ATTORNEY GENERAL MIKE HILGERS REFILES CHALLENGE TO CRIMINAL JUSTICE BILL AFTER NEBRASKA SUPREME COURT DECLINES TO HEAR ISSUE

LINCOLN- Earlier this month, Nebraska AG Mike Hilgers' Office filed paperwork to challenge certain aspects of LB50, a wide-ranging criminal justice bill passed this year by the Legislature, but was denied by the Nebraska Supreme Court. Hilgers argued that only the State Board of Pardons can commute or reduce a prison sentence, and that the now-passed LB50 unconstitutionally allowed the Legislature to do that for elderly inmates who had served at least 80% of their sentence.

Several state lawyers have also expressed concern over the legality and constitutionality of the new law, with the Nebraska Department of Corrections echoing many of their sentiments. However, Hilgers' challenge of the law was denied by the Nebraska Supreme Court. A spokeswoman from the AG's Office said she was "not surprised" that the Supreme Court had declined to take up the issue, since it hadn't first gone through the state's lower courts.

"It just means we'll start this case in district court instead of the Supreme Court," said the spokeswoman, Suzanne Gage. Indeed, a new challenge to the law was filed on Wednesday with the Lancaster County District Court. A district judge from Lancaster County is expected to make a ruling that will ultimately, and eventually, be appealed to the State Supreme Court.

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EARLY CHILDHOOD POLICY ACADEMY KICKS OFF IN OGALLALA, SETS PACE FOR FRESH STRATEGIES IN NEBRASKA

OGALLALA- On Wednesday, a group of 26 advocates from across Nebraska gathered in Ogallala to kick off a six-month program that will help build leadership and a fresh strategy for early childhood care legislation and policy. Organized by First Five Nebraska, an early childhood research and advocacy organization, this year marks the fifth year in a row that the event, known as the annual Nebraska Early Childhood Policy Leadership Academy, was held

Participants selected for the latest class include childcare providers, teachers, and public health professionals. "The PLA goes beyond policymaking," said Jodi-Renee Giron, First Five's outreach director, "It develops skilled, knowledgeable, and credible movement builders who are prepared to lead change in their local communities."

Among the Academy's priorities this year, according to Giron, is reducing the time it takes for public agencies to complete fingerprinting and background checks for childcare provider applicants. This issue was brought up recently in the Nebraska Legislature by Sen. Teresa Ibach. The Nebraska Chamber of Commerce and Industry has also indicated that affordable and quality childcare is among the issues they will watch closely over the next year.

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PILLEN ACCEPTING APPLICATIONS TO REPLACE STATE SEN. TOM BRIESE IN LEGISLATURE

LINCOLN- Central Nebraska residents seeking a part-time job in Lincoln will have until 5 P.M. on November 8th to apply to replace State Sen. Tom Briese, who represents Legislative District 41, in the Nebraska Legislature. Governor Jim Pillen, who will choose the appointee, announced that his office would begin accepting applications on Wednesday.

Pillen recently tapped Briese to serve as the next state treasurer in September, and Briese's last day as a Nebraska senator is October 31st, with his new job starting on November 1st. District 41, which Briese represents, encompasses all or parts of eight counties in Central Nebraska, including Wheeler, Boone, Valley, Greeley, Sherman, Howard, Buffalo, and Hall.

The cities and towns included within District 41 are Doniphan, Wood River, Ravenna, Loup City, Dannebrog, Ord, and Albion. Pillen's choice of appointee would be expected to serve the remainder of Briese's term, through to the end of 2024. Pillen, a Republican, said he will appoint anyone willing to run for re-election to the seat.

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RED WAY LAYS BLAME FOR DELINQUENT REFUND CHECKS ON LINCOLN AIRPORT

LINCOLN- Recent emails sent by defunct airline Red Way to customers seeking refunds for canceled fights cast blame for the delay on the Lincoln Airport. Red Way is saying it can’t give refunds until the airport makes good on the money it is owed. That’s not true, said Dave Haring, the Lincoln Airport’s executive director.

Haring said Red Way CEO Nick Wangler is “causing confusion” by conflating two revenue-related issues that have no correlation.

“We have never had access to, possessed or received any passenger revenue at all,” Haring claimed. “Realistically, there’s nothing on our end — there are no refunds that we owe to people.” Redway is still owed $700,000 that is currently frozen by a state audit.

The final payment, to be paid after Nebraska Auditor Mike Foley signs off on the audit, was capped to not exceed the $3 million. In reality, it appears that Red Way tore through that amount in less than three months, racking up about $3.6 million in losses, according to their invoices. The Lincoln Airport Authority has said this money is to be used for flight costs and not refunds.

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JOURNALISTS SLAM GOV. PILLEN FOR CALLING CHINESE REPORTER FROM NEBRASKA PUBLICATION 'A COMMUNIST'

LINCOLN- The Flatwater Free Press and the Asian American Journalists Association are standing by an investigative reporter after Nebraska Gov. Jim Pillen called her “a Communist” when dismissing her in-depth report critical of his farming operation. The response comes after comments the governor made regarding his family hog farming business.

Last month, Pillen took aim at Yanqi Xu, a reporter from the Flatwater Free Press, after her investigative story raised questions about the environmental impact his hog farms had on drinking water. “I really wanted to do journalism in a way that transcended a lot of the common talking points,” Xu said. Her work on examining high nitrate levels and the potential link to childhood cancer won a national award.

Days after the story ran, KFAB asked the governor to comment on Xu’s reporting during an interview with him while he was on a trade mission to South Korea and Japan. “No. 1: I didn’t read it — and I won’t. No. 2: All you got to do is look at the author. The author is from Communist China. What more do you need to know?” “I found it disheartening that it was the only thing he said,” Xu said.

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HOSPITAL ASSOCIATION ADVISES SENIORS TO KNOW THE 'INS AND OUTS' OF MEDICARE ADVANTAGE PLANS

LINCOLN- State hospital officials issued a warning to senior citizens: Know what you’re buying when you sign up for a Medicare Advantage plan. Officials with the Nebraska Hospital Association said they often run into patients who don’t realize that their local hospital isn’t in the network for their advantage plan, only to discover big out-of-pocket bills later.

In addition, such plans more often deny coverage for medical care and require lengthy and time-consuming authorization processes that delay needed care or require patients to spend more time in a hospital. “Medicare Advantage will work well for some seniors, especially those who will remain healthy, but for many seniors it leaves holes, which can mean significant out of pocket costs,” said Jeremy Nordquist, the president of the Nebraska Hospital Association.

Medicare Advantage plans, officials said, now cover 51% of all Medicare-eligible individuals, a sharp rise in recent years. But nearly 33% of all Nebraska hospitals decline to participate with “certain” Advantage plans, the Hospital Association said. The hospital officials outlined more than one example of how patient care was denied or delayed.

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NEBRASKA LAWMAKERS MULL WAYS TO SPEED FINGERPRINT CHECKS FOR CHILD CARE WORKERS

LINCOLN- Amid a statewide shortage of childcare workers, the Nebraska Legislature's Health and Human Services Committee held a hearing on LR191, which was meant to examine ways Nebraska could change the statutorily required fingerprint-based background check system. Sen. Teresa Ibach, who introduced the resolution, said the current process poses a serious threat to an already struggling industry.

The fingerprint system was established through two bills passed in 2019 and 2020 that placed the state in compliance with the federal Child Care and Development Block Grant Act. Since its enactment, some providers have said that delays in the process have held up new and existing childcare workers, and even cost several businesses qualified candidates.

Many of the testifiers at the hearing agreed with the concept of fingerprint background checks, but said the current process is slow and cumbersome. Fingerprinting is currently done at Nebraska State Patrol offices, and the data collected is sent to the Department of Health and Human Services for processing. Mitchell Clark, a policy adviser at First Five Nebraska, said this process should take between seven to 10 days, but Nebraska's average has been closer to 25 days.

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NEBRASKA DHHS PROPOSES SAME GENDER AFFIRMING CARE RESTRICTIONS AS TEMPORARY REGULATIONS

LINCOLN- On Tuesday, the Nebraska Department of Health and Human Services revealed its proposed regulations for gender-affirming care for minors, which would replace the temporary guidelines enacted on October 1st. However, many have pointed out that the new regulations are virtually the same as the temporary ones, leaving transgender rights activists feeling cautiously optimistic.

A public hearing, during which the permanent regulations will be approved or denied, has been scheduled for November 28th at the Lancaster Event Center. The current temporary guidelines, which were proposed by Nebraska's Chief Medical Officer Timothy Tesmer and approved by Gov. Pillen on the same day, require patients under 19 to undergo at least 40 hours of therapy and wait another seven days after having their prescription approved before receiving any gender-affirming medication.

The newly proposed permanent guidelines maintain all of these requirements. Under a grandfather clause in LB574, however, the new regulations would only apply to patients who had not yet started taking medications like puberty blockers or hormone therapy prior to October 1st. LB574 outright banned any gender-affirming surgeries for Nebraskans under 19, but gave the DHHS regulatory power.

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RICKETTS TO INTRODUCE BILL ALLOWING INTERNATIONAL STUDENTS TO PROFIT OFF OF UNL

WASHINGTON, D.C.- On Tuesday, U.S. Sen. Pete Ricketts, alongside Sen. Richard Blumenthal of Connecticut, introduced a bill that would allow international college athletes to make money off of their name, image, and likeness, which is not currently legal due to visa restrictions.

The bill, titled the Name, Image, and Likeness for International Collegiate Athletes Act, would amend the Immigration and Nationality Act with a clause specifically for college athletes using F Visas. If passed, the bill would make them "eligible for employment authorization for the purpose of engaging in activities pursuant to an endorsement contract for commercial use of the nonimmigrant's name, image, or likeness.

"It's a common-sense bill," said Ricketts, "Level the playing field for these international students that are playing American sports. It will also make sure our colleges don't lose talented student-athletes because of an outdated visa system." Trev Albert, Marcus Blossom, and Adrian Dowell, all athletic directors from across the state of Nebraska, expressed their support for the bill in a joint release.

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FORMER NEBRASKA STATE SEN. JIM JENSEN REMEMBERED FOR REAL ESTATE DEALINGS, LOVE OF FAMILY

OMAHA- Former Nebraska State Sen. James “Jim” Jensen had a knack for real estate development and a strong bent for community service. It was, however, his love of family that guided his fruitful life. "Jim loved gardening, camping, boating, fishing and building, but his greatest love was his wife, Joan, and his kids and grandkids," son-in-law Steve Curtiss said Sunday. "His family was kind of everything to him."

Jensen, 89, died last week at an Omaha hospital. A funeral service occurred at Christ Community Church. Jensen was a second lieutenant in the Army National Guard. After developing over 150 homes and a plethora of acreage, Jensen turned to the Legislature. He spent 12 years representing District 20 and served as chairman of the Health and Human Services Committee.

Jensen was a part owner and 30-year board member of First Westroads Bank in Omaha. He also served on the boards of Grace University and Christ Community Church. Jensen was also appointed to the City of Omaha Zoning Board of Appeals and was elected to the Papio-Missouri River Natural Resources District board.

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POTENTIAL BACON VS. VARGAS REMATCH STIRS HEAVY HOUSE FUNDRAISING IN NEBRASKA

OMAHA- A possible rematch of Nebraska’s closest congressional race appears poised to be competitive again on the airwaves, too, based on summer fundraising numbers. U.S. Rep. Don Bacon, R-Neb., running for a fifth term, raised $532,000 in the third quarter. That tally pushed his campaign’s cash on hand to $1.06 million.

State Sen. Tony Vargas of Omaha, a Democrat who is seeking another try at unseating Bacon, raised $871,000 from July through September, a record for a Nebraska House race in off-year fundraising. He has $752,000 in cash on hand. Each candidate raised and spent more than $3.3 million during their 2022 matchup. Outside groups spent another $11 million on the 2022 race.

This year, Bacon, who retired from the Air Force as a brigadier general, has raised $1.88 million, much of that from fellow House Republicans and groups aiming to keep the GOP in the majority. The Vargas campaign has spent $172,000 since rejoining the race this quarter, mostly on consultants and fundraising. In 2022, Bacon beat Vargas by less than 3 percentage points.

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INCUMBENT U.S. SENS. FISCHER, RICKETTS RAISE RECORD FUNDS AS CHALLENGERS LAG

LINCOLN- Nebraska’s rare pair of U.S. Senate seats up for grabs in 2024 does not appear to be slowing down the fundraising of incumbent U.S. Sens. Deb Fischer or Pete Ricketts. The two Republicans each raised over $600,000 in the third quarter. Both senators’ announced opponents raised far less, though one just began running.

Fischer is seeking a third term. She raised $744,000 in the three months ending Sept. 30, posting her best non-election-year fundraising quarter. That pushed her campaign cash on hand to a delegation-best $2.7 million. Ricketts, a first-term appointed senator who served eight years as governor, raised $633,000. His campaign called this summer the best quarter by any rookie senator in Nebraska. He lists $1.27 million in cash on hand.

Omaha union leader and registered nonpartisan Dan Osborn, who is opposing Fischer, raised $55,636 in the two weeks since announcing his bid. He lists $47,035 in cash on hand. Retired Air Force Lt. Col. John Glen Weaver, a Republican who opposes Ricketts, reported raising $5,172 from July through Sept. 30. Much of that was raised using conservative online fundraiser Winred.

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NEBRASKA SENATORS HOPING TO MAKE CHANGES TO STATE'S PUBLIC RECORDS LAW

LINCOLN- Two Nebraska state senators have been concerned in recent years about challenges regarding citizens’ access to public records, and now they are fighting for change. Sen. Danielle Conrad has worked on open government issues for most of her career. For the vast majority of that time, Conrad has found a cherished commitment to transparency and facilitating citizen engagement.

“I have become increasingly concerned in recent years at increasing levels of hostility from all branches of government in Nebraska,” Conrad said. “I’ve really seen a move away from transparency and open government and the trend toward obfuscation and really kind of playing fast and loose with open meetings laws and public records laws.”

Sen. Machaela Cavanaugh has joined the fight as she has submitted many requests to several state agencies and said each one is “consistently inconsistent.” “I have yet to have a public records request fulfilled without obstacles being placed in front of me beforehand.” Cavanaugh said she would like to see the fees for public record requests eliminated.

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'WE NEED TO HELP THEM': NEBRASKA CONGRESSMEN CALL FOR ACTION IN SUPPORT OF ISRAEL

OMAHA- Nebraska's congressional leaders call for action as Israel prepares for a ground invasion into Gaza. Congressman Mike Flood and Don Bacon both say the United States needs to do whatever it can to support Israel, calling Hamas' attacks pure evil. "Israel and America have a long shared deep friendship. And now that relationship is more important than ever," said Congressman Flood.

Flood calls the attacks by Hamas calculated and evil. "As a member of Congress, I will work to ensure our country does everything it can, everything that is needed to do to support the Israeli government as they root out the sources of this terrorism," said Flood.

Congressman Don Bacon mirrors his colleague's thoughts. Saying our country's actions would be justified since Americans have died.

"Israel needs to try to crush Hamas. We need to help them do whatever they can to do so. Whether it's providing the weapons, intelligence factors, I would support an authorization to use force in support of Israel," said Bacon. Bacon says this would allow President Joe Biden to help Israel with our military if Israel asks for it.

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DMV OFFERS FREE IDENTIFICATION CARDS FOR VOTING

LINCOLN- Voters in Nebraska now have a no-cost option to obtain alternate identification cards that they’ll need to cast a ballot starting in 2024. Eligible voters who don’t have a state ID or driver’s license can get a free identification card through a Nebraska Department of Motor Vehicles licensing office. Nebraskans need a valid photo identification card to cast a vote come May 2024.

After voters in 2022 approved a constitutional amendment to require voter ID, state lawmakers passed LB514 this year. Matt Coatney, Nebraska’s driver's license services administrator, said the DMV immediately started issuing the free cards under a provision that allows people to get a free identification card for voting purposes. State IDs can cost from $10 to $29, but will be waived for voting purposes.

To get a voter ID, applicants just need to mark on their application that they are seeking the card for voting purposes, and then it’s free, Coatney said. This leaves the door open for people who want a state ID to get one through the voter ID process and avoid paying a fee, but Adam Morfeld, former lawmaker and executive director of Civic Nebraska, said he trusts Nebraskans to be honest.

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STATE TAKES 'FIRST STEP' IN DEVELOPING PLANS TO REDUCE GREENHOUSE GAS EMISSIONS

LINCOLN- This week, the Nebraska Department of Environment and Energy held a public hearing to begin the process of developing plans to reduce greenhouse gas emissions in Nebraska. The hearing discussed the states Climate Pollution Reduction Planning Program. The program is being financed by a $3 million grant from the Climate Pollution Reduction program that was part of the Inflation Reduction Act.

The NDEE, in a press release, said a Priority Climate Action Plan, due by March 1, will “identify high-priority, readily implemented actions to reduce GHG emissions, focusing on voluntary actions and financial incentives.” By August 2025, the state must complete a Comprehensive Climate Action Plan to explore short-term and long-term emission reduction measures.

Both plans, the agency said, will solicit input from a variety of stakeholders across the state. It will also include analyses of benefits to low-income and underserved communities, along with requirements of the EPA grant. The hearing provided an overview of current greenhouse gas emissions, the elements the plans are required to cover, the economic sectors affected, and information about the implementation.

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SNUBBED AS A REGIONAL 'HYDROGEN HUB,' NEBRASKANS REMAIN CHARGED UP ABOUT CLEAN ENERGY GROWTH

LINCOLN- While Nebraska officials were disappointed at being passed over for a billion-dollar “hydrogen hub” grant, they said the two-year application process strengthened regional alliances and positions the state for other opportunities. Two companies that would have benefited from the federal funding — Monolith of Hallam, and Project Meadowlark of Gothenburg — both said the rejection won’t stop their expansion plans, though the dollars could have accelerated or improved them.

“It’s unfortunate,” State Sen. Bruce Bostelman, chair of the Legislature’s Natural Resources Committee, said following news that a Nebraska-Iowa-Missouri partnership was not among seven regional hubs selected to share $7 billion in funding from the Department of Energy. “But it was time well spent,” the Brainard lawmaker said. “They learned a lot going through the process.”

Courtney Dentlinger is spokeswoman for the Nebraska Public Power District, which spearheaded the tri-state request for the Mid-Continent Clean Hydrogen Hub. She foresees other funding opportunities to bolster the area’s hydrogen and clean energy industry, and anticipates that new alliances formed and information learned will assist future efforts.

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NEBRASKA REGENTS APPROVE NU SEARCH COMMITTEE, SET LISTENING SESSIONS FOR NEXT WEEK

LINCOLN- On Thursday, the University of Nebraska Board of Regents approved a search advisory committee and scheduled several listening sessions next week to garner public feedback in its search for the next NU System president. Board Chair Tim Clare said the sessions will be open to the public, and will serve as the official "job advertisements" in state and national markets.

The advisory committee will be made up of 22 members, with Clare leading the search, and will also be subject to the Nebraska Open Meetings Act. While not set timeline for the search was approved, Clare laid out the next few steps in the process, which will include compiling stakeholder input, further developing the NU president's profile, and sending out the first round of advertisements for the position.

"Our goal will be to cast as wide a net as possible and consider a range of potential candidates," said Clare. Academic Search, a firm NU is consulting with through the process, estimated it to take at least 17 weeks from signing a contract with the university to when the search for a priority candidate is concluded. Regents approved the contract on October 5th, placing the ending of this tentative timeline somewhere near the end of January, the month current President Ted Carter is set to leave.

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BACON'S REFUSAL TO BACK REP. JIM JORDAN AS SPEAKER PROMPTS SMALL LOCAL PROTESTS

OMAHA- Just a day after U.S. Rep. Don Bacon joined 21 other House Republicans in opposing Ohio Rep. Jim Jordan's bid for speaker, his district office in Omaha heard from two dozen local Republicans who said they want Bacon to fall in line. Bacon's vote also prompted several Nebraskans to protest outside of the district office, some wearing politically charged shirts, and others holding signs urging Bacon to cast his vote for Jordan.

Omaha resident Denise Bradshaw, a member of Moms for Liberty and one of the protestors, said she wants to see Jordan assume the speakership because he is "a good, strong conservative." Robert Anthony, a member of the Nebraska Freedom Coalition and another protestor, said he and many Nebraska Republicans are fed up with Bacon "drifting toward the middle." Anthony said a real conservative can, and should win in the state's 2nd Congressional District.

Anthony even went so far as to say that he'd vote for Bacon's opponent, Tony Vargas, if it came down to it. "Tony Vargas is a train wreck," he said, "He represents everything I'm opposed to. But I'm no longer going to stand behind a man that's not representing what I stand for, either." Bacon's opposition to Jordan stems from the idea that the Congressman doesn't want to reward the handful of House Republicans who deposed former Speaker McCarthy, "a duly elected speaker."

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NEBRASKA TO RECEIVE NEARLY $240,000 FROM MORTGAGE PAYMENT SETTLEMENTS

LINCOLN- On Thursday, the Nebraska Attorney General's Office announced that a settlement was reached this week with a national payment processing company over erroneous withdrawals made two years ago from customers of a mortgage services company. Fifty attorneys general joined the lawsuit, and reached a $10 million settlement with ACI Worldwide Corp., with Nebraska's share coming out to roughly $26,0000.

However, in a separate settlement with ACI, financial regulators from Nebraska, including several with the State Department of Banking and Finance, also received a portion of the settlement, totaling out to around $211,333. Both settlements stem from an April 2021 incident when ACI, through its payment system, tested its new Speedpay product. During the test, according to AG Hilgers' Office, ACI erroneously attempted to withdraw mortgage payments from about 477,000 customers, including more than 1,500 Nebraskans.

Although many of the withdrawals did not go through or were later reserved, 1.4 million transactions were processed, totaling $2.3 billion. In some cases, according to Hilgers, Nebraska-based customers were not able to access the money that had been withdrawn from their accounts, and some even incurred overdraft or insufficient funds fees. The $26,000 awarded to Nebraska will go into the state's settlement cash fund, and discussions are ongoing as to where to allocate the $211,333.

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