CONGRESS APPROVES DAMS AND FLOOD MEASURES FOR OMAHA, BUT PROJECTS FACE OPPOSITION

OMAHA- Congress has authorized about $144 million in flood control projects for the greater Omaha area, including two dams, a central Omaha floodwall and changes to more than 380 metro-area properties along creeks. This is only the first step in the process. Congress must vote again to approve the construction and actually move the money to Omaha. 

Adding to the hurdles, some rural landowners affected by one of the dams are working to stop the projects. They commissioned an outside study, have contacted Congress and retained legal counsel. They say the analysis supporting the projects is flawed. The funding comes from the National Defense Authorization Act which helps fund the U.S. Army Corps of Engineers. 

The general manager of the Papio-Missouri River Natural Resources District said the metro area is primed for flooding due to the number of homes, businesses and government facilities built in the flood plains of the area’s numerous creeks and streams. This latest plan would reduce but not eliminate that risk. 

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NEBRASKA ECONOMIC DEVELOPMENT LEADERS OPEN AN OFFICE IN SOUTH OMAHA

OMAHA- The Nebraska Department of Economic Development has opened up a satellite office in South Omaha. The state’s economic development director, Anthony Goins, said he had been considering adding a “strategic South Omaha presence” even before lawmakers last year passed Legislative Bill 1024, which earmarks about $335 million, largely for North and South Omaha.

“The goals of the office are to promote economic inclusivity, create high-paying jobs, and support the overall growth of South Omaha,” Goins said. He described Metro Community College as a key partner since they are housing the office. Goins said the office will be further investigating the needs of South Omaha and its surrounding areas. 

A state consultant’s report has issued a plan on how to distribute $225 million of the overall LB 1024 funding, recommending grants go to 35 recipients in South and North Omaha who submitted applications laying out respective plans to grow the local economy through building projects, job development and housing. 

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CHARLIE KIRK'S VISIT TO LINCOLN BRINGS PROTESTERS, REPORTED VANDALISM

LINCOLN- The Lancaster County Republican Party hosted Conservative Speaker Charlie Kirk at an east Lincoln reception hall. Graffiti was found on a pillar outside the building after Kirk had spoken, a party official said. The business owner filed a police report alleging about $150 damage was done with black spray paint on a brick pillar. The message cursed at “Nazis.” 

Lancaster County GOP Chairman Samuel Lyon said his organization believes “in peaceful protest and that open dialogue is a critical component of a healthy Republic.” But he criticized the vandalism as a clear “violation of the law.” No arrests have been made, but video surveillance has been obtained and released. 

Members of the Lancaster County GOP led the push to wrest the Nebraska Republican Party from the former leadership team tied to then-Gov. Pete Ricketts. This was one of the first dinners and speakers the group has had since the change of leadership. The speaker brought out multiple protestors, which has been the case at previous Kirk events. 

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HILGERS CONFIDENT IN ARGUMENTS MADE AGAINST STUDENT LOAN FORGIVENESS PROGRAM

WASHINGTON, D.C.- Nebraska Attorney General Mike Hilgers, who recently testified to the U.S. Supreme Court against the Biden Administration's attempt to wipe out billions in student debt, stated that he was confident in his arguments. Six states, including Nebraska, sued the Biden Administration following his announcement of student debt relief, claiming that the President had exceeded the authority granted to him.

Nebraska Solicitor General Jim Campbell argued during oral arguments as well, claiming that Biden's program was unconstitutional because the executive branch had assumed a power not explicitly granted to it by Congress. Campbell also asserted that states had met the legal threshold to sue by demonstrating the potential damages they would suffer if the courts upheld Biden's loan forgiveness plan. 

Hilgers, during a virtual press conference, stated that the state coalition lawsuit had nothing to do with "whether or not discharge is a good idea," but focused on whether Secretary of Education Miguel Cardona had the authority to enact the plan. "Our argument before the Supreme Court was that there was no statutory authorization," said Hilgers, "and that Congress did not permit the secretary to do this really massive action without a vote of Congress."

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VOTER ID PUBLIC HEARING STRETCHES SEVEN HOURS AT THE UNICAMERAL

LINCOLN- A trio of bills related to voter ID in Nebraska were heard on Wednesday in the Government, Military, and Veterans Affairs Committee, and the hearing was long and contentious, with testifiers packing both the main hearing room as well as an overflow room. The first bill up for discussion was Sen. Day's LB675, which would require the Secretary of State to dispatch mobile units to each Nebraska County several weeks ahead of Election Day to supply qualifying ID documents to all voters with disabilities or those that lack transportation.

The next two bills, LB228 and 230, introduced by Sen. Erdman, would require ballots to be cast in person and cease the use of mail-in ballots in Nebraska except for military personnel and nursing home residents. Erdman, during the hearing, also called for the criminalization of rule-breaking poll workers and wants to turn Election Day into a state holiday. Neither of the three bills considered on Wednesday would put in place a charge to get a state ID for voting purposes, and Erdman's LB228 alone is expected to cost the state more than $25 million in its first year if implemented. Sen. Day's LB675, around $11 million.

At the beginning of the seven-hour hearing, Sen. Tom Brewer told testifiers that their remarks will be considered alongside those heard by the committee a month during the hearing for Sen. Slama's LB535, a bill that would establish voter ID laws in Nebraska. "We will probably mix and match," said Brewer, "take parts and pieces as necessary."

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TRACY HIGHTOWER-HENNE LAUNCHES CAMPAIGN TO REPRESENT DISTRICT 13 IN NEBRASKA LEGISLATURE

OMAHA- Tracy Hightower-Henne, an Omaha-based lawyer and managing partner at Hightower Reff Law, announced over the weekend that she will be running for Nebraska Legislative District 13, a seat currently held by Sen. Justin Wayne. According to Hightower-Henne's website, she will continue Sen. Wayne's work to strengthen the community through investing in public schools, creating better-paying jobs, and keeping the cost of affordable housing low. 

"We are at a critical junction in our state's history. It's time for new leaders to step up and fight for the future of our communities and our neighbors," said Hightower-Henne, "to ensure that every Nebraskan has the opportunity to thrive and experience equality before the law." With a successful career in law, Hightower-Henne brings a wealth of experience and knowledge to the table.

In the past, Hightower-Henne acted as an advocate for reproductive freedom and equal access to justice, and is expected to continue supporting these ideals in the Legislature. She also previously worked at the Nebraska Innocence Project, which, according to her website, opened her eyes to the opportunities available to assist people in her community who needed legal representation.

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SOME NEBRASKA SENATORS FRUSTRATED WITH LEGISLATIVE PROCESS

LINCOLN- Despite the fact that the Nebraska Legislature is officially non-partisan, some senators feel frustrated with the way certain processes are handled. Currently, the Legislature is comprised of 32 Republicans and 17 Democrats. Last session, Republicans in the Legislature passed 31% of the bills they introduced, while Democrats only passed 18% of theirs, a trend expected to continue this year. 

"I have nothing to lose," said Senator Cavanaugh to her colleagues during bill debate, "Like nothing of mine is going to pass in this body. Nothing of mine is even going to come out of committee in this body. So, I'm a free agent beyond all free agents." Senator Hunt echoed a similar sentiment. "Sometimes I think the problem is the messenger," said Hunt, "Maybe I'm a progressive. I'm a leftist. And so, people don't want me to have a win or something."

Last year, every Republican senator introduced an average of 20 bills, while Democrats had an average of 37, but didn't pass anywhere near the same amount of bills as Republicans. Senator Steve Lathrop, who left the Legislature last year, cited this problem, as well as a lack of common ground in the body, as a few of the reasons he left the Unicameral. "The contrast between my first eight years and the last four years is pretty dramatic," said Lathrop before he left, "It had more to do with the merit, the work you've done. Didn't have anything to do the party." Now, according to several senators, this has changed significantly.

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BILL TO EXTEND PANDEMIC-ERA FOOD STAMP BENEFITS UP FOR HEARING THURSDAY

LINCOLN- Starting on Wednesday, March 1st, a large swath of low-income families in the U.S. faced difficult choices following the end of Covid-era federal food stamp protections. However, a new bill introduced by Senator Day, LB84, would extend the deadline of these protections past the end of September, allowing families to maintain food security for an extended amount of time.

"This was legislation that was introduced during the pandemic to give extra access to families that were struggling during the pandemic," said Mike Hornacek, president and CEO of Together Omaha, "Unfortunately, as we know now, food insecurity rates are the highest they've ever been even post-pandemic, whether that has to do with inflation and many other things, so this legislation is critical."

Hornacek stated that, if LB84 fails to pass, around 10,000 Nebraska families stand to lose SNAP benefits come late September. 32 other states have extended supplementary Covid-era benefits, but many will still lose benefits after March 11th, when most of the benefits are set to end. Currently, around 42 million Americans receive SNAP assistance in the U.S., with most being working families.

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FAMILIES WARN AGAINST BILL ALLOWING 'REASONABLE PHYSICAL INTERVENTION' IN NEBRASKA SCHOOLS

LINCOLN- A new bill, LB811, introduced by State Sen. Dave Murman, would allow for teachers and staff at all Nebraska schools to use "reasonable physical intervention" to manage student behavior. The bill received a large amount of pushback, particularly from parents of students with developmental disabilities, civil rights leaders, school administrators, and former teachers, many of whom argued that the measure would risk the safety of students already facing increased discipline.

Brad Meurrens, public policy director of Disability Rights of Nebraska, stated that the bill's ambiguity puts students with disabilities at risk. Meurrens cited that around 80% of students who get restrained at schools, whether by other students or staff, have disabilities, despite the fact that they only make up 13% of the student population. Murman, in defense of his bill, stated that he simply wants to clarify that Nebraska's teachers and staff can physically intervene to protect students and school staffers, a step several opponents argued already exists in Nebraska law. 

"Friends, we have got to do something here," Murman told the Education Committee, "These acts of physical aggression have disrupted the learning environment. We have to let teachers defend themselves." Similar bills have been introduced for the past eight years in Nebraska, but all have failed. Murman stated that he introduced the bill this year at the behest of the Nebraska State Education Association.

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NEBRASKA LAWMAKERS WEIGH PROPOSAL TO USE STATE FUNDS FOR PRIVATE SCHOOL ENROLLMENT

LINCOLN- LB528, introduced by State Sen. Ben Hansen, would create the Nebraska Option Enrollment Tuition Account Program, allowing Nebraska youth to tap into state funds to attend private school. "I want you to create options within option enrollment," said Hansen during an Education Committee hearing, "guaranteeing that there's a path forward for students who have been denied."

Under the bill, students whose option enrollment application is denied could apply to the State Board of Education for an Option Enrollment Tuition Account, which could be used to pay for tuition and fees at private, denominational, or parochial schools in Nebraska. Hansen claimed that the funds would not be taken away from public schools, as many opponents argued, but that they would come directly from Nebraska's general fund. 

Dawnell Glunz, an instructor at Grand Island Central Catholic, said the bill is not about the fight between public and private schools. "Students deserve an education that is tailored to their specific needs. This rings true for all students but in a unique way for students who are on an IEP or 504," said Glunz. 

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NEBRASKA LAWMAKER SEEKS A VOTE OF THE PEOPLE FOR WEIGHTY TIF REQUESTS

LINCOLN- Under Sen. Machaela Cavanaugh's LB746, voters in any Nebraska city would have to approve a tax-increment financing request that exceeds $20 million. Sen. Cavanaugh introduced the bill to limit Omaha's use of TIF in particular, which, according to Cavanaugh, has been a bit too trigger-happy with TIF when starting large projects. "It's not about the merits of the project, it's the process," said Cavanaugh in defense of her bill, "Are we honoring the intention of TIF, and are we honoring the people? These are the people's tax dollars."

TIF, a popular and at times controversial tool, is intended to spur the revival of "blighted" areas and is often awarded to developers to cover redevelopment expenses before begin paid back over 15 or 20 years. Normally, the property tax payments go to support schools and other local tax-reliant bodies. Cavanaugh, during an Urban Affairs Committee hearing, stated that she introduced the bill in response to the recent flurry of TIF-supported projects in Omaha, including the Streetcar project and Mutual of Omaha's planned downtown office tower. 

Officials from the City of Omaha and the Greater Omaha Chamber of Commerce testified in opposition to the bill, saying that the city already offers the opportunity for public opinion at various points throughout the TIF process. Jacquelyn Morrison, an economic development aide to Omaha Mayor Jean Stothert, said that few projects in the past couple of years fell within the parameters of this bill.

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LGBTQ PROTECTIONS AT CROSSROADS IN NEBRASKA LEGISLATURE

LINCOLN- This session, a myriad of proposals have been introduced in the Nebraska Legislature that some see as restrictive for LGBTQ individuals, including bills that place restrictions on what bathrooms transgender youth could use, and which sports teams they can participate in. However, several bills have been introduced to counter these proposals, like one that expands nondiscrimination policies to include gender identity and sexual orientation and another to broaden the definition of marriage.

In response to the more restrictive proposals, state Sen. Machaela Cavanaugh vowed to bring the Legislature to a "screeching halt" unless the bills were revoked. Sen. John Fredrickson, the first openly gay male senator to serve in the Nebraska Legislature, said that several of these more restrictive bills would "chip away" at LGBTQ rights. 

"In Nebraska, we haven't seen anything quite as aggressive and bold as what we're seeing this year," said Fredrickson, "so it's an interesting year to start, for sure, given this kind of unprecedented dynamic. But at the same time, we're also seeing some really great, proactive legislation to ensure that the community is protected." Sen. Fredrickson introduced several pieces of proactive legislation, including LB179, which would prohibit conversion therapy in Nebraska, a practice he defined as "deceptive," and LB316, which would remove a provision in state law that restricts people with sexually transmitted diseases from getting married. 

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HIGH SCHOOLERS CHALLENGE NEBRASKA SENATOR'S PLAN TO STUDY RENEWABLE ENERGY

LINCOLN- Last Friday, Senator Bruce Bostelman told the Nebraska Legislature's Executive Board that the economic impact of a nationwide shift to renewable energy must be studied prior to implementation to assess the long-term costs of replacing coal, natural gas, and other energy plants with wind and solar. To pursue this study, Sen. Bostelman introduced LB566, which would appropriate around $30,000 towards an independent consultant to examine the trends and project potential unforeseen that may come as a result of switching to cleaner energies in Nebraska. 

The study would also look at the economic benefits of maintaining coal, natural gas, and nuclear energy while making the switch to cleaner energy sources that "threaten the ability of power suppliers in the state to maintain existing baseload generation." "As energy policy around the nation is shifting to a more diverse set of generation sources," said Bostelman, "it is prudent for the Natural Resources Committee to examine the potential effects of those policies."

In response to this bill, which some see as a way to justify continuing the use of non-renewable energy sources, like coal and natural gas, a trio of Omaha high school students, who are members of Students for Sustainability, told senators that the scope of the study was far too narrow and that the result was "pre-determined" based on the language of the bill. Mia Perales, an attendee at Omaha South High School, said the study appeared poised to ignore previous reports that indicated that the cost of generating electricity from renewable energy has dropped by 80% in the last decade.

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'HOW SICK DO WE LET PEOPLE GET?' DOCTORS, SUPPORTERS AT ODDS OVER NEBRASKA ABORTION BILL'S REACH

LINCOLN- The day Senator Albrecht introduced LB626, or the Nebraska Heartbeat Act, she estimated that it would ban around 85% of all abortions in Nebraska. However, many opponents argued during a public hearing two weeks ago that the bill would essentially ban all abortion procedures, while others questioned how the exceptions listed in the bill, like for pregnancies resulting from sexual assault, would work in practice.

According to various experts who conducted research following the bill's introduction, the 85% prediction may be pretty close to the final percentage if the bill is passed. They also cited evidence that suggested that less than 14% of women who received abortions did so at five weeks or earlier. The Department of Health and Human Services also released data confirming that around 15% to 25% of all abortions in Nebraska happen at the six-week mark.

Opponents of the bill also argued that most women don't even realize they're pregnant at six weeks, and that women who do realize it would have a very limited amount of time to receive the procedure if they chose to. During the hearing, several doctors testifying in support of the bill claimed that there are certain procedures that terminate a pregnancy to save the life of a mother, but that they don't consider it an abortion. Lincoln maternal-fetal medicine physician Sean Kenney, a supporter of Albrecht's bill, said he's performed such procedures. "I didn't do an abortion," he said, "I saved [a mother's] life."

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NEBRASKA BILL WOULD INCENTIVIZE DONATIONS TO ANTI-ABORTION PREGNANCY CENTERS

LINCOLN- Lawmakers attempting to restrict Nebraska abortion access are eyeballing ways to incentivize donations to pregnancy centers that oppose abortions. Senator Albrecht is sponsoring the Nebraska Pregnancy Help Act which would offer tax credits for donations to pregnancy centers that do not provide abortions. 

Donations would only qualify for tax credits if the money goes to a certified charitable organization that assists women in carrying their pregnancies to term, helps with parenting or adoption, prevents abortions and promotes healthy childbirths. The organization cannot provide, refer or promote abortions, and cannot financially support any other organizations that do the same. 

Opponents to the bill included OpenSky Policy Institute, Planned Parenthood North Central States and ACLU of Nebraska, along with other abortion-rights advocates. Many opponents alleged the centers intentionally share misleading information to persuade women not to seek an abortion. 

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PROPONENTS OF EXPANDING CASINOS BEYOND EXISTING SIX RACETRACKS WON A ROUND IN THE LEGISLATURE

LINCOLN- Those in favor of adding casinos that are not a part of the six existing race tracks had a notable in the Nebraska legislature. The victory came from LB311 not advancing out of the General Affairs Committee. The bill would have required a market study on the impact of casino gambling, including whether it would have a detrimental or positive financial impact on existing racetrack/casinos.

The proposed report would have pushed back the licensing system for casinos to begin in 2029 rather than 2025. In 2020 voters approved gambling at the state's six racetracks. But several communities, including Bellevue, North Platte, Ogallala, Kimball and York, have indicated that they want to be allowed to build casinos, too.

Voting against advancing LB 311, besides Holdcroft, were State Sens. Jen Day of Gretna, Jana Hughes of Seward and Jane Raybould of Lincoln. Voting to advance were Lowe and Sens. Brian Hardin of Scottsbluff and Tom Brewer of Gordon. Omaha Sen. John Cavanaugh was present but not voting. The bill did not advance on a 3-4-1 vote.

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PILLEN CROSSES POLITICAL AISLE TO SUPPORT MENTAL HEALTH BILL FROM LINCOLN DEMOCRAT

LINCOLN- Governor Pillen made an unexpected appearance at a hearing recently to deliver personal testimony in support for LB276. LB276 is sponsored by Senator Wishart, a Democrat. The bill would enable the creation of the Certified Community Behavioral Health Clinic model in Nebraska through the Medicaid program. The bill has been touted as “transformational” in improving quality and access to care. It would create centers in six communities across the state.

Former Governor Ricketts only testified on one bill from a Democrat in his term, and his long-time press aide, Taylor Gage, delivered the testimony. Pillen’s testimony, observers said, is illustrative of his willingness to meet with political opponents, and work out differences, on some issues. Wishart said she was grateful for the support from the governor. She said “bipartisan support” will be “critical” in tackling the state’s problems with providing mental and behavioral health care. 

Governors often testify in support of bills they ask to be introduced by state senators, but it is rare for them to appear at committee hearings on bills they didn’t request. “Mental health and substance abuse are tough problems. We also need more mental health specialists,” Pillen said. 

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CONRAD BILL PUSHES TO ENSURE NEBRASKANS HAVE THE 'GREATEST POSSIBLE ACCESS' TO PUBLIC RECORDS

LINCOLN- Nebraska Senator Danielle Conrad, who previously worked for the ACLU of Nebraska and often sought public records, introduced LB366, a bill that expands the amount of time Nebraska governmental staff spend compiling public records requests, prohibits agencies from charging for pages that are blank or mostly redacted, and requires the public release of police body cam footage of in-custody deaths. 

Conrad, during a public hearing on her bill, said that she wants to give Nebraskans the "greatest access to government records and government activity as possible." Conrad also went on to state that the driving force for the introduction of this bill was how Nebraska agencies respond to public records, which, according to Conrad, is rather slow at the local level. 

"It's not just one agency, and it's not one community," she said, "In previous years, you'd say, 'Hey I'd like to get this information about this'...and you could really get that information. We've seen really a tightening and an evisceration of that approach in a really short period of time." What's more, according to Senator Conrad, the Nebraska Department of Health and Human Services attempted to charge State Sen. Machaela Cavanaugh almost $64,000 following her work on the Legislature's Health and Human Services Committee.

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OMAHA SENATOR SEEKS MORE EXPERTISE, ACCOUNTABILITY ON STATE PAROLE BOARD

LINCOLN- State Sen. Terrell McKinney called Thursday for a total revamp of the Nebraska Board of Parole, saying it would become a much better and more fair system if Parole Board members didn't miss so many meetings and transitioned back into inspiring "restorative justice." To fix these issues, Sen. McKinney introduced LB631, a bill that would require Parole Board members to miss no more than three hearings a year. 

LB631 would also bard the board from denying parole to an inmate if the state prison system "did not offer or delayed rehabilitation programming due to operational issues, including staffing shortages, maintenance issues, or lack of funding." McKinney's bill was introduced following an extensive state parole board review, facilitated by the Crime and Justice Institute, which recommended several steps to reduce prison overcrowding, including adopting a streamlined parole process for nonviolent offenders. 

Spike Eickholt, a representative from the ACLU of Nebraska, stated during a public hearing for LB631 that the Nebraska Parole Board has been "underutilized" in addressing the state's nation-high prison overcrowding. In 2018, 78% of Nebraska inmates were granted parole in hearings before the board, but that figure dropped to just 58% in 2020.

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PILLEN SIGNS ORDER BANNING USE OF TECHNOLOGIES FROM FIRMS LINKED TO CHINESE COMMUNIST PARTY

LINCOLN- An executive order banning the state and its contractors from using communications equipment and services produced by six companies linked to the Chinese Communist Party has been signed by Governor Pillen. He listed specific companies that Pillen says are owned an controlled by the Chinese Communist Government. Those companies include Huawei Technologies, ZTE Corp., Hytera Communications, Hangzhou Hikvision Digital Technology and Dahua Technology and their subsidiaries.

The goal is to prevent the party from, "using technology to infiltrate and influence our state’s infrastructure.” In November, the Biden administration banned purchases of new telecommunications equipment from Huawei and ZTE because they posed “an unacceptable risk” to U.S. security. Pillen said, "I will continue to find opportunities to improve Nebraska’s infrastructure and technology grid while remaining vigilant in protecting our state’s security."

Huawei has denied that its equipment is a spying threat. In January, State Sen. Eliot Bostar of Lincoln introduced a bill to prohibit Nebraska cell phone providers using Huawei or ZTE equipment from getting funds from the state’s Universal Service Fund. That bill has already had its hearing and is waiting to be moved out of committee.

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