FOR THE FIRST TIME, COMMITTEE MEMBERS ISSUE MINORITY COMMITTEE STATEMENT

LINCOLN- Last week, a new tactic was introduced to the Nebraska Legislature. This week the body debated Senator Kauth's LB574,  the bill that limits gender-affirming care. Ahead of this week's debate, a select amount of Nebraska Senators issued a minority committee statement that spoke out against the bill. The four-page rebuttal, written by Sens. Cavanaugh and Day, two members of the Health and Human Service Committee, acts similarly to a dissenting opinion in judicial proceedings. 

Multiple sections of the jointly-written statement note that organizations like the Nebraska Medical Association and the American Medical Association have determined that gender-affirming care for minors, which LB574 would outlaw, is best practice. "These professionals and associations testified in opposition at the Committee Hearing on the bill to these findings," one section of the statement reads, "The Minority Committee Members object to the current form of this section as it does reflect mainstream medical or scientific consensus."

Minority statements have been discussed and considered in the past, but the action has never actually been used. Brandon Metzler, Clerk of the Legislature, said "We never see it done, but it's basically the ability to add your individual thoughts to a piece of legislation coming out of committee that you may either agree or disagree with the majority." The statement did not affect the final vote on the bill as it passed Thursday morning on a slim vote. 

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UNUSED GALLERY ON FIFTH FLOOR OF NEBRASKA CAPITOL EYED AS A VISITORS CENTER AND MUSEUM

LINCOLN- High inside the Nebraska Capitol's Rotunda is an unused gallery where one can get a bird's eye view of the beautiful and immense artwork in the dome and mural-lined hallway of the building. Last Thursday, current and former senators joined in to tout a $3.9 million project to turn the currently vacant, fifth-floor space into a visitor's center complete with displays about the make-up of Nebraska's government and the history of the building itself. 

"This could become one of the most popular viewing locations in the building, and a place of learning," said former State Sen. Dave Pankonin, who previously represented Louisville. Pankonin joined with current State Sen. Robert Clements to call for the passage of LB812, which would allocate the funds necessary to transform the gallery. 

Previously, the fifth-floor space was intended to be a visitor's center by the Capitol's Architect, Bertram Goodhue, but has sat unused for nearly four decades. Sen. Clements, who introduced the bill to allocate funding for the renovation, said he was approached by a myriad of former state senators calling for the change. "It's something that we all talk to our fourth graders about," said Clements, "There's ample space."

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DUELING GOP BILLS TO IMPLEMENT VOTER ID COULD HIT RURAL AREAS HARDEST

LINCOLN- Three legislative proposals, Sen. Slama's LB 535 and Sen. Erdman's LB's 228 and 230, seek to require voters to show a valid ID prior to voting and, for those voting by mail, to have a notary sign the ballot before dropping it off. However, according to maps released by the Secretary of State's Office, authorized notaries are few and far between in rural Nebraska, creating potential difficulties for those living in that region of the state. 

Some expect these proposals, if they pass, to severely limit who gets to vote by mail in rural and suburban areas of the state, including the largely rural counties of Harlan, Wayne, Thayer, Hamilton, Gage, Adams, Fillmore, and Cass, who's citizens have historically voted by mail in large numbers. For those in these areas that do vote in person, voting often requires traveling large distances.

Sen. Slama stated that she had gotten inspiration for her notary-requirement bill from neighboring states like Missouri and South Dakota, which have implemented similar proposals. If Sen. Slama's bill passes, and no new notaries are authorized prior to the next election, certain rural notaries will be expected to sign off on over 100 mail-in ballots, should the citizens in those areas choose to vote by mail. 

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TRANS CARE BAN ADVANCES, FUTURE ACTION MAY HINGE ON AMENDMENT

LINCOLN- Following a three-week filibuster, as well as three days of contentious debate, the Nebraska Legislature has passed Sen. Kauth's LB574, a bill that would restrict individuals under the age of nineteen from receiving gender-affirming care, on a 30-17-2 vote. However, before this, the body voted to end debate, or invoke cloture, which passed 33-16, the minimum amount of votes required to push this motion through. 

State Sen. Christy Armendariz, alongside Sens. Tom Brandt and Jana Hughes, either did not vote for LB574 or voted against it. Armendariz stated that she did not "want to encroach on [parent's] rights" by voting to pass the bill, and Hughes stated that she would've voted for the bill if an amendment had been introduced that narrowed the bill. "I came here to do property tax relief and broadband," said Hughes. 

The mentioned amendment would just ban gender-altering services. The amendment was introduced by the bill's sponsor, Sen. Kauth, and is framed as a compromise. Opponents have spoken out against the amendment, Sen. Machaela Cavanaugh said, "So now you want to compromise to assuage your guilt? No thank you." Kauth has expressed concerns that the bill may fail to pass without the addition of the amendment.

Following this vote, a myriad of Democratic senators pledged to continue the filibuster until the end of the Legislative session. Many of them also expressed anguish at the passage of LB574 through its first round of debate, with Sen. Day saying, "How hard it is to be a kid, let alone having your very existence being debated by adults on TV."

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PROPOSAL THAT TARGETS GOVERNMENT-ASSISTED 'HOME EQUITY THEFT' AIRED DURING PUBLIC HEARING

LINCOLN- A myriad of individuals from several different industries, including a retired judge, an Omaha City Council members, and a civil liberties lawyer, were among those who stood to support a bill on Thursday that would end what some have called government-assisted "home equity theft."

LB577, the bill in question, was introduced by Sen. John Cavanaugh and would, according to the lawmaker and several proponents, protect homeowners from losing property and equity valued far above the amount they failed to pay in property taxes. During a public hearing for the bill, Cavanaugh insisted that he would work with both sides of the debate to perfect the bill, since it came under heavy fire by proponents, mostly county treasurers who were concerned about additional costs. 

Aimee Melton, of the Omaha City Council, spoke in support of the bill, saying, "I have to say it's somewhat rare when you get all seven Omaha City Council members to agree on something. I agree we all need to pay our taxes...But the current process we have is not equitable." However, John Ewing, the Douglas County Treasurer, stated that, if passed, the bill would cost his region $600,000 in the first year, as well as $443,000 in subsequent years. 

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SENATORS WHO PROMISED TO STALL LEGISLATION IN NEBRASKA HOLD TRUE TO WORD

LINCOLN- During the debate on LB574, opponents made it clear that if the bill were to advance, the familiar filibuster will make its return in the reaming forty days of session and in a much stronger form. A day after that bills advancement, opponents of the bill held true to their word, providing a picture of the upcoming weeks.

Senator Macheala Cavanaugh, who has led the filibuster in previous weeks, said it does not matter what the bill or subject matter is, it will be filibustered. The body debated LB276 Friday morning, a behavioral health bill, but it could not move from its first round of consideration despite support from both sides of the aisle. Instead, the conversation rehashed the debate earlier this week that would prohibit anyone under 19 from seeking puberty blockers, cross-sex hormones, or gender-affirming surgery in Nebraska.

Some opponents of LB574 sided with Sen. Cavanaugh on that subject but had criticism for the filibuster tactics. Sen. Terrell McKinney had a bill scheduled that was not reached due to the filibuster. He told his fellow lawmakers that they needed to move on so the Legislature could address other issues this year. Sen. Justin Wayne said that the body needs to be more selective of where they filibuster since they could be shutting out legislation that benefits Nebraskans.

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PARTIAL REPEAL OF MOTORCYCLE HELMET LAW ADVANCES IN NEBRASKA LEGISLATURE

LINCOLN- A bill relating to motorcycles and the helmet laws surrounding them was advanced out of the Transportation and Telecommunications Committee. LB91 was introduced by State Sen. Ben Hansen of Blair, who also named it as his priority for the session. It advanced out of committee on a 5-2 vote.

If passed, the measure would Nebraska in a long list of states who have eliminated or started to relax helmet laws for motorcycle riders. In Nebraska, helmets have been required since 1989 despite multiple attempts to change the legislation. Hansen, a chiropractor and motorcycle rider, has argued that people should be free to decide if they want to take the risk of riding without a helmet.

To be eligible to drop the helmet under the bill, one must be 21 and complete a basic certification course by the Motorcycle Safety Foundation. Those passing through the state, may also drop the helmet if they have taken a similar class. Protective eyewear would become the new requirement if the bill is passed.

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NEBRASKA LAWMAKERS CHAFE AT HHS DIVERTING $6 MILLION FROM CHILD WELFARE PAYMENT BOOST

LINCOLN- The Department of Health and Human Services was given $15 million in federal pandemic recovery money. They only used $3 million for increasing payments to providers and spent $6 million on other projects. The agency has not determined what to do with the rest. In an email sent to service providers on June 21 last year, agency officials said the first $6 million would go to start a pair of pilot projects and to help children leaving the foster care system through adoption, guardianship or independent living.

This use angered lawmakers. Sen. Mike McDonnell, who has introduced a bill to raise child welfare rates over the next two years, accused HHS of being “tone-deaf” on the issue and acting like a fourth branch of government that can override legislative decisions. He called it disappointing and said it contributes to the already large distrust of HHS.

Andrew Keck, deputy director of the HHS Children and Family Services division, said the agency decided to use the $6 million of federal money for the current fiscal year on one-time expenses. He said the agency is working to decide about the $6 million for the upcoming fiscal year. McDonnell said the department’s decision to divert the first $6 million means Nebraska has not made the progress lawmakers intended in bringing payment rates closer to covering costs for private provider agencies and individuals who contract with the state to care for abused and neglected children.

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MORE THAN $3 BILLION IN PROPERTY TAX RELIEF MEASURES ADVANCE IN NEBRASKA LEGISLATURE

LINCOLN- Property owners could get more than $3 billion worth of property tax relief over the next six years under a legislative package advanced by the Revenue Committee. LB243 advanced on a 7-0 vote with amendments to the full body. The amended bill, introduced by State Sen. Tom Briese of Albion, combines measures that would increase Nebraska’s two property tax credit programs, cap school property taxes and eliminate almost all community college property taxes.

The package represents the second major piece of Gov. Jim Pillen’s tax cut and school aid plan. The committee advanced a separate package of income tax cuts last week. A bill to make changes in state aid to K-12 schools is pending before the Education Committee. Briese, who has long targeted property taxes, said this year’s property tax package would offer “tax relief for everyday Nebraskans.”

LB243 and LB754 are expected to reduce the state tax revenues by at least $3.3 billion. Briese said he expected there may be some questions raised about whether the state can manage $6.6 billion or more of tax cuts over the next six years. But he expressed confidence in Nebraska’s ability to make those kind of tax changes, while keeping essential government services operating.

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NEBRASKA STATE SENATOR MERV RIEPE PROPOSES LESS STRINGENT, 12-WEEK ABORTION BAN

LINCOLN- The abortion bill in the Nebraska Legislature may have a new direction as Senator Merv Riepe proposed amending LB626 to instead make abortions illegal after 12 weeks. The current bill would ban abortion after about six weeks of gestation. Sen. Riepe said he and other senators who oppose abortion but prefer a “measured approach” want to discuss an alternative to the “heartbeat bill". 

Riepe said the “six-week ban is tantamount to a total ban,” which many of his constituents oppose, he said. His comments echoed the views of most of the doctors who testified against LB 626 in a public hearing. The bill's sponsor, Sen. Joni Albrecht, said she is disappointed by the amendment and it may put the bill in jeopardy when the debate comes. 

Currently, there are believed to be exactly 33 votes for LB626, the exact amount needed to pass the bill. A single senator's departure could fail the bill in all. Sen. Albrecht said  Riepe’s 12-week ban “is not acceptable to myself or the other 32 (supporters).” She argued that her bill is “not about a ban.” Riepe has indicated that he will be the 33rd vote in the first round of debate but expects a fair and in-depth debate in the second round. 

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SOUTH AND NORTH OMAHA MULTIMILLION-DOLLAR BILL GETS ANOTHER AIRING, AND GOOD VIBES FROM LAWMAKERS

LINCOLN- On Thursday, advocates for a large North and South Omaha stimulus bill again crowded into the Nebraska State Capitol to support economic development in these areas. Instead, however, testifiers for the updated Economic Recovery Act spoke before the Legislature's Appropriations Committee, rather than the Urban Affairs Committee where testimony was heard on LB531 last Tuesday.

While the Appropriations Committee took no immediate action on LB785, the companion bill to LB531, a few of its members were outspoken in their support for economic development in these historically underserved areas of Nebraska. Sen. Anna Wishart told the committee of a pledge she made to state Sen. Justin Wayne while they were climbing Mount Kilimanjaro, indicating her support for the stimulus bill.

Sen. Christy Armendariz also supported the bill, saying, "I come from North Omaha. I'll make sure it's spent the way it was intended to be spent." While the Legislature approved a $335 million Economic Recovery Act last year, Sen. Terrell McKinney believed a more detailed distribution plan would be necessary to reach the most people, prompting him to create LB531 and LB785.

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NEBRASKA BILL WOULD EMPOWER MENTAL HEALTH EXPERTS TO PLACE PEOPLE IN EMERGENCY CUSTODY

LINCOLN- LB668, introduced by Sen. Raymond Aguilar, would give mental health professionals the ability to take dangerously mentally ill patients into emergency protective custody. Under current statute, a law enforcement officer can take someone into protective custody, normally at a medical facility, jail, or other corrections facility, if they are believed to pose a threat to themselves or others.

However, under LB668, that ability would extend to certified mental health practitioners. Police presence is often necessary in these situations, but according to Lance Braun, the legislative aide to Sen. Aguilar, it can traumatize those already experiencing a traumatic situation. "Ultimately, these individuals are ill, they're not criminals," said Braun in defense of LB668.

A similar bill was introduced by Sen. Mike McDonnell last session, but the Legislature ran out of time to pass it. Braun went on to argue during the public hearing for the bill that it would help victims of mental illness feel safer and more comfortable, while alleviating some of the burden placed on law enforcement. "Our law enforcement officers are to be commended, bu they should not be the first line of defense in many of these instances," finished Braun.

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WATER WOES, FROM LEAD PIPES AND NITRATES TO TOO LITTLE WATER, AIRED IN NEBRASKA LEGISLATURE

LINCOLN- A plethora of water woes were presented to the Legislature's Appropriations Committee on Wednesday during a hearing for Sen. Hansen's LB672, which would set up a $30 million revolving loan funds through the Nebraska Department of Environment and Energy to help communities expand and update their water systems. If passed, over 50% of the loan could be forgiven.

Some of the concerns aired by city and town officials, as well as citizens, included lead in old Omaha service pipes, high nitrate levels in rural community wells, and not enough water flowing toward Blair's expansive biotech campus. Blair Public Works Director Al Shoemaker testified in support of the stimulus funding, saying that, by expanding the town's water system, they could keep business inside of Blair. "We need to keep our water rates as competitive as possible," Shoemaker told the Committee.

Sen. McDonnell introduced LB613 as well on Monday, a bill that would transfer $45 million from the state's cash reserve to help owners of old homes, mostly in Omaha, update their house's piping systems and remove leaded pipes. Metropolitan Utilities District Officials said that the current lead pipe replacement program is only reaching around 200 homes a year, and that LB613 would significantly increase this number.

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NEBRASKA LAWMAKER PRESENTS TASK FORCE RECOMMENDATIONS TO IMPROVE SCHOOL SAFETY

LINCOLN- LB516, introduced by Sen. Lynne Walz and presented to the Legislature's Education Committee on Monday, would implement several recommendations from the State's School Safety Task Force, which was led by Walz and then-Education Commissioner Matt Blomstedt. Walz cited the recent Uvalde, Texas shooting as the main reason she introduced LB516, saying that that shooting "really put a spotlight on safety, security, and preparedness practices" in schools.

If passed, LB516 would hire a regional specialist to provide tailor support and increased training, appropriate funds to support the Safe2HelpNE reporting hotline, create a $15 million grant program related to safety infrastructure, and establish another $5 million grant for schools to hire mental health practitioners and school psychologists.

"The fact of the matter is that none of us want to believe something like this will happen here," Walz told the Education Committee, "But we have had a few incidents, and we need to be prepared for future ones." Nebraska's School Safety Task Force was created just two days after the May 24 shooting in Uvalde last year, and educators, parents, and the public were invited to participate.

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'HAVE JOBS, NEED PEOPLE' IS THE MESSAGE AT NEBRASKA 'WORKFORCE WEEK' EVENT

LINCOLN- Nebraska ranks amongst the top 5 states with low unemployment coming in at 2.5%. The state has continued to add jobs over the past year, but the statewide chamber president says there are 80,000 opportunities still out there. Essentially, everyone who wants to work is already doing so in the state.

'Workforce Week' kicked off this week as program development, outside recruiting, and retention remains the focus in Nebraska. “Here we are in Nebraska with a lot of jobs, many jobs to offer, not enough people to fill those jobs, and a very low unemployment rate,” said Lt. Gov. Joe Kelly. “No matter how you slice those numbers, we all come back to that same situation: Nebraska needs workers.”

Bryan Slone, president of the Nebraska Chamber of Commerce and Industry, said he is often asked which type of jobs are short employees. His reply is that the demand is across the board in all occupations. Slone note two bills in this years session that he thinks could make a difference moving forward. Those bills are LB610 and LB416.

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KIMBALL LEADERS RESPOND TO GOVERNOR'S DECISION NOT TO SUPPORT FUNDING FOR MISSILE SILO PROJECT

KIMBALL- A disagreement between the city of Kimball and the governor's office has arisen. Gov. Pillen announced that LB712, a bill aimed at funding the expected Sentinel missile silo project, did not make the cut for the governor's budget. Gov. Pillen said he has made his priorities clear, he followed this by saying "I want to assure those in Kimball and the Panhandle, the federal government will provide all necessary funds to undertake this missile project. The workforce camp will be located in Kimball, will be self-sufficient and will not need additional resources from the community to be operational."

Kimball officials were at odds with the Governor's outlook on the project. Mayor John Morrison said, "LB 712 is for the estimated 3,702 indirect jobs that we have been told will come, about the population of Kimball County now," Morrison said. "This is why we need LB 712. As soon as possible, Kimball needs to update our existing infrastructure and add to it so that more housing and commercial buildings can be built."

Gov. Pillen did say that if it turns out that the funding is necessary it will be addressed. Pillen said he has spoken with the military: "Those representatives have said, and they stand by this -- additional funding is not necessary, either now or in the long-term." Pillen acknowledged the communities concerns but said, "I believe misinformation has been shared and that has led to confusion about the nature of this workforce and the resources required to support it."

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MORE LEGISLATIVE CONTROL URGED OVER SPENDING OF STATE LAWSUIT SETTLEMENT FUNDS

LINCOLN- State Sen. Danielle Conrad's LB696, which was presented to the Legislature's Executive Board, would allow for more legislative oversight into how state legal settlements funds are collected and spent. Currently, the state's settlement "cash fund" sits at a hefty $28.1 million, but Conrad stated that she wanted the Legislature to decide how those funds are utilized.

"I see this proposal as a classic good-government measure," Conrad told the Executive Board. The funds, Conrad went on to state, should be directed toward the "harm" that prompted the lawsuits in the first place, not used to pay the salaries of lawyers and other staff. However, Attorney General Mike Hilgers told lawmakers that Conrad's bill was largely unnecessary.

Hilgers told the Board that his office has the right to use cash funds for the public good and that the money has been used to meet the needs of state personnel and Nebraska's customer protection division. Over the past few years, the state has joined in and won several lawsuits against pharmaceutical companies, retailers, social media corporations, and, more recently, President Biden's student debt relief plan and the federal "Water of the United States" rule.

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NEBRASKA LEGISLATURE MOVES FORWARD ON CREATION OF STATE BROADBAND OFFICE

LINCOLN- The Nebraska Legislature's Transportation and Telecommunications Committee advanced a handful of bills on Monday that would officially establish the Nebraska Broadband Office with the goal of providing reliable broadband services to all state residents by 2028. The Committee advanced LB683, a bill of particular import, which was drafted in response to Gov. Pillen's executive order calling for the creation of the office.

LB683, as well as several other bills tied to the Broadband Office, will be the Committee's priority bills going forward. Currently, the state's broadband services fall under the purview of the Public Service Commission, but will soon be moved to the State Department of Transportation. Gov. Pillen will be tasked with selecting the office's director, who would then serve in the governor's cabinet.

Sen. Machaela Cavanaugh was the sole dissenting vote in the committee, saying that the set of bills would take away too much power from the elected legislative body and give it to the governor. Sen. Wendy DeBoer echoed a similar sentiment, saying that Gov. Pillen's executive orders have complicated efforts to expand broadband. "There's a mess because of the executive order," said DeBoer.

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NEBRASKA'S FLOOD POSITIONED TO HELP FRAME HOUSE RESPONSE TO CALIFORNIA BANK FAILURE

WASHINGTON D.C.- Rep. Mike Flood is at the center of the House of Representatives' response to the failure of the Silicon Valley Bank. He said that he is impressed by the immediate federal government reaction to the potential financial crisis and remains alert to protecting the security of Nebraska banks. "I saw the best of the federal government at work over the weekend," the 1st District Republican congressman said, "as it provided real-time oversight during a crisis" and kept members of the House Financial Services Committee informed.

Flood has now turned his focus to avoid a ripple effect across the nation that may leak all the way back to Nebraska. "Nebraska banks are very well-capitalized and regulated and very conservative in lending," the congressman said in a telephone interview. Swift federal action was designed to "make sure there wouldn't be a ripple effect" that took other banks down, he said.

Flood said without quick federal action, it was possible that there would be several other bank failures across the country. He is looking into the causes of the failure and wants an answer to the question, "What role did Twitter play in spreading information with lightning speed?" Flood assured that the best people are at the helm, and they will continue working hard over the coming weeks.

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NEBRASKA LAWMAKERS ADVANCE ONE PARENTAL CONTROL BILL, WHILE OTHERS LIE IN WAIT

LINCOLN- On Monday, the Nebraska Legislature's Education Committee voted 7-0 to advance LB71 to the floor, a bill introduced by Sen. Rita Sanders that would require that all public schools disclose instructional materials to parents and allow parents to request that their child be excused from certain materials or lessons. The bill is co-sponsored by Sens. Albrecht, Briese, Linehan, and Murman.

Sen. Murman introduced a similar bill, which he described as a more comprehensive version of LB71. Murman's bill, LB374, dubbed the Parent's Bill of Rights and Academic Transparency Act, would give parents access to review all learning materials their school uses and allow them to withdraw their children from lessons or activities that use materials that conflict with the "parent's firmly held beliefs, values, or principles."

Although Murman voted to advance LB71, he stated that he hasn't given up on attempting to pass LB374. He went on to state that the Education Committee is still discussing his bill, and that it may end up being merged with another proposal that is being considered as one of the Committee's priority bills this session.

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