NEBRASKA LAWMAKERS LOOK TO UNDERSTAND, CURB POTENTIAL ABUSES OF EMINENT DOMAIN

LINCOLN- Last Friday, members of the Government, Military, and Veterans Affairs Committee of the Nebraska Legislature dove into the concept of eminent domain, and explored ways state law could be more fair or transparent. The hearing concerned Sen. John Cavanaugh's LR247, which was created, according to the senator, after he saw a number of private entities utilize eminent domain.

However, Cavanaugh said that he didn't have a specific outcome in mind in holding the hearing, and was instead looking for more transparency in the process. "This is a broad project, and different entities have different types of domain and different responsibilities," Cavanaugh told the committee, "There's still a lot of work to be done and a lot to learn."

Cavanaugh previously introduced LB133, which would require public or private entities with eminent domain authority to be subject to the Open Meetings Act. Multiple organizations testified at the bill's February hearing, and argued that such a change could become onerous if the recorded meetings are not set up for them or if staff are spread nationwide.

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MENTAL HEALTH TECHS PROTEST WORKING CONDITIONS, SAFETY AT NEBRASKA PSYCHIATRIC HOSPITAL

LINCOLN- Over the weekend, mental health specialists at the Lincoln Regional Center escalated calls for change and attempted to raise awareness of their working conditions at Nebraska's psychiatric hospital. The specialists, or techs, rallied on Saturday outside of the Governor's Mansion before regrouping on the north steps of the State Capitol to debrief with State Sen. Carol Blood, who is one of the few state officials attempting to address their concerns.

Jennifer Head, one of the techs present, described a patient's assault on two techs that occurred last week. The patient, who had no behavioral health issues since receiving care at the facility, assaulted a woman in her 60s. "He assaulted her, kicked her like she was a soccer ball," said Head. Other workers in attendance at the rally raised similar concerns, saying that the conditions of the center should raise an alarm for lawmakers.

Yvette Olivetti, a union representative for the techs, said state inaction was the reason they were rallying. "Words are meaningless unless they're backed up by action, and that is going show techs that [lawmakers] actually care about our safety, our well-being, our own mental health, and various other issues," she said. Several other workers described other bad conditions at the center, like the loss of a 45-minute break window and a lack of staff, forcing many to take on mandatory overtime shifts.

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FARM GROUPS, WEATHER AND CLIMATE WATCHERS PITCH STATE FUNDING MODEL FOR NETWORK OF WEATHER STATIONS

LINCOLN- Once the envy of the nation for its 81 weather monitoring stations across the state, the Nebraska Mesonet program's funding has slowly dwindled over the years, forcing the system to close nearly 20 stations. However, a recent series of meetings involving agriculture groups, meteorologists, and university researchers has those involved with the weather monitoring system optimistic, and even prompted a new $2 million a year funding model.

"People really want the data, there's a ton of interest in it," said Ruben Behnke, who was hired to be the director of Nebraska Mesonet in July, "I'm trying to continue that momentum." Ken Herz, former president of the Nebraska Cattlemen and an advocate for the system, said that interest in the Mesonet system will skyrocket once Nebraskans realize its benefits. That sentiment was echoed by State Sen. Myron Dorn, who sought to fund the system and increase interest in it with an annual $550,000 during the 2023 legislative session.

However, Dorn, a farmer and member of the Legislature's Appropriations Committee, didn't push for passage of the funding bill this past year, and is instead opting for a legislative study that would help to better develop a long-term plan to consistently fund the weather network. "We too often in Nebraska allocate money and say 'Go out there and plan something,'" said Dorn, "We need to plan for the long term. Behnke said his main goal is to construct 200 stations across the state, located no more than 15 miles from a Mesonet site, an endeavor that will take time and a sizable increase in funding.

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NEBRASKA'S STONEWALL DEMS HOST FORUM WITH STATE PARTY AFTER ANGER OVER LB574

LINCOLN- Today, the Nebraska Democratic Party is hosting the first of three town halls over the recently passed LB574 alongside the state's largest LGBTQ community group, the Stonewall Democrats. The event, held at 5 P.M. at Bagels & Joe in Lincoln, will be led by Mike Marcheck, chair of the Stonewall Democrats, and Jane Kleeb, the chair of the state Democratic party.

Marcheck and others, during this past legislative session, sought to censure and remove state party support from Sen. Mike McDonnell, a Democrat who helped Republican lawmakers pass LB574, a bill that added restrictions on gender-affirming care for minors as well as stricter restrictions on abortion.

Marcheck said his goal for Friday is to have "a night of engagement," while Kleeb said she's seeking feedback from younger LGBTQ Nebraskans on what the party can do better and discuss the candidate recruitment process. Kleeb also said she wants to make the party more visible in the Legislature when important or controversial bills are being discussed.

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LONGTIME STATE PROPERTY TAX ADMINISTRATOR IS LEAVING POST

LINCOLN— Ruth Sorensen, the state’s property tax administrator since 2007, is leaving her post after sources say she was asked to resign. But sources told the Nebraska Examiner that Sorensen was asked to resign in a surprise meeting Tuesday.

Her exit was announced Thursday morning in a two-paragraph press release from the Governor’s Office headlined, “Gov. Pillen Accepting Applications for Property Tax Administrator.” The job became vacant, the press release then stated, because of the “retirement” of Sorensen, a 60-year-old attorney, effective Nov. 22. As property tax administrator, Sorensen was chief executive officer of the state’s property assessment division, which oversees assessment practices by the 93 counties, as well as the granting of tax exemptions.

Tax assessment has become a hot issue in 2023, with both homeowners and farmers seeing steep increases in their valuations — and value — of their land. Nebraska farmland prices are projected to increase 14% this year, while residential land prices are up 16% over a year ago. Sorensen will be leaving as a working group, appointed by Pillen, considers changes in the state’s property valuation system.

Sorensen declined to comment on that but did say Thursday she had “thoroughly enjoyed” her job.

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ECONOMIC FORECASTING BOARD RAISES SHORT-TERM REVENUE PROJECTIONS

LINCOLN- On Friday, the Nebraska Economic Forecasting Board, which provides an advisory forecast of general fund receipts that is used by the Legislature to craft the state budget, voted to raise revenue projections for the current fiscal year during a meeting at the Nebraska Capitol.

The Board's projections for FY2023-24 were raised based on an anticipated $81.72 million increase in corporate income tax receipts. However, that increase was offset by a projected decrease in other receipt categories, including a $64.88 million decrease in individual income tax receipts.

The Board finalized for FY2023-24 a $6.44 billion overall revenue receipt projection, which is a slight increase of $7.87 million for this year based on the offset corporate income tax receipts. For FY2024-25, the Board approved a forecast of $6.37 billion for total revenue receipts, a decrease of $13.29 billion when compared to the previous year.

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UNL'S FIRST AMENDMENT CLINIC FILES LAWSUIT ON BEHALF OF SANCTIONED NRD MEMBER IN NORFOLK

LINCOLN- Earlier this year, a board member, Melissa Temple, of the Lower Elkhorn Natural Resources District filed a federal lawsuit against her colleagues for leveling sanctions against her after she criticized the behavior of another board member. Temple, who won election to represent eastern Norfolk on the NRD Board, was removed from her subcommittee assignments and barred from being reimbursed for travel expenses by her colleagues.

On Tuesday, Temple sued the Board in U.S. District Court in Lincoln for violating her First Amendment right to free speech. "I can't fully do my job or advocate for the public good or protect my constituents if my free speech is sanctioned," said Temple. The lawsuit was filed on behalf of Temple by the University of Nebraska College of Law's First Amendment Clinic, a newly created and student-driven organization that seeks to defend those who believe they've had their First Amendment rights challenged.

According to the complaint filed by the Clinic, Temple said that she witnessed another member of the Board, Scott Clausen, interrupt and make condescending comments to a local business executive during the public comment period of one of the Board's meetings. The lawsuit also alleges that Clausen made derogatory remarks about Temple, including that she was "not smart enough" to be on a proposed committee. Temple then called out Clausen for his remarks, prompting the Board to sanction her.

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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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