GOVERNOR PILLEN ANNOUNCES EDUCATION PRIORITY BILLS

LINCOLN- Governor Jim Pillen has been very clear that education is one if not the most important issue to him. Governor Pillen has called the education funding formula "outdated and unfair" and even appointed a new committee to study how the state should update it. This week, Governor Pillen announced his priority bills for the 2023 session.

The School Finance Reform Committee includes state senators, school administrators, organizations representing school board members and several farm advocacy groups. In a statement, Pillen said the committee would look for ways to update the Tax Equity and Educational Opportunities Support Act, what he referred to as "our antiquated school aid formula." TEEOSA considers a district's needs against its resources. When needs exceed resources, state funding is provided in equalization aid. 

Under the state aid formula's current iteration, fewer than 90 of the 244 public school districts receive equalization aid to help them meet their needs — including the state's largest school districts in Omaha, Lincoln, Millard and Grand Island — which has drawn criticism from Republicans and rural lawmakers.

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WITH THREATS AGAINST POLITICIANS RISING, GROUP SAYS IT'S TIME TO BAN GUNS AT NEBRASKA CAPITOL

LINCOLN- Nebraskans Against Gun Violence is in favor of removing the allowed open carry of firearms in the state capitol citing an increase in threats to those in the political realm. The group testified in support of the change at last week's legislative rules hearing. 

“In a time of increased political violence, including threats and actions, we are asking the Legislature to protect the state government of Nebraska from harm,” said Melody Vaccaro, executive director of the group. “Weapons, including guns, do not belong in political making bodies.” State Sen. Machaela Cavanaugh of Omaha proposed the change, telling the Legislature’s Rules Committee that she was “terrified” in 2020 when two men openly carried semi-automatic assault rifles in the Capitol. 

Currently, the open carry of firearms is permitted for anyone in Nebraska age 18 and older, unless prohibited by local government. Some areas, such as schools, are off-limits for open carry. Concealed weapons are banned in the building since the State Supreme Court has courtrooms in the building and concealed arms are banned in courtrooms.

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BILL WOULD REQUIRE LOCAL MASK MANDATES TO GET CITY COUNCIL OR COUNTY BOARD APPROVAL

LINCOLN - A new legislative proposal would take the power local health directors have in regard to mask mandates and place the decision in the hands of either their city council or county board. State Sen. Kathleen Kauth said she offered LB421 to make sure that people don’t panic and give up their rights as easily the next time there is a public health emergency in Nebraska. 

“Masks were the big one,” she said. “When you have someone who’s imposing those, that’s not acceptable because you can’t do anything about that. If the public is upset with an elected official, the first chance they take, there is a remedy for that.” LB421 would begin to involve local health boards, city officials, and NDHHS in health recommendation decisions. 

The bill also would require any directed health measure to be approved by the pertinent city council or county board. Much of Kauth’s frustration stems from the actions of Lindsay Huse, acting as health director for the City of Omaha, who enacted a COVID-19-related mask mandate in January 2022 without seeking the approval of the Omaha City Council. 

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BILLS WOULD BAN TRANSGENDER YOUTHS FROM SPORTS TEAMS, BLOCK GENDER ALTERATION PROCEDURES FOR MINORS

LINCOLN- Nebraska may be set to join at least 18 other states that have enacted bans on transgender youth participation on sports teams under a new bill introduced to the Legislature on Tuesday. LB575, or more formally the "Sports and Spaces" proposal, was introduced by Sen. Kathleen Kauth alongside 27 co-sponsors and seeks to limit the participation of transgender youth athletes to school-sponsored teams intended for their biological sex. "It just seems like common sense," said Kauth.

LB557 would also block biological males from entering girls' locker rooms and vice versa, and Sen. Kauth claimed that the bill would disallow "bigger, stronger, faster" biological males from playing girls' sports. Sen. Kauth, who was appointed to her seat by former Gov. Ricketts, also introduced the "Let Them Grow Act," or LB574, a bill that would block any gender alteration procedures prior to a person's 19th birthday. "We need to give kids a chance to think and grow," said Kauth in defense of LB574, "and get all of their physical development done and make these decisions when they're adults."

The ACLU of Nebraska was quick to criticize both bills following their introduction, claiming that they are "alarming acts of government overreach."  Currently, the Nebraska State Activities Association, which governs the state's school sports, has a process by which "bona fide" transgender students can play sports consistent with their gender identity. 

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STATE SENATORS APPEAR POISED TO ASK NEBRASKA VOTERS TO EXTEND LEGISLATIVE TERM LIMITS

LINCOLN- Around forty state senators have signed a proposed constitutional amendment that would allow lawmakers to serve a third consecutive four-year term in the Nebraska Legislature. The proposal, titled LR22CA, was introduced by Sen. Robert Dover, and has support from both sides of the aisle. If passed, the resolution would appear on the 2024 general election ballot. 

Dover, who was appointed to the Legislature last year to fill the seat vacated by Rep. Mike Flood, said the idea came to him after discussions with legislative staff, lobbyists, and current and former senators. "To a person, they said term limits took away from the consistency at the Capitol and that it wasn't a good thing," said Dover, "That's why I brought it forward, to fix something that needs to be fixed."

If passed, the measure would allow senators to serve for 12 consecutive years, as opposed to the current eight years. Several lawmakers supporting the resolution said they believe the change will result in better legislative outcomes over time. Dover went on to state that new senators often find themselves lost as they seek to learn the ins and outs of the unicameral, and that eight years isn't enough time to really build strong relationships with colleagues. 

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HOUSING NEEDS ASSESSMENT INFLUENCES MULTIPLE INCOMING BILLS IN NEBRASKA LEGISLATURE

LINCOLN- Multiple bills are in the works in the Nebraska Legislature following the release of Nebraska's 2022 Strategic Housing Framework, a 63-page report detailing the state's top housing needs and calling for 35,000 affordable housing units to be built by 2028. State Sens. Tony Vargas and Tom Briese led a briefing on the report last week, emphasizing the importance and urgency of this issue. "I think that the lack of available housing across Nebraska...is curtailing economic growth in our state more than we realize," said Briese. 

Sen. Vargas also stated that Nebraska has not been following the typical housing practices followed by other states, as well as research that indicates that states need to build at least 5,000 new housing units every year to keep up with demand. The Strategic Housing Report outlined several issues contributing to Nebraska's housing needs, including rising costs, loans, and a lack of available land. 

Besides the goal of building 35,000 affordable housing units, the report also sets a goal of reducing the percentage of housing-burdened homes in the state from 44% to 33% by 2028. This drop would amount to around 44,000 homes in Nebraska. While housing issues in metropolitan issues are well known, the report also details the unique issues rural Nebraskans are facing, while around 17% of rural housing units are vacant.

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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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