NEBRASKA JOINTS SUIT AGAINST BIDEN OVER REVERSAL OF TRUMP-ERA ABORTION REFERRAL BAN

COLUMBUS, OHIO — Ohio’s top lawyer filed suit against the Biden administration seeking to restore a Trump-era ban on abortion referrals by family planning clinics that President Joe Biden reversed earlier this month.

The action filed by Republican Attorney General Dave Yost in U.S. District Court in Cincinnati was joined by 11 other states, including Nebraska.

At issue are new federal regulations set by the Department of Health and Human Services that take the Title X federal family planning program back to the way it ran under the Obama administration when clinics were able to refer women seeking abortions to a provider.

The two rules Yost wants reinstated were passed in 2019. One required federally funded family-planning clinics to be physically and financially independent of abortion clinics. The other required them to refrain from referring patients for abortions.

He said both rules were intended as firewalls between clinics' family planning services, which can receive taxpayer funding, and their abortion services, which cannot.

"You can’t 'follow the money when all the money is dumped into one pot and mixed together,” Yost said in a statement. “Federal law prohibits taxpayer funding of abortion — and that law means nothing if the federal money isn’t kept separate.”

States joining the challenge are Alabama, Arizona, Arkansas, Florida, Kansas, Kentucky, Missouri, Nebraska, Oklahoma, South Carolina, and West Virginia. Not all states participate in Title X.

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KEY PLAYER IN FORTENBERRY INDICTMENT RESIGNS AS PRESIDENT OF CHRISTIAN GROUP

LINCOLN- A key figure in the indictment of U.S. Rep. Jeff Fortenberry for allegedly lying to federal investigators has resigned his position with a Washington, D.C.-based Christian group.

Toufic Baaklini, who resigned last week, had served as president and a board member for several years for In Defense of Christians, an organization that fights persecution of Christians in the Middle East.

Baaklini told federal investigators that in January 2016, he was given $30,000 by Gilbert Chagoury, a Nigerian billionaire now living in Paris, for distribution as political contributions to Fortenberry. Baaklini said he gave the money to a California man who was hosting a fundraiser for Fortenberry at a Los Angeles restaurant. A group of people — with five of the donors having the last name Ayoub — were recruited to eventually donate the money.

Fortenberry ran into Baaklini in Washington sometime after the fundraiser, according to federal court documents, and asked him something to the effect of: “Do you think anything was wrong with the fundraiser?”

Baaklini replied by falsely saying “no” and then asked why. Fortenberry reportedly responded, “because it all came from the same family.”

Baaklini, who was born in Lebanon, had given campaign donations to more than a dozen Republican candidates for office in recent years, according to federal campaign reports.

In Defense of Christians, in a news release Sunday, thanked Baaklini for his service, adding that any campaign contributions made by, or through, Baaklini were in his "personal capacity."

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DON WALTON: PATTY PANSING BROOKS PREPARING BID FOR FORTENBERRY HOUSE SEAT

LINCOLN - Sen. Patty Pansing Brooks is gearing up for her next challenge.

The Lincoln state senator, who will be term-limited out of the Legislature at the end of next year, will announce soon that she will seek the 2022 Democratic nomination for Republican Rep. Jeff Fortenberry's 1st District House seat.

Fortenberry, who has pleaded not guilty, is facing trial in Los Angeles on federal charges that he lied to the FBI and concealed information about illegal campaign contributions that he accepted from foreign sources in 2016. Although a trial date has been set for Dec. 14, it is possible that it may be delayed.

There are many unanswered questions regarding the 2022 congressional race. We know that Fortenberry will be challenged by Democrats if he decides to seek reelection, but it is unknown whether another Republican would contend for the position as well. It is also yet to be seen whether Senator Pansing Brooks or any other Democrat could compete with the incumbent in a district that has been strictly Republican for quite some time.

Some of the state senators who will have finished their two terms at the end of next year are the hardest working and most impartial legislators. However, there are not many legislators who would want to run for another, more demanding, elected office after serving two terms.

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COULD NEBRASKA LAWMAKERS PASS A TEXAS-STYLE ABORTION BAN?

LINCOLN- On either side of the abortion debate, all eyes are on the judicial fate of Texas’ new abortion law, the most restrictive in the country.

Nebraska lawmakers who have sponsored legislation limiting abortion expect anti-abortion proposals again next year, and so does a lawmaker who has proposed legislation to increase access. But the shape those proposals take may be determined by what happens in the courts.

The Texas law, which went into effect in September, bans abortions once the cardiac activity is detected. That usually falls at about six weeks, before some women know that they’re pregnant. While courts have blocked other states’ attempts at similar restrictions, this law differs by putting enforcement in the hands of private citizens. A federal appeals court allowed the restrictions to remain in place for a third time in the last several weeks alone.

If a Texas-style law were implemented in Nebraska, it would ban a majority of the abortions that are currently performed in the state. A report from the State Department of Health and Human Services showed that about 85% of abortions in Nebraska in 2020 happened at an estimated gestation of six weeks or later. In 2019, that percentage was about 71%.

Abortion rights advocates’ concern that Nebraska may follow in the footsteps of Texas is not unfounded: Gov. Pete Ricketts, who opposes abortion, has lauded the law and hinted that Nebraska lawmakers might use it as a model.

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NEBRASKA TAX COLLECTIONS CONTINUE TO ROLL IN ABOVE PROJECTIONS

LINCOLN — Nebraska tax revenues continued flowing in at a higher-than-expected pace during the first quarter of the fiscal year.

The Nebraska Department of Revenue released a report showing that the state netted $155.9 million more than predicted for July through September. The state netted $100.8 million more than predicted for September alone.

Gov. Pete Ricketts said the report supports efforts to add to the tax reductions passed in the last few years.

“Nebraska’s tax receipts continue to grow beyond our expectations as a result of our state’s booming economy,” he said. “Strong receipts are setting us up to deliver even more tax relief for the hardworking people of Nebraska.”

The unexpected revenue is enough to wipe out a projected $101 million shortfall — and then some — for the two-year budget period that started July 1. The shortfall appeared after the amount needed for Nebraska’s newest property tax relief program was factored into the state’s financial status.

Record tax revenues for the fiscal year just ended required the state to transfer $548 million a year into the program, under which property owners get income tax credits to offset a portion of their school property taxes. State law determines the amount of the credits based on the growth of tax revenue.

The $548 million transfer meant that property owners would get credits equal to about a quarter of their school property taxes when they file their 2021 income taxes. But it also reduced the amount of tax revenue available for the state budget.

The monthly report of tax receipts showed that net revenues exceeded expectations in each month of the current fiscal year, with actual net revenues topping expectations by 19.2% in September.

Lydia Brasch, a Revenue Department spokeswoman, credited the state’s strong economy for the tax revenue growth.

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NEBRASKA MEDICINE TURNING AWAY TRANSFERS FROM OTHER HOSPITALS IS A 'GUT PUNCH'

OMAHA— Nebraska Medicine's Chief Operating Officer Cory Shaw calls it a "gut punch" to have to turn transfers away.

"Patients that are currently in a hospital bed and other hospitals who might otherwise need a transfer in normal times — we're going through a process that, one, we have a bed and, two, we can do something for that patient beyond what they are getting locally," Shaw said.

It's something they've been doing the past eight weeks due to a variety of factors.

"It's really a combination of two things. With ICU beds, it's really just beds but it starts with the staff. If you don't have adequate staff, you can't open every single bed you have available to you," Shaw said.

UNMC's Nursing College Dean Juliann Sebastian says enrollment in their nursing program is robust, but hospitals still face staffing shortages due to sheer demand.

"Demand is really increasing, so this is not a question of people not being interested in nursing and not enrolling in nursing, but demand is outstripping supply," Sebastian said.

Since hospitals are facing a huge need, Nebraska Methodist College's Deb Carlson says there is an urgency to educate as many nurses as possible.

"We're now seeing that they are wanting to hire students as juniors to lock them in, so when they graduate, they have them in that position. Seeing more of that, of HR having to be more aggressive," Carlson said.

Since the beginning of the pandemic, Shaw says it's difficult to forecast what the future could hold.

"It's hurtful to know we're not able to do everything we historically or typical can do," Shaw said. "We understand we are in the middle of a pandemic, and 50 patients at Nebraska Medical Center and state-wide, roughly 400 patients in a hospital bed that wouldn't otherwise be there. That's consuming a great deal of capacity."

Nebraska Medicine has telehealth options for anyone looking for care. The overwhelming number of hospitalized COVID patients in the ICU are unvaccinated.

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SEWARD SCHOOL BOARD MEMBER TO SEEK SEAT IN NEBRASKA LEGISLATURE

LINCOLN — Jana Hughes, a Seward school board member, and lifelong Seward County resident, has become the latest person to declare their candidacy for the Nebraska Legislature.

Hughes announced this week that she will seek the District 24 seat being vacated by State Sen. Mark Kolterman of Seward. He is barred by term limits from running for reelection.

The newly redrawn district encompasses Seward, York, and Polk Counties, along with the western portion of Butler County.

Hughes grew up on a family farm and married into the family that owns Hughes Brothers, a manufacturing business and major employer in Seward. A registered Republican, she lists the district’s top challenges as lowering property taxes, strengthening small businesses, supporting schools, and being a strong voice for agriculture.

The Nebraska Legislature is officially nonpartisan, meaning that members appear on the ballot and serve without regard to party registration. Political parties are not part of the legislative structure, as they are in other states.

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UNION PACIFIC AND ITS UNIONS SUE EACH OTHER OVER VACCINATION

OMAHA- Union Pacific and its labor unions are suing each other to determine whether the railroad has the authority to require its employees to get vaccinated against the coronavirus.

The unions argue that the railroad should have negotiated with them before announcing it would require all employees to get the shots. The railroad contends in its own lawsuit that it believes it has the authority to require the vaccine under its existing contracts because it can set standards for when employees are fit for duty.

Union Pacific announced this month that it would require all employees to be vaccinated by Dec. 8 to comply with an executive order President Joe Biden issued requiring all federal contractors to have their employees vaccinated. The railroad is also offering its union employees a $300 bonus if they get the shots. Nonunion employees at the railroad are being offered a half day of vacation if they get vaccinated.

On the same day the Sheet Metal, Air, Rail and Transportation Workers-Transportation Division, or SMART-TD, union filed its lawsuit against the railroad, Union Pacific filed its own lawsuit against SMART-TD and two other unions that objected to the vaccination mandate to force the issue.

“This action is necessary to prevent any disruption of the national rail network and to avoid any impact on America’s supply chain, as it continues to recover from the pandemic,” Union Pacific spokeswoman Kristen South said in a statement.

Vaccine mandates from governments and other businesses have generated resistance in various workplaces.

The railroad told employees that they would be medically disqualified under their contracts rather than fired if they didn’t get the shots. But the unions said Union Pacific was unfairly changing the conditions of their employment without bargaining over it as required.

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NEBRASKA COVID-19 DASHBOARD WILL DISAPPEAR AGAIN

LINCOLN- Gov. Pete Ricketts announced this week that Nebraska's statewide COVID-19 dashboard will be disappearing again.

Ricketts said the seven-day average of COVID-19 patients has dropped below 10% of total hospitalizations in the state, the threshold he set for reinstating the daily dashboard. Therefore, the state will return to providing only weekly COVID-19 statistics, and local health districts will no longer be allowed to report county-specific statistics for counties with fewer than 20,000 people.

Also because of the drop in patients, Ricketts announced he was rescinding a directed health measure that suspended many elective surgeries at the state's hospitals.

It's unclear how many hospitals will resume doing elective surgeries right away.

Bryan Health suspended any elective surgeries that required an overnight stay before Ricketts issued his DHM in late August. Officials there could not be reached for comment.

A spokesman for Nebraska Medicine in Omaha said it would not be reinstating the suspended elective surgeries at this time.

As of October 21st, COVID-19 patients were occupying 8% of regular adult hospital beds statewide but 25% of intensive-care beds.

In many areas of the state, however, COVID-19 patients still make up more than 10% of patients. The hospitals in North Platte both have 16% of their beds occupied with COVID-19 patients, and the percentages are 15% in Columbus, 14% in Grand Island and 11% in Lincoln, according to the state dashboard.

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POLITICAL INSIDERS SPLIT ON POTENTIAL FALLOUT FROM FORTENBERRY INDICTMENT

LINCOLN- Republicans in Nebraska rushed to defend U.S. Rep. Jeff Fortenberry this week as the congressman was indicted for lying to FBI investigators.

Meanwhile, the chair of the Democratic Party in the state said that Fortenberry was a “crook and a liar” and deserves to be replaced.

Observers, however, were split on the impact of the federal grand jury’s indictment on the congressman’s political future.

Fortenberry, who was first elected to represent Nebraska’s 1st Congressional District in 2004, said in a video shot before the indictment was released that the allegations, linked to a federal investigation into illegal campaign contributions from a Nigerian-born billionaire, were untrue and a betrayal after he had cooperated with an FBI probe.

“In America, we are fortunate our legal system abides by the ‘innocent until proven guilty’ mantra and this applies to Rep. Fortenberry as well,” Rep. Don Bacon, a Republican, said in a statement. “The man I know is a good-hearted man and not someone I would attribute these accusations to.”

More than one official said they had a hard time believing the allegations.

"I do have a very difficult time believing the allegations. It would be very out of character for him," said J.L. Spray, a Lincoln attorney and GOP national committeeman.

"Jeff is a man of integrity," said Mark Fahleson, a former chair of the Nebraska Republican Party. He said Fortenberry's only crime was using long words that few people understand.

But Jane Kleeb, who chairs the Nebraska Democratic Party, said Fortenberry had violated the trust of voters, and that Democrats should “win this seat back for the people.”

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RICKETTS, NEBRASKA SCHOOL BOARD GROUP OBJECT TO CALL FOR FEDERAL THREAT INTERVENTION

LINCOLN- The Nebraska Association of School Boards and Gov. Pete Ricketts said this week that they disagree that federal assistance is needed to stop threats and acts of violence against school officials.

Ricketts urged members of the Nebraska State Board of Education to "push back" against what he called "overreach" that threatens the First Amendment rights of parents.

On his monthly radio call-in show and again at an afternoon news conference, Ricketts called the Department of Justice action an “absolute outrageous abuse of federal power.”

“This will have a huge chilling effect, and it’s meant to, to browbeat those parents into not going to school board meetings,” he said. “It’s just beyond the pale. We don’t live in the old Soviet Union here.”

The Nebraska association said it had no part in drafting the letter sent by the National School Boards Association to the Biden administration requesting help from federal law enforcement.

The Sept. 29 letter has drawn criticism from conservatives who feel that it equates parents upset over mask policies and critical race theory with terrorists.

"We did not approve of the letter and had no role in its drafting," the Nebraska group said.

The national group, in its letter, asked for the Department of Justice, the FBI, the Department of Homeland Security, and the Secret Service to investigate and prevent threats and acts of violence against school officials.

The letter cites several incidents at school board meetings nationally.

On Oct. 4, U.S. Attorney General Merrick Garland directed the FBI and U.S. Attorney's Offices to meet with federal, state, tribal, territorial, and local law enforcement leaders to discuss strategies for addressing such incidents.

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NEBRASKA LAUNCHES $10 MILLION 'THE GOOD LIFE IS CALLING' CAMPAIGN TO LURE NEW RESIDENTS

LINCOLN — Gov. Pete Ricketts unveiled a $10 million marketing campaign this week aimed at recruiting new talent to the state.

He said the national “The Good Life is Calling” campaign targets Nebraskans who have left the state and other people who may be looking for a change of pace and a better quality of life.

“Our state has welcoming communities, affordable homes, and top-notch schools,” Ricketts said. “Nebraska is growing fast and creating plenty of great-paying jobs. For those looking for opportunity and a safer, friendlier place to put down roots, the Good Life is calling.”

The campaign, which expands on an existing website, was developed by Archrival, a Nebraska-based creative agency. It centers around a video showing 170 Nebraskans at work and play in a variety of locations across the state. Adam DeVine, an actor who grew up in Omaha, narrates.

Commercials will be placed in a variety of media in targeted markets. The focus will be on key cities within 500 miles of the state, including Minneapolis, Kansas City, Chicago, and Denver. The spots will be tested in other places, including Silicon Valley and Austin, Texas.

Clint Runge, CEO, and founder of Archrival said the effort will also involve extensive digital and social media, including Nebraska influencers. He said the plan is to do an initial wave of marketing, then follow up with a second wave in the most promising places.

Tony Goins, director of the Nebraska Department of Economic Development, said planning for the campaign began last summer after the first wave of the pandemic eased. The department is using federal COVID-19 relief dollars to pay for the campaign, which is part of the state’s economic recovery effort.

“We live in one of the best states in the country by almost any measure,” Goins said. “Our story has simply been undertold and undersold. Today, that changes.”

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COVID CASES AND HOSPITALIZATIONS CONTINUE TO FALL SLOWLY IN NEBRASKA

NEBRASKA- New cases of COVID-19 and hospitalizations because of the virus continued to fall in Nebraska last week, marking the second week of declining cases in the state.

But those numbers are dropping slowly. In some parts of the state, both new cases and transmission levels are still so high — and vaccination rates are so low — that new surges are possible.

Nebraska posted 3,980 new cases in the week, down 12% from the previous week and 25% from a month ago, according to a World-Herald analysis of Centers for Disease Control and Prevention data. The continued decline is a sign that the delta variant may have peaked in Nebraska.

As of October 18th, the state has reported a pandemic total of 276,817 COVID-19 cases.

Dr. Mark Rupp, chief of the University of Nebraska Medical Center’s infectious diseases division, said declining case counts are exactly what health officials want to see, although he would prefer to see a steeper decline.

“We could speed that up by having higher vaccination rates,” he said. “But it’s way too early for us to declare the game won and the pandemic over.”

It’s still possible to see a resurgence in cases, Rupp said. It’s also possible to see a new variant of the coronavirus emerge that could cause a new wave.

What health officials are worried about is a variant that can evade current defenses.

“Then, unfortunately, we’re kind of back to square one,” he said.

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Some SENATORS CALL FOR SPECIAL SESSION TO BAN COVID VACCINE MANDATES

LINCOLN — Two state senators have been circulating a petition asking lawmakers to call a special session to consider legislation prohibiting businesses from requiring that employees get vaccinated against the coronavirus.

The special session, proposed by Sens. Ben Hansen of Blair and Rob Clements of Elmwood, would also consider prohibiting governments and schools from mandating COVID vaccines, according to an email shared with the Journal Star.

The move from state lawmakers comes a week after Gov. Pete Ricketts, who said he opposes vaccine mandates, said he would not call lawmakers back to Lincoln for a second special session this year unless there were 33 senators willing to vote for such a law. That’s the number needed to overcome a likely filibuster by opponents.

The Legislature met in September to redraw political district boundaries as part of the decennial redistricting process.

According to a press release, 26 senators signed a letter outlining the purpose of the special session to Secretary of State Bob Evnen.

“The people have spoken, in overwhelming fashion. We need to do what we can to protect the livelihoods of Nebraskans who are at risk of losing their jobs if they exercise their choice not to receive a COVID vaccination,” Hansen said.

Under state law, 10 senators can ask the secretary of state to poll the Legislature on whether to convene a special session to consider legislation outside of the normal lawmaking session.

If agreed to by 33 of the Legislature’s 49 members, Evnen would then submit the outline to Ricketts, who would use it as a basis to issue a proclamation that sets the start day and duration for the Legislature.

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WHISTLEBLOWER SPEAKS UP ON LACK OF AG DOG BREEDER ENFORCEMENT

LINCOLN- Rick Herchenbach said he had to speak up because the state wouldn't.

Herchenbach is the "whistleblower" at the center of a new report by the State Ombudsman.

The report found the Department of Agriculture repeatedly failed to act in cases of animal abuse and neglect.

In an interview with KETV Newswatch 7 investigates, Herchenbach showed us some of the photos from breeders and rescue operations he has investigated over the past 17 1/2 years.

"Dogs were emaciated, being starved, open wounds, self-mutilation. Extremely unsanitary conditions where the dogs could not escape their own feces," Herchenbach said.

He said some needed immediate attention. He wanted to report evidence of criminal abuse to local law enforcement. But he said over the past several years, he increasingly heard the same thing from his supervisors.

"No don't report it, or they'll take care of it," Herchenbach said.

He said that was not okay with him, legally or ethically.

He said he tried to get the state's AG Department leadership to do something about it. "I have come to the Department a number of times over the past 18 years," Herchenbach said.

He went to State Ombudsman in August 2019. That office did investigate. Leading to a new 199-page report.

In the Ombudsman said while it could find no criminal wrongdoing by department Director Steve Wellman or other staff it did list several incidents where the Department failed to act. And it expressed "deep concerns" about a "lack of zealously" enforcing the law.

The report also said the department violated the state's Whistleblower Act by trying to demote and discredit Herchebach.

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THERESA THIBODEAU RETURNING TO NEBRASKA GOVERNOR'S RACE

OMAHA- Add one more to the field of possible candidates planning to run for Governor of Nebraska.

Earlier this year, Theresa Thibodeau was introduced as the running mate for gubernatorial candidate Charles Herbster, who announced his candidacy in April. But she stepped out in July, saying she didn’t have enough time for the campaign and had other issues to deal with.

“I have managed that and those are taken care of and finished; and at the same time, I have since then sold my business as well, and now I do have the time,” she told 6 News.

Now, she’s thinking about running for governor.

Thibodeau is no stranger to politics: Appointed to the state legislature by Gov. Pete Ricketts, she was also the chairwoman of the Douglas County GOP.

Thibodeau said she believe there are urgent issues that the next governor will have to deal with, like education: She said she thinks parents want to have a say on what their children are being taught in school, from critical race theory and health standards, or sex education.

She said she’s also concerned about illegal immigration and how it affects Nebraska, but her top priority is tax relief.

“The majority of Nebraskans want to see some actual tax reform as well as looking at our cost and where we can manage those expenditures as well,” she said.

“Other announced candidates include Regent Jim Pillen, businessman Charles Herbster, and State Senator Brett Lindstrom. Former Governor Dave Heineman is also exploring a run for his previous post”

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ATTORNEY FOR NU REGENT JACK STARK ATTACKS BASIS OF TEMPERING CASE, CALLS IT UNFOUNDED

OMAHA- The text between NU Regent Jack Stark and former Husker fullback Willie Miller was innocuous enough.

Stark had just learned that Miller might be testifying on behalf of an Omaha gym owner accused of sexually assaulting a teen weightlifter.

Stark, a sports psychologist, was on the opposite side, as a witness who had counseled the teen on sports performance.

“Just an FYI,” Stark wrote. “Not sure you know it but your name is listed as a character witness for a trial in two weeks on DOUG Anders. Do what you want but I will be testifying against him in the strongest language and if you want to know more let me know. Doubt if you are involved but just letting you know. Jack”

That — especially the “do what you want” part of the text — would not constitute tampering with a witness, an Omaha police investigator testified.

However, Sgt. Nicholas Yanez said, that text set up a phone call the next day between Stark and Miller. And Miller’s account of that phone call — which had Stark shaking his head in court — is the basis for the felony tampering charge. After a nearly hourlong preliminary hearing this week, Douglas County Judge Craig McDermott took the matter under advisement — a rarity for a hearing in which prosecutors have to establish only probable cause that a crime was committed.

Attorneys will file legal briefs on the matter, and McDermott will decide in a couple of weeks whether to bind Stark over for trial.

In an interview in October 2020, Miller told Yanez that the relationship between him and Stark went back 25 years. Miller was a fullback for Nebraska from 1996 to 2000; Stark, 75, is a well-known sports psychologist who worked with Nebraska athletes during that time period.

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GOVERNOR SAYS, FOR NOW, NO SPECIAL SESSION TO BAR VACCINE MANDATES IN NEBRASKA

LINCOLN — Gov. Pete Ricketts expressed sympathy Wednesday for the idea of calling a special legislative session to pass a law blocking vaccine mandates.

But the governor said he would not be willing to call such a session unless there were 33 senators willing to vote for such a law. That’s the number needed to overcome a likely filibuster by opponents.

“I don’t believe we have the votes to be able to pass something, so I’m not willing to call a special session,” Ricketts said when asked about the issue at an afternoon press conference.

As he has before, Ricketts promoted vaccination Wednesday as the best way to fight the COVID-19 pandemic. He got vaccinated himself as soon as the shots were offered to people in his age group. But he remains adamantly opposed to vaccine mandates

“It absolutely should be a voluntary decision,” he said Wednesday.

At least one Nebraska lawmaker wants a special session to address vaccine mandates. State Sen. Steve Erdman of Bayard said he called the governor last month to urge him to bring lawmakers back for another special session on the issue. The Legislature recently completed a special session on redistricting.

“No one in Nebraska should ever have to lose his or her job or be compelled to get a vaccination they do not want in order to feed their family and pay their bills,” Erdman said in an editorial column. “Biden’s vaccine mandate constitutes a declaration of war against personal liberty, and so the State Legislature is now compelled to act.”

Sen. Mike Hilgers, the speaker of the Legislature, said Wednesday that he agreed with Ricketts’ assessment.

“I do not think there are 33 votes to pass a ban,” Hilgers said in a text message.

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RICKETTS ISSUES ANOTHER ORDER AIMED AT EASING CAPACITY ISSUES AT NEBRAKS HOSPITALS

LINCOLN- Gov. Pete Ricketts has taken another step to try to ease the capacity issues at some of the state's hospitals.

Ricketts on Thursday announced he was issuing a new executive order aimed at providing more staffing for direct patient care.

The order temporarily suspends certain state statutes to allow health practitioners and administrators, including audiologists, alcohol and drug counselors, physical therapists, and speech pathologists to be able to care for COVID-19 and other patients.

The order also allows those professionals to practice without a state license if they have a license from another state that's in good standing, and it also temporarily suspends some of the requirements for getting an initial license and reinstating an expired or lapsed license.

Ricketts said the order takes effect immediately and will be effective through the end of the year unless he acts to rescind it.

The executive order comes on top of earlier moves by Ricketts, including an executive order issued in August that loosened some licensing and continuing education requirements for nurses and a directed health measure that suspends any inpatient elective surgeries that can safely be postponed anywhere from four to 12 weeks.

Doctors, hospital administrators, and others have said hospitals are often full, especially larger hospitals that provide specialized care, because of high patient numbers and difficulty finding enough staff.

As of Tuesday, there were 415 COVID-19 patients in the state's hospitals, including 111 in intensive care, according to the Nebraska Department of Health and Human Services. Overall, 23% of the state's regular hospital beds and 16% of ICU beds were open.

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OBSCURE STATE BOARD SEEKS MORE AUTHORITY OVER NEBRASKA PUBLIC POWER DISTRICTS

LINCOLN — A proposal by an obscure state board to obtain more authority over public power districts has created a firestorm of concern and confusion among those utilities and some environmental groups.

The Nebraska Power Review Board, at its meeting Friday morning, will discuss whether the five-member board, appointed by the governor, should have the final say over contracts reached between power districts and energy suppliers, such as wind farms, and be able to weigh in on whether existing power plants should be decommissioned.

A representative of the state’s public power utilities said she was puzzled about the purpose of such a change, and an official with the Sierra Club expressed concern that it could hinder the expanded use of renewable energy.

Shelley Sahling-Zart of the Nebraska Power Association, which represents the state’s public power districts, said that such changes could have unintended consequences, and take away local control now in the hands of elected utility boards, such as those at the Omaha Public Power District and Nebraska Public Power District.

“Let’s articulate clearly what problem you’re seeking to address. We’re just guessing on some things (now),” said Sahling-Zart, a vice president with the Lincoln Electric System.

But the executive director/general counsel of the Power Review Board said the proposal is only a preliminary draft intended to begin a discussion on whether the board needs to have a greater role in determining whether Nebraska has adequate power resources, and resilient sources of power, to avoid blackouts such as the one caused by a polar vortex in February.

While the proposal is labeled as a “draft” and for “discussion” only, opponents want more discussion of such a major change before any proposed legislation is presented to the Nebraska Legislature, which reconvenes in less than three months.

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