JUDGE DISMISSES LB574 LAWSUIT, SAYS ABORTION AND GENDER CARE ARE HEALTH CARE

LINCOLN- A lawsuit trying to stop the new Nebraska law mixing a stricter abortion ban at 12 weeks of gestation with restrictions on gender-affirming care for trans minors was dismissed on Friday by a Lancaster County District Court judge. Judge Lori Maret sided with AG Mike Hilgers and the state, which argued LB574 did not violate the Nebraska Constitution’s requirement that bills cover only a single subject because both proposals covered health care.

“The rule … for legislative bills is that they must have ‘one general object, no matter how broad,’ and they must not include any matter that is not relevant to that general object,” Maret wrote. “Applying that standard here, the Court concludes that LB574 has the general object of health care and that all parts of the bill relate to health care.” The lawsuit Maret rejected had argued LB574 was unconstitutional because lawmakers combined two unrelated bills that spent most of the legislative session on separate tracks.

In a statement Friday, Hilgers thanked the court for “thoughtful analysis and recognition of the Legislature’s prerogatives and processes.” Gov. Jim Pillen said he was pleased with the ruling and that LB574 “protects kids and defends the unborn.” Maret’s decision left local advocates supporting abortion rights and trans rights pledging to appeal the decision to the Nebraska Supreme Court.

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GOVERNOR NIXES PROPOSAL TO RELAX POLICE TRAINEE STANDARDS FOR MARIJUANA, DRUG USE

LINCOLN- Governor Jim Pillen has rejected a proposed relaxation in drug-use standards to qualify for training as a Nebraska law enforcement officer, saying it could be viewed as a “watering down” of the standards. A panel of state law enforcement officials had recommended the change as part of a broader effort to qualify more applicants for the necessary state training to work in law enforcement.

Currently, a recruit cannot have used marijuana for 24 months or used a narcotic or other “dangerous drug” for five years. prior to being admitted to the Nebraska Law Enforcement Training Center in Grand Island. The Police Standards Advisory Council had proposed to lower the standards to 12 months for marijuana and three years for narcotics.

Pillen, in a July 18 letter rejecting the proposed rule change, said he didn’t think it was “prudent” to adopt such a change without data that shows “a significant number” of applicants are being rejected due to the current drug-use standards. “It is therefore imperative that we have the necessary data before making a policy change that could be perceived as watering down the standards to become a law enforcement officer in the State of Nebraska,” Pillen wrote.

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FORMER STATE SEN. GEIST TAKES JOB WITH NEBRASKA ATTORNEY GENERAL

LINCOLN- Former Sen. Suzanne Geist, who most recently dropped out of the Legislature to challenge Lincoln Mayor Leirion Gaylor Baird, will now join Nebraska Attorney General Mike Hilger's office as a chief advisor. Although Geist is not an attorney herself, she had worked previously with Hilgers while serving in the Legislature.

According to a press release, Geist will advise Hilgers on policy, as well as oversee various priorities the office holds. Hilgers described Geist as "a trusted colleague and friend," and lauded her for her previous work in criminal justice, sentencing, and relationship with law enforcement personnel.

In the same press release, Hilgers also named Joshua Shasserre as the AG's new deputy attorney general for public affairs. Shasserre, who was worked in the Attorney General's office since 2015, will act as the primary liaison between the Nebraska Legislature and other state, federal and local governments.

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NEBRASKA JOINS NINE OTHER STATES IN EFFORT TO EASE TEACHER SHORTAGE

LINCOLN- As the U.S. battles a nationwide teacher shortage, Nebraska has decided, following this past legislative session, to join the first interstate teaching compact. The compact is aimed at helping educators avoid the sometimes pricey process of becoming relicensed when they move to another state to teach.

The Interstate Teacher Mobility Compact, as it's formally titled, will also streamline the process for both teachers and state licensing bureaus, allowing teachers to more easily and efficiently teach across state lines. Adam Diersing, a representative with the Council of State Governments, believes the compact will entice more people to continue teaching.

"Even for teachers with lots of experience and long-held licenses in other states, there can be significant cost barriers to re-certify in another state," Diersing said. Allowing Nebraska to join the compact was a bill introduced this past legislative session by Sen. Carol Blood, which went on to pass in June. "It allows people to hit the ground running," she said, "We have a very transit society now." The implementation and integration of the program in Nebraska is expected to be completed by the summer of 2024.

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ABORTION RIGHTS ADVOCATES LAY GROUNDWORK FOR BALLOT INITIATIVE IN 2024

LINCOLN- On Thursday, a newly-created group called 'Protect Our Rights' filed organizational papers with the Nebraska Accountability and Disclosure Committee suggesting that they may attempt to amend the State's Constitution next year to protect the right to abortion with a ballot initiative. A spokeswoman for the group, following the retention of Nebraska's new 12-week abortion ban last week, said they are pursuing "every option that is open to us" to restore reproductive rights in the state.

"Protect Our Rights is a grassroots coalition who believe that all Nebraskans have the right to the freedom to make their own decisions about pregnancy and abortion, without government interference," said Andi Curry Grubb, the executive director for Planned Parenthood North Central States. Curry Grubb also confirmed that the new group, as well as those already operating in Nebraska, will not abandon the effort to overturn the recent ruling on Nebraska's stricter abortion ban passed earlier this year.

As of right now, the group is still formulating the precise language for the petition, which will need to be filed with the Nebraska Secretary of State's Office. To place the proposed constitutional amendment on the 2024 general election ballot, valid signatures from 10% of Nebraska's registered voters will need to be collected, which would be around 123,000 valid signatures. In addition to that, signatures from 5% of the registered voters in 38 of Nebraska's 93 counties will need to be collected.

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PILLEN ANNOUNCES PLANS TO BUILD NEW NEBRASKA PRISON IN NORTHEAST LINCOLN

LINCOLN- During a late-afternoon press conference on Thursday, Gov. Jim Pillen, alongside Nebraska Director of Corrections Rob Jeffreys, announced that the state would begin construction on a new 1,500-bed prison to replace the aging State Penitentiary starting next fall. The new prison, which is still yet to be designed, will be located near 112th and Adam Streets.

The new prison is expected to employ around 1,000 people, double the number currently employed at the State Penitentiary, and will act as a multi-custody facility, housing low, mid, and max security inmates. The land on which the prison is set to be built, according to Gov. Pillen, cost the state $17 million, and is made up of around 305 acres.

This is in addition to the $335 million already allocated to build the prison itself. Pillen and Jeffreys described the new prison as "state of the art," and told those in attendance that it will increase safety compared to the State Penitentiary, "enhancing the environment of both the staff and the incarcerated population."

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DESPITE CHALLENGES, CREDIT RATING AGENCY SAYS NU'S FINANCIAL POSITION REMAINS SOUND

LINCOLN- Over the past year, the University of Nebraska's plan to tackle a $58 million budget shortfall helped the school system keep its second-highest grade from S&P Global, allowing the University system to continue borrowing funding at a much lower interest rate. In a July 13th letter, S&P confirmed that NU had retained its AA bond rating, putting the state's only public university system in the top 8% of all public institutions in the United States.

The letter released by S&P cited and lauded the five-point plan enacted by the University system, which included boosting recruitment, strengthening the system's academic profile, improving research expenditures, improving transparency, and locating operational efficiencies. NU President Ted Carter revealed the plan this year to the NU Board of Regents. The plan includes a minimal 3.5% tuition hike for students, as well as the points listed above.

In the letter, S&P Global celebrated the plan, saying, "In our view, this is an example of the university managing in a proactive manner to sustain its long-term financial strength." The review conducted by S&P found that NU's current finances, despite budget shortfall worries, were "very strong." However, S&P confirmed that NU's stable credit rating could be downgraded "if the system issues a material amount of additional debt."

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NEBRASKA'S UNEMPLOMENT RATE TICKS UP TO 2%

LINCOLN- Following a multi-month stretch of historically low unemployment levels, the Nebraska Department of Labor reported that the state's unemployment had ticked up slightly to 2% statewide. That's up slightly from June's 1.9% rate, but lower than the rate in July of 2022, which was sitting at 2.4%.

Despite this increase, Nebraska's rate tied for fifth-lowest among all states. The unemployment rate in the Lincoln Metropolitan Statistical Area, which includes Lancaster and Seward Counties, rose to 2.1% as well. Nonfarm jobs in this region of Nebraska totaled out to 191,346 in July, which is down slightly compared with June, but up significantly compared with June and July of 2022.

Statewide nonfarm jobs in July totaled out to 1,041,153, which is down 1,144 from June, a slight decrease that led to Nebraska's unemployment rate ticking up. However, this number, despite decreasing slightly month-to-month, is up nearly 6,598 jobs compared to July of last year.

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GOVERNOR PILLEN APPOINTS NEW CEO OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

LINCOLN- Governor Jim Pillen appointed a new Chief Executive Officer of the Nebraska Department of Health and Human Services Tuesday afternoon. Starting Sept. 11, Dr. Steve Corsi will serve as the new CEO with a salary of $257,000. Former DHHS CEO Dannette Smith had a salary of $220,000 when she stepped into the role in 2019. “The opportunity to bring my experience in executive leadership to serve all Nebraskans is an honor,” said Steven Corsi.

Most recently, Corsi served as acting CEO of the Central Wyoming Counseling Center. He has been director and/or CEO of the Missouri Department of Social Services, Wyoming Department of Family Services, High Country Behavioral Health (Wyoming) and the Cornerstone Behavioral Health Group in California. In 2019, Corsi became president/CEO of Volunteers of America Western Washington, where he significantly recruited and retained the workforce, expanded early childhood offerings and grew the organization’s revenue.

“Steve brings a wealth of experience and leadership to DHHS, having served as director and CEO over a number of social service organizations, including state agencies in Missouri and Wyoming,” Pillen said. “In addition to his operational expertise, Steve has a strong servant focus when it comes to providing program services to those who need them. I look forward to working with Steve as he brings new direction and impact to DHHS.”

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OMAHA RESEARCHING 'COMMON SENSE' GUN LEGISLATION IN RESPONSE TO NEW NEBRASKA LAW

OMAHA- On September 3rd, Nebraska's new gun law, which allows for the permitless concealed carry of firearms, goes into effect. Its impact on metropolitan areas will force Omaha to repeal around two dozen sections of its city code, eliminating tools to fight crime like the local gun registration ordinance, according to City Council President Pete Festersen.

For this reason, Festersen is planning on asking city attorneys to look into legislation to increase public safety. "We're looking for alternatives to better address that situation and reduce crime in the city and increase public safety," said Festersen, "That's our goal." On top of that, Festersen also requested that the city's law department begin research on topics like the regulation of ghost guns, banning bump stocks, and protecting public places like schools, event centers, and public buildings.

Gov. Pillen signed the bill into law despite warnings from Omaha's police chief earlier this year. Chief Todd Schmaderer testified at the bill's hearing that OPD had seized the most firearms in its long history last year, and that he doesn't want to see a reversal in crime trends as a result of this new law. "When you look at Omaha," said Schmaderer, "we have a few ordinances that help us address violent crime in our city, and help us address gun violence." The Omaha City Council is set to hold a public hearing on the city code removal on August 29th.

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NEBRASKA DIPLOMATS GROUP RECOGNIZES BOOSTERS OF ECONOMIC VITALITY

KEARNEY- At its annual awards show this week in Kearney, the Nebraska Diplomats had the chance to shout out the businesses, organizations, and communities that they see as excellent contributors to Nebraska's economic well-being. These included a popcorn plant, a window business, and the newly renovated Canteen District.

Presenters at the event, held on Tuesday, included Gov. Jim Pillen, Agriculture Director Sherry Vinton, and Nebraska Diplomats President Desiree Wineland. The Diplomats, a nonprofit made up of around 300 business and community leaders, partners with a number of economic development organizations each year in an attempt to promote the state's business climate and quality of life.

Two businesses, Gerkin Windows and Door of South Sioux City and Preferred Popcorn of Chapman, were awarded Business of the Year. The City of North Platte, which recently initiated around $2 billion in new construction projects, received the Community of the Year Award. Finally, among several other awards, Sentient Fertigation of Lincoln, which uses satellite imagery to asses corn crops, received the Governer's Excellence in Agriculture Entrepreneurship Award.

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GOV. PILLEN SAYS 'WE NEED A SERIOUS CONVERSATION' ABOUT CELL PHONE USE AND DISTRACTED DRIVING

LINCOLN- During a recent trip with Nebraska State Troopers, Gov. Jim Pillen said he watched as a vehicle ahead of his swerved in and out of its lane, before veering into a ditch and then back onto the roadway. Following this, after being asked about legislation that would place tougher bans on cell phone use while driving, Pillen said it's something the state needs to look at.

"I think we do have a problem," Pillen responded, "I think we have to have some serious conversations." According to the National Conference of State Legislatures, 28 states, as well as the District of Columbia and Puerto Rico, currently prohibit the use of hand-held cell phones will driving. Forty-eight states have banned text messaging while driving. Nebraska law currently prohibits the use of reading, writing, or texting on a cell phone while driving, but only considers texting while driving a secondary offense.

For this reason, a driver would have to be stopped for an entirely different offense to receive a ticket for texting while driving. In the past, tougher restrictions on texting while driving have been introduced in the Nebraska Legislature, but have failed. According to data from the Nebraska Department of Health and Human Services, there were 19 fatalities, 1,495 injuries, and 3,060 instances of property damage from crashes related to distracted driving in 2019.

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EVNEN LAUNCHES INFORMATION CAMPAIGN ON NEW 'VOTER ID' LAW

LINCOLN- Secretary of State Bob Evnen expects to talk a lot this next year about what’s in the state’s new “voter ID” election law. A series of press visits will discuss how voters can cast ballots and satisfy the 2023 law they mandated by signing initiative petitions and adopting a state voter ID constitutional amendment last year.

His office “will be putting this word out repeatedly” through press outlets and social media before the May 14, 2024, primary — the first election that will require voter ID — and the Nov. 5, 2024, general election. The good news, Evnen said, is that “97% to 98%” of Nebraskans already have the two main types of photo ID: a state-issued driver’s license or ID card.

Evnen said, satisfying voter ID will be simple: Show your driver’s license or state ID at your polling place or election office on Election Day, get your ballot and vote. “I don’t think it’s going to be a large problem, because people have to show their IDs for everything,” he said. “This is nothing they should find out of the usual or extraordinary.”

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SARPY COUNTY SEEKS APPLICATIONS TO FILL TREASURER VACANCY

OMAHA- Sarpy County is seeking applications to replace Trace Jones, the current County Treasurer, who announced recently that they would be resigning on August 31st. Jones began his term as Treasurer in January and was set to serve in the role until January 26th. Nebraska law requires that the Sarpy County Board appoint a replacement to serve the remainder of the term.

Applicants for the role must be residents of Sarpy County, as well as registered voters. Ideally, though not required under state law, an applicant would also have a background in management, finance, or banking, said a press release released by Sarpy County officials. According to the office's website, the Treasurer supervises a staff of 28 employees, and has an annual budget of roughly $2 million.

Jones confirmed that no particular incident led to his resignation, and that he believes he's "leaving on a high note." Before being elected to the position, Jones had been appointed by Sarpy County Board as interim treasurer in April 2021 following the Board's removal of Brian Zuger, the previous treasurer.

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UNL ACCUSED OF RACIAL DISCRIMINATION FOR PROGRAM FOCUSED ON BLACK FILMMAKERS

LINCOLN- A legal nonprofit that has targeted colleges and universities offering preferential treatment based on race, and that was most recently involved in the U.S. Supreme Court case pivotal in overturning affirmative action, accused the University of Nebraska-Lincoln of racial discrimination for creating and supporting a residency program for Black filmmakers. The Equal Protection Project, the nonprofit in question, filed the complaint with the U.S. Department of Education's Office of Civil Rights on Sunday.

In its complaint, the Equal Protection Project alleges that a partnership between UNL's Johnny Carson School of Emerging Media Arts and the New York-based non-profit Black Public Media, which was used to establish the residency program, violated the Equal Protection Clause of the 14th Amendment, as well as the Civil Rights Act. UNL's partnership with Black Public Media was a partnership meant to serve "Black filmmakers, artists, and creative technologists" by offering them access to and training on emerging technology equipment and software.

William Jacobson, a Cornell University Professor, founder of the conservative blog 'Legal Insurrection,' and backer of the Equal Protection Project, claimed that requiring at least one person on the team of creatives to be Black diminished opportunity for others. Jacobson argued that the NU system should "appoint a special investigator" to look for other programs which allegedly provide preferential treatment on the basis of race. The University of Nebraska responded to these allegations, saying that they have not yet received the complaint from the Office of Civil Rights, but that they "will respond appropriately" when they do.

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STATE, LOCAL CHAMBERS PRESS NEBRASKA DELEGATION FOR SMALLER-SCALE IMMIGRATION FIXES

ASHLAND- State business leaders, including those from the Nebraska, Omaha, and Lincoln Chambers of Commerce, called on the state's all-Republican congressional delegation during the most recent Federal Legislative Summit to consider small immigration reforms to bolster Nebraska's waning workforce. "What we're trying to do is lay out that failure is actually the only not acceptable option," said Christine Scullion, executive director of government affairs for the U.S. Chamber of Commerce, during the event, adding that an all-hands approach to supplying workers may be key in providing the state with more workers.

Scullion told the delegation that the U.S. Chamber would no longer be supporting a comprehensive immigration reform bill, which is likely not going to pass in Congress, and will instead seek incremental bills addressing flaws in the nation's immigration system. Scullion pointed to several of these small immigration issues during her speech, and recommended that Congress start providing more specialty visas each year to ensure that talent from other countries is able to enter the U.S. and bolster the workforce.

U.S. Sen. Deb Fischer, as well as the other Nebraska representatives present at the event, seemed to be receptive to the recommendations. Fischer said that she agrees with the incremental approach to immigration reform, and that she prefers splitting up politically-contentious bills to gain bipartisan support. All Nebraska representatives, however, also stressed the importance of border control, but Rep. Adrian Smith said he believes his largely-rural district might be open to reform so long as the federal government ensures that the border remains strong.

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NEBRASKA YOUTH SURVEY SHOWS STUDENTS PREFER SMALL TOWNS, DON'T FEEL INCLUDED IN COMMUNITY

LINCOLN- A survey of rural Nebraska youths has revealed that while the majority desire living in small towns, they also feel like they don’t play a role in the communities they live in. The Nebraska Community Foundation and the University of Nebraska at Omaha’s Center for Public Affairs Research released the results after surveying nearly 1,000 middle and high school students in 11 rural communities.

The survey was created to reveal the priorities and desires of Nebraska youths, along with the factors that may influence their decision to leave or remain in the state. The 2023 survey was composed of the communities of Arcadia, Crofton, David City, Diller-Odell, Imperial, Ogallala, Ord, Paxton, Pender, Shickley and Stuart.

The survey’s positive feedback shows that participants desire the aspects of what Nebraska already offers: small towns that provide safety, good schools and proximity to family. These factors were ranked as the top three in what students are looking for in an ideal community. Roughly 64% of youths said their ideal community is small, like their hometown, while 25% preferred medium cities, such as Grand Island.

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NEBRASKA'S 2022 CRIME REPORT COMES WITH AN ASTERISK: NUMBERS DON'T INCLUDE OMAHA

LINCOLN- The state's annual report on crime came with a giant, figurative asterisk attached. For the second year, the Omaha Police Department didn't submit any data, according to the Nebraska Commission on Law Enforcement and Criminal Justice. "Without data from OPD, the Crime in Nebraska Report for 2022 and all associated datasets will have severe and significant limitations, missing upwards of 60% of the crime volume in Nebraska."

Of the statewide numbers that were reported, which include the Lincoln Police Department and Lancaster County Sheriff's Office, 23,083 crimes were reported in 2022, up 1.89% from a year earlier. Lincoln's overall reported crime increased 2.83% compared to the year before, far lower than in cities with populations between 5,000 to 99,999, where crime was up 6.39%.

While violent crimes, which include murder, manslaughter, forcible rape, robbery and aggravated assault, were down 4.84%, property crimes, things like burglaries, larcenies, vehicle thefts and arson, were up 2.82%. At the same time, statewide there were 38,027 arrests, 122 fewer than in 2021, for an overall decrease of 0.32%. But 16% more of them were juveniles.

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NEBRASKA ATTORNEY GENERAL SUES EPA TO ALLOW SUMMER SALE OF E15 GASOLINE

LINCOLN- Nebraska Attorney General Mike Hilgers is joining with Iowa to sue the Environmental Protection Agency over a request to allow the sale of year-round gasoline blended with up to 15% ethanol, known as E15. In April 2022, eight governors — including then-Gov. Pete Ricketts — asked the EPA to allow the sale of E15 gas through the summer. The EPA has blown off a 90-day response period.

“The EPA’s ongoing failure to act following our E15 notification … is nothing more than a thinly veiled disguise of their disdain towards clean, renewable, American-produced ethanol,” Iowa Gov. Kim Reynolds said. E15 blended fuel is typically banned from sale during summer months due to concerns about air pollution, though the federal government temporarily lifted the ban last year

In May of this year, the EPA issued a temporary waiver for three weeks to allow the sale again. Hilgers argued that waiver should be made permanent. Nebraska and Iowa are the top two ethanol producers in the country. During this year’s legislative session, Nebraska lawmakers passed a bill requiring all state gas stations offer the fuel.

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AT LINCOLN TOWN HALL, FLOOD TOUTS BIPARTISANSHIP AS ATTENDEES FAN CULTURE WAR

LINCOLN- At his first town hall as a U.S. congressman, Rep. Mike Flood exalted the need for civility and bipartisanship as he grappled with questions that were sometimes rooted in neither. Constituents lined up for a chance to ask Flood questions that often dealt with election integrity concerns, immigration or the political opponents of Republicans — from President Joe Biden to local Democratic leaders, whom one attendee suggested had carried out an "invasion" of public office in Lincoln.

"We're all Nebraskans, at the end of the day," said Flood, who at times took hardline stances on issues such as gun control and student loan forgiveness, but more often tried to seek a middle ground. "Every time I have went over to the Democratic side and I have found a Democratic co-sponsor," Flood said. He reiterated that he believes in the "bipartisan way."

Flood faced questions of border security and immigration, gun control efforts, impeachment of President Biden, and the Democratic invasion of elected offices in Lincoln. Flood offered hardline answers for the questions before defending the local and national election safety. "I believe, in Nebraska, the state that we reside in, our elections are safe," Flood said.

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