons — those are all terrorist acts," she said.

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NEBRASKANS DROVE FEWER MILES IN 2020, BUT TRAFFIC FATALITIES STAYED ABOUT THE SAME

OMAHA- A decrease in miles driven in Nebraska should have led to a decrease in traffic deaths. However, fatalities stayed around the same as the previous five years average. Experts are discussing the theory that while many people stayed close to home, those who were trying to loophole restrictions traveled more extensively on the roads. 

“There are people getting messages about COVID-19 safety precautions who don’t like to be controlled. Even with less miles being driven, the riskier drivers are still out there," said Bill Kovarik. 

Nebraska has recorded 224 traffic fatalities, which is a decline of less than 5% from the average of 234 from 2015-2019. There was a 68% increase in tickets given to motorists exceeding 100 mph. Motorcycle accidents resulting in death have also increased by 37.5%. 

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CLASS ACTION LAWSUIT RAISES STAKES ON MISSOURI RIVER FLOODING

OMAHA- Hundreds of landowners along the Missouri River just raised the stakes in the costly battle with the federal government. 

A law firm has successfully sued the government over flooding caused by endangered species projects filed another lawsuit Wednesday that will allow for even more landowners to claim damages. Around 400 landowners signed onto the first lawsuit that has been in the works for about eight years. The difference between a mass action and class action is that each individual has to prove their case under a mass action. 

A senior judge with the U.S. Court of Federal Claims said landowners had until Dec. 31 to file their claims. The U.S. Justice Department has declined to comment on this issue. The main issue in the lawsuits is whether the Corps of Engineers contributed to the flooding through various projects they were doing during the time, with emphasis on projects focused on endangered species. The corps deny this, but the firm said the engineers used land without compensating landowners which is a violation is the Fifth Amendment which prohibits taking property without compensation. 

These endangered species projects come into play because under federal law, the Endangered Species Act requires the corps to take those species into their own hands, so they must do so within federal regulation. The projects allegedly began increased flooding and decreased the value of the land by 25% in the impacted areas while doing so. 

Congressional delegations in Nebraska, Iowa, Missouri and Kansas have all called on the corps to settle with landowners on this lawsuit.

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CLEAN POWER AGREEMENT COULD SPUR $1.2 BILLION IN WIND, SOLAR ENERGY PROJECTS IN NEBRASKA

LINCOLN- In a proposed carbon black/anhydrous ammonia plant near Hallam, up to $1.2 billion in new wind and solar energy projects could be spurred by an agreement to provide 100% renewable energy. 

The plant developer Monolith Materials, Nebraska Public Power District and the Norris Public Power District will announce an intent to purchase the power agreement as a 'win-win-win for everybody'. The plant will be fully expanded by 2025 and will be the largest electric consumer for NPPD. The new development would double the current renewable energy production and will be enough to power all of Lincoln.

Proposals for the new wind and solar projects will be heard in March with agreements being signed in September. Monolith has already invested $100 million in the Hallam facility which employs nearly 100 workers now and will eventually ramp up to 700.

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CHARLES HERBSTER, WHO MAY RUN FOR NEBRASKA GOVERNOR, WAS AT TRUMP RALLY BEFORE CAPITOL VIOLENCE

LINCOLN- The potential Nebraska gubernatorial candidate Charles Herbster was in the crowd just hours before the political mob stormed the U.S. Capitol. Herbster, a Republican who owns a ranch in Falls City, NE and a Kansas City-area business met Tuesday in Trump's private residence in his Washington D.C. hotel with Trump's sons and advisors present. It is reported that the main point of conversation focused on how to urge more members of Congress to object to the Electoral College results that chose President-elect Biden as victor. Herbster served as an agriculture adviser for Trump's 2020 campaign and is a fervent supporter of President Trump. 

However, Herbster called the riot on Wednesday "reprehensible" which could complicate his strategy for a 2022 race for governor as he may have dropped down as the most "pro-Trump" candidate. 

Democratic Party Chair Jane Kleeb is already highlighting Herbster's backing of the president. She also says that Nebraskans do not want another eight years of a millionaire who blindly supports Trump and his supporters.

“It’s remarkable that somebody who’s running for governor is funding and helping support the insurrection,” Kleeb said of Herbster.

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LEGALIZING RECREATIONAL MARIJUANA USE IN NEBRASKA PROPOSED IN CONSTITUTIONAL AMENDMENT

LINCOLN- Sen. Wayne of Omaha wants to give Nebraskans a say on whether to allow the use of recreational marijuana for people over the age of 21 to the state. He introduced a constitutional amendment (LR2CA) "to legalize the 'cultivation, manufacture, distribution, consumption, and sale of cannabis in any form' on Oct. 1, 2023." 

The proposal would need 30 votes in the Legislature to be put on the November 2022 general election ballot. This would not be subject to gubernatorial veto but could be challenged in the courts. He believes if South Dakota approved it, there's a fighting chance Nebraska could. 

Nebraska has already showed broad support for legalizing medical cannabis by getting 110% of signatures needed. However, the Nebraska Supreme Court stopped the initiative from going before voters as it violated the state's single subject rule. The sponsors of that measure, Sens. Morfeld and Wishart, filed new petition language that would legalize "full adult use" of marijuana. 

Sen. Wayne believes this is important to pass now so that the state realizes the economic potential something like this has before the federal government does.

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POLICING BILL IN LEGISLATURE CALLS FOR MORE TRAINING, BAN ON CHOKEHOLDS

LINCOLN- Sen. Steve Lathrop of Omaha has introduced LB51, a bill that would require law enforcement officers to undergo more training and become certified on excessive force techniques and would also ban chokeholds. The senator decided to propose this bill after hearing hours of concerns during listening sessions the unicameral held this past summer after the death of George Floyd. 

The senator is the chair of the Judiciary Committee, which conducted the listening sessions. Lathrop says larger law enforcement agencies in the state are already doing more training on this issue. Training hours will be increased from 22 hours a year to 40 which will allow more time for psychological evaluations, fitness and more. 

As of now, officers can be hired before passing state certification training. Smaller precincts across the state say this is necessary because the grace period allows for more officers to actually work. 

Another bill, introduced by Sen. Joni Albrecht of Thurston, has been inspired by this summer's demonstrations. Albrecht's bill would increase penalties for those who riot or assault police officers. LB111 would raise a group of six people rioting from a Class 1 misdemeanor to a Class IV felony if violence occurs.

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INTRODUCED BILL WOULD END SPLIT ELECTORAL VOTES, REQUIRE VOTER ID

LINCOLN- LB76, a bill introduced by Sen. Julie Slama of Peru would return Nebraska to the winner-take-all method of allocating Electoral College votes. The senator believes this is a 'common-sense' bill and would improve state election laws. The bill has already garnered much negative attention from opponents, especially the ACLU and Nebraska Democratic Party. 

“Now more than ever, it’s incumbent on us all to fiercely protect our free and fair elections in Nebraska,” said Danielle Conrad, State ACLU Director. “We need to expand — not contract — voting rights because every American knows voting is the cornerstone of our democracy and the fundamental right upon which all our civil liberties rest.”

Returning to a winner-take-all system has been a Republican Party priority since Nebraska switched to multiple votes in 1991. As of now, the state awards three of its five votes based in the popular vote in each congressional district with the other two going to the statewide winner. This system helped President Obama get elected in 2008 when the state split its vote and again this year for President-elect Biden. Nebraska and Maine are the only two states that split votes. 

Voter identification is also addressed in the bill. Sen. Slama would like to see a change to the Nebraska Constitution and would require poll workers to see a photograph or digital image of each voter to verify identity before counting their vote. This relates to a nationwide discussion about voter suppression.

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GOV. RICKETTS, AOC TRADE JABS OVER VACCINES FOR UNDOCUMENTED WORKERS

Gov. Pete Ricketts and U.S. Rep. Alexandria Ocasio-Cortez traded attacks Wednesday over the governor’s comments on undocumented workers' place in the coronavirus vaccination line.

The governor’s spokesman on Tuesday and Ricketts himself on Wednesday clarified the governor’s Monday comments on vaccines for undocumented workers at meatpacking plants. The governor and his spokesman said proof of citizenship is not required for a COVID-19 vaccine.

Ocasio-Cortez had called Ricketts racist Tuesday evening on Twitter. As Ricketts clarified his remarks at his Wednesday coronavirus press conference, the governor singled out Ocasio-Cortez. He said, “AOC is someone who does not care about Nebraska.” She added: "I am happy to be corrected by you publicly stating that all undocumented Nebraskans, including meatpacking workers, will have access to the vaccine. Thank you!"

In response to a question at his Wednesday press conference, Ricketts said the people who work at meatpacking plants are supposed to be legally documented workers. He said it's not a state function to investigate workers' immigration status."We expect that there's going to be vaccines for all Nebraskans," he said, "and just like any other vaccine, your citizenship is not checked before you receive a vaccine."

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