NEBRASKA STATE EMPLOYEES UNION FILES PETITION AGAINST EXECUTIVE ORDER ENDING REMOTE WORK

LINCOLN- On Wednesday, the Nebraska Association of Public Employees, a union that represents more than 8,000 state employees, filed a petition with the Nebraska Commission of Industrial Relations demanding that the state negotiates with its employees after its renewed demands to negotiaite Gov. Pillen's new executive order requiring employees to work in-person were rebuffed last week.

Justin Hubly, executive director of the union, said NAPE filed the petition to protect the rights of its members and the public interest. "We remain critically short staffed and any action that would prompt us to lose any state employees will confound the problem," Hubly said in a statement released Wednesday.

Jacy Shafer, deputy director of communications for Gov. Jim Pillen, responded to last week's union demands by arguing that Nebraskans expect taxpayer-funded workers to "deliver maximum value and productivity, and that is only possible by ensuring our state public servants are, as a general rule, working full-time schedules in the office." The petition contends that Dan Birdsall, the state's chief negotiator, repeatedly declined the union's requests for negotiations.

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STATE OMBUDSMAN'S OFFICE SAYS HEALTH AGENCY IS BLOCKING IT FROM LAW-REQUIRED INSPECTIONS

LINCOLN- The Ombudsman’s Office says it’s being blocked from performing inspections of state facilities required by law, making it impossible to check into citizen complaints about institutions. State Ombudsman Julie Rogers said the “limited contact or communication” from the Nebraska DHHS has blocked her legislatively created agency from providing an annual report on the status and conditions at such institutions.

“For the first time, this information was not provided,” said Rogers. A spokesman with the DHHS said that an August legal opinion by the State Attorney General’s Office that served to block access to information by Inspectors General (IG) for child welfare and Corrections also applied to the Ombudsman’s Office, which oversees the IGs. DHHS said, “transparency, serving residents in our care, and finding resolutions to their issues" are still issues they are committed to.

The department will only share individual information with the Ombudsman’s Office “at the request of and with the appropriate informed voluntary consent of the individual, as allowed by law.” State Sen. Danielle Conrad, who is a lawyer, said that a report by DHHS on its own facilities isn’t close to good enough and that it was akin to a “big government entity” telling the public to “trust us.”

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NEBRASKA LAWMAKER AND SPOUSE CREATE UNL SCHOLARSHIP FOR 'LGBTQA+ CHAMPIONS'

LINCOLN- A Nebraska lawmaker and his husband have created an annual endowed scholarship to support “LGBTQA+ champions” at the UNL. State Sen. John Fredrickson of Omaha and Jeff Formanek announced the Fredrickson-Formanek Scholars Fund. The fund will provide permanent financial support to first-year UNL students who are champions and supporters of LGBTQA+ causes and rights.

The couple created the scholarship in an effort to combat divisive rhetoric surrounding LGBTQ issues, according to a news release.

“Nebraska’s state motto is ‘Equality before the law,’” Fredrickson said in a video announcing the scholarship. “We feel so fortunate that this new program will have a real impact on building a brighter future for Nebraska and Nebraskans.”

A $2,000 scholarship — split evenly over a fall and spring semester — will be awarded to a student beginning in fall 2024 through UNL’s Gender and Sexuality Center. The scholarship is available through the annual scholarship application process. Recipients must carry at least 12 credit hours per semester while the scholarship is provided. Preference may be shown to those who demonstrate financial need.

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JUDGE DECLINES TO APPROVE NEBRASKA VOTING RIGHTS SETTLEMENT, CITES 'WRENCH' IN WORKS

LINCOLN- A federal judge declined to approve a settlement of a voting rights lawsuit involving the Omaha and Winnebago tribes, saying a recent appeals court ruling has potentially “thrown a wrench into the works.” The two tribes had recently reached a tentative settlement with the Thurston County Board to redraw the voting districts for the seven-member governing board.

The tribe sued the county this year, alleging that the seven-county supervisor districts drawn up by the county violated the federal Voting Rights Act by effectively denying Native Americans, who make up a majority of the voting-age population in Thurston County, a majority of the seats on the board.

U.S. District Judge Richard Rossiter Jr. said he could not approve the out-of-court settlement until he heard from the parties’ attorneys about whether the deal was impacted by a recent ruling from the 8th U.S. Circuit Court of Appeals. In that ruling, the Appeals Court ruled that Congress did not give “private plaintiffs” the ability to sue to enforce voting rights. Supplemental briefs are to be submitted by Dec. 27.

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NEBRASKA'S 2023 GROWTH STRONG FOR JOBS, INCOME; FUTURE GAINS PROJECTED TO BE MORE MODEST

LINCOLN- After surprisingly strong growth in both jobs and income during 2023, growth should continue at more modest levels over the next several years, a team of state economists projects. Nebraska appears headed for 1.7% job growth in 2023, according to the forecast report from the University of Nebraska-Lincoln’s Bureau of Business Research.

A number of factors drove that growth — including a bounce-back in the restaurant and leisure industry and more-normal levels of immigration — and higher interest rates did not deter growth as much as expected. In all, it appears Nebraska will add 18,000 nonfarm jobs this year. That's almost equal to the 19,000 added in 2022, when the state finally recovered most of the jobs lost during the pandemic job crunch.

Likewise, it appears nonfarm personal income will finish the year with a solid 6.7% growth, well above projections and outpacing the 4% growth in inflation. That means real income growth for many Nebraskans this year. Indeed, the forecast for the next few years calls for more moderate growth, with job numbers rising less than 1% in each of the next three years.

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STATE AUDITOR SLAMS 'RIVERBOAT GAMBLE' WITH DEFUNCT RED WAY AIRLINE

LINCOLN- State Auditor Mike Foley, in a forensic audit, slammed a “riverboat gamble” Lincoln officials made with the now-defunct start-up airline, saying it squandered $3.7 million in federal and local funds, and that dozens of ticket holders still haven’t been reimbursed for canceled flights. The Lincoln Airport Authority had contracted with Red Way Airlines to provide new flights from the Lincoln Airport.

But the Colorado-based startup shut down in August after only three months of operation, after flights drew far fewer passengers than projected, despite offering one-way tickets for as little as $9. Foley, in an 84-page report, said that Red Way “clearly violated” federal regulations by draining a $1.5 million escrow account intended to refund customers for tickets on canceled flights.

Overall, Foley said that the Lincoln Airport Authority provided more than $700,000 in local public funds under its control to assist Red Way, as well as waiving tens of thousands of dollars in fees that the airline would have been obligated to pay. “In the final analysis, Red Way was a failed riverboat gamble bankrolled by taxpayers,” the auditor said in a press release.

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NEBRASKA'S $600,000 JUVENILE JUSTICE FEDERAL GRANT FOLLOWS MULTI-YEAR DRY SPELL

LINCOLN- Nebraska is to receive a $600,000 federal award to help prevent delinquency and protect youths in the juvenile justice system, the Department of Justice announced. States can use the funds for a variety of youth services, including job training, mental health, substance abuse treatment and school-based programs to prevent truancy.

A DOJ news release said that Nebraska hadn’t received funding from the Title II Part B Formula Grants program since 2018. While it did not explain the gap, a program description says that a state might not receive an award if it hasn’t adequately addressed statutory state plan requirements. Applicants have to submit a three-year plan describing how their state would use the funding.

“Title II funding is the clearest expression of the Justice Department’s deep commitment to supporting our youth and helping them succeed,” said Amy Solomon, assistant attorney general of the Office of Justice Program, which provides federal resources to reduce crime, advance racial equity, assist victims and enhance the rule of law. Nationwide, nearly $57 million has been invested in the Formula Grants program for fiscal year 2023.

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NOVEMBER 2023 GENERAL FUND RECEIPTS RELEASED

LINCOLN- The Nebraska Department of Revenue released the November 2023 General Fund Receipts Friday afternoon. Tax Commissioner James R. Kamm reports that gross General Fund receipts for November were $753 million, which is 2.3% above the forecast of $736 million.

Tax refunds for November were $156 million, which is 15.6% above the forecast of $135 million. Net receipts for November were $596 million, which is 0.7% below the forecast of $601 million. Net General Fund receipts for fiscal year 2023-24 were $2.597 billion, which is 0.2% below the forecast of $2.601 billion.

The comparisons for the report are based on the forecast made by the Nebraska Economic Forecasting Advisory Board on October 27, 2023. The Board forecast was divided into monthly estimates by the Tax Commissioner and Legislative Fiscal Analyst on November 9, 2023. Previous monthly press releases are found at revenue.nebraska.gov/about/news-releases/general-fund-receipts-newsreleases.

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NEBRASKA HOUSING GAPS SLOW ESCAPE FROM DOMESTIC VIOLENCE, HUMAN TRAFFICKING

LINCOLN- On Wednesday, the Nebraska Legislature's Health and Human Services Committee heard testimony from a handful of Nebraska organizations who were forced, because of a lack of housing, to turn away more than 5,700 victims attempting to escape domestic violence and human trafficking.

That means thousands of survivors and their children had to remain in danger while waiting for an emergency shelter bed, transitional housing, or other safe havens to open up. "Clearly, there's a problem we need to work on here," said Sen. Wendy DeBoer, "We're not meeting the needs of Nebraskans."

DeBoer kicked off the interim study hearing to bring attention to the issue, but does not yet have a specific legislative proposal. She was joined by leaders of organizations working to help those survivors get out of danger, recover, and build new lives. Among the issue of a lack of adequate housing for survivors was also tightening funding sources, which have made it harder for these organizations to meet the complex needs of survivors.

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INFLATION, SUPPLY CHAIN ISSUES INCREASING COSTS FOR STATE HIGHWAY DEPARTMENT

LINCOLN- During an annual briefing before the Nebraska Legislature, Vicki Kramer, director of the Nebraska Department of Transportation, said the estimated needs of the state's highway system have risen by about $2 billion, to an estimated $16.7 billion over the next 20 years. Kramer cited inflation, as well as difficulty obtaining supplies, as the main reasons for this 15% projection increase.

Kramer also told the Appropriations and Transportation and Telecommunications Committees that these increased expenses will likely delay certain projects, but couldn't name any specifics. However, she said, maintaining the current highway system in Nebraska will remain the Department of Transportation's top funding priority.

This spring, the Legislature extended the use of the one-fourth of a cent of state sales tax revenue for highway needs until 2042. With the support of Gov. Pillen, the Legislature also authorized the Department of Transportation to use bond financing for highways projects, ending the state's pay-as-you-go model.

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AGENCY ASSURES STATE SENATORS THAT FINDING CAUSE OF 911 OUTAGE IS TOP PRIORITY

LINCOLN- On Wednesday, officials representing the Nebraska Public Service Commission faced questions about the reliability of the emergency call system after another 911 outage plagued Lincoln last week. Despite rising tensions, the Commission assured state senators that their probe into the recent outage is a top priority.

"It's a major concern for us," said Dan Watermeier, chairman of the five-member PSC board. Some senators, however, weren't happy with the answers they received. "It strikes me that this could happen again," said Sen. Wendy DeBoer, "When one fire can bring 911 down, we're in trouble."

Watermeier, a former state senator, and David Sankey, the 911 director for the PSC, said the probe is exceedingly complicated, and that it involves both a review of legal contracts with service providers and an examination of whether or not the outage was caused by an equipment issue. "We know fiber optic lines are going to get cut," said Sankey, "We need these 911 systems to be as redundant and robust as possible."

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RESEARCHERS EXPLORE HOW TO BETTER TAP INTO NEBRASKA'S PRISON POPULATION TO FILL LABOR GAPS

LINCOLN- The Nebraska Center for Justice Research, a legislatively funded think tank that has explored ways the state could build programs to help prisoners integrate back into society, is now looking to employers to fill the gaps. Ryan Spohn, director of the center, said his team has been working closely with employers to gain first-hand accounts of what is or isn't working in the state's effort to transition incarcerated individuals into the labor force.

"If we want individuals to be gainfully employed, we have to have employers," said Spohn, "What are the successes they're seeing? What are the challenges and barriers employers experience in hiring justice-involved individuals in Nebraska?" The Center issued a 25-page report with this anecdotal data contained within it, and is set to be shared with state lawmakers, the Department of Corrections, and other interested stakeholders.

One manufacturing supervisor, who is cited in the report, said one of the barriers he has experienced is wanting to hire a formerly incarcerated applicant, but having the goalposts continue to be moved by a state case manager. Among other barriers cited by employers were drug tests that conflict with work hours, difficult communication and collaboration with work release centers, and inmate skill deficits.

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RETIRED FEDERAL JUDGE LYLE STROM, 98, OF NEBRASKA DIES

OMAHA- The U.S. District Court of Nebraska announced the death of the Honorable Lyle E. Strom, who had been nominated to the federal court by President Ronald Reagan. “The judges and Court staff of the United States District Court mourn the loss of Judge Strom. He was a trusted colleague, mentor, and friend, and we will deeply miss him. Our hearts and prayers are with Judge Strom’s family and loved ones,” a release from Chief Judge Robert F. Rossiter Jr.’s office states.

A month shy of his 99th birthday, in January, the retired federal judge died on Friday. Following his confirmation by the U.S. Senate, Judge Strom was sworn in as a federal judge on Nov. 1, 1985. He assumed active senior judge status in 1995 and served as the chief judge for the U.S. District Court of Nebraska from Nov. 1, 1987, to Nov. 1, 1994. He became an inactive senior judge in December 2017.

During his tenure as chief judge, he was the driving force in obtaining a new federal courthouse in Omaha, even overseeing construction of the landmark building. He also was able to obtain an additional federal judge in the Nebraska district “to keep pace with rising caseloads.” The visitation is planned for December 14th, with the mass and burial to follow on December 15th.

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LEGISLATIVE COUNCIL WILL FOCUS ON 'SYSTEMS,' NOT POLICIES AFTER DIFFICULT 2023 SESSION

LINCOLN- State lawmakers will convene at Nebraska Innovation Campus this week for two days of meetings designed to set the table for the 60-day legislative session scheduled to begin in January. But unlike previous Legislative Councils, where discussions have centered on water infrastructure or Nebraska’s changing demographics, this year’s retreat will focus on the Legislature itself.

As Speaker John Arch of La Vista put it, the focus will be more on process than policy. “We’ve got some opportunities to improve the institution of the Legislature,” Arch said. “The agenda that we’re talking through is a systems agenda, not a policy agenda.” Following the contentious 2023 session, Arch said the Legislature would undergo major changes.

“It’s a short session, so there’s not a lot of time for heavy lifting on major policy issues,” Arch said. “I saw this as an opportunity to address things that need to be addressed.” Following the meeting, senators are expected to begin discussing possible rules changes that could be debated early in the upcoming session. The 108th Legislature is scheduled to convene for its short session on Jan. 3.

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FIRST ORGANIZATIONS ARE CERTIFIED TO PROVIDE PRIVATE SCHOLARSHIPS TO NEBRASKA K-12

LINCOLN- The Nebraska Dept. of Revenue publicized a list of the first organizations certified to provide scholarships for K-12 students to attend private schools beginning Jan. 1. The list of certified scholarship granting organizations includes Assistance for Individuals and Families without Borders in La Vista; Metro Area Christian Schools SGO in Omaha and Opportunity Scholarships of Nebraska in Lincoln.

State Sen. Lou Ann Linehan, who tried for years to enact school choice legislation, introduced LB753 this year and ushered it to Gov. Jim Pillen for his approval in May. Linehan said she was “thrilled” the organizations are off the ground. “I am very glad that there’s a group of people that know how important this is and they’ve been willing to go after it and help kids who need different choices than they currently have," said Linehan.

LB 753 will allow a total of $25 million in tax credits in its first three years and could grow to a total of $100 million annually, based on demand. The Revenue Department will accept SGO applications all year. The nonprofits can accept contributions no earlier than Jan. 1 and must be certified. This will be on the ballot in 2024 as some opponents argue taxpayer dollars should not be used to private schools.

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NEBRASKA MAY NEED TO REPLACE 97,000 LEAD PIPES UNDER EPA RULE

LINCOLN- Water utilities across Nebraska would be responsible for replacing tens of thousands of lead pipes over the next decade under a rule proposed by the Environmental Protection Agency last week. The update to the lead and copper pipe rule pushed by President Joe Biden aims to reduce lead in drinking water and curb public health crises that have stemmed from the aging infrastructure.

"Lead in drinking water is a generational public health issue, and EPA's proposal will accelerate progress toward President' Biden's goal of replacing lead pipe across America once and for all," EPA Administrator Michael Regan said in a news release. Across the country, that means nearly 9.2 million lead service lines would need to be replaced within 10 years after the rule is finalized at a potential cost of $625 billion.

In Nebraska, that means an estimated 53,230 lead pipes must be replaced, according to the seventh Drinking Water Infrastructure Needs Survey and Assessment published in April. The environmental nonprofit Natural Resources Defense Council estimates the number of lead pipes remaining in the Cornhusker State is significantly larger, potentially reaching as many as 97,000.

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POLL SHOWS INDEPENDENT NEBRASKA UNION LEADER BEATING REPUBLICAN SENATOR

OMAHA- Dan Osborn, who led the 2021 strike against Kellogg's and is currently running against U.S. Sen. Deb Fischer as an Independent candidate, is seemingly ahead according to a poll conducted by Change Research. Conducted in November, the survey shows Osborn leading Fischer by a margin of 2 points.

Osborn's slight edge in the poll, 40 percent compared to Fischer's 38 percent, comes, surprisingly, despite 59 percent of respondents saying they had never heard of him before. Fischer has represented Nebraska in the Senate for a decade, and sits on the influential Armed Services and Agricultural Committees.

In response to a question outlining both Fischer and Osborn's background, 50 percent of respondents said they'd vote for Osborn, while only 32 percent said the same for Fischer. "Nebraskans have had it with Washington. We've been starving for honest government that isn't bought and paid for," said Osborn in response to the poll's results, "This poll shows that Nebraska's independent streak is alive and well."

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NEBRASKA HOLDING UP BETTER THAN THE REGION, SAYS DIRECTOR OF NINE-STATE ECONOMIC SURVEY

LINCOLN- While Nebraska's manufacturing industry may be "losing steam," it's still chugging along better than most of its neighboring states and the nation, at least according to Creighton University's Ernie Goss, whose Economic Forecasting Group produces a monthly business conditions report based on a survey of manufacturing surplus in a nine-state area.

"There's little doubt, almost everything confirms, that the manufacturing sector is either in a recession or right on the edge of it," said Goss, "But Nebraska has held up better than the region and the nation." Regionally, the business conditions index overall for the nine states slumped in November to 42.2, nearly eight points below the growth neutral threshold.

Goss called that decrease the lowest reading recorded since June 2020. Nebraska's index sank, from 48.8 in October to 39.3 in November, but employment in the sector was boosted over the past year by 2,000. Hourly manufacturing rates also climbed by 6.3%, far above the national average of 3.4%. Asked to identify the greatest economic threat for their firm over the next six months, six of the 10 supply chain managers surveyed said a recession, two said labor shortages, one said inflation, and another said higher interest rates.

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GOVERNOR EXPRESSES DISAPPOINTMENT THAT MOST SCHOOL DISTRICTS OVERRODE SPENDING CAP

LINCOLN- On Monday, Gov. Pillen expressed disappointment that, despite an influx of $324 million in additional state aid to K-12 schools, property taxes for local education statewide still increased by $85 million. "It's unacceptable," said Pillen, "Year one is not where we want to be." A package of bills passed in the Nebraska Legislature earlier this year would've allowed 92 of the state's 244 school districts to lower their collection of property taxes or keep them flat.

However, 188 of the 244 districts voted to override the 3% revenue cap that was imposed as part of Legislative Bill 583, which led to the overall increase in property taxes. "The intent...was that overriding the 3% would be the exception to the rule," said Pillen, "We have to stop spending money." Some disagree with that sentiment. The OpenSky Policy Institute, a Lincoln-based think tank, argued that the "one-size-fits-all funding mechanism" promoted by Pillen is the wrong approach to meeting educational needs.

"Locally elected school board members are best positioned to determine what resources are needed to provide the learning environment and support from teachers to prepare students for a bright future," said Rebecca Firestone of the OpenSky Institute. Joining Pillen at a Monday press conference were the superintendents of the Elwood and Norris school districts, who were both able to reduce property taxes over the past 6 months.

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STATE ASKS OWNERS OF PRIVATE WELLS TO TEST THEIR WATER, TO HELP WITH STATEWIDE STUDY OF NITRATE AQUIFERS

LINCOLN- The Nebraska Department of Environment and Energy sent postcards to more than 29,000 registered domestic well owners across Nebraska, inviting them to conduct a free test of their private well water and participate in a study of nitrate pollution in the state. According to the Department, widespread public participation is the key to ensuring that the study accurately encompasses private drinking wells across the state.

The free sample kits and lab analyses are offered to all Nebraskans with a private well, not just those who received a postcard. If a private well's results are above 10 parts per million of nitrate, owners are also eligible for up to $4,000 in rebates to obtain a reverse osmosis treatment system.

Nitrate pollution in groundwater has been a long-running concern in Nebraska, where decades of use of nitrogen fertilizers and manure runoff from livestock operations have increased levels in aquifers. According to several state medical researchers, the state has one of the highest rates of pediatric cancer in the nation, which nitrate-laden drinking water might've played a role in.

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