STATE SEN. MERV RIEPE SEEKS TO EXPAND MEDICAID COVERAGE TO INCLUDE OBESITY

LINCOLN- State Sen. Merv Riepe is looking to expand Medicaid coverage to include obesity, an effort he described Thursday as seeking to tackle the “root cause” of other ailments. LB907 seeks to expand coverage for intensive behavioral therapy and anti-obesity medications. The medications, prescribed in conjunction with diet and exercise changes, would be part of a tiered approach in addressing a chronic disease that affects more than 30% of Nebraskans.

“It’s just one more tool in the toolbox,” Riepe told the Health and Human Services Committee this week .Anti-obesity medications approved by the U.S. Food and Drug Administration are eligible for use by patients with obesity who have body mass indexes of 30 or greater, or those with a BMI of 27 or greater and at least one or more comorbidity.

LB 907 includes a fiscal note from the Nebraska Department of Health and Human Services of about $300 million in the first two years, though a high-end estimate, without best practices in providing care or determining Medicaid eligibility, could cost up to $500 million annually. No one testified in opposition to LB907. The committee took no immediate action.

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SEN. MERV RIEPE GIVES TOP PRIORITY BILL TO ALLOWING ABORTIONS IN CASES OF FATAL FETAL ANOMALIES

LINCOLN- Sen. Merv Riepe, who tanked an effort last year by his fellow Republicans to pass a near-total abortion ban has given top priority this year to a bill that would allow abortions beyond the state's 12-week ban in cases of fatal fetal anomalies. The bill would amend Nebraska’s 12-week abortion ban, passed last year, to allow abortions in cases when a fetus is unable to survive outside the womb.

That diagnosis must come from two doctors who determine that, regardless of any life-saving treatment, a fetus is incompatible with life outside the womb and will result in death upon birth or shortly thereafter. The diagnosis and abortion must come before 20 weeks of pregnancy — a timeline consistent with Nebraska's previous 20-week ban on abortions.

The bill also removes criminal penalties for doctors who perform an abortion outside the exceptions for rape, incest and to save the life of the mother. Adelle Burk with Planned Parenthood Advocates of Nebraska said Riepe’s bill falls well short of restoring full rights to abortion access, but that it “acknowledges some of the harm done by the bill passed last year and tries to control some of that damage.”

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PUBLIC SAFETY, ECONOMIC OPPORTUNITY AND CHINA: RENEWABLE ENERGY DEBATE RUNS HOT IN NEBRASKA

GREELEY- Better to walk out than get thrown out. And with that, Robert Bernt, an organic farmer in central Nebraska, turned and left the old school gymnasium where the county zoning board was evaluating a proposed wind farm. The project was being sought by area farmers who viewed it as a way to shore up their family incomes and feed tax revenue into local schools and government.

Most of the several dozen people in attendance shared Bernt’s anger. They accused local officials of aiding China, a major player in renewables, and jeopardizing neighbors’ health and property values. And they disputed the project’s promised economic benefits. One opponent called on the group to join him in prayer as he beseeched God to steer officials away from the plan. Most stood with him.

NextEra Energy Resources, the world’s largest developer of wind and solar projects, said it has already invested about $814 million in Nebraska and remains committed to continuing despite the opposition. That includes in Greeley County, where it’s developing the proposed wind farm. “We … believe that well-sited projects can provide significant benefits to the counties where they are built," said NextEra.

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BILL ADVANCED TO CLOSE LOOPHOLE IN INSURANCE COVERAGE FOR PROCEDURES DURING A COLONOSCOPY

LINCOLN- On Tuesday, the Nebraska Legislature voted 36-6 to advance a bill Sen. Carol Blood introduced to "close a loophole" in the Affordable Care Act. The ACA, according to Blood, intended to require coverage of colonoscopies as well as the removal of any polyps found during the procedure. However, a loophole makes the removal of a polyp "diagnostic" and a procedure whose cost is the patient's responsibility.

Under Sen. Blood's LB829, polyp removal, a biopsy, and lab tests will be covered by insurance. Omaha Sen. Kathleen Kauth opposed the bill, questioning whether requiring insurers to cover polyp removals would increase costs for all patients. Blood argued that those who refuse to pay the current extra fees can face life-threatening consequences.

Lincoln Sen. Eliot Bostar, in response to Sen. Kauth, said costs would be saved if a patient's polyps are removed, since this would likely prevent future instances of cancer. Blood cited the fact that colon cancer kills 53,000 Americans each year, and that it is the second-leading cause of cancer deaths.

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SEN. CONRAD INTRODUCES BILL TO ALLOW CHILDREN TO REPEAT A GRADE IN K-12 WITH PARENTAL PERMISSION

LINCOLN- In select circumstances under Sen. Danielle Conrad's LB1193, parents or guardians would have the final say in whether their children should repeat a grade in K-12 schools. More specifically, parents would be allowed to let their children repeat a grade in K-4 due to academic needs, illness, or excessive absenteeism. For students in grades 5-12, the reason would be limited to excessive absenteeism.

"In the rare instances where there are disagreements with the parent, and to be clear, most of the time there's not," said Conrad, "the parent's decision should really carry the day." Elizabeth Eynon-Kokrda, general counsel for the Education Rights Counsel and a proponent of the bill, argued that school districts currently contain "the entire body of rights here."

Eynon-Kokrda offered two examples to show the importance of this issue. In one, a ninth grade student survived being trafficked and missed the entire school year, but her parents were denied the opportunity to place their daughter back into ninth grade. "The current rule basically is, your age dictates where you go, specifically without regard to your circumstances," said Eynon-Kokrda.

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GOV. PILLEN, SEN. DEKAY LOOK TO PREVENT FOREIGN ADVERSARIES FROM OWNING NEBRASKA REAL ESTATE

LINCOLN- LB1301, introduced by Sen. Barry Dekay at the behest of Gov. Jim Pillen, would modernize a law that they argue is designed to prevent foreign adversaries and sanctioned nationals from buying land in Nebraska. "What we're doing is not something that is radically different," DeKay told the Legislature's Agriculture Committee on Tuesday.

A draft amendment for the bill would expand restricted land statewide, rather than specifically within 10 miles of Nebraska's military installations. It would also specify that a "nonresident alien" must disclose agricultural land purchases in line with federal law. Under the bill, the Nebraska Department of Agriculture would determine whether a violation of the "Foreign-Owned Real Estate National Security Act" occurred, and could forward the matter to the Attorney General's Office.

Restricted entities within the bill include those who are listed on any sanctions lists maintained by the U.S. Department of the Treasury, and those who are determined by the U.S. Secretary of Commerce to have "engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States."

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SEN. MURMAN BRINGS THINNER, UPDATED PROPOSAL FOR K-12 TRANSPARENCY

LINCOLN- After trying to pass a "Parents' Bill of Rights" last year, Sen. Dave Murman is once again attempting to promote K-12 transparency through the newly introduced LB1399, the "Parents' Bill of Rights and Academic Transparency Act." He told the Education Committee on Tuesday that his previous bill received "great support," but that some teachers and school officials saw it as too burdensome.

"Teaching is already a difficult profession," Murman told the committee, "I've tried to put in the work to find some more reasonable compromises." LB1399, Murman's new bill, would set a time frame for which parents may obtain instructional material upon request, clarify to the public how curriculum materials are approved, maintain an online database of library resources, and require that schools receive parental approval before students can take surveys.

The bill would also update a 1994 law on parental involvement in schools, requiring schools to foster and facilitate "the fullest transparency allowed by law," instead of merely "informing" parents and guardians. Allie French, a 2024 legislative candidate and member of Nebraskans Against Government Overreach, said several proponents of the bill have requested records from K-12 schools and have received nebulous time frames in response.

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VOLUNTEER FIREFIGHTERS PLEAD FOR FUNDS TO BUY RADIOS THAT LET THEM COMMUNICATE WITH OTHER DEPARTMENTS, STATE AGENCIES

LINCOLN- As a wall of flames engulfed a Crete firefighter working a wildfire in Lancaster County in October 2022, other first responders had a problem — their radios. Some radios were outdated, some couldn’t communicate with a nearby firefighter and overloaded circuits blocked colleagues from summoning help for Brad Elder as the fire roared over him.

“We need help. We need help desperately,” Johnson told members of the Legislature’s Appropriations Committee. He was among several volunteer firefighters who testified in support of a trio of bills that would provide more funding to purchase “interoperable” radios for the state’s volunteer first responders.

Right now, the state’s 449 volunteer fire and rescue department have a mixture of radios, old and new, with a mixture of ability to be “operable” with other departments, the State Patrol or other responders to multi-agency wildfires, accidents or floods. Those testifying told stories of seeing firefighters from other departments but being unable to communicate directly with them via radio because they were using different systems.

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PASSIONATE BATTLE OVER SCHOOL CHOICE RESUMES IN NEBRASKA LEGISLATURE

LINCOLN- The battle over school choice returned to the Nebraska Legislature on Tuesday over a proposal to allocate $25 million a year directly from state coffers to organizations that hand out scholarships to private and parochial schools. LB1402, introduced by Sen. Linehan, is meant to act as a replacement for the Opportunity Scholarship Act passed last year.

Last year's law is scheduled to appear on the November general election ballot, where Nebraskans will have the opportunity to decide its future. Scott Norby, an attorney for the Nebraska State Education Association, said last year's law "does indirectly what LB1402 does directly--the funding of private schools with public dollars."

Sen. Lou Ann Linehan, who introduced last year's proposal as well, said LB1402 is "an end run" around the ballot initiative, which she argued was marred by misinformation. "They don't want the competition, folks," she told the members of the Legislature's Appropriations Committee, "It's so clear." She added that she would ask the Legislature to repeal the original Opportunity Scholarships Act if LB1402 passes this year.

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JUDGE RULES THE STATE OF NEBRASKA WAS NOT IN CONTEMPT FOR REMOTE WORK ACTIONS AFTER CIR RULING

LINCOLN- The State of Nebraska did not knowingly violate a Commission on Industrial Relations order when managers notified some state employees they were terminating previously approved work-from-home or remote-work agreements. Lancaster County District Court Judge Andrew Jacobsen ruled that the state did not “willfully” disregard the CIR order telling it to stand pat on Gov. Jim Pillen’s return-to-work executive order by ending arrangements approved before Pillen issued his order. 

Jacobsen, in a six-page order, said the Nebraska Department of Administrative Services and other state agency leaders had met and tried to figure out what the order allowed and did not. They also sought clarity from the CIR in a formal filing. “That is exactly what the state should have done,” he wrote. “The state’s actions are not those of a party thumbing its nose at a tribunal. They are instead the actions of a party laboring to understand how a tribunal’s order should be applied to policies not considered by the tribunal.” 

Justin Hubly, executive director of NAPE, said on Monday that the state has “fallen in line” and started following the spirit of the CIR order and that agencies stopped terminating employees’ remote-work arrangements. “We had to hold our members’ rights up and hold the state accountable,” Hubly said. “We’re glad they’re following it now. We wish they would’ve followed it out of the gate.” 

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NU UNVEILS FULL COST OF ATTENDANCE SCHOLARSHIP, STIPEND FOR PERFECT ACT PERFORMANCE

LINCOLN- The University of Nebraska announced it will pay Nebraska students who score perfectly on the ACT to obtain an NU education. Interim NU President Chris Kabourek joined with regents, state senators, three NU chancellors and Nebraska Gov. Jim Pillen to outline the inaugural President’s Scholarship for in-state students who obtain a 36 on the ACT.

The scholarship will cover cost of attendance — including tuition, fees, books and room and board — and provide a $5,000 annual stipend “to pursue whatever your dream in life is.” Kabourek said NU wants Nebraska students to list the university at the top of their list of desired colleges or universities, but many are leaving the state to continue their education. Moving forward, he’s said, NU can’t lose its “best and brightest.”

“If you sign with us, we’re going to go celebrate it just like we celebrate our five-star athletes,” Kabourek said at a news conference, explaining that many student-athletes receive a stipend. Unlike the Regents Scholarship, a top scholarship that waives the cost of tuition for qualifying students, the new scholarship will pay NU for students’ attendance.

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SEN. LOREN LIPPINCOTT SEEKS TO ALLOW OFFSITE RELIGIOUS ELECTIVES FOR PUBLIC K-12 STUDENTS

LINCOLN- A Nebraska state senator testified that allowing offsite religious electives could be “another tool” in addressing K-12 students’ behavior and academic performance. LB1066, introduced by Sen. Lippincott and 11 other senators, would allow a private entity approved by a public school board to offer elective courses in religious instruction. Students would be able to attend, at most, one period or one hour of such a course per day during a semester.

Lippincott said this method of instruction, or release time, could add a “valuable missing component” to Nebraska K-12 electives. “It would be no different than a kid working at the John Deere store or doing something like this,” Lippincott said. LB 1066 would allow school boards to adopt policies authorizing students to attend such courses, as long as they do not “undeniably promote licentiousness,” lack legal, moral or sexual restraints, or go against other school policies.

Parents or the sponsoring entity would be required to transport students to and from school, time that would be counted in the one-period-per-day window, but Lippincott told the Examiner the time would still be meaningful. Six states allow academic credit for such release time, according to School Ministries: Alabama, Indiana, Ohio, South Carolina, Tennessee and Utah.

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NEBRASKA TOURISM SLOGAN IS NO MORE. 'EVERYTHING HAS A SHELF LIFE,' OFFICIAL SAYS

LINCOLN- Frankly, it was a state tourism slogan that wasn’t for everybody. The Nebraska tourism director announced publicly that it was ditching its edgy, 5-year-old tagline: “Nebraska, honestly it’s not for everyone.” Officials said the slogan was successful in getting previously uninterested travelers curious about visiting Nebraska, but it had also been criticized — including by Gov. Jim Pillen — as reinforcing the state’s lack of soaring mountains and ocean beaches.

“It’s a thing of the past,” John Ricks, director of the Nebraska Tourism Commission, told members of the Legislature’s budget-writing Appropriations Committee. “Times change. Everything has a shelf life,” added David Fudge, executive director of North Platte’s Nebraskaland Days festival. Ricks made the revelation during a public hearing in which he requested an increase in spending authority for his commission, from $7.4 million to $10.5 million, to increase marketing of visiting the state.

The increased spending, Ricks emphasized, would be financed by a combination of state lodging taxes and surplus tourism commission funds, not tax dollars. Dropping the slogan comes as a proposal is being considered in the Nebraska Legislature to transfer the now-independent Tourism Commission back under the control of the Nebraska Department of Economic Development.

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NEBRASKA LAWMAKERS REJECT BILL TO MAKE DAYLIGHT SAVING TIME PERMANENT

LINCOLN- On Monday, after three days of sporadic floor debate, lawmakers rejected two proposals that would have signaled Nebraska's support for shifting to a year-round daylight saving time if Congress agreed to allow it. A 14-25 vote determined the fate of this proposal. Lawmakers also rejected an amendment that would have gone a different route, establishing a permanent standard time in Nebraska, no matter what other states decided to do.

The bill was originally introduced last year by former Sen. Tom Briese, who had pushed for the idea since 2021. When Briese stepped down from the Legislature, the bill was adopted by Sen. Danielle Conrad. If LB143 had passed, daylight saving would only have become permanent in Nebraska if federal law was changed and if three neighboring states also made the change. So far, two bordering states, Colorado and Wyoming, have made that move, along with 17 other states.

If Nebraska had voted to make daylight saving time permanent, Sen. Steve Erdman argued that the sun would rise as late as 9:10 A.M. on some days. Nebraska's golfing and broadcasting industries also argued against the adoption of the bill, claiming that such a change would make Nebraska an "island," disrupting programming like news and weather reports.

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NEBRASKA SEN. JOHN CAVANAUGH MAKES PITCH FOR ADDITIONAL STEPS BEFORE USE OF EMINENT DOMAIN

LINCOLN- Omaha Sen. John Cavanaugh called for increased regulation and local government approval before a utility or pipeline company could use eminent domain to obtain the right of way for an electric transmission line or pipeline during a Friday legislative hearing. The discussion surrounding LB1366, Cavanaugh's proposal, comes as the issue of eminent domain begins to heat up.

Two companies, Summit Carbon Solutions and Tallgrass Energy, are seeking to build pipelines across Nebraska to transport carbon dioxide captured at ethanol plants. Sen. Cavanaugh said his proposal wasn't designed to target CO2 pipelines in particular, but to ensure that landowners have recourse with their local government, should eminent domain be used.

Under LB1366, a local government or the Nebraska Public Service Commission would have to vote to approve the use of eminent domain. Cavanaugh called his proposal "no condemnation without representation." The bill would also require "good faith" negotiations and the providing of an appraisal to a landowner by a company before eminent domain could be utilized.

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PILLEN VISITS TEXAS AGAIN, PLEDGES MORE BORDER HELP AT NEBRASKA'S EXPENSE

LINCOLN- Nebraska Gov. Jim Pillen joined more than a dozen other Republican governors in Eagle Pass, Texas over the weekend, pledging state taxpayer support for Texas Gov. Greg Abbott's months-long dispute with President Joe Biden over border security. Pillen has already spent over $1 million in state funds to deploy drone pilots from the Nebraska State Patrol and National Guard to the southern border.

Pillen said he would dip into federal pandemic relief funds to offset the costs to state taxpayers. On Sunday, Pillen pledged even more state help for Texas, but didn't specify whether that would be financial or personnel. He and other GOP governors who have helped Abbott's "Operation Lone Star" say they are trying to stem the tide of illegal border crossings.

Pillen and leaders with the State Patrol have argued that their efforts help to reduce the number of people and illegal substances being trafficked across the border, stating that both of these end up in Nebraska and other states with disastrous consequences for public safety. "We're a border state even though we're in the middle of the United States," Pillen said.

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PUSHBACK MEETS GOVERNOR'S PLAN TO 'STREAMLINE' APPROVAL OF NEBRASKA LIVESTOCK OPERATIONS

LINCOLN- Nebraska Gov. Jim Pillen, a hog farmer himself, recently requested the introduction of a bill that would eliminate public hearings during county zoning board considerations of permits to allow large hog confinement operations, chicken farms, and feedlots. "The goal is simple: to smooth out the process of obtaining the proper permits and do business at the county level," said Gov. Pillen of the bill.

LB1375, the bill in question, received a wave of opposition at a Government, Military, and Veterans Affairs Committee hearing on Wednesday. "This will restrict the opportunity of the public to voice their opinions," said Mark Schoenrock, a Jefferson County board member. He and other testifiers pointed out the inscription above the main entrance to the State Capitol: "The Salvation of the State is the Watchfulness of the Citizen."

Supporters of the bill, however, argued that the bill's intent was not to eliminate a public hearing at the zoning board level, but rather to make it optional and allow written comments instead. The sponsor of the bill, Sen. John Lowe, said he would amend the bill to ensure that public hearings at the zoning board level are still allowed.

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CONFIRMATION HEARING FOR CEO OF NEBRASKA DHHS REVOLVES AROUND RELIGION, SIN, SOCIAL MEDIA

LINCOLN- A legislative hearing on Wednesday to confirm the leader of the Nebraska Department of Health and Human Services diverted at times from agency goals to religion, sin, social media, and more. DHHS CEO Steve Corsi assumed the seat on September 11th, but faced immediate opposition over past controversies related to his previous service in Missouri and Wyoming, as well as his past activity on Twitter.

Corsi, who holds a doctorate in clinical psychology, said he appreciated Pillen's recognition of how his background and experience may prove beneficial. "I believe when called to public service," said Corsi, "there is only one right answer: yes." During the hearing, Corsi committed to improving DHH's timelines and the quality of economic assistance processing, overhauling the state foster care system, and addressing the needs of early childhood education.

Asked whether or not he had heard that Gov. Pillen planned to cut DHHS spending by 18%, Corsi said he had never heard that number. He also shot down rumors that mass layoffs could come soon to the department. Sen. Machaela Cavanaugh, during the hearing, questioned Corsi over his likes, posts, and reposts on Twitter. Corsi walked the committee through each like and post, often veering into religious territory.

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NEBRASKA'S PROPOSED ONE-CENT SALES TAX INCREASE STILL FACES RESISTANCE

LINCOLN- The effort of Sen. Lou Ann Linehan and Gov. Jim Pillen to add one cent to the state's sales tax faced stiff resistance during a Wednesday hearing. Linehan's LB1315, which received backing from the Nebraska Association of County Officials and Nebraska Farm Bureau, is intended to balance the state's "three-legged stool."

More specifically, the bill is meant to help the state provide more property tax relief. Opponents, however, argued that the majority of Nebraskans would be opposed to such a change. Suzan DeCamp of AARP Nebraska told the Legislature's Revenue Committee that the bill would disproportionately harm fixed-income seniors and low-income Nebraskans more broadly.

Doug Kagan of Nebraska Taxpayers for Freedom also argued that Nebraskans want real tax relief, rather than the raising of one kind to make another feel less painful. John Gage of Americans for Prosperity-Nebraska emphasized the need for hard spending caps on K-12 school districts. "We do not like the Legislature's attempt to hike the sales tax and call it tax reform," he told the committee.

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SEN. WAYNE PITCHES SHIFTING THE COST AND OPERATION OF COUNTY JAILS AND COUNTY ATTORNEYS TO THE STATE

LINCOLN- Under two bills introduced by Sen. Justin Wayne, the state would be allowed to take over the management and financing of county kails and county attorneys' offices across the state. A fiscal note released Wednesday estimates that it would cost the Nebraska Department of Corrections roughly $186 million to manage the county jails, while an additional $100 million be shifted off the local property tax rolls if the county attorneys become state-funded "district attorneys" instead.

Wayne, who chairs the Legislature's Judiciary Committee, said the shifts make sense because the state controls who goes to jail anyway via its sentencing laws. "We create the laws, we create the punishment, we should pay for it," Wayne told the Judiciary Committee, "It's a clear unfunded mandate on counties."

The bills faced opposition from the Nebraska County Attorneys Association and the Nebraska Association of County Officials, who argue that such a shift would dilute local control and accountability if an appointed attorney, rather than an elected county attorney, handles local prosecutions. "It's a cost shift," said Michelle Weber, a lobbyist for the County Attorneys Association, "It will not cost less."

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