NEBRASKA K-12 EDUCATION FUNDING BILL MOVES CLOSER TO PASSAGE

LINCOLN- A legislative proposal that would provide $1,500 per student in foundation aid and help cover 80% of special education costs moved one step closer to passage on Tuesday after several hours of debate. If passed, the bill would represent Nebraska's largest state investment in K-12 education since state aid to education was created in 1990. 

The Legislature, which spent much of this year's session fighting over controversial bills and staring down a drawn-out filibuster, advanced LB583 with immense bipartisan support, passing the package on a 43-0 vote. The spending for LB583 would come from a $1 billion Education Future Fund that is now part of the separate budget bills. 

"Every child, whatever district they're from, east or west, north or south, deserves state help," said Sen. Rita Sanders, the sponsor of the bill, "Time and time again, it was that special needs funding piece that kept coming up, and I think we're in a good position to work with our federal delegation on their piece of this."

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NEBRASKA LAWMAKERS TURN UP PRESSURE ON COMPANIES USING CHINESE CELL TOWER PARTS

LINCOLN- On Monday, the Nebraska Legislature advanced an amendment contained within the Transportation and Telecommunication Committee's LB683 that would require all Nebraska companies currently using Chinese-made technology on wireless towers to immediately remove the parts. Under the amendment, the punishment for refusing to do so will be millions of dollars lost in subsidies that are typically given to these companies to expand Nebraska's cellphone network.

According to Sen. Mike Jacobson, the reason for such an amendment is to protect our hundreds of intercontinental ballistic missiles, which largely reside underground in the western and central regions of the state. Jacobson cited a report issued by the Department of Defense as reason for the amendment, which stated that it wouldn't be a leap to assume that the equipment could be utilized to collect data on Nebraska's military installations, including Offutt Air Force Base. 

"When you don't act in good faith," said Jacobson, it's time to take other action." State lawmakers have argued that Viaero Wireless, a cell company that utilizes Chinese technology, has been given ample time to remove the parts but has refused to do so. Viaero Wireless stated that the parts are very likely not being utilized to collect intelligence. However, Nebraska's Public Service Commission has identified over 18 Viaero cell towers using the Chinese equipment, with some residing quite close to major metropolitan areas.

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BILLS RELATED TO VICTIM REPARATIONS INTRODUCED IN NEBRASKA LEGISLATURE THIS YEAR

LINCOLN- Two bills have been introduced relating to Nebraska’s Crime Victim’s Reparations program during the ongoing legislative session. Omaha Sen. Wendy DeBoer, a Democrat, introduced a bill (LB757) based on findings in a survey of 18 programs that help victims across the state. The bill lengthens the deadline for reporting the crime to police from three to five days, extends the filing deadline for minors and lets the CVR committee consider applications that miss the deadline for “good cause.” 

The bill received a priority designation from Speaker John Arch, a Republican from La Vista, who has 25 such designations to dole out per session. The Judiciary Committee approved it unanimously, sending it to the full Legislature for consideration. LB315, from Omaha Sen. John Fredrickson, a Democrat, would ban medical providers from referring victims of sexual assault, domestic assault, trafficking or child abuse to collections. 

Victims are routinely billed for medical costs because they don’t have insurance, they haven’t used it or it didn’t cover certain services, said Katie Welsh, legal director at the Women’s Center for Advancement, at the bill’s public hearing. Fredrickson has now proposed LB315 as an amendment to DeBoer’s LB757, which he said was done in agreement with Arch and DeBoer. 

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SOME BUSINESSES THAT ENDORSED A LETTER AGAINST ANTI-LGBTQ PROPOSALS FIELD 'HARASSING' CALLS

OMAHA- Andrea Kathol, founder of Field Day Development, was one of several businesses and nonprofits who endorsed the letter and subsequently were contacted by phone. A call that led to Kathol calling the police about what she considers a threatening call from a person angry over a public letter urging state officials to drop bills targeting LGBTQ rights. Kathol said she was so sickened by the message, which was filled with foul and derogatory language, that at a certain point she stopped listening. 

Kathol proceeded to warn her staff of the phone call and lock the doors to her business. The call, in part, said: “Hey loser, what the (expletive) is wrong with you? You want males in girls sports? How (expletive) is that? … Are you mutilating the genitals of children as we speak or just advocating for that? … You’re (expletive) outed.” The caller said the motive for her actions were thoughts about the future of her eight daughters, her sisters, and other women. 

The letter was signed by more than 100 business and nonprofit leaders. It objected to “harmful social legislation” and cited proposed Legislative Bill 574, which would block minors from receiving certain gender-affirming procedures, and LB 575, which would ban transgender girls from competing in girls school sports. The letter highlighted that the bills would harm recruitment and retention in the state. 

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SENATORS TO TRY AGAIN TO LIMIT ABORTION RIGHTS, PAIRING IT WITH A BILL INVOLVING GENDER CARE SET FOR DEBATE NEXT TUESDAY

LINCOLN- In the final days of the 2023 legislative session, abortion rights have been reintroduced to the body. On Monday afternoon, an abortion-related amendment to the bill that would ban gender-affirming procedures for minors was unveiled. The amendment would provide for a 12-week ban on abortion. Sen. Megan Hunt said that pairing together “the two most explosive bills” of the 2023 session would cause even more friction in a session overflowing with it. 

LB626 failed two weeks ago after failing to overcome a filibuster by a lone vote. In the days following the defeat of LB626, there have been multiple backroom discussions about whether a less-restrictive abortion ban — something like the 12-week ban introduced by State Sen. Merv Riepe of Ralston — might be resurrected for debate. Those discussions led to an amendment called the “Preborn Child Protection Act." 

The idea is that pairing the two measures into LB574, and making them less extreme, might bring enough support so that both could pass in the waning of the 2023 session. The new abortion segment of the bill includes exception language from the original LB 626 for rape, incest and life of the mother. State senators, as well as Gov. Jim Pillen — an opponent of abortion rights — were involved in crafting the compromise proposal. The pairing may violate the Nebraska Legislature's 'single subject rule,' which prohibits bills of two different topics from being passed together. 

On Wednesday, Speaker of the Legislature John Arch announced that LB574 would be up for debate next Tuesday. However, because the bill is on its final round of debate before passage, it would need to be pulled back in order to have amendments attached to it. Thus far, it is unclear if such action will be taken. Such a move would require the bill to go through two more rounds of debate and filibuster, as well as a consistent 33 votes to invoke cloture and move the bill forward. 

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PARTS OF NORTHEASTERN NEBRASKA CONTINUE TO DEAL WITH EXCEPTIONAL DROUGHT CONDITIONS

NORFOLK- Over the past few weeks, Nebraska farmers have begun to plant their fields ahead of the upcoming growing season. However, the northeastern region of the state is suffering from a D4 intensity drought, the worst drought classification any state can be in. "We did happen to catch right here about 70 hundredths of the rain last night," said Kurt Janke, a Nebraska farmer in the region, "so that was good. And we're just going to have to keep getting timely rains."

According to a report released by the Lower Elkhorn Natural Resources District, 2022 was the driest year in history for many parts of Nebraska. Unfortunately, 2023 might be even worse for certain regions. "Year to date, Norfolk is still below average precipitation. Currently sitting at 2.5 inches below average on the year," said Brian Bruckner, a spokesman for the LENRD. 

Bruckner stated that several towns and cities in the state already have water restrictions in place, which were established in anticipation of a particularly dry year. Bruckner recommended that Nebraskans pay attention to their community announcements for any changes regarding water usage, especially in areas where drought conditions are expected to continue.

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NEBRASKA COMPROMISE ON VOTER ID APPEARS NEAR

LINCOLN- Late last week, state Sens. Julie Slama and Tom Brewer sent outlines of a new voter ID proposal to the Legislature's bill drafters, leading many to believe that a compromise on the contentious bill has been found. The new proposal, an updated version of Sen. Slama's LB535, which would require voters to present a valid ID before casting a ballot, clears up three areas previously considered cloudy and vague. 

The areas addressed by the new proposal include which types of ID would be accepted, how and when the state would verify the IDs of voters using mail-in ballots, and whether the bill would add additional checks on every voter's immigration status. Slama announced that the new bill would allow for the use of state ID cards, student ID cards, nursing home IDs, as well as expired IDs, which were prohibited in the initial draft of the bill. 

The bill also allows witnesses to sign and vouch that they had seen a person's photo ID after an individual fills out and seals a mail-in ballot. These witnesses, under the new proposal, could be held liable if found to have lied. The final bill will also not add any additional checks to verify a voter's citizenship status. Sen. Brewer stated that he expects to hold an executive committee meeting to address the new language, and believes the bill should be ready for debate by mid-May.

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SEVEN NEBRASKA AIRPORTS TO SEE UPGRADES WITH $17 MILLION IN FEDERAL GRANT FUNDS

LINCOLN- Seven western and central Nebraskan airports are set to receive roughly $17 million in federal grant funds to help upgrade runways, hangars, and make other helpful improvements. The Federal Aviation Administration grants come from the second funding round of the Airport Improvement Program.

The Program is meant to help smaller airports promote safety, security, and environmental stewardship. Cities benefiting from the grants include Ainsworth, Burwell, Norfolk, North Platte, Scottsbluff, Sidney, and Wayne, according to the Nebraska Department of Transportation. 

"We're happy to be able to partner with FAA Central Region in Kansas City to get this essential grant funding to our airports," said Anna Richart, director of the aeronautics division at the Department of Transportation. Western Nebraska Regional and the William B. Heilig airports with receive around $12 million to rehabilitate their runways, while four additional airports will be granted funding for new hangars.

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NEBRASKA PROBATION OFFICE FAILED TO PAY SOME MENTAL HEALTH CARE PROVIDERS FOR MONTHS

LINCOLN- The rollout in January of a new payment portal for mental health care providers treating Nebraskans on probation came with technical challenges that went undetected for more than two months and left some health care providers unpaid for longer. Nebraska's probation office pays around $50 million each year to state service providers that evaluate, treat, counsel and sometimes house probationers who otherwise could not afford the treatment. 

When the new portal went live Jan. 1, each provider had to register for the new system all at once — a process that required more support from probation office employees than the state had anticipated — while a breakdown in the new system halted payments to some providers for months. Though the system worked flawlessly for some providers, others submitted payment requests that went unfulfilled for nearly four months, leading to a backlog of approximately 1,500 unpaid bills at its peak.

It's not clear exactly how much money the state owed providers when the backlog peaked, but from April 21-27 the office processed 1,215 vouchers that amounted to nearly $2 million in payments, many of which were backlogged from weeks or months prior. The payments the office processed over that period — which totaled $1.94 million — were paid to 260 separate health care and house providers, for an average of about $7,400 per provider. 

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OPS BOARD APPROVES SUPERINTENDENT SEARCH TIMELINE

OMAHA- The Omaha Public Schools board has approved a new timeline for its superintendent search. The timeline, which spans roughly nine months, begins with public input through an online survey in mid-May and ends with finalist interviews and superintendent selection in mid-February. It was advanced on a 5-4 vote at a Monday board meeting. 

The approved timeline works through three stages of vetting. The public will be able to give input through an online survey in both May and September. Board members won’t be officially interviewed until September, with stakeholder meetings taking place Oct. 3-5. Following public feedback, the superintendent job application period will open on October 17 and will close on January 16. 

The rest of the timeline explains that Matt Ray, interim superintendent, will lead the district for the entire 2023-24 school year, with the next superintendent starting in the 2024-25 school year. The school board will review semifinalists the first week of February, and finalists will be selected by Feb. 5. Public interviews of finalists will take place Feb. 12-16 before the next superintendent is selected. 

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U.S. REPS. SMITH, DINGELL INTRODUCE LEGISLATION TO INCREASE ACCESS TO HOME-BASED HEALTH SERVICES

WASHINGTON D.C.-  U.S. Rep. Adrian Smith, R-Neb., has introduced bipartisan legislation meant to increase access to home-based health services and modernize Medicaid reimbursement. Alongside Rep. Debbie Dingell, a Michigan Democrat, Smith introduced the Expanding Care in the Home Act earlier this week. The legislation aims to bring house calls back to Medicare beneficiaries and bolster the accessibility and affordability of home dialysis for kidney patients. 

They highlighted the importance of access to care beyond the traditional medical settings following the Covd-19 pandemic. “As we identify opportunities to modernize the care seniors can access, we must consider the convenience and comfort home care offers them,” Smith said in a statement. 

Smith and Dingell said the proposal would also further enable the delivery of advanced diagnostic imaging in the home, expand access to home infusion services and create a personal care services benefit in Medicare to fill the gap for people who cannot afford to pay out of pocket yet do not qualify for home care services by Medicaid. The bill was referred to the House Energy and Commerce Committee and the Ways and Means Committee. 

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FRIENDS OF STATE ENVIRONMENTAL TRUST SAY PROPOSED FUNDING TRANSFER MIGHT BE UNCONSTITUTIONAL

LINCOLN- Supporters of the Nebraska Environmental Trust called on state lawmakers Tuesday to reject a proposed transfer of $14 million out of the Trust, a move they are calling unconstitutional. Sandy Scofield, a former state senator and head of the Friends of the Environmental Trust, alongside Lynn Roper, a former member of the Trust's Board, are considering putting forth a lawsuit to block the transfer.

The Pillen administration proposed to transfer the $14 million out of the Environmental Trust over the next two years and place the funds into a water resources fund controlled by the Nebraska Department of Natural Resources. The Legislature's Appropriations Committee also included the transfer in its proposed budget.

"This is a steal, in my opinion," said Roper, "With the current state funding surpluses, certainly there are other funds available." Scofield and Roper joined around a dozen other supporters of the Environmental Trust at a press conference at the Nebraska Capitol on Tuesday. There, several speakers argued that the Environmental Trust has strayed from its mission to "conserve, enhance, and restore the natural environments of Nebraska." 

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SENATOR RICKETTS WELCOMES USDA'S DISASTER DECLARATION FOR 13 NEBRASKA COUNTIES

WASHINGTON, D.C.- Sen. Pete Ricketts, on Wednesday, lauded the U.S. Department of Agriculture's decision to declare a disaster in central Nebraska and allow certain counties to apply for emergency loan assistance following substantial droughts. This week, the USDA deemed 13 counties in Nebraska as primary natural disaster areas, as well as 31 counties as contiguous areas. 

"Food security is national security, and it is essential we support our farmers and ranchers during tough seasons to ensure the continued production of our food supply," said Sen. Ricketts, "Nebraska farm operators have been struggling in the face of record-breaking drought conditions, and I encourage all eligible for the emergency assistance to apply."

The newly-deemed designation allows farm operators in the primary and contiguous counties to apply for FSA emergency loan assistance, and have around 8 months to do so. Primary counties affected by the immense drought include Custer, Knox, Saline, Valley, Dawson, Lancaster, Seward, York, Gage, Logan, Sherman, Garfield, and McPhereson Counties.

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ONLY SMALL CHANGES MADE TO STATE BUDGET PROPOSAL, INCLUDING PTSD PILOT PROGRAM

LINCOLN- During debate on Nebraska's biennial budget proposal, north Omaha Sen. Justin Wayne compared living in that region to a "war zone," leading the body to approve an amendment that would appropriate funds from the budget to a pilot program intended to study the need for preventing PTSD among children "through the reduction of community gun violence." On a 28-3 vote, the body approved a two-year, $10 million addition to the budget to provide for this program.

Besides that, however, the budget saw only small changes. Proposed by the Legislature's Appropriations Committee, the budget for the next two years, if approved, would call for just over $11 billion in spending, with an average spending hike of 2.3% per year. A few highlights within the new budget include $366 million for a new state prison, $574 million for the long-awaited Perkins County Canal, and around $715 million for income tax cuts. 

Critics of the proposal, namely state Sens. Danielle Conrad and Machaela Cavanaugh, argued that the budget, if implemented, would be "stealing" money from cash funds held by state agencies rather than be utilizing state tax funds, as is typical. "This budget is about playing politics at its worst," said Conrad during debate over the proposal, "It's full of gamesmanship, it is full of gimmicks, and it's full of tricks." The personal income tax cuts contained within the proposal would, according to the Lincoln-based think tank OpenSky Policy Insitute, benefit only 20% of wage earners. 

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NEBRASKA LAWMAKERS ADVANCE 23 BILLS IN ONE EDUCATION PACKAGE

LINCOLN- On Tuesday, the Nebraska Legislature advanced Sen. Murman's LB705, a substantial package of 23 education-oriented bills. The bill, which faced very little opposition despite the immense amount of bills contained within it, was advanced to its second round of debate on a 40-0 vote. The package addresses a myriad of issues, including Nebraska's growing teacher and mental health resource shortage. 

The underlying bill, LB705, would distribute over $24 million in state lottery funds to various education sources, including college access efforts and opportunity grants. Another notable bill within the package is LB385, a bill introduced by Sen. Lou Ann Linehan that would allocate around $10 million for teacher retainment grants. Under this proposal, Nebraska teachers could receive a $2,500 grant for their second, fourth, and sixth year of teaching. 

According to the Nebraska Department of Education, unfilled teaching jobs across the state increased by nearly 60% over the last school year, going from 482 vacancies to around 768. Many of the bills contained within the package seek to ally concerns surrounding the state's teacher shortage. "The existing workforce shortage has impacted schools large and small," said Sen. Dave Murman. 

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PROPOSAL TO LET NEBRASKA CITIES RESCIND TIF-RELATED 'BLIGHTED' LABEL CLEARS EARLY HURDLE

LINCOLN- On Tuesday, a bill that would allow Nebraska cities to remove a "blighted" designation cleared its first hurdle, and was advanced from the Urban Affairs Committee during an executive session. The bill, LB532 introduced by Sen. Terrell McKinney, changes provisions within the Community Development Law that governs tax-increment financing. 

Under the TIF program, a city must declare an area blighted and substandard before it can approve a TIF loan to help cover the costs of redevelopment projects. Normally, the developer takes out the loan that is then paid back over 15 or 20 years by using property taxes generated by the redeveloped property. After the TIF loan is repaid, property taxes collected on what then should be a higher-value property begins flowing into local governments. 

However, LB532, if passed, would allow the substandard and blighted designation to be reviewed and removed by the city's governing body. Blighted tags have received substantial criticism from those who say they hurt property values within neighborhoods. LB532 was meant to move forward with a proposed amendment to allocate $100 million to the Omaha Streetcar Project under the condition that the city develops a line extending into north Omaha, but according to McKinney, this amendment wasn't attached to the advanced bill.

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BIPARTISAN BILLS AIM TO GET MORE AID TO VICTIMS OF VIOLENT CRIME

LINCOLN- This session, lawmakers in the Nebraska Legislature have introduced two new bills aimed at bolstering the state's Crime Victim's Reparations Program. One of these bills, LB757 introduced by Sen. Wendy DeBoer, lengthens the deadline for reporting violent crimes to police from three to five days, extends the filing deadline for minors, and lets the Crime Victim's Reparations Committee consider applications that miss these deadlines for "good cause." 

The other bill, LB315 introduced by Sen. John Fredrickson, would prohibit medical providers from referring victims of sexual assault, domestic assault, trafficking, or child abuse to collections. Additionally, Fredrickson's bill would bar these providers from "distributing information" that would negatively impact victims' credit scores.

According to Katie Welsh, legal director at the Women's Center for Advancement, victims of violent crime are often billed for medical costs because they don't have insurance. "Victims are in these situations through no fault of their own," said Welsh, "but are bearing the brunt of the consequences. When the bill goes unpaid, it gets sent to a collection agency...which leads to more phone calls and letters ordering the victim to pay up."

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RALSTON, GRAND ISLAND OFFICIALS MAKE LATE PITCH FOR STATE HELP IN ECONOMIC DEVELOPMENT PROJECTS

LINCOLN- Officials with the Cities of Ralston and Grand Island are making a late pitch for state funds to help redevelop sites for new businesses and jobs. In Ralston, officials are eyeing the demolition of a 1950s-era shopping center, called Hillcrest Landing, for redevelopment on the Omaha suburb’s Main Street. In Grand Island, funds are being sought to extend infrastructure, such as water and sewer service, to the 20-square-mile site of the former Cornhusker Ammunition Plant.

Senator Loren Lippincott is leading the charge as he presented an amended version of his Legislative Bill 600 to members of the Transportation and Telecommunications Committee. Under his amendment, $10 million would be transferred from the state’s ample cash reserves into a “Municipality Infrastructure Aid Fund.” Cities and towns could apply for grants of up to $5 million each to revitalize areas for economic development. 

The Transportation and Telecommunications Committee had questions surrounding the proposal in a hearing last week. Committee members were also concerned with the time of the change as the legislative session nears its final days. The committee did adopt the new amendment but did not advance LB600 out of the committee. 

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'MY POSITION HASN'T CHANGED,' SAYS SENATOR WHO REFUSED VOTE FOR SIX-WEEK 'HEARTBEAT' ABORTION BILL

LINCOLN- Following the failed attempt to advance Sen. Albrecht's LB626, a bill that would ban abortions in Nebraska after roughly six weeks, Sen. Riepe, who decided not to vote on the bill and subsequently killed it, said that he would not motion to reconsider the vote, despite meeting with Gov. Jim Pillen. "I've told the governor and his aides what I support," said Riepe, "My position hasn't changed." 

Just hours after the vote was held on LB626, Gov. Pillen and Sen. Riepe held a meeting to discuss a potential re-vote. Riepe, a pro-life Republican, had previously attempted to compromise by introducing an amendment that would ban abortions after 12 weeks, but was soundly denied by his colleagues. Riepe argued that giving pregnant women more time to decide might convince some to choose to keep their baby, and therefore didn't vote on what he saw as a too-extreme proposal. 

Despite his decision not to vote, however, Sen. Riepe did indicate that he would like to see the issue come up again next year, and stated that he wants to find a way to implement further restrictions. Last Thursday, almost immediately following the vote, the GOP committee in Saunder's County voted to issue a verbal censure of Riepe, and, like Pillen, called on the senator to motion to reconsider the vote. "We thought Riepe was on board with six weeks," said John Zaugg, the GOP chairman for Saunder's County, "It was very disappointing. A lot of people feel very passionate about this."

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NEBRASKA CAPITOL BAN LIFTED FOR GUN CONTROL ADVOCATE BARRED FROM GROUNDS

LINCOLN- Just a week after shouting from the Legislative Chamber balcony following the passage of Sen. Brewer's LB77, Melody Vaccaro, executive director of Nebraskans Against Gun Violence, was informed that she would be allowed back into the Capitol after being indefinitely barred. Vaccaro recently yelled "Shame!" while pointing to senators who had voted to advance LB77, a bill that would allow the permitless concealed carry of handguns, and was promptly escorted out of and banned from the Nebraska Capitol. 

LB77, which overcame the filibuster on a 33-14 vote, was signed into law by Governor Jim Pillen last Tuesday. Vaccaro received a letter late last week indicating that her ban was, in fact, not indefinite, and that it would only remain in effect for seven days. "As previously explained, this bar does not prohibit you from entering the Capitol Complex Area for official business, all matters that deal with the Legislature, and events in the Capitol Complex Area," stated the letter.

However, the language contained in the most recent letter conflicts directly with the earlier notice, which stated that Vaccaro was "banned and barred from the Nebraska State Capitol and Nebraska State Capitol grounds." Vaccaro's attorney, Daniel Gutman, argued that the mixed signals sent by the Nebraska State Patrol indicate larger problems surrounding the ban and bar policy utilized at the Nebraska Capitol. 

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