NEBRASKA SENATORS ADOPT RULES THAT WILL GOVERN THE LEGISLATURE FOR THE NEXT TWO YEARS

LINCOLN- Nebraska senators adopted permanent rules for the 108th legislative session after a nine-hour committee hearing last week sorting through 58 proposed changes. The committee chairman, Senator Erdman, said, "I believe the rule committee treated every introducer, every testifier with respect. I hope that was the case, that was our intent. A lot of those rules had a lot of thought and input and I believe they all deserved to be heard and we did that.” 

Out of the more than 50 ideas, Erdman brought just seven changes out of committee to the full body. The list didn’t include any of the more controversial changes discussed in committee, like a proposal to make senator's votes for committees public instead of by secret ballot and a change that would ban media from attending executive sessions. Instead, what was brought were largely administrative changes that were nearly unanimously agreed on.

The most debated bill on the list of seven that survived the rules committee changed the speaking order after a motion to indefinitely postpone a bill is made. This type of motion suspends all further activity on a bill, unless it can survive a supermajority vote. In previous rules, the senator who makes this motion is able to speak on the bill before the bill’s proponent has a chance to introduce the bill. Many of the legislature’s more conservative members supported this change, saying senators have used the motions too often. Senator Lou Ann Linehan said she’s had bills fall victim to IPP motions, including bills she has worked on for years. 

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SENATORS INTRODUCE PARENTAL 'BILL OF RIGHTS' PROPOSAL TO ENSURE PARENTAL CONTROL OVER EDUCATION

LINCOLN- State Sen.Dave Murman, who promised to introduce a bill that would give parents more control over what's being taught to their children, introduced LB374, which is formally called the "Parents' Bill of Rights and Academic Transparency Act." Murman claimed that he wanted parents to be the "ultimate decision-makers" for their children, prompting him to build LB 374. "The bill is to guarantee that they know what's in the curriculum, in the library, and what's being taught, so they can control what's being taught," said Sen. Murman.

When questioned, Senator Murman could not identify any specific examples of how parents were being denied information about what public schools were teaching their children, but claimed he's seen several school books in Nebraska schools he considered to not be "age appropriate." Sen. Carol Blood called the bill a "solution in search of a problem."

Sen. Lynne Walz, a former fourth-grade teacher, agreed with Sen. Blood, stating that any problems could be dealt with by a local school board. Sen. Murman's LB374 is patterned after similar bills introduced in Florida, Kansas, and Missouri, as well as a bill introduced in the U.S. Senate by Sen. Josh Hawley.

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ACLU CONDEMNS 'DRAG' SHOW PROPOSAL AS PART OF NATIONAL EFFORT TO 'PUSH LGBTQ+ PEOPLE OUT OF PUBLIC LIFE'

LINCOLN- Legislative Bill 371, which was introduced last Thursday by Sen. Dave Murman, would block minors from attending drag shows if passed. On top of that, the bill also establishes fines of up to $10,000 for any businesses allowing under-aged persons to attend drag shows. In response to this, Jane Seu, legal and policy counsel for the ACLU of Nebraska, stated, "Let's call this what it is--an unconstitutional censorship rooted in a coordinated national effort to push LGBTQ+ people out of public life."

Sen. Murman's bill comes right after similar bills banning minors from attending drag shows were introduced in several states, including Missouri, Arizona, and Texas. Proponents of drag shows argue that they are harmless, fun entertainment, while critics say that they involve "perverted" and "hyper-sexualized" adults trying to sexualize young people.

Shortly after the bill was introduced, State Sen. Megan Hunt, the first openly LGBTQ candidate elected to the Nebraska Legislature, filed a motion to kill the bill. Alongside Sen. Hunt, the ACLU argued that LB371 would be a violation of free speech, claiming that "drag is a visual expression and creative celebration of LGBTQ+ culture."

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PILLEN TOUTS 'HISTORIC' PACKAGE OF TAX CUTS, SAYING 'WE HAVE TO COMPETE BETTER' WITH OTHER STATES

LINCOLN- In a week full of large announcements from Governor Pillen added another large announcement. He unveiled his historic tax cut plan that aims to make the state very competitive with surrounding states. The package includes a gradual reduction in state personal and corporate income tax rates to a flat 3.99% and a shift in the funding of community colleges off property taxes.

It also would adopt a new way of valuing agricultural property based on the land’s income-producing potential and would limits increases in ag land valuations for tax purposes. In addition, state lawmakers will be asked to accelerate, and make immediate, the elimination of state income taxes on Social Security. Last year, the Nebraska Legislature passed a bill to phase out such taxes over a period of years.

“We in Nebraska have to compete better with our neighbors. That’s really a key piece,” Pillen said at a press conference with several state senators standing behind him. The newly elected governor said that the tax cuts, which amount to $720 million in income tax reductions alone, would place the state among the 15 lowest nationwide in taxing income, as calculated by the Tax Foundation’s business climate rankings. Several have dubbed the plan as bold.

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SENATOR SAYS BILL LURING SEMICONDUCTOR PLANT TO NEBRASKA WOULD HAVE BIGGEST ECONOMIC IMPACT 'SINCE CORN'

LINCOLN- Senator Mike McDonnell introduced LB616 which urges Nebraska to join the federal push to increase semiconductor production within the states. The benefits could be enormous according to the senator. It could create more than 4,700 jobs paying an average of $84,500 per year.

LB616 would authorize the state to match any federal funds that semiconductor manufacturers locating in Nebraska obtain under the federal CHIPS for America Act. “This legislation has the potential to have the biggest economic impact to the State of Nebraska since corn,” McDonnell said.

The federal CHIPS act, signed into law by President Joe Biden in August, allocated $54.2 billion to help build chip plants in the U.S. In response, several states, including Michigan, Tennessee and Ohio, have passed, or are in the process of passing, financial incentives to lure factories to their states. Senator McDonnell believes Nebraska must make itself a potential site.

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BILLS WOULD REQUIRE IN-PERSON VOTING, IDENTIFICATIONS FOR NEBRASKANS

LINCOLN- In just a few short months, Nebraskans may no longer be able to cast early votes and would have fewer options for voter identification under two new legislative bills. Legislative bill 228 would require in-person voting in primary and general elections, save for military personnel or nursing home residents, and also require all votes to be counted on Election Day.

Similarly, legislative bill 230 would implement a voter-approved constitutional amendment requiring valid photo ID for voting. The bill specifically outlines the usable IDs, and includes a driver's license, state identification card, U.S. passport, or tribal ID. However, despite the more restrictive nature of this bill, LB230 would also allow voters to cast provisional ballots if they don't have an ID with them, but must present a valid ID within a week of Election Day.

State Sen. Steve Erdman, who introduced both bills, stated that he wasn't certain if voter fraud was present in Nebraska, but claimed there was enough suspicion to warrant legislation. "Even if there isn't a problem," he said, "why wait until you have a problem to figure out what the solution may be?"

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AFTER ORGANIZATIONAL BATTLE, LINCOLN SEN. CONRAD TURNS TO LEGISLATIVE PRIORITIES

LINCOLN- Sen. Conrad, who was elected this year to Nebraska's Legislature after leaving in 2015, said she's disappointed with the swing toward partisanship the body has seen over the past few years. Similarly, Conrad indicated that she was dismayed by a decision to not honor her request to rejoin the Appropriations Committee, which she previously served on for eight years. "It's disappointing, but not surprising," she said. 

However, despite these setbacks, Sen. Conrad was elected to the Education and Government and Military Affairs Committee, putting her right in the middle of fierce battles over state school aid and voter ID. Conrad went on to highlight her goals during this session, including championing working families, advocating for civil rights and liberties, and doing what she can to protect the nonpartisan nature of the Legislature. 

More specifically, Conrad wants to build for Nebraska a more robust child tax credit to "make sure working families have more resources to succeed." Sen. Conrad also expressed interest in protecting voting rights, reproductive rights, and passing criminal justice reform. Conrad stated that she is also looking forward to working with newly-elected Gov. Pillen, who she says has been participating in "meaningful, frequent, and authentic" dialogues with Democratic members of the Legislature. 

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NEBRASKA ANTI-ABORTION SENATORS PROPOSING 'HEARTBEAT' BILL

LINCOLN- A bill expected to be introduced this week by a coalition of anti-abortion senators would give pregnant mothers just six weeks to decide to terminate their pregnancy, instead of the current 20 weeks. More specifically, the bill seeks to ban all abortions after an ultrasound can detect a "fetal heartbeat," which is specified as a "steady and repetitive rhythmic contraction of the fetal heart within the gestational sac." 

Under the expected bill, doctors who perform abortions after a heartbeat is detected by ultrasound will lose their medical licenses, and will also be penalized for not performing an ultrasound. State Sen. Joni Albrecht, the bill's sponsor, said she would have preferred to propose a ban with many fewer exceptions, but a similar bill lost by two votes last session. 

Albrecht and other proponents acknowledged the political reality of recent polling that indicated a majority of Nebraskans favor neither extreme on abortion, prompting less severe legislation. "I know that in Nebraska, after bringing the trigger bill that we did, I knew that I had to be open-minded to some movement," said Albrecht, "I'm listening to Nebraskans."

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NEBRASKA SENATORS FINALIZE COMMITTEES AFTER SPEAKER THREATENS TO SUSPEND RULES

LINCOLN- After an intense battle over what some senators called "partisan assignments", the Nebraska Legislature's committee make-up was finally sealed on Monday after Speaker Arch motioned to suspend several rules in order to finalize the assignments. During the drawn-out debate over the adoption of the Committee on Committee's report, which would finalize committee assignments with 25 votes, Speaker Arch said the Legislature had entered "no man's land," and fought to either finalize the assignments or redo the whole process.

In response to Speaker Arch's attempt to suspend the rules, Sen. Danielle Conrad said he used that tactic to "stifle debate, to end dissent, to perpetuate a pattern and practice of my way or the highway no matter the precedent." Motions to suspend the Legislature's rules are often used when the body is faced with pressing issues, like the recent Covid-19 pandemic or the 2019 flooding in western Nebraska.

Sen. John Cavanaugh shared a similar sentiment to Conrad's, saying, "When you cut down the rules that protect everyone, you are no longer afforded the protection of those rules. That is why this conversation is so dangerous right now. The rules are here to protect everyone. The rules are meant to be used by all people equally."

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NEBRASKA'S COVID CASES REMAIN LOW

LINCOLN- The number of Covid-19 cases in Nebraska remained low compared to previous weeks, but the new subvariant being found in eastern states has been confirmed in Nebraska. In Nebraska, COVID case numbers dropped last week. The state recorded 1,420 new cases last week, down 18% from the week before, according to figures from the CDC.

Cases are uniformly low throughout the upper Midwest, in the mountain states and into the Pacific Northwest. But they’re much higher in the East and South, where hospitalizations also are rising. Those increases are largely being attributed to a rapid increase in the new subvariant called XBB.1.5, which the CDC says now dominates in the Northeast. It was recorded in Nebraska in the final week of 2022.

Dr. James Lawler, a co-executive director of the University of Nebraska Medical Center’s Global Center for Health Security, called XBB.1.5 a “pretty significant upgrade for the virus in terms of transmissibility” compared to previous variants. “It’s important for folks to recognize that the viruses we’re dealing with now are very different than the viruses we dealt with early in the pandemic,” Lawler said. 

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ADRIAN SMITH LOSES BID FOR HOUSE WAYS AND MEANS CHAIRMAN

WASHINGTON D.C.- Rep. Adrian Smith lost his bid for the chairmanship of the powerful House Ways and Means Committee as Rep. Jason Smith of Missouri was chosen to fill the coveted leadership position. Adrian Smith finished third on the first ballot and Jason Smith, a close ally of new House Speaker Kevin McCarthy, was selected in a subsequent two-candidate second ballot.

In addition to the two Smiths, Rep. Vern Buchanan of Florida was a candidate for leadership of the key committee that holds jurisdiction over tax, trade, Social Security, Medicare and other key legislation. The selection was made by the House GOP Steering Committee, a panel of about 30 Republican lawmakers that includes the Republican leadership. 

Rep. Adrian Smith has been Nebraska's 3rd District representative since 2007. Rep. Smith is a former member of the Committee on Ways and Means. Rep. Smith has also been on the Trade and Health Subcommittees over his fifteen-year tenure in Washington D.C. 

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LENGTHY LIST OF SOUTH AND NORTH OMAHA GRANT PROPOSALS WHITTLES TO 35

OMAHA- A year of debate helped launch a whopping $335 million law aimed largely at uplifting North and South Omaha, but only 35 recommended grant winners are receiving funds from a pool of 367. Among the small list of winners, which were picked out by the Nebraska Legislature, is a group seeking to renovate the "Plaza de la Raza" on South 24th Street and another looking to create a 100-acre Sankofa Innovation District on North 16th Street.

The grant winner, who were chosen because they are believed to bring the most long-lasting economic growth, are sharing grants totaling around $225 million. The remaining balance of the $335 million given to the state through the Economic Recovery Act program is already earmarked for specific projects, including a business park near Eppley Airfield and affordable housing in North Omaha.

Although only 35 businesses and corporations were chosen, Sen. Justin Wayne, who chaired the committee through which the funds were allocated, called the investments historic for disadvantaged communities. "For North and South Omaha, these state and federal dollars are truly a once-in-a-lifetime opportunity to address the long-standing social and economic challenges that have persisted for generations," said Sen. Wayne.

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PILLEN NAMES FIRST WOMAN TO LEAD NEBRASKA DEPARTMENT OF TRANSPORTATION

LINCOLN- Last Friday, Governor Jim Pillen named Vicki Kramer as the next director of Nebraska's Department of Transportation. Kramer will be the first woman in state history to hold the title. Gov. Pillen, in a press release, stated that Kramer brings "broad experience from both the private and public sector" of the job. 

Kramer has been working as chief of staff for infrastructure markets and strategy for Kiewit Infrastructure Engineering, and before that worked at the Nebraska Department of Transportation as communication director, public policy director, and strategic adviser to the DOT director. 

Kramer will be replacing John Selmer, who retired as the NDOT director last month after serving in that capacity since 2021. Former NDOT Director Kyle Schneweis said Kramer will be "exceptional" in her new role, and that "She will continue to modernize the department and work to achieve its goals."

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GOV. PILLEN TAPS FORMER GOV. PETE RICKETTS TO SUCCEED BEN SASSE IN SENATE

LINCOLN- Gov. Pillen appointed his predecessor Gov. Ricketts to the vacant senate seat that was held by Senator Ben Sasse. Senator-designate Ricketts only spent one full week out of the political realm before assuming the role of Senator. Gov. Pillen said, "My job … was to find the best person to represent us, and the process for me has been really, really important."

Gov. Pillen said Ricketts was the most qualified for the role and also had the most seniority. The interview process contained 111 applicants and was boiled down to 9 who were interviewed. Among them: former State Sen. Brett Lindstrom, Pinnacle Bank Chairman Sid Dinsdale, Nebraska Chamber of Commerce President Bryan Slone and lawyer Ann Ashford. Gov. Pillen said he did the interviewing himself and did not interview with any Democrats.

“We took this process incredibly seriously,” Pillen said. “The criteria for me were really, really simple. The appointee needs to represent us as a people.” Gov. Pillen said Ricketts hits all the criteria areas with flying colors. Ricketts credited Sasse for his service, including his efforts to help to get conservative judges confirmed. He said he looks forward to working with and learning from Sen. Deb Fischer.

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NEBRASKA'S FARMLAND PRICE NOW AVERAGES $12,000 PER ACRE FOR HIGH-QUALITY LAND

LINCOLN- The value of land in Nebraska continues to tick upward as commodity markets aid the increases. Within the state,  the average sale price for an acre of high-quality irrigated land has reached $12,000. That’s a $2,000 increase from a year ago and a $3,500 increase from two years ago. Some farmers say irrigated land can go for as much as $14,000 on average.

Paul Schadegg, a Farmers National vice president, and state agriculture experts cited strong commodity prices as a main factor for high land values. Corn and soybeans aren't at their peak prices, but they are far from their low prices. “The commodity markets are, without a doubt, the main driver in the land market in general,” Schadegg said. 

Schadegg said the threshold for what qualifies as high-quality land depends on the region of the state. Across all regions, above-average soil quality and topography are factored into the category. In central and western Nebraska, irrigation also is factored in. Well quality and water availability also are considered in western Nebraska. Schadegg classified eastern Nebraska land as the best in the state.

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SENATOR PROPOSES TO BLOCK REPORTERS FROM EXECUTIVE SESSIONS IN THE NEBRASKA LEGISLATURE

LINCOLN- State Senator Steve Erdman is launching another effort to bar reporters from covering discussions and actions taken during executive sessions of Nebraska legislative committees. Under current legislative rules, reporters are allowed to attend the closed-door executive sessions of committees so they “may report on action taken and on all discussions in executive session.” In these sessions, lawmakers debate whether or not bills will advance to a full debate on the floor. 

A similar proposal was made two years ago but failed to make it to the governor's desk. Senator Erdman cited county and school boards that do not allow media in their executive sessions as a reason for its transition into the legislature. Senator Erdman said the media has an advantage over the public when they are allowed into these sessions. 

A Nebraska media representative said executive sessions at the Unicameral are much different from those for local governing boards, where closed-door sessions are allowed only for delicate subjects, such as labor negotiations or firing an employee. Rose Ann Shannon, president of Media of Nebraska, said barring news media from reporting on routine actions within exec sessions is the wrong move at a time when distrust in institutions is on the increase.

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VETERAN HEAD OF POLITICAL ACCOUNTABILITY COMMISSION TO RETIRE IN AUGUST

LINCOLN- Frank Daley Jr., who has been executive director of the Nebraska Political Accountability and Disclosure Commission since 1999, has announced that he will retire in August. Daley will be 69 in August and feels it is time to look at others items and areas of his life. Daley said, “I’ve had the opportunity to watch the Legislature, which I admire, in action year after year." 

Daley said he has always been fascinated by his job and the legislature. The ability of a body to come in once a year and complete everything you need to do is something Daley admired. “It’s pretty impressive, compared to the complete dysfunction in Washington, D.C.,” Daley said.

The Accountability and Disclosure Commission oversees campaign finance disclosure, lobbying, statements of financial interest and conflicts of interest at the state and local levels. It can impose civil penalties for violations of state campaign laws. Daley's successor will be discussed at the next Nebraska Political Accountability and Disclosure Commission meeting. 

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NEBRASKA SUPREME COURT HEARS 'LANDMARK' CASE OF EVICTED TENANT

LINCOLN- This week the Nebraska Supreme Court began hearing arguments of a case that looks at whether Nebraskans being evicted from their homes have a constitutional right to a jury trial. Legal Aid of Nebraska and Nebraska Appleseed have dubbed the case a "landmark case", and they are sharing the role of representing the tenant, Teresa Holcomb, against NP Dodge. 

NP Dodge has asserted that Holcomb violated a clause about crime-free housing by threatening to attack two other residents in a common area. The Legal Aid and Appleseed team have argued that Holcomb deserves a jury trial to determine whether her “words of frustration” violated the clause. The appeal to the Supreme Court followed a decision by a Douglas County District judge who upheld a county court’s ruling allowing NP Dodge to evict Holcomb from a South Omaha apartment complex. 

An Appleseed lawyer said eviction proceedings are “extremely fast” and that a jury trial would offer more opportunity for tenants to present a defense. Attorneys from Legal Aid want the focus to remain on evictions. “There was a lot of talk about the eviction process when the pandemic began, but this has been — and will continue to be — an issue throughout the state regardless of the pandemic,” the Legal Aid lawyer said. 

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GOVERNOR PILLEN APPOINTS FORMER GOVERNOR RICKETTS TO U.S. SENATE

LINCOLN- Newly inaugurated Governor Pillen gathered with nearly every Republican in state government on Thursday morning to appoint former Governor Pete Ricketts to the U.S. Senate. Senator-designate Ricketts takes over for Senator Ben Sasse who has accepted the role as the next President of the University of Florida. It has only been a total of seven days since Ricketts left his post as Governor on January 5th.

Governor Pillen briefly spoke about the decision process used to fill the role. There were a total of 111 candidates that were boiled down to nine candidates that were then interviewed by Governor Pillen. The interview process began in early December and once the inauguration was complete, interviews were completed in a three-day span. Pillen added that it was important to him that whoever filled the role had seniority, but would also aid the state GOP in the 2024 and 2026 elections. "Only in the great state of Nebraska can you have a pool of 111 people and only be able to boil it down to nine," said Governor Pillen.

Senator-designate Ricketts thanked Governor Pillen and said he was happy to support him in his gubernatorial campaign process. He thanked Senator Sasse for his years of service and commitment to Nebraska in Washington D.C. and wished him the best of luck at the University of Florida. Senator-designate Ricketts said he looks forward to working alongside Senator Deb Fischer and all his new colleagues in D.C. Senator-designate Ricketts did confirm that he will absolutely run in 2024 and 2026 as that is what Governor Pillen was looking for in the interview process.

When asked how he will compare to Senator Sasse, Ricketts said, "Senator Sasse was a very conservative vote and focused on getting conservative judges on the bench. I will be very similar in that nature and really on a lot of other issues. Conservatives will disagree on different issues but I can't think of one off the top of my head that we will be opposites on." Ricketts said he wants to focus on making Washington D.C. work for the people and hold bad policies accountable. He acknowledged that he has a lot of learning to do, but joked that Senator Fischer will help mend that void.

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BACKERS OF NEBRASKA CONSUMPTION TAX AMEND PROPOSAL, LAUNCH PETITION DRIVE FOR 2024 BALLOT

LINCOLN- Backers of a dramatic change in state taxation announced changes to their proposal as they launched a petition drive to place a “consumption” tax plan before Nebraska voters in 2024. Speakers at a press conference said that a tax on consumption would fix the state’s “broken” tax system, reduce cost by eliminating property tax-related offices, and make Nebraska a more attractive place to live.

“Our state has operated under a broken tax system since 1967,” said State Sen. Steve Erdman of Bayard, a leading proponent, referring to when the state first approved state sales and income taxes. The head of the Nebraska Chamber of Commerce, meanwhile, said that while the organization would look at the new changes in the proposal, a consumption tax has been clearly “unacceptable and dangerous” in the past.

The consumption tax idea, which has failed to advance in past years, would eliminate state income, sales and inheritance taxes, as well as the current state aid to K-12 education program, and replace it with a tax paid on all retail purchases. Senator Erdman said there are still many areas that need to be worked out, but assured that a large amount of time between now and 2024 will be sufficient to make decisions.

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