NEBRASKA UNEMPLOYMENT RATE HITS ALL-TIME LOW FOR SECOND STRAIGHT MONTH

LINCOLN - Nebraska’s latest unemployment rate of 1.9% represented an all-time low for the second straight month, and that April level remains tied for the lowest reached by any state in history according to the report released Friday, May 20.

The State Department of Labor's preliminary and seasonally adjusted report showed the April rate decreasing from the March 2022 rate of 2.0%.

Utah is the only other state to drop to such a level, tying Nebraska at the 1.9% record low, state officials said.

The seasonally adjusted unemployment rate for the county was 3.6% in April. That figure is unchanged from the month before and down 2.4% from the 6.0% in April the year prior.

Additionally, Nebraska's State Labor Department announced the preliminary employment for April reached an all-time high of 1.04 million people working.

“The number of employed workers in the labor force has been at historically high levels since July of 2021,” Labor Commissioner John Albin said. “The Omaha metro reached a record high employment level at nearly half a million in April, and the Lincoln metro has seen record highs for two straight months.”

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STATE AUDIT FINDS MILLIONS IN DOLLARS OF MISTAKEN PAYMENTS BY DOUGLAS COUNTY TREASURER

LINCOLN — A new state audit says the Douglas County Treasurer’s Office has wrongly calculated the amount of tax revenue due to several local taxing entities, overpaying the Omaha Public Schools by nearly $6 million but underpaying the Elkhorn School District by $4 million.

Douglas County and the City of Omaha were also among those losing out on millions in tax revenue, said the audit, released earlier this week.

Instead of paying property taxes, the Omaha Public Power District pays “in-lieu” of tax payments based on 5% of its annual revenue from electric sales. Last year, that amounted to $26 million, which was then distributed to the county, cities and school districts in the county.

Douglas County Treasurer John Ewing, when contacted Monday, May 20, said the method for calculating the in-lieu-of tax distribution has remained the same since the 1960s. The office had continue its practice following a review in 2019 that included consultation with the State Auditor's Office.

“This is not a case of money being misappropriated, it’s really a case of a mistaken interpretation of the state statute that had continued up until this year’s distribution,” Ewing said.

He added that it will likely be a decision among the various taxing entities, along with the County Treasurer's Office, on how to reconcile the under- and overpayments from the past several years. Ewing said he has spoken with several of the entities involved and doesn't expect a lawsuit.

“Everyone makes mistakes,” he said, adding. “It’s a mistake versus a knowing, wrong distribution.”

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LACK OF CONSERVATIVE BUY-IN, TIME HELPED DOOM NEBRASKA PRISON REFORM EFFORTS

LINCOLN - The prison reform movement that has helped send U.S. inmate numbers plummeting was born in deep-red Texas, offering a new criminal justice vision that appealed to both Republicans and Democrats, liberals and conservatives.

In the new “justice reinvestment” model, prisons aren’t simply warehouses where inmates are kept as long as possible before being released to offend again. Instead, they are places of rehabilitation and redemption that can help make communities safer while saving money, too.

Nebraska, home to the nation's fastest-growing and most-overcrowded prison system, failed to pass a justice reinvestment proposal in the last month of the Legislative session amid bitterness and distrust.

Gov. Pete Ricketts initially welcomed the initiative and was an active participant in it, but ultimately referred to the proposed reductions in criminal penalties as "soft on crime."

Nearly every Democrat voted to advance Legislative Bill 920 while only a third of Republicans did. Ricketts' comments in a recent interview reflected the Republican Legislators' sentiment, saying he found the entire justice reinvestment model "flawed from the get-go," and "backwards."

State Sen. Steve Lathrop, the Democratic lawmaker from Omaha who partnered with Ricketts to bring justice reinvestment into Nebraska, said it’s the governor’s thinking that’s flawed.

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LINCOLN REFUSES TO RELEASE BODY-CAM FOOTAGE FROM 2020 PROTESTS, SHIELDED BY VAGUE STATE LAW

LINCOLN - Even after the city settled a federal lawsuit with a protester who was injured during racial justice protests in May 2020, the last pending litigation related to the demonstrations, Lincoln will not release body-worn camera footage from officers who policed the demonstrations.

The state denied the Journal Star's public record request for body-worn camera footage from the 2020 demonstrations under the state's open records statute. Law enforcement agencies are allowed to withhold records they deem "investigatory" in nature.

Elise Poole was struck by a rubber bullet during the 2020 demonstrations following George Floyd's murder in Minneapolis at the hands of police. The newspaper sought four nights' footage from the incident after the city's $497,500 settlement with Poole.

Body-worn camera footage is considered public record, but due to the aforementioned investigatory exception, "state law effectively prohibits disclosure of all body-worn camera footage to the public," said Max Kautsch, an attorney who focuses on First Amendment rights cases in Kansas and Nebraska.

City Attorney Yohance Christie said the requested footage "includes a time period where litigation is currently pending," adding that there are "other claims that are pending" from the same time period.

Lincoln Police Capt. Todd Kocian, a department spokesman, said the decision of whether to release the footage would be up to Chief Teresa Ewins. He added that "it's not likely to be released in the near future."

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UNCERTAINTIES AHEAD FOR ABORTION ISSUE IN NEBRASKA LEGISLATURE

LINCOLN — Forces on both sides of the abortion issue are girding for a likely special session of the Nebraska Legislature later this summer if, as expected, the U.S. Supreme Court strikes down Roe v. Wade.

Many uncertainties lie ahead, however, including whether a special session will even be called if the high court removes the legal right to abortion. If a special session is called, it’s expected to happen in late August or early September.

A few key questions remain: Will Roe v. Wade be struck down? Are there enough votes in the Legislature to pass a ban on abortion? What kind of bill will be introduced?

The leaked draft of the Supreme Court opinion would remove the legal right to abortion. Commentators have noted that such drafts can change and it is possible the eventual Supreme Court ruling won't be as sweeping as the draft appeared to be.

If Roe v. Wade is struck down, the Legislature will likely filibuster an abortion ban in the state which requires 33 votes from the 49 members.

Sandy Danek, executive director of Nebraska Right to Life, said a bill is being planned that would not include certain exceptions for cases of rape or incest.

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NEBRASKA SUPREME COURT RULES IN FAVOR OF A MEATPACKING WORKER FIRED DURING THE PANDEMIC

LINCOLN - The Nebraska Supreme Court on Friday, May 20 reversed a lower court’s opinion denying several weeks of unemployment benefits to a packinghouse worker who said he refused to take on additional duties of a colleague absent with COVID-19.

The ruling centered on whether Saied Badawi’s actions leading up to his termination from JBS Swift Beef amounted to misconduct, which could disqualify him from 14 weeks of unemployment payments.

"Competent evidence" to support the finding that Badawi had committed misconduct was not provided by the employer, according to the high court's 18-page decision.

“At best, this record shows only that because of the COVID-19 pandemic, fewer employees were able to work at JBS. … Badawi refused the order to perform both jobs because he thought he was not physically capable of doing so. And the record shows that both before and after Badawi’s discharge, the two jobs were performed by two individuals rather than one.”

Director of the Nebraska Labor Department, John Albin, was listed as the defendant in the lawsuit because the department handles unemployment benefits.

Albin said the Labor Department was pleased with the high court's decision as it affirmed procedural matters the department favors; specifically that the burden of proof for misconduct lies with the employer in such cases of denied benefits.

“We really didn’t have a big stake in the determination of whether or not the individual was entitled to benefits,” Albin said.

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ARMENDARIZ EDGES JACKSON IN CLOSE PRIMARY RACE TO ADVANCE IN OMAHA'S DISTRICT 18

LINCOLN — After counting all remaining ballots, the Douglas County Election Office said Friday, May 20 that Christy Armendariz has unofficially won the right to face off with Michael Young in the November election in northwest Omaha’s 18th legislative district.

Armendariz beat Clarice Jackson by 21 votes after provisional ballots were counted Friday, according to Election Commissioner Brian Kruse.

Young led with 2,498 votes. Armendariz received 2,397 votes, besting Jackson's 2,358.

“It appears that we’re headed for a recount,” Kruse said.

If the difference between candidates is less than 1% of the total votes for the top vote-getter, state law requires a recount. In this case, 1% is equivalent to 25 votes. Kruse added that a candidate can always refuse a recount.

The current representative in District 18, State Sen. Brett Lindstrom, endorsed Armendariz. Additionally, Kirk Penner of Aurora, a member of the State Board of Education, endorsed Armendariz. Jackson was endorsed by Omaha Mayor Jean Stothert, U.S. Rep. Don Bacon, and State Sen. Lou Ann Linehan.

Young, who runs an art gallery and tech company, was endorsed by the state teacher’s union, State Sen. John McCollister and the Omaha Federation of Labor.

Kruse said the vote totals are not official until the county and state canvassing boards certify them on June 6.

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PILLEN SAYS HIS CAMPAIGN FOR NEBRASKA GOVERNOR IS 'INVIGORATED'

LINCOLN - Jim Pillen, the hog producer and University of Nebraska regent who won a bitterly contested GOP primary for Nebraska governor, has been striking a different chord in ads lately — but he says the campaign’s strategy remains the same.

“We are very, very invigorated, and very humbled by the support of the Nebraskans across the state,” he said, adding that the campaign will be ramping up again soon and will work hard to “bring Nebraskans together.”

During the primary, much of the campaign's ads emphasized national, hot-button issues. He sounds noticeably different in his most recent ad: "I’m Jim Pillen, and I love Nebraska. I love Nebraska steaks and Dorothy Lynch dressing. I love football Saturdays, where we always sell out. Nebraskans don’t care about what you look like, we care about each other.”

His increased focus on a "we are Nebraska" attitude was on display during an interview Friday, May 20, as well.

“We need every single one of us, all together, so that we can grow Nebraska and that we can meet the challenges,” he said. “This is the best place in the world to live, I want to make sure it’s that way for our grandbabies and future generations.”

He said they will try to be more "measured" now in comparison to their campaign pace, but the grassroots strategy will remain.

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DON BACON, TONY VARGAS TURN ATTENTION TO FALL SHOWDOWN FOR NEBRASKA'S 2ND DISTRICT

OMAHA — Two men who have each won multiple elections in Nebraska will face off this fall in Nebraska's 2nd Congressional District.

Republican Rep. Don Bacon is seeking his fourth term in Congress. His opponent, state Sen. Tony Vargas, has served on the Omaha Public Schools board and has been elected to the Nebraska Legislature twice.

Both candidates are touting their ability to reach across the aisle to pass legislation. The two lawmakers have long voting records for voters and each other to dissect and analyze in the coming months.

The May 10 primary election results have pitted the two against each other with both taking aim at one another in recent statements.

Bacon said Vargas would be "a rubber stamp for Speaker (Nancy) Pelosi and President (Joe) Biden."

Vargas said Congress isn't working for Nebraska families and votes from Bacon are making it harder for families to get by.

A Creighton University political science professor, Richard Witmer, said the 2nd District will likely be the most competitive race on Nebraska's general election ballot.

Many races in the 2nd District have been competitive despite Republicans having held the 2nd District for 34 of the past 42 years, giving Bacon an advantage.

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POLITICAL PARTIES' RULES CREATE CONFUSION OVER BALLOT OPTIONS FOR NEBRASKA NONPARTISANS

LINCOLN- A Nebraska state law with the intent of keeping poll workers from inappropriately steering nonpartisan voters has actually kept some voters from understanding their ballot options during elections.

In Nebraska, the Republican Party allows only party members to vote in its primary elections for state offices. The Democratic Party and third parties, by contrast, do allow nonpartisans to vote in their primary elections for state-level offices. But nonpartisans must request the party ballot they want.

If nonpartisans don’t request a specific ballot when they sign in to vote, they are handed a ballot that includes no competitive, partisan primary races.

It is up to the individual to select which ballot they will receive, this is mentioned in a notice with all the options. The notice explains that nonpartisan voters can request a ballot for the Democratic, Libertarian, or Legal Marijuana Now Parties, which include candidates for state and federal office. The nonpartisan Republican ballot includes only candidates for federal office.

State law bars poll workers from suggesting which ballot nonpartisans should request, for fear they might influence election outcomes.

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FIRST HEARING IN SLAMA-HERBSTER LEGAL FIGHT WILL WAIT UNTIL JUNE 14

OMAHA- The first court hearing in the legal action between State Sen. Julie Slama and businessman Charles Herbster is now scheduled for 2 p.m. on June 14.

The hearing, originally set for June 3, also has been moved from Tecumseh to Beatrice, home base of Johnson County District Court Judge Ricky Schreiner.

Lawyers for Slama and Herbster agreed to the date and location changes, based on a document filed late last week in Johnson County District Court.

This hearing will address a series of motions Herbster’s lawyers filed contesting parts of Slama’s counter-lawsuit, as well as Slama’s push to depose Herbster with little delay.

It will also address the Slama legal team’s objections to Herbster’s motions.

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NEBRASKA GOP STATE CONVENTION RETURNING TO KEARNEY

KEARNEY- The Nebraska Republican Party is set to host its state convention in Kearney.

The NEGOP announced on Tuesday that it is hosting the convention at the Younes Conference Center South on July 8th and 9th. The convention happens in even-numbered years and serves as a chance for party leaders to discuss policy positions and pass resolutions. The event is attended by delegates and alternates who are elected by county parties. Republicans who are not delegates may apply to attend.

The list of featured speakers includes Gov. Pete Ricketts, gubernatorial candidate Jim Pillen, and Dist. 1 Representative Candidate Mike Flood.

The contention is returning to Kearney as the city also hosted the convention in 2020, prior to the pandemic.

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TURNOUT IN COUNTIES WITH ALL-MAIL ELECTIONS FAR EXCEEDS STATEWIDE AVERAGE

LINCOLN- Voter turnout in Nebraska counties that conduct elections exclusively by mail reached 55% during the May 10 primary, exceeding the overall voter participation rate of 33.3%, an analysis of the results shows.

Eleven of the ninety-three counties decide to go all mail ballots this year, in 2018 only four counties participated in this form.

For the 2022 primary, some 57.5% of voters in Knox County returned a ballot, a turnout 13% higher on average than its surrounding counties.

Other counties that deployed the vote-by-mail model this year also saw greater success, on average, than surrounding counties where voters still went to the polls.

Boone County (61.7% turnout) reported a turnout 21.6% higher, on average than the six counties that surround it, while Morrill County (54.7% turnout) in the Panhandle saw a turnout 20.4% higher than its surrounding counties.

Sarah Robinson, the county clerk and election commissioner in Boone County said the county gradually transitioned to mail-in elections beginning in 2008 when several precincts lost country schools and churches as polling places.

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NEBRASKA SETS ALL-TIME RECORD FOR GAS PRICES

LINCOLN- Nebraska is witnessing the highest gas prices the state has ever seen. 

According to AAA, the average price of a gallon of regular unleaded gas hit $4.11 on May 17th, breaking the previous record set in July 2008. Gas in the state is 30 cents more expensive than it was a month ago and $1.22 higher than it was a year ago.

Both the state and local prices for diesel fuel had already set records earlier this month.

Experts say the high gas prices are largely due to the price of oil, which is hovering around $110 a barrel.

“The high cost of oil, the key ingredient in gasoline, is driving these high pump prices for consumers,” Andrew Gross, an AAA spokesperson, said in a Monday news release.

Gross said that the price is likely to continue increasing,  thanks to the switchover to summer fuel blends and the coming summer travel season. 

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RICKETTS SAYS HE WOULD SUPPORT ABORTION BAN, INCLUDING IN CASES OF RAPE OR INCEST

LINCOLN- Gov. Pete Ricketts voiced support for an abortion ban in Nebraska, including in cases of rape and incest, and repeated his intent to call a special legislative session to take up the matter if the U.S. Supreme Court overturns Roe v. Wade. 

Speaking on CNN’s State of the Union on Sunday morning, Ricketts said Nebraska would take “further steps to protect those preborn babies” if the court strikes down Roe, which the governor called “a horrible constitutional decision,” according to a transcript of the interview.

Host Dana Bash then asked the Nebraska governor if that would apply to cases of rape or incest.

“They’re still babies, too,” Ricketts said. “Yes, they’re still babies.”

Ricketts reaffirmed his commitment to work with Speaker of the Legislature Mike Hilgers to call a special session on abortion if Roe is overturned.

“Nebraska is a pro-life state. I believe life begins at conception. And those are babies, too,” Ricketts said Sunday.

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'THE BIGGER PANDEMIC'- NEBRASKA IS IN A MENTAL HEALTH CRISIS, BUT MANY ARE STRUGGLING TO FIND CARE

LINCOLN- Many Nebraskans are struggling to reach mental health care due to a lack of providers and never before seen demand for the services. 

Nearly 1 in 5 Nebraskans has a diagnosable mental health or substance use disorder, a number some experts say may grow in the wake of the COVID-19 pandemic and the illness, isolation, grief, and trauma it brought with it. Neurological problems linked to the coronavirus and "long COVID" have also raised concerns.

At Bryan Health, online behavioral health screenings were up 17% in 2021 compared to three years ago. Meanwhile, CenterPointe, which offers outpatient and inpatient addiction and mental health treatment programs in Lincoln and Omaha, served nearly 4,270 people in the 2020-21 fiscal year, a 26% increase from 2019-20. 

"It is the bigger pandemic," CenterPointe CEO Topher Hansen said. "It's a little quieter, but it's huge out there, and it's not necessarily resolving in the same way. You can't get a vaccine for that."

While the number of behavioral health providers has increased in the past decade, Nebraska's supply of workers is struggling to meet demand, especially in rural areas. 

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AWARDING $115 MILLION TO 'SHOVEL-READY PROJECTS' MAY TAKE SOME TIME

LINCOLN — The shovels are ready for more than $300 million worth of construction projects disrupted by the COVID-19 pandemic, but the state funding authorized for these so-called “shovel-ready” projects may take a while.

Some applicants are now wondering if recent changes in the program might mean they won't be getting funds. Final decisions about who gets ARPA grants will be made by DED Director Tony Goins.

As part of its allocation of $1 billion in federal funds from the American Rescue Plan Act, the Nebraska Legislature set aside $100 million for qualified nonprofit groups whose planned museums, sports complexes, and other projects linked to arts, recreation, and the humanities were interrupted by the pandemic. 

The $100 million was in addition to $15 million in state funds approved a year earlier in Legislative Bill 566, the Shovel-Ready Capital Recovery and Investment Act.

But the main sponsor of the shovel-ready legislation, State Sen. Mike McDonnell, urged patience to those concerned applicants. In a recent interview, McDonnell said the Nebraska Department of Economic Development is still working through hiring staff and adopting rules.

“It’s not going to happen as quickly as some people expected,” McDonnell said, noting that the legislative session ended only a month ago. “We’re asking for patience.”

One thing is for sure — there won’t be enough money to meet all the requests.

Last summer, 125 applicants submitted proposals seeking a total of nearly $335 million in grants — well over the $15 million then available and nearly three times the $115 million now available through the shovel-ready program.

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GOLFING LEGEND JOINS UNMC OFFICIALS IN DECLARING 'WAR' ON PANCREATIC CANCER

OMAHA — Golf legend Gary Player joined officials of the University of Nebraska Medical Center on Tuesday, May 17 in “declaring war” on pancreatic cancer.

We’ve got to have perseverance. We can’t say ‘can’t.’ We have to believe we can do something,” said Player, who lost his mother to cancer at age 9 and lost his wife to pancreatic cancer.

Jeffrey Gold, UNMC Chancellor, said many diseases have been conquered but pancreatic cancer has eluded effective ways to detect it early and treat it effectively.

“We are officially declaring a state of open warfare today," Gold said. 

Pancreatic cancer is the third leading cause of cancer deaths in the United States and is among the most lethal and aggressive forms of cancer. Roughly 62,000 new cases are projected in 2022 with a five-year survival rate of 5.1%. The survival rate is 1.8% for patients whose cancer has spread to other organs.

Gold said UNMC will continue to focus on early detection, more effective treatments, and preventative measures for pancreatic cancer. These increased efforts include an additional $15 million in research funds for UNMC's pancreatic cancer program, an amount expected to be met by private donations. 

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NEBRASKANS LAG COUNTRY IN USE OF SEAT BELTS, EVEN AS FATAL WRECKS INCREASE

LINCOLN — Nebraskans are lagging the nation in using seat belts while driving, which officials said Thursday has contributed to a 30% increase in highway fatalities.

Only 81% of Nebraskans buckle up, making the state 47th in the country in the use of safety belts. The national average is 90%.

“It’s a two-second action that can significantly increase your safety,” Col. John Bolduc, the superintendent of the Nebraska State Patrol, said about putting on a seat belt.

The Patrol announced a stepped-up enforcement effort, "Click It or Ticket," to increase seat belt usage on Thursday, May 19.

Due to the number of fatal accidents, Bolduc said the summer driving season is oftentimes referred to as "the 100 deadliest days."

According to John Selmer, director of the Nebraska Department of Transportation, Nebraska had fewer deaths in 2021 from highway crashes than in 2020, contrary to a national trend.  

But in 2022, fatalities are up more than 30%, Selmer said, mirroring the national trends. Through April, 84 people have died on Nebraska highways, compared with 61 traffic fatalities in the same period a year ago. 

Seat belt usage reduces the chances of dying in an accident by 45%, officials said.

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FINAL CONSIDERATION OF STATE'S LARGEST CATTLE FEEDLOT IN DUNDY COUNTY DELAYED AGAIN

LINCOLN — Consideration of what may become the state’s largest cattle feedlot has been postponed until June 6.

The final approval of the Blackshirt Feeders' 100,000-head feedlot was postponed by the Dundy County Board after discovering a public notice of the meeting hadn't been published in time to allow consideration during the board's meeting on Monday.

Blackshirt Feeders' proposal has been controversial due to its large size and potential impact on groundwater quantity and quality in Dundy County, located in the furthest southwest corner of Nebraska.

Eric Behlke, one developer of the feedlot, has assured local officials that the feedlot will meet all local environmental and water regulations. 

The $65 million Blackshirt project would employ 85 workers and require up to 10 million bushels of corn a year. 

Six nearby irrigation wells would have to be retired to obtain enough water for the feedlot. 

In February, the Dundy County Planning Commission unanimously recommended approval of the Blackshirt project- contingent on 13 conditions, including obtaining approval of water rights from the local natural resources district, devising a dust and fly mitigation plan and giving nearby residents 24-hour notice if manure is to be land applied. 

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