KENNY ZOELLER IS THE MAN MAKING THE LEGISLATIVE CASE FOR GOV. PILLEN

LINCOLN- Gov. Jim Pillen, following the release of his budget proposal, introduced several bills to the Nebraska Legislature that seek to cut taxes, corral state spending, reform school aid, protect water rights, and implement a conservative policy agenda. Most of the bills are positioned in committees with friendly majorities for advancement to the floor of the Legislature, but some defense is still needed. That's where Kenny Zoeller comes in.

Zoeller, who has been with the Pillen campaign since the beginning, now serves as the governor's policy research director. Zoeller has testified at almost every bill hearing pertaining to Gov. Pillen's budget and agenda, and is a staunch defender of bills he claims will "grow our economy and keep our kids here."

Zoeller is situated in a position that is particularly communicative with state senators, and he already pushed for several bills that would help move Nebraska toward implementing Pillen's budget proposal. Many of these bills, besides a few that are being amended, are ready for floor debate, but heavy debate is expected from democratic senators. 

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HARD FEELINGS AIRED BY CITIZENS DENIED THE OPPORTUNITY TO TESTIFY IN NEBRASKA LEGISLATURE

LINCOLN- Packed hearing rooms, hallways, and overflow rooms is a common theme this legislative session as the state works through many hot-button issues such as guns, public funding for private schools, abortion, and LGBTQ rights. Because of the number of people wishing to testify, not all get to see the microphone or even the hearing room. Many have grown enraged and have pointed to legislative committee chairs imposing a six-hour time limit on testimony. 

“There are a lot of young people now that have their first interaction with the Legislature as being one where their voices weren’t heard, and in fact, they’re turned away,” said Cindy Maxwell-Ostdiek, a nonpartisan who ran for the Legislature in 2022. The Nebraska Legislature is unique in requiring a public hearing on every bill that is introduced. But there are no rules on how to conduct those hearings.

A couple of former legislators who headed committees cited various strategies to handle hearings with a deluge of people seeking to testify. Former Sen. Steve Lathrop of Omaha said he had an “Alliance Rule.” “If someone came all the way from Alliance, they were going to have a chance to speak." Former Sen. Galen Hadley of Kearney said he would limit how long each testifier could speak, to three to five minutes each. 

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ABORTION RIGHTS GROUP SAYS FIGHT 'FAR FROM OVER' INVOLVING NEW RESTRICTIONS IN NEBRASKA

LINCOLN- Andi Curry Grubb, executive director of Planned Parenthood Advocates of Nebraska, has declared the abortion battle in the Nebraska legislature far from over despite reports of opponents nearing the vote threshold. “We know it will be close, but we have successfully blocked four abortion bans in the past year and we can do it again." 

LB626 currently has 29 sponsors with support from Speaker Arch and Senator Hansen being announced and now placing the bill two votes short of the needed 33. Senators Tom Brandt and Christ Armendariz have indicated that they will be listening to the floor debate before they decided which way to cast their vote. Senator Albrecht, the bill's sponsor, is confident in Senator Armendariz's support. 

Besides Brandt and Armendariz, Fremont Sen. Lynne Walz and Omaha Sen. Justin Wayne, two Democrats in the officially nonpartisan Legislature, are viewed as possible supporters. Only one Democrat signed on as a cosponsor of LB 626, Omaha Sen. Mike McDonnell. The bill is expected to be advanced out of committee this week making way for the battle on the floor. 

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AND NOW NEBRASKA SENATORS ARE FIGHTING OVER THE OPENING PRAYER

LINCOLN- The politically divided unicameral Nebraska Legislature held extended debate on Tuesday over its increasingly sharp disagreements on whether or not to begin the day with a prayer. Sen. Megan Hunt, an Omaha representative, stated that she was against what she called a "denominational prayer," or a prayer that she believes expresses the views specifically held by a Christian Nationalist Party."

Following Sen. Hunt's statement, Sen. Dave Murman immediately jumped into the debate in an attempt to strike Hunt's words from the legislative record, as well as a few supportive comments made by Sen. Machaela Cavanaugh. However, there is no current Legislative procedure that allows senators to strike remarks. Hunt responded to Murman's attempt by saying that it "says a lot more about him than about me."

Sen. Danielle Conrad jumped into the fray as well, saying that Murman was attempting to "bully and silence other senators." Attempting to censor and erase a senator's remarks "has no place in the Nebraska Legislature," finished Conrad. Following this small skirmish, Sen. Erdman jumped in to invite all senators to his Bible study, which he holds every Wednesday morning with several other senators.

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BILL WOULD CREATE TWO STATE TEAMS TO HELP FIGHT NEBRASKA WILDFIRES, BUT AT WHOSE COST?

LINCOLN- LB655, introduced by State Sen. Mike McDonnell, would allow Nebraska to spend around $1.2 million per year in state funds to unlock $3 million in federal funds to build two teams of local volunteer and paid firefighter teams to curb the rise in wildfires. However, during a public hearing for the bill last Thursday, debate ensued over whether the state should hire its own paid wildfire response teams or recruit local volunteers. 

The state money, which would be allocated through this bill, would go to the Nebraska State Fire Marshal's Office and the Nebraska Forest Service, and the federal funds would be applied for through a Community Wildfire Defense grant. The fiscal note, which states McDonnell's intent to hire 23 full-time state employees to build these teams, was called inaccurate by the senator. Rather, according to McDonnell, the goal is to model response teams after the volunteer Urban Search and Rescue Teams hosted by Lincoln Fire & Rescue, which specialize in natural disaster response.  

McDonnell went on to state that the new teams will be made up of both volunteer and paid firefighters from all over the state, and the bill drew support from the Nebraska State Volunteer Firefighters Association. However, one opponent of the bill, State Fire Marshal Doug Hohbein, stated that his agency's duties do not include actively fighting fires. Hohbein went on to argue that, if the fiscal note is accurate, he would have to hire 23 new firefighters, changing the role and scope of the Fire Marshal's office in Nebraska. 

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MCDONNELL IN CROSSHAIRS OF FELLOW DEMS ON ABORTION, TRANS DEBATES

LINCOLN- This week, the Douglas County Democratic Party vehemently rejected a leadership bid by Senator Mike McDonnell following his interest in casting the one vote needed to restrict abortion in Nebraska. McDonnell sought to join the Party's central committee, which is home to the largest pocket of Democrats in Nebraska, but failed on a 17-3 vote. Some who cast votes stated that McDonnell's anti-abortion sentiment is what led them to deny his bid. 

"This vote was about sending a strong message that we don't support elected officials who support the legislation of law that directly hurts vulnerable humans," said Karin Waggoner, a party official who voted against McDonnell's bid. As it stands right now, McDonnell is the only Democratic senator who is co-sponsoring Sen. Albrecht's LB626, a bill that would ban abortions after embryonic cardiac activity is detected.

McDonnell is also the sole Democrat co-sponsor of Sen. Kauth's LB574 and 575, which seek to prohibit gender-affirming care for trans people under the age of 19 and disallow trans students from participating in school sports. McDonnell, who cites his Catholic religion as the reason he supports these bills, said, "I've been consistent and made that statement from Day One. If people weren't aware of that, if they didn't realize what that meant, the I understand that they have questions and try to answer them."

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NEBRASKA JOINS OTHER STATE TO FIGHT NEW WOTUS RULE

LINCOLN- On Thursday, Nebraska Attorney General Mike Hilgers announced that Nebraska, alongside 24 other states, would bring forth a lawsuit against the Biden administration's rule defining Waters of the United States, or WOTUS. The multi-state coalition claim that the U.S. Environmental Protection Agency and Army Crops of Engineers rushed to implement the new rule, despite concerns from the Supreme Court, which will be weighing in on the scope of WOTUS in a few weeks. 

AG Hilgers, in a statement, stated that WOTUS negatively impacts Nebraska farmers, who will now need to obtain permission from the EPA and Corps of Engineers to fill or dredge wetlands or waterways depending on if those features fall under the federal government's jurisdiction. "If the final rule is left in place, then ranchers, farmers, miners, homebuilders, and other landowners across the country," said the coalition's lawsuit, "will struggle to undertake even the simplest of activities on their own property without fear of drawing the ire of the federal government."

The Obama administration previously sought to introduce WOTUS, but the Trump administration replaced the WOTUS rule with the Navigable Water Protection Rule, which was finalized in 2020 and significantly narrowed federal jurisdiction. President Biden expanded WOTUS again, and Hilgers claimed in his statement that "navigable water" under the new rule is defined as ponds, certain streams, ditches, and other bodies of water under the Clean Water Act. 

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SENATOR MAKES PITCH TO START TAXING E-CIGARETTES AS A WAY TO REDUCE TEEN USAGE

LINCOLN- With the usage of e-cigarettes exploding among teens, Sen. Jana Hughes told the Legislature's Revenue Committee on Wednesday that it's time to implement a state excise tax on the products. "It's super addictive," she added, saying that people who claim they're less addictive than cigarettes are completely false. 

Currently, Nebraska is one of 20 states that don't tax e-cigarettes, but Sen. Hughes LB584 may change that. The bill would impose an excise tax of 5 cents per millimeter of consumable vaping material, though Hughes expressed interest in amending the bill to tax a percentage of the price instead, like 20%.

A 2021 survey from the Nebraska Department of Health and Human Services found that e-cigarette use by teens in grades 9-12 increased from 9% in 2015, to 14% in 2021, and that the most popular flavors of vaping product are fruit, menthol, and mint. Similarly, use of e-cigarettes by adults is on the rise as well, with 3.8% of adults in Nebraska consuming the product in 2017, and 5.9% in 2020.

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NEBRASKA REVENUE FORECAST REMAINS UNCHANGED DESPITE DROPPING TAX RECEIPTS

LINCOLN- A slight drop in state tax receipts was not enough to convince the Nebraska Economic Forecasting Advisory Board to adjust its optimistic revenue forecast from four months ago. The board voted unanimously to maintain the previous revenue forecast that was set last October. The October forecast increased Nebraska's revenue projections for the next two fiscal years by roughly $1.8 billion, bringing the anticipated revenue for both years to more than $13 billion. 

Officials from the State Department of Revenue and the Legislative Fiscal Office projected a slight drop in general fund revenues of about 1% for the current fiscal year, amounting to about a $100 million decrease. This is believed to be largely due to a decline in sales and individual income tax revenues, which were responsible for state tax collections between November and January being roughly 1.5% lower than projections. 

Despite the drop, multiple board members said they were optimistic that Nebraska was in good shape to handle the slight downturn. "I think we'll be able to weather this storm," said board member Leslie Andersen. The lack of change came as no surprise to State Sen. Robert Clements of Elmwood, chair of the Legislature's Appropriations Committee, who said he expected the projections would remain flat. 

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SHIFT OF ENVIRONMENTAL TRUST FUNDS AND CONSTRUCTION OF NEW PRISONS PANNED

LINCOLN- Gov. Pillen's proposed state budget plan was outlined to a panel of Revenue Committee legislators on Monday, which included his plan to divert $14 million over the next two years from the Environmental Trust and place them in a state water resources fund. Critics of the plan argued that it would divert important funds away from recycling and conservation projects, and that, if necessary, the funds for the water resources fund could be garnered from state tax dollars. 

One testifier even went so far as to say that Pillen's plan might be unconstitutional, and that it disregards the intent of the Environmental Trust, which seeks to "conserve, enhance, and restore natural environments." The shifting of funds away from the Environmental Trust was defended by Pillen's office, which claimed that they will be able to contribute millions of dollars to several needed water projects. 

Some critics of the proposal, like Spike Eickholt from the ACLU of Nebraska, argue that some of the funds taken from the Trust will be used in the building of former Gov. Ricketts' long-sought-after 1,500-bed state prison, which, if built, is expected to reach full capacity by 2030. "This commitment should not be made without significant criminal justice reforms," argued Eickholt. 

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STATE REACHES DEAL WITH NEBRASKA CORRECTIONS OFFICE UNION

LINCOLN- On Tuesday, Governor Pillen signed a historic agreement with Nebraska's corrections office union that solidified a new labor contract. This agreement, which is between the State of Nebraska and the Fraternal Order of Police, an organization that represents personnel classified as protective services, includes 3% market-adjustment compensation increases for employees over the next two years. 

Besides that, the deal also secures performance-based compensation increases for security communications specialists, security guards, and military security officers at NDCS and the Department of Health and Human Services. "Our people at our correctional facilities are great public servants who work tirelessly to help ensure public safety," said Gov. Pillen in a press release, "This agreement shows that Nebraska is dedicated to supporting our protective services men and women as they work every day to keep our state safe."

Fraternal Order of Police President Mike Chipman said the deal will allow the recent hiring successes they've experienced to continue over the next two years. "we have already hired more than 400 officers and hope this agreement continues that success," said Chipman.

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REP. FLOOD SEEKS ASSURANCES THAT FOREIGN LAND BUYS IN RURAL AREAS ARE NOT PART OF SURVEILLANCE ACTIVITES

WASHINGTON, D.C.- Nebraska Congressman Mike Flood, during a House financial services hearing, highlighted the possibility of Chinese surveillance programs and questioned a former assistant Secretary of the Treasury about the purchasing of land by Chinese business entities in rural America. "Folks in North Dakota and several rural states are raising the red flag about the Chinese Government purchasing real estate in the United States," claimed Flood during the hearing. 

Flood asked Tom Feddo, the former assistant Secretary of the Treasury, about the extent to which Chinese real estate purchases came under review by the Committee on Foreign Investments in the United States. Feddo responded by claiming that the CFIUS is primarily concerned about real estate purchases near military installations, but didn't indicate how many purchases came under review. 

Flood, later on in the hearing, cited an instance where the Chinese government offered to purchase a garden in Washington, D.C., claiming that this was an attempt at information-gathering. This particular instance fell outside of the CFIUS's jurisdiction for review, but Flood claimed that such purchases must be review by them to ensure that no information-gathering is allowed.

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AS STATE'S RACING SEASON TAKES OFF, WAGERS ARE OFF LIMITS OUTSIDE OF NEBRASKA

LINCOLN- Last weekend, the Nebraska horse racing season thundered from the starting gates, but most of the United States will not be able to watch or bet on the races. That's because Fonner Park, which runs a large majority of Nebraska's live races, decided not to simulcast its races to other states because it would have to comply with strict federal regulations. 

Tom Sage, executive director of the Nebraska Racing and Gaming Commission, said state regulators decided last year not to opt in to adopting the Horse Racing Integrity and Safety Act rules, a law introduced by Congress in 2020, statewide, allowing each individual racetrack to make that decision for themselves. Sage defended that approach by pointing to several flaws he found in the rules, including high costs. "Basically, they want the state commissions to enforce the federal law, but they want us to pay the enforcement costs," said Sage. 

Sage went on to state that, if Fonner Park were to adopt the rules implemented by Congress, it would cost the organization around $250,000 a year, not including additional costs related to hiring additional staff to comply with the rules. Chris Kotulak, Fonner Park CEO, called the rules "unreasonable and overreaching."

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DR. TIMOTHY TESMER NAMED NEBRASKA'S CHIEF MEDICAL OFFICER

LINCOLN- Dr. Timothy Tesmer, a physician and surgeon with over 35 years of experience in Lincoln, was named by Gov. Pillen as Nebraska's new chief medical officer, an appointment which will incorporate Tesmer into the Nebraska Department of Health and Human Services. 

"I am excited to have Dr. Tesmer join DHHS," said Gov. Pillen, "he is a distinguished physician....and his expertise will be pivotal in serving Nebraska as our chief medical officer." Prior to starting his own private practice, Dr. Tesmer was employed at CHI's Physician Network, where he served as a physician specializing in ear, nose, and throat otolaryngology. 

Dr. Tesmer will replace Dr. Gary Anthone as the next state chief medical officer, following Anthone's resignation to serve at Vetter Senior Living, an organization that runs several assisted-living facilities in Nebraska. 

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CIVIC NEBRASKA SAYS STATE'S 2022 GENERAL ELECTION WAS 'SAFE' AND 'SECURE'

LINCOLN- The Nebraska voting rights group, Civic Nebraska, has completed its 2022 election report and deemed the state elections safe and secure despite multiple identified issues. The report from Civic Nebraska cited the observations of 43 volunteers who observed 140 polling sites last year. The group operated an election problems hotline and contacted election officials to report them. 

The two problems identified were a missing ballot page for 25 people, and cross-talk during voting by a handful of poll workers in support of the voter ID ballot initiative. Civic said that both situations were handled by election officials effectively and they were taken seriously. The voting rights director at Civic Nebraska praised Douglas County Election Commissioner's role in handling hiccups on election day.

Nebraska Secretary of State Bob Evnen said he was pleased Civic Nebraska acknowledged the 2022 election was “fair and secure.” He thanked county election officials for their work. “It is vital that it be easy to vote and hard to cheat,” he said Monday. “And we continue to focus on both.”

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GAMBLING OPPONENTS INCLUDING TOM OSBORNE TAKE ISSUE WITH BETTING ON NEBRASKA HOME GAMES

LINCOLN- Former Husker coach Tom Osborne urged lawmakers Monday not to allow betting on Husker home football games and other in-state matches played by Nebraska college and university teams. LB168 would lift the prohibition in state law against betting on home games of Nebraska college teams. The bill would direct tax revenues from those bets into the state’s college scholarship fund. 

State Sen. Eliot Bostar of Lincoln, who introduced the bill, said he wanted to provide consistency, not expand gambling. He pointed out that a law passed in 2021 allows people to bet on Nebraska collegiate teams or athletes when they are competing outside of the state. “Nebraska teams are already subject to sports betting, just not in Nebraska,” he said. 

Nate Grasz, speaking for the Nebraska Family Alliance, said the prohibition was part of a compromise agreement that helped clear the way for passage of the 2021 law. Lynne McNally of WarHorse Casino said laws allowing college athletes to get paid for the use of their name, image and likeness have changed the dynamics for those athletes. She said they would resist pressure from gamblers because they want to maximize the money they can make through what is commonly called NIL.

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PROPOSED RESTRICTIONS ON NEBRASKA SCHOOL BATHROOMS, SPORTS TEAMS TRIGGER TENSE HEARING

LINCOLN- LB575, proposed by State Sen. Kathleen Kauth of Omaha would supersede a Gender Participation Policy adopted by the Nebraska School Activities Association for sponsored athletics. The bill would categorize all school bathrooms and sports teams as biologically male or female. 

In the bills hearing this week, Kauth said it's a “fair” and “common sense” measure that would “uphold Title IX” and allow schools to determine a policy to track students’ sex for bathrooms and sports teams. “Natural changes that come with puberty can be awkward and embarrassing. Allowing biological males or females into each other’s private spaces will cause extreme discomfort and distress for many students," claimed Kauth.

Many flooded to the capitol to both support and oppose the bill. The opposition was the larger of the groups with doctors, psychologists, coaches, athletes, transgender individuals, parents, and many more speaking about why the bill is unneeded. Dr. Rose Essecks of the Nebraska Psychological Association said, "We are in the middle of a youth mental health crisis, and transgender children and teens are already at higher risks than cisgender youth at developing significant mental health problems as a result of the discrimination and victimization they experience on a daily basis."

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LAWMAKERS WEIGH WHETHER TO RESTRICT LOCAL HEALTH DIRECTOR'S AUTHORITY OVER PUBLIC HEALTH MEASURES

LINCOLN- At the beginning of the Covid-19 pandemic in 2020, local public health directors alongside state and local governments issued directed health measures to mitigate the spread of the virus. According to several nurses, including Julia Keown, these health measures alleviated a substantial amount of strain and stress on health care workers. "When directed health measures were announced, there would be a collective sigh of relief amongst bedside clinicians, myself included," Keown told the Health and Human Services Committee during a Wednesday hearing, "We would actually cheer because we knew it was going to work, and it did."

However, despite the alleged success of these directed health measures, Sen. Kauth, through LB421, seeks to require county board or city councils to approve these public health director-recommended measures before they can be implemented. "It maintains the importance of the education and experience brought by public health directors but redirects the responsibility of restricting liberties," said Sen. Kauth in defense of LB421, "This should also serve to redirect the ire of the public from the public health director to elected officials where it belongs."

Sen. Kauth went on to state that the bill was drafted following backlash in Omaha and Lincoln directed towards public health officials after Covid-19 measures were implemented. During the hearing, State Sen. Lynne Walz, as well as several opponent testifiers, expressed concern over how this bill will affect smaller communities in Nebraska. 

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LEGISLATORS PLAN TO WAIT, AND LISTEN, BEFORE DECIDING UNIVERSITY OF NEBRASKA BUDGET

LINCOLN- A preliminary budget proposal for the University of Nebraska was revealed Wednesday by the Legislature's budget-writing Appropriations Committee. The University of Nebraska system previously requested a 3% annual increase to its budget, but Gov. Pillen's allocation for the school system fell just below that. Instead of the requested 3%, Gov. Pillen allocated in his newly-revealed budget a 2% increase for each of the next two fiscal years. Sen. Rob Clements, who chairs the Appropriations Committee, said he wanted to hear from university officials before making any economic decisions geared towards the school system. 

The hearing with these university officials is scheduled for March 3rd and Clements stated that the committee's decision will likely fall between 2% and 3%, slightly above Pillen's proposal but slightly below the University's as well. The preliminary budget proposal released by the Appropriations Committee largely followed Gov. Pillen's plan, but left open space to increase the University's budget. 

Several groups, including the OpenSky Institute, have questioned whether or not Pillen's 2% budget allocation for the university system will allow NU campuses to keep up with inflation. Nebraska is currently sitting on an unprecedented amount of excess tax revenue, as well as a $1.8 billion cash reserve, but Sen. Clements indicated his wishes to save around $1.3 billion in the reserve while meeting the needs of Pillen's budget proposal.

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LEGISLATURE CONFIRMS MACY AS NEBRASKA EVIRONMENT DIRECTOR DESPITE CONCERNS

LINCOLN- After two days of heated debate, the Legislature finally confirmed that Jim Macy will continue as director of the Nebraska Department of Environment and Energy on a 38-0 vote, ending a brief filibuster by opponents who claimed Macy didn't act decisively enough in the wake of the AltEN ethanol plant disaster near Mead, Nebraska. Sen. Carol Blood led the filibuster, delaying the confirmation vote for two days. 

Sen. Bruce Bostelman, during the debate and filibuster, noted that Macy, who Gov. Pillen retained two months ago, was recommended to retain his position by a 7-0 committee vote following a public hearing that saw no opposing testimony. Blood countered this argument by stating that Macy should have taken prompt action to shut down the AltEn plant before its use of pesticide-coated seed further polluted the environment and more Nebraskans became "collateral damage." 

After a motion to reconsider Monday's unsuccessful vote to return the decision to the Legislature's Natural Resources Committee failed 33-10, the Legislature, on Tuesday, finally confirmed Macy's appointment with 11 senators, mostly opponents, not voting. 

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