PUBLIC INPUT SOUGHT ON HOW TO REDUCE CARBON IN TRANSPORTATION SECTOR

LINCOLN- Public input is being sought on strategies to reduce carbon dioxide emissions from transportation in Nebraska. The Infrastructure Investment and Jobs Act, signed into law two years ago, requires each state to devise a plan, in conjunction with the state’s metropolitan planning organizations, to reduce carbon dioxide emissions from the transportation sector. The act also provides funding for such state strategies.

So the Nebraska Department of Transportation is soliciting ideas online for the plan, which must be completed by November 15th. In Nebraska, the transportation sector is the second largest source of carbon emissions in the state, ranking behind electric generation uses. The survey can be accessed by clicking HERE.

Transportation activities that contribute to carbon emissions include the burning of fossil fuels in vehicles and infrastructure-related emissions, such as from road construction and street lighting. The NDOT, in a press release, said it has completed internal research and has reviewed its existing policies and activities concerning carbon reduction. It has consulted with Nebraska’s four metropolitan planning agencies and “institutional partners,” NDOT said.

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TORRID TEMPERATURES LED TO CATTLE LOSSES IN NEBRASKA AND CALLS BY GOV. PILLEN AND REP. FLOOD FOR FEDERAL HELP

LINCOLN- Recent blistering temperatures caused higher-than-normal losses of cattle in feedlots in eastern Nebraska, prompting a call from Gov. Jim Pillen for federal help. Pillen said he called U.S. Agriculture Secretary Tom Vilsack requesting prompt financial help for livestock producers via the Livestock Indemnity Program. The governor’s call came four days after U.S. Rep. Mike Flood, sent a letter to the USDA seeking similar help.

The federal indemnity program pays livestock producers roughly 75% of their losses, but losses or injuries must be reported within 30 days to a local Farm Services Agency. “The weather situation only lasted a few days, but some Nebraska producers were significantly impacted,” Pillen said. “Connecting affected producers with emergency resources available to them is important.”

The Governor’s Office could not provide figures on how many cattle died during the recent heat spell, which sent temperatures soaring to near 100 and above for three days last week in east-central Nebraska, including Pillen’s hometown of Columbus. High humidity and the lack of wind compounded heat-related stress, the governor said. Cattle prices are high right now, with the typically feeder steer bringing between $2,500 and $3,000 each.

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FEW NEBRASKA VOTERS HAVE TRIED TO REMOVE NAMES FROM SCHOLARSHIP ACT PETITION

LINCOLN- As a petition drive seeking to overturn Nebraska's newly signed law providing tax incentives for private and faith-based school donors nears its deadline to gather 61,000 signatures, Lancaster County's election commissioner reminded voters they can remove their name from a petition after signing it.

Todd Wiltgen said his office published a downloadable affidavit on the commission's website last week for voters to remove their name from a petition in response to "a few dozen" calls from voters seeking to do so after signing the petition to put the “Opportunity Scholarships Act” on the ballot next year. Wiltgen was appointed to the job by Governor Pillen in February of this year.

While money has flooded into both Support Our Schools and Keep Kids First — the group of state senators, community leaders and business owners urging Nebraskans not to sign the petition — there have been only a handful of petition signers who have actually submitted affidavits to have their signatures removed from the petition, according to officials.

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NEBRASKA AG JOINS FIGHT AGAINST LEGAL DOCTRINE REGARDING FEDERAL REGULATORY AUTHORITY

LINCOLN- Nebraska Attorney General Mike Hilgers recently joined counterparts in 26 other states in urging the U.S. Supreme Court to overturn or clarify a legal precedent that could have major implications for federal regulatory authority. Nebraska was one of 27 states that joined a July 24 filing to the Supreme Court regarding the deference that should be afforded to federal agencies when interpreting ambiguous or silent language passed by Congress.

Known as the Chevron deference, the legal doctrine requires courts to defer to reasonable agency interpretation when regulatory authority is ambiguous. The case deals with the National Marine Fisheries Service and a regulation that requires fishing companies to have an additional person on fishing boats to track regulatory compliance. Companies must pay the monitor’s salary.

Hilgers, in a July 25 statement, said the U.S. Constitution lays out three branches of government, not four, and leaves legislative power to elected representatives, “not unelected and unaccountable bureaucrats.” “Overturning Chevron is a critical step to restoring the Constitution’s protection against the unaccountable use of power and will help save Nebraskans from an endless number of regulations and burdens,” Hilgers said.

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NEBRASKA PROGRAM AIMS TO TURN STUDENTS INTO TEACHERS

LINCOLN- As teacher shortages plague large portions of the United States, the Nebraska Department of Education, which, according to Chesley Greene, a field specialist at the Department, has been tracking the shortages for over a decade, says the state has a plan to address the issue. "As you can imagine, over the last 10 years, those charts and numbers just continue to trend upward," said Greene.

Finding teachers and retaining them has been a big issue for many Nebraska school districts. According to Greene, teacher pay is one of the biggest reasons why teachers are leaving their positions. However, the Nebraska Department of Education, through several programs, including the Educators Rising Program, seeks to help school districts in the state better hire and retain teachers. Created in 2015, the Educators Rising program is designed to help high school students pursue a career in education, as well as ease shortages.

"We have these education courses where they're learning a variety of things related to being an educator," said Greene of the program, "So certainly the history of education all the way through, you know, thinking about classroom management and best practice for instruction, all of those things." Currently, three chapters of the program exist in Lincoln: North Star, Northwest, and the Career Academy. According to Greene, the Department of Education plans to create more chapters in the hopes of, eventually, alleviating the statewide. teacher shortage.

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NEBRASKA TO USE UP TO $2 MILLION IN PANDEMIC FUNDS FOR NATIONAL GUARD TEXAS BORDER TRIP

LINCOLN- Following Gov. Pillen's announcement last week that sixty Nebraska National Guard servicemen would be deployed to the southern border of Texas, it was revealed that the state would be using around $2 million in federal Covid-19 recovery funds to pay for it. Pillen, along with Iowa Gov. Kim Reynolds, agreed not to charge Texas Gov. Greg Abbott for the deployment, which is a rare occurrence for any state requesting aid through the multi-state disaster-response system, and instead decided to foot the bill with state funding. 

Last month, taxpayer funding was utilized to send several Nebraska State Patrolmen to the U.S. southern border, which cost around $128,000. State Sen. Carol Blood, who previously ran against Pillen last year for the governorship, called on State Auditor Mike Foley to begin investigating how Nebraska is utilizing its pandemic relief funding, alleging that they might be used to play "shell games" for political purposes.

"I think of all the small businesses and workforce shortages and all the things we could spend this money on," said Blood, "Why would we tap these resources to help another state when we have all these people we could help in Nebraska?" Sen. Rob Clements, the Republican chair of the Legislature's Appropriations Committee, defended Pillen, arguing that the use of federal funding to cover a federal problem should not be controversial. "The state's total ARPA funding was more than $1 billion," said Clements, "Two million out of that is a very small number."

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NEBRASKA'S CONGRESSIONAL DELEGATION, GOVERNOR SCORED BY COMMON GROUND

LINCOLN- The Common Ground Committee, a nonprofit group that awards each member of Congress and all state governors a score based on their attempts at bipartisanship, weighed in this month on Nebraska's all-GOP slate of top elected officials. The measurements Common Ground uses to build these scores include the number of bipartisan bills cosponsored, their rhetoric when speaking with or about political opponents, how many visits they make to their districts to discuss policy with political opponents, and whether or not they are a member of any bipartisan working groups. A politician's voting record, however, is not counted in the score.

Rep. Don Bacon, who largely represents the Omaha area, scored the highest of Nebraska's officials, with 104 out of 110 possible points. Scoring lowest this year was Sen. Pete Ricketts, who received zero points, the same score he received last year as governor. Sen. Deb Fischer scored 32 points, the same number that former Sen. Ben Sasse received last year before leaving Congress to lead the University of Florida. Rep. Adrian Smith, who represents the largely rural 3rd Congressional District, scored 22 points, while Rep. Mike Flood took in seven points.

Nebraska Gov. Jim Pillen also scored seven points. Bacon, the highest awarded, is trying to amplify his bipartisan credentials as the United States gears up for the 2024 general election, saying that he would continue to reach across the aisle "without sacrificing our personal beliefs to make life better." Rep. Bacon has, in the past, criticized his likely opponent State Sen. Tony Vargas for, among other things, participating in a protest and supporting abortion rights, but Common Ground only removes points from a politician if they name a political opponent in an attack.

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NO DECISION REACHED IN DEFAMATION LAWSUIT AGAINST NEBRASKA FREEDOM COALITION

OMAHA- No immediate decision was reached on Friday during the first hearing of a case alleging that the Nebraska Freedom Coalition, a conservative political action committee, had defamed state Sen. Megan Hunt after accusing her of grooming her transgender son. Douglas County District Judge Todd Engleman, the case's presiding judge, took both sides' arguments under advisement, and took no action on the Coalition's motion to dismiss the suit.

The initial complaint was filed by the Nebraska Legal Action Fund on behalf of Hunt, and accused the Freedom Coalition of making "intentional, reckless, and knowingly false statements." The Coalition's claims, which were cited in the lawsuit, were made on Twitter after Hunt shared that her son was transgender during a floor debate over LB574, a bill that bans gender-affirming care for minors in Nebraska. Following these statements, the Legal Action Fund demanded that the Coalition retract its claims of grooming, but the Coalition doubled down.

The Coalition later filed its motion of dismissal, with their attorney, Robert Sullivan, arguing that Hunt's case was "fatally flawed." Former state Sen. Adam Morfeld, who now leads the Legal Action Fund, claimed in his argument that Hunt and her family have been subjected to harassment and threats of violence ever since the Coalition's accusations were posted. Sullivan argued that the Coalition was simply responding to Hunt's claims about LB574, and was only expressing an opinion on a political issue. He went on to say, "As unpleasant and unfortunate as it is, political discussions often devolve into little more than childish tantrums."

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GOV. PILLEN APPOINTS JIM KAMM AS STATE TAX COMMISSIONER

LINCOLN- On Friday, Gov. Pillen announced that Jim Kamm would assume the role of Nebraska Tax Commissioner, replacing interim Commissioner Glen White, who was appointed to the position following the resignation of Tony Fulton in December of 2022. Kamm is set to assume the role on September 5th.

Currently, Kamm serves as the assistant vice chancellor for the Business and Finance Division at the University of Nebraska at Omaha, where he developed a wide breadth of banking and finance skills. In a press release. Pillen lauded Kamm, saying that he's a "great pick to lead the agency." Kamm responded to the announcement, saying, "I am thrilled to bring my combined knowledge and service in both public and private industry to Nebraska's tax code."

Prior to his employment at UNO, Kamm held several leadership roles at First Westroads Bank, TierOne, and First National Bank in Omaha. Kamm received his bachelor's degree from the University of Nebraska-Lincoln, focusing on finance, as well as a master's degree in business administration at UNO. To close his press release, Gov. Pillen expressed his gratitude for Glen White, who assumed Fulton's duties following his reisgnation, as well as his own as Deputy Tax Commissioner.

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BIG NAMES TO HEADLINE NEBRASKA GOP, DEM EVENTS: CONWAY, WALZ, PEARSON

LINCOLN- As the state nears the 2024 general election, Nebraska's major political parties are bringing in big guests in the hopes of better reaching partisan voters and raising sufficient funding. The Nebraska Democratic Party, for its September 29th Ben Nelson Fundraising Gala in Omaha, is set to feature the titular Nelson, Gov. Tim Walz of Minnesota, and State Rep. Justin Pearson of "The Tennessee Three," who gained nationwide fame after being expelled from, and eventually reappointed to Tennessee's Legislature earlier this year.

Similarly famous, though politically-opposed headliners are also being invited to the Nebraska Republican Party's August 18th Booster Event and State Central Committee meeting. Former Trump campaign manager Kellyanne Conway is set to attend. Conway, who previously advised former Nebraska gubernatorial candidate Charles Herbster, also rose to national fame for her work on former President Trump's campaign.

Walz, a native of West Point and graduate of Chadron State College, is a favorite among Democratic governors, and rose to national prominence after making substantial investments in Minnesota's K-12 education system, moving to protect reproductive rights, and working to cut taxes despite spending large amounts on other initiatives. Ben Nelson, a former U.S. senator and Governor of Nebraska, is famous for casting the pivotal cloture vote for health care legislation under former President Barack Obama. He is also, as of this time, the last Democrat to hold statewide office in Nebraska.

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NEBRASKA'S FEDERAL BENCH ANNOUNCES SELECTION OF NEW MAGISTRATE JUDGE

OMAHA- On Wednesday, Nebraska's U.S. District Court judges announced that Jacqueline DeLuca, an Omaha-based attorney, will join the federal bench, beginning next year, as a U.S. Magistrate judge. Following the retirement of U.S. Magistrate Judge Cheryl Zwart in January 2024, DeLuca will assume the role. Magistrate judges serve eight-year, renewable terms and are responsible for the management of pretrial proceedings in federal civil and criminal matters, as well as the trial of misdemeanor cases.

DeLuca attended Creighton University for both her undergraduate and graduate degrees, winning multiple awards during her time at the Creighton University School of Law for trial advocacy. After serving as a judicial clerk with a Missouri-based federal judge, DeLuca began working at Fraser Stryker in 2013, a firm based out of Omaha. In 2021, DeLuca moved on to work at PayPal as the head of the North American Consumer Litigation and Pre-Litigation Resolution Team.

Applications for Judge Zwart's replacement were accepted in March of this year, and a panel of judges eventually zeroed in on five potential, confidential candidates. DeLuca was then selected from among the five applicants. "Nebraska's federal court, and the people it serves, are very fortunate to welcome such a highly qualified individual to our bench," said Robert Rossiter, Chief U.S. District Judge.

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REP. FLOOD'S 'FINTECH' GATHERING DISCUSSES NEED FOR CRYPTO REGULATION

LINCOLN- On Wednesday, U.S. Rep. Mike Flood held what he called a "Flyover Fintech" forum for over 250 attendees, most of whom work in the business, government, and academia sectors, at the University of Nebraska-Lincoln College of Business, stressing the importance of federal regulation for cryptocurrency and blockchain technology. Attendees included the University's President, Ted Carter, Nebraska Bankers Association President Richard Baier, several startup managerial figures, and members of the Nebraska Legislature's Banking, Commerce, and Insurance Committee.

"I see fintech as an opportunity to create wealth and jobs in Nebraska," Flood told the large crowd, "I see fintech as an evergreen area of the law where we are literally shaping how this sector is going to move forward...for the entire world." Fintech, or financial technology, was described to the crowd by U.S. Rep. French Hill, an Arizona representative, who sees technologies like cryptocurrency and the blockchain as the future of global finance. Hill compared the financial disruption caused by cryptocurrency to that of the ATM, which is now a ubiquitous financial tool.

Later on in the forum, Flood, as well as Nebraska Lt. Gov. Joe Kelly, a former criminal prosecutor, spoke about the need to regulate the up-and-coming technology to protect individuals from fraud. The challenge in doing so, according to several speakers at the event, is ensuring that legal protections for investors and customers that were designed for stocks, bonds, and banks are properly calibrated to handle financial transactions and the rise of artificial intelligence. Sen. Eliot Bostar, however, who led one of the panels, is optimistic about the future of the technology, saying that the disruption caused by cryptocurrency, just as the one caused by ATMs and credit cards, will pass as the technology becomes more user-friendly and ubiquitous.

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LINCOLN'S WARHORSE CASINO TO BEGIN NEXT PHASE OF CONSTRUCTION

LINCOLN- Phase two of the WarHorse Casino construction project is set to begin next week, so long as all required building permits are approved by the state. According to Lynne McNally, CEO of the Nebraska Horsemen's Benevolent and Protective Association, the planned expansion will more than double the size of the casino. WarHorse, in conducting the expansion, seeks to have 900 available gaming stations, space for restaurant seating, horse race simulcasting, and sports betting.

"You'll be able to bet the horse races and bet on a football game at the exact same time," said McNally, "The gaming space will be much more spread out, much more comfortable, and we're doubling the number of gaming positions. McNally continued by confirming that the long-awaited horse track, which was part of phase one, should be completed next month, with phase two expected to take around a year. Once that's completed, WarHorse plan on initiating phase three, the construction of a new hotel close to the casino.

"We're going to be the true destination casino that we should be," said McNally. WarHorse developer Ho-Chunk Inc. has already spent around $100 million on the construction of the casino, but plans to up that number closer to $310 million to construct the proposed expansions. Since opening last September, WarHorse has raked in millions of dollars in tax revenue for the state, with around 75% of the revenue going toward property tax relief.

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RICKETTS, FISCHER RAISE QUESTIONS ABOUT 'OVERSEAS CHINA SERVICE CENTER' IN OMAHA

WASHINGTON, D.C.- Just over seven years ago, Sen. Pete Ricketts, while serving as Governor of Nebraska, helped the Nebraska Chinese Association dedicate a new Chinese cultural center in Omaha. Today, Sen. Ricketts, now serving in Washington, raised concerns that the same group that sponsored and helped construct the center might be acting as a tool for Chinese surveillance of the United States.

Based on this assumption, Ricketts, alongside Sen. Deb Fischer and eight other Republican senators, recently called on the Justice Department to provide answers to reports that suggest that the Chinese government has established "Overseas China Service Centers" in seven U.S. cities, including Omaha. According to the reports, no evidence has been presented to suggest that such centers play any role in Chinese surveillance.

The Nebraska Chinese Association, in response to Ricketts' accusations, said they have "no affiliation with any government agency, foreign and domestic." The nonprofit organization, which seeks to "dedicate their time and their financial support to embrace its mission and its vision for the local community" of Omaha, was formed 15 years ago. The group's leaders say the organization is simply interested in preserving and promoting Chinese culture and history, as well as cultivating relationships between Chinese citizens and local Omahans.

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TECH NEBRASKA HIRES ITS FIRST EXECUTIVE DIRECTOR

OMAHA- Tech Nebraska, a newly-created organization seeking to cultivate, grow, and inspire the state's technology community, as well as drive policy for local businesses, announced on Tuesday that it had selected its first executive director. Announced and introduced by Byran Slone, President of the Nebraska Chamber of Commerce and Industry, Omaha native Laurel Oetken will assume the role.

"We're excited to have her leading the efforts of the new organization to further connect technology interests throughout the state and grow Nebraska's technology brand," said Slone. Most recently, Oetken served as director of entrepreneurship and innovation at the Great Omaha Chamber of Commerce, but has also led initiatives alongside MIT's Regional Entrepreneurship Acceleration Program to create a strategic growth and innovation plan for Nebraska.

At the announcement event, Oetken, who has a journalism degree from the University of Nebraska-Lincoln, said she was eager to get started in the new role. "Tech Nebraska has the unique opportunity to continue building on past momentum," she said, "advancing our state's technology interests and reputation as a leader in technology and innovation even further." Christopher Dill, vice president and CIO of Kiewit, stated that he looks forward to working with Oetken, since almost every Nebraska company and organization utilizes or is impacted by technology every day.

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OMAHA CITY COUNCIL VOTES TO KICK JAILED VINNY PALERMO OFF THE COUNCIL

OMAHA- On Tuesday, the Omaha City Council voted 6-0 to oust Vinny Palermo from his seat and begin the process of appointing a replacement. Palermo has been in jail awaiting trial since his April 21st arrest on suspicion of federal felony offenses. For over three months, South Omaha's District 4 has been effectively without representation in the Council.

To remove Palermo, the Council cited a City Charter provision and passed a resolution ousting the former councilman because he had three consecutive months of unexcused absences from council meetings. The section cited, 2.05, says a council member "shall be deemed to have forfeited office upon...being absent from regular Council meetings for three consecutive calendar months without being excused by the Council."

"Some would have liked to have seen a vote to vacate the seat sooner than that," said City Council President Pete Festersen, "But I want everyone to understand that we're obligated to follow the City Charter in these matters and state laws regarding these matters." The process of selecting a new Council member to represent District 4 will now begin. The Council will appoint a person after a public process that the council spelled out Tuesday, following the vote to remove Palermo.

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NEBRASKA SENATOR SECURES $20 MILLION FOR WATER PROJECTS, INCLUDING ONE VETOED BY PILLEN

LINCOLN- Sen. Deb Fischer secured more than $20 million for water infrastructure projects across Nebraska in a bill that was unanimously advanced by the Senate Appropriations Committee, Fischer's office said. The Interior, Environment, and Related Agencies Appropriations bill, advanced out of committee on a 28-0 vote, includes $10 million earmarked for the Cedar Knox Rural Water Project in northeast Nebraska.

Gov. Jim Pillen in May vetoed $7 million in state funds that the Legislature had earmarked for the same project, saying the state already had put significant money into the project. Fischer secured the sought-after funds for the construction of a water source, treatment plant and distribution system that will serve residents in Knox and Cedar Counties — along with funds for a dozen other infrastructure projects.

“This funding bill will keep Nebraskans healthy and safe by investing in crucial water infrastructure projects across our state," Fischer said in a press release. The bill, which still needs Senate and House approval, also includes $360,000 to replace lead service lines and water meters in Denton, along with $72,000 to replace water meters in Malcolm.

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NEBRASKA SENDING ARMY GUARD TROOPS TO TEXAS-MEXICO BORDER

LINCOLN- More than 60 Nebraska Army National Guard soldiers are headed to Texas this week to help that state secure its border with Mexico. Gov. Jim Pillen announced the deployment Monday. The troops represent the second group of Nebraskans sent to support Operation Lone Star, an initiative launched by Texas Gov. Greg Abbott to ramp up enforcement of the country’s southern border.

The Nebraska group left this week and return in early September. Maj. Scott Ingalsbe, state public affairs officer for the Guard, said the deployment involves troops from multiple units. He said all received orders to go but were able to opt-out if the mission would create a hardship for them. He said the Nebraska soldiers will assist the Texas National Guard by observing and reporting border crossings.

Pillen, who joined other Republican governors at a May security briefing hosted by Abbott, called the mission “critical to the security of Nebraska as well as other states.” Abbott began Operation Lone Star in March 2021, arguing that the federal government was not doing enough to secure the border. The Texas Legislature authorized nearly $2 billion for the effort, which involves the State Department of Public Safety and the Texas Guard.

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NEBRASKA AG SAYS HE 'STRONGLY SUPPORTS' REPRODUCTIVE HEALTH PRIVACY

LINCOLN- Nebraska Attorney General Mike Hilgers said that his office “strongly supports” reproductive health privacy in response to a letter last week from nine state lawmakers. Those lawmakers in a July 26 letter questioned why it might be important to have Nebraskans’ medical records from other states and whether it is Hilgers’ intention to prosecute individuals who receive or aid in legal abortion care.

Their letter came after Hilgers joined attorneys general from 18 other states last month in opposing a proposed federal expansion of reproductive health privacy. Hilgers wrote to Omaha State Sen. Machaela Cavanaugh, who led the letter effort, stating that his office is “defending the status quo” of patient privacy while the proposed Biden administration rule would create “significant loopholes.”

Hilgers said a 2000 Clinton-era rule, which sought to “balance individuals’ privacy interests against the legitimate interests in certain uses of health information,” remains the status quo. It allows law enforcement to obtain records under a court order and permits (but does not require) medical providers to disclose limited information without consent if it’s needed to determine whether someone else broke the law and is not intended to be used against the victim, according to Hilgers.

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NEBRASKA PARENT INVOLVEMENT HEARING DEVOLVES INTO TALK OF SLAVERY, CRT, PORN AND BILL GATES

LINCOLN- State Sen. Dave Murman of Glenvil, the chairman of the Legislature’s Education Committee, and some of his eight handpicked testifiers previewed the structure of education during a three-hour hearing at the Capitol that devolved at times into talk of slavery, critical race theory, porn and whether philanthropist Bill Gates influences the evaluation of curricula for K-12 schools.

Murman’s hearing lumped together input on LRs 147, 148 and 149, which seek interim studies of parent involvement in education, how the Department of Education has used COVID-19 pandemic relief funds and the concept of social and emotional learning. He said his goal for the hearing was to improve and help him pass his “parents’ bill of rights,” LB374. Murman spelled out his belief that some schools and school districts are preventing parents from reviewing objectionable books and materials in libraries and keeping some from pushing back against parts of the curriculum that involve discussions of race and gender.

Murman and several testifiers faced pushback from State Sen. Danielle Conrad of Lincoln, an Education Committee member. Sen. Terrell McKinney and three other senators hosted a competing forum Monday in another State Capitol hearing room, defending social and emotional learning, along with State Sens. Machaela Cavanaugh of Omaha and Carol Blood of Bellevue.

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