SPEAKER: NEBRASKA LEGISLATURE MOVING SMOOTHLY, BUT DIFFICULT SUBJECTS ON HORIZON

LINCOLN- The 2024 session has passed the halfway mark with plenty of work ahead. Lawmakers will continue to split their days between morning floor debates and afternoon committee hearings through the end of the month, as they sort through nearly 600 bills introduced this year, plus bills that remain in play from last year. Speaker John Arch said he is pleased with the progress and tenor of the first half of the short session.

Senators have collaborated on the floor to address concerns or find compromises, he said, while committees are taking time to give bills thorough consideration before advancing them for debate by the full body."I think last year's session was a motivator, to put it mildly," Arch said. "It motivated people to find another way to do this, and as a result of that, we said 'there's a process here that works, let's go back and relearn that.'"

"People that have bills and want those bills to pass are talking to those who come to committee hearings, or perhaps other senators, and a lot of times that results in a minor change that clears the opposition," he said. "That has made for better bills." As the Legislature takes the turn for home, Arch said he hopes the spirit of good governance and collaboration experienced so far continues.

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LEGISLATIVE COMMITTEE ADVANCES NEW OPPORTUNITY SCHOLARSHIP BILL

LINCOLN- State lawmakers have teed up another contentious debate over providing public funds for private, K-12 schooling. On a 6-3 vote, members of the Legislature’s Appropriations Committee advanced to floor debate a revised version of the Opportunity Scholarships Act that was passed last year.

That act faces nullification in a vote on the ballot in November, and supporters of the scholarships law made it clear that they want to avoid an expensive campaign to convince voters to retain last year’s act. “It’s pretty painful,” said Sen. Lou Ann Linehan, the sponsor of the bill introduced last year and this year’s LB1402, noting that supporters of the act spent more than $1 million in attempts to keep the issue off the ballot.

Elmwood Sen. Rob Clements, who chairs the Appropriations Committee, said he voted to advance LB 1402 because he’s been a longtime supporter of school choice and because backers of the Opportunity Scholarships Act wanted to avoid a bruising campaign over the ballot initiative. He was joined in voting the bill out by Sens. Armendariz, Dover, Erdman, Lippincott and McDonnell.

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'I MADE A MISTAKE': LAWMAKER WHO SANK NEBRASKA'S NEAR-TOTAL ABORTION BAN SEEKS CHANGES

LINCOLN- After working behind the scenes to revive a stricter abortion ban last year, a Nebraska lawmaker said he should have fought for an additional exception and a repeal of criminal penalties. Sen. Merv Riepe introduced LB1109 this year in hopes of adding an exception for fatal fetal anomalies, up to 20 weeks post-fertilization, in line with other exceptions for incest and sexual assault, which were included last year. At least two physicians would need to confirm a fatal diagnosis, determining the pregnancy would result in the infant’s death at birth or “inevitably thereafter.”

LB 1109 would also repeal criminal penalties for someone who intentionally or recklessly performs, or attempts to perform, an abortion in violation of state law. This penalty is currently a Class IV felony. Patients are not held liable for abortions performed or attempted illegally. “I failed last session to hold to my expectations, and we have an incomplete law,” Riepe told the Judiciary Committee.

Riepe said current criminal penalties penalize doctors following the law but “operating within the margins” while the additional exception is for mothers who have “done everything right”. ”They are want-to-be mothers. They have sought prenatal care and screening,” Riepe said. “But the genetic lottery has swatted them down, and they have lost.”

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DEBATE FOCUSES ON WHAT'S BEST FOR PUBLIC SAFETY: REPEALING OR RETAINING STATE'S 3-DECADE-OLD HANDGUN BUYER PERMIT LAW

LINCOLN- Gun rights advocates and those who support gun control differed on the merits of a bill that would rescind Nebraska’s 33-year-old handgun buyer’s permit law. The law requires anyone seeking to purchase, rent or receive a handgun to first obtain a state permit, costing $5, after first undergoing a criminal background check by a local law enforcement agency.

The permit is good for three years, which is what much of the debate was about. Right now, if someone obtained a state buyers permit and committed a felony or other offense the next day, that would disqualify the person from carrying a firearm, but that might not be discovered for another three years, said Sen. Tom Brewer. In this situation, an individual would still be able to purchase a gun.

Kelsey Remmers of the Nebraska State Patrol, which asked that LB 883 be introduced, testified it would close that “loophole” and “is in the best interest of public safety.” Supporters of gun control, Brewer said, should be in support of his proposal. That proposal is to require a background check at each purchase point as required by federal law.

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SUPPORT IS SURPRISINGLY BIPARTISAN TO DELETE CLAUSE ABOUT LEGAL OPINIONS FROM THE ATTORNEY GENERAL

LINCOLN- Attorney General Mike Hilgers testified in favor of a bill introduced by State Sen. Danielle Conrad, moments after the senator had ripped the state’s top lawyer for a “poorly written and political” legal opinion. Conrad was referring to the nonbinding legal opinion from Hilgers in August opining that legislatively created “inspector general” offices to monitor operations in state prisons and the child welfare system were an unconstitutional infringement by the Legislature on the authority of the executive branch of government.

The Lincoln senator has decried the legal opinion, saying that the agencies are “thumbing their noses” at state law, which requires the Legislature to provide oversight over state operations — operations at what she calls the two “most troubled” agencies in state government. The Legislature, Conrad said, created the inspector general offices in the wake of scandals over the past decade.

After being verbally slammed by Conrad during testimony, Hilgers spoke in favor of her bill, which surprised several members of the Government Committee. Hilgers said that the clause in state law concerning legal opinions from the AG is an “anomaly” and can make “a significant mess of things.” He added that his opinions are nonbinding.

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BILL TO PREVENT OPIOID OVERDOSE DEATHS IN NEBRASKA PASSES INITIAL HURDLE

LINCOLN- In 2022, 175 Nebraskans died of drug overdoses. A bill seeking to reduce that number advanced Wednesday from the initial-round legislative debate. State Sen. Tony Vargas of Omaha, who introduced Legislative Bill 1355, said that in more than 60% of the 2022 fatal overdose cases, there was at least one potential opportunity to prevent a death.

Under the bill, $4 million per year in grants from the Nebraska Opioid Recovery Fund would be provided for the Nebraska State Patrol, health care facilities, local public health departments and behavioral health regions to create programs to improve opioid treatment and response to overdoses. The bill, with amendments, advanced on a 40-0 vote.

Vargas, who prioritized the bill, said that opioid addiction touches too many lives and that the bill can help address “this public health crisis, keep our communities safe and get Nebraskans the help they need to treat and overcome addiction.” Vargas said that 67% of all overdose deaths in Nebraska involved opioids and that illegally made fentanyl was the top opioid involved.

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A 'TURNBACK TAX' DISTRIBUTION TO BENEFIT 27 NORTH OMAHA GROUPS, SMALL BUSINESSES

OMAHA- About $198,000 in grants to benefit the area were announced Thursday by a committee including Douglas County Commissioner Chris Rodgers, Omaha City Councilwoman Juanita Johnson, North Omaha State Sen. Terrell McKinney and community members Ernest White and Rodney Johnson. ​​​​

The funds are awarded under the Nebraska Convention Center Facility Financing Assistance Act, which dictates that much of state sales tax revenue collected by hotels and retailers within a certain distance of a convention center are to be “turned back” to political subdivisions to pay off debt for the facilities.

The act, as amended, provides that 10% of that turnback tax funding received by the City of Omaha is be used in high poverty areas for these reasons: to showcase historical aspects; to reduce street and gang violence; and to assist small-business growth.

South Omaha received a separate portion of turnback tax grants worth about $198,000 for the 2023-24 grant cycle.

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LEGISLATIVE PROPOSAL TO REPEAL NEBRASKA'S 2023 ABORTION AND GENDER CARE LAW WITHDRAWN

LINCOLN- A legislative bill that sought to repeal Nebraska’s 2023’s combo abortion and gender care law is dead this year, at the introducer’s request. Sen. Machaela Cavanaugh introduced LB879 to allow the public to weigh in further on LB574. That bill enacted a 12-week abortion ban tied to gestational age and charged the state’s chief medical officer to write regulations on care primarily targeted to transgender youths. The law also prohibits transition surgeries before age 19. 

Lawmakers voted 30-2 Thursday to withdraw LB 879. Instead, the Health and Human Services Committee, of which Cavanaugh is a member, has requested a briefing with Tesmer on the proposed final rules and regulations. Temporary rules and regulations have been in place since Oct. 1, and the final proposal cleared the State Board of Health last week.

The requested briefing is for Thursday, Feb. 29, at 1 p.m. The briefing would be public, but the public could not speak as they can at bill hearings. It is currently unclear whether Dr. Timothy Tesmer will agree to attend the public hearing. The rules go to the offices of Attorney General Mike Hilgers and Gov. Jim Pillen for a final say. 

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'CLUB OF ONE': NEBRASKA ADMINISTRATORS, PROFESSORS CRITICZE EFFORT TO END FACULTY TENURE

LINCOLN- On Tuesday, faculty groups and administrators from the University of Nebraska lined up to oppose Sen. Loren Lippincott's LB1064, which would end faculty tenure in Nebraska. Lippincott said his goal in introducing the bill is not to stifle academic freedom, but to put benchmarks in place to allow for more transparency.

"A lot of these horses plowed the field very straight when they were young and they were earning their tenure," Lippincott told the Legislature's Education Committee, "But then those horses ended up staying in the barn and just simply eating hay." Interim NU President Chris Kabourek was the first to testify, arguing that tenure is something NU need in its "toolbox."

"It takes years of work and a proven record and scholarly performance and productivity, and that's good news for Nebraska," Kabourek said. Should LB1064 pass, Kabourek added, it would put NU at a "great competitive disadvantage." Colby Woodson, a UNL graduate student, argued that the institution of tenure has become a sort of academic caste system, and that it's not necessarily what it used to be.

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NEBRASKA STUDENTS TAKE FIGHT AGAINST 'PERIOD POVERTY' TO LEGISLATURE

LINCOLN- On Monday, a hearing was held before the Legislature's Education Committee over Sen. Danielle Conrad's LB1050, which would require school districts to provide menstrual products in girls' bathrooms or locker rooms by the 2025-26 school year. The bill, which did not include an appropriation, is expected by the Nebraska Department of Education to cost $750,000 annually.

The Legislature previously removed a sales tax on menstrual supplies and provided menstrual products to incarcerated women and girls, which Conrad described as the first steps. Alyssa Capek, a Nebraska eighth grader, told the Education Committee that it can be "traumatic and embarrassing" for girls when their school lacks adequate menstrual products.

"Once female students hit puberty, we're given this insurmountable task of being our own nurses and our own janitors," said another testifier, Cassidy Bell, "And because we don't talk about it, we girls never say to each other, 'Maybe it doesn't have to be like this.'" The Nebraska State Education Association, Nebraska Association of School Board, and ACLU of Nebraska all testified in support of the proposal.

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BILL TO RESTRUCTURE NEBRASKA STATE BOARD OF EDUCATION MAY BE DEAD IN LEGISLATURE

LINCOLN- A lack of committee support indicates that a constitutional amendment to restructure the Nebraska State Board of Education may be dead in the Legislature this year, although the introducer still has hope. The Legislature's Education Committee held off on voting to advance Sen. Murman's LR278CA on Tuesday.

The proposal would reduce the number of elected members on the State Board of Education to five, with two additional members appointed by the governor. The Board is currently composed of eight members, each elected from separate districts. Murman argued that his proposal would put Nebraska in line with a majority of states, which do not elect their Board of Education members.

Murman acquiesced to not voting on the amendment Tuesday, noting the amount of opposition testimony it received, but said he wasn't committed to leaving the proposal stuck in committee for the rest of the legislative session. On Tuesday, the committee also decided to hold off on advancing LB635, which would require providers of digital and online resources to K-12 schools to filter and block obscene materials.

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HEARING BRINGS OUT BACKERS, OPPONENTS OF NEBRASKA ANTI-DEI BILL

LINCOLN- On Tuesday, critics of a proposal seeking to restrict Nebraska colleges and universities from spending public money and staff time on efforts to boost diversity, equity, and inclusion spoke for more than three hours, stretching an Education Hearing into the evening. Proponents of the bill spoke for just 45 minutes.

The bill, LB1330 introduced by Sen. Dave Murman, largely mirrors legislation passed in other red states, such as Oklahoma. The bill would make it unlawful in Nebraska for public higher education institutions to require employees to participate in training or workshops on power and privilege and how both impact people of different races, genders, and sexual orientations.

Murman, speaking to the Education Committee, told members that those in higher education who speak out against DEI are ostracized, marginalized, or outright fired. "This is the natural result of when public institutions put ideology into policy," Murman said, "It should be obvious and easy to say that race, ethnicity, gender and religion should never be used to discriminate against another person."

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PILLEN RAISES RECORD AMOUNT FOR FIRST-YEAR NEBRASKA GOVERNOR

LINCOLN- Just months after winning Nebraska's costliest governor's race, Gov. Jim Pillen set a record for first-year fundraising for the state's chief executive position. In 2023, Pillen raised $2.1 million, more than double the closest number ever raised by a first-year governor. Gov. Dave Heineman, the second-highest fundraiser, brought in only $815,000 in his first year.

Several Nebraska political consultants said they see Pillen's substantial early fundraising as a warning to any would-be challengers, like agribusinessman Charles Herbster, who Pillen beat in the 2022 Republican Primary. Chris Peterson, a Nebraska Republican consultant, called Pillen's figures "a stunning number," and argued that such an amount "doesn't happen by accident."

"It's clearly intended to both raise a war chest for 2026 and send a message to potential challengers that Governor Pillen isn't taking his re-election for granted, even though the primary election is more than two years away," said Peterson. Herbster declined to comment about his political intentions or Pillen's large haul. However, Herbster has expressed interest in a possible 2026 rematch.

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SENATOR CALLS FOR INCENTIVES TO REDUCE NITROGEN FERTILIZER USE, IMPROVE WATER QUALITY

LINCOLN- A rural state senator called for providing financial incentives for farmers to use less nitrogen fertilizer and help clean up the state’s groundwater. LB1368, introduced by Sen. Teresa Ibach, would pay no less than $10 an acre for farmers who reduce their use of synthetic fertilizers, such as anhydrous ammonia, and switch to “biological” alternatives, such as coating seeds with microbes that draw nitrogen from the air.

Ibach told members of the Legislature’s Agriculture Committee the goal of her “Nitrogen Reduction Incentive Act” is to encourage farmers to adopt “sustainable practices” to avoid and hopefully reduce nitrate contamination of groundwater. Currently, one in five public water supplies and private wells in Nebraska tests high for nitrate contamination, which has been linked to one of the nation’s highest rates of pediatric cancer.

Supporters of the bill said nitrogen fertilizer is often overapplied, allowing it to leech into groundwater or run off into streams and lakes, causing harmful algae blooms and the “dead zone” where the Mississippi River dumps into the Gulf of Mexico. Ibach said it has taken years for excess nitrates to leech into the state’s groundwater and it will take years to reverse that trend, but she said LB 1368 is a “proactive” first step to change farming practices.

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PARENTS, ACLU ALLEGE A NEBRASKA MIDDLE SCHOOL INAPPROPRIATELY OUTED A TRANS GIRL LAST FALL

LINCOLN- A federal complaint is asking the U.S. Department of Education to investigate whether Nebraska school officials outed a transgender middle school student last fall without parental consent. The new complaint alleges administrators violated the Family Educational Rights and Privacy Act, or FERPA, which prohibits schools from disclosing “personally identifiable information in education records” without written parental or guardian consent.

The ACLU states the case revolves around a 12-year-old trans girl’s parents who had a private meeting with school administrators at the start of the girl’s time in middle school in August 2023. They learned shortly afterward from the president of a private organization that he had just learned the girl was trans.

“Under FERPA, whether a student is transgender or not is confidential and protected information,” Grant Friedman, ACLU of Nebraska legal fellow, said in a statement. “Sharing that highly sensitive information without permission is a major violation of trust that can easily risk a student’s safety and well-being.” The ACLU declined to identify the middle school in the complaint or provide a copy of it.

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LAWMAKER WANTS TO KEEP OUT-OF-STATE ENTITIES FROM BUYING SINGLE-FAMILY HOMES IN NEBRASKA

LINCOLN- Calling it a means to preserve local homeownership, a state senator has proposed legislation to keep businesses without a tie to the state from buying single-family housing in Nebraska. Under LB1405, introduced by Sen. Justin Wayne, a corporation, hedge fund or other business would not be able to purchase a single-family home in Nebraska unless that entity is domiciled in Nebraska and its principal members are state residents.

Speaking Monday to the Legislature’s Banking, Commerce and Insurance Committee, Wayne referred to an Ohio-based private company as an example. He said Vinebrook Homes has snapped up scores of homes in North Omaha to become one of the state’s largest landlords. He said the companies have the financial capacity to outbid average families, and the homes become “perpetual renterships.”

He said he was inspired by the Omaha situation, but also by Gov. Jim Pillen’s idea to prevent foreign adversaries and sanctioned nationals from buying land in Nebraska. “I was like, Let’s just take it a step further and see if we can save some homes,” Wayne said. Three people spoke in support of the bill during the public hearing. No one testified in opposition, though pushback came from Sen. von Gillern.

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NEBRASKA LAWMAKER PROPOSES GRANT FOR ARTIFICIAL INTELLIGENCE TOOLS TO COMBAT DYSLEXIA

LINCOLN- Several people testified on LB1253 on Monday. The bill aims to create a Dyslexia Research Grant Program for new technologies. State Sen. Lou Ann Linehan of Elkhorn, who introduced the bill, also has dyslexia and has fought for years to support students with dyslexia. The proposed research program would set aside $1 million for Nebraska businesses researching artificial intelligence-based writing assistance for individuals with dyslexia.

Linehan said that some educators have long discredited the lifelong disorder or cast it off as having to do with a student’s IQ or intelligence. She herself has struggled with the disorder, recalling how “horrified” she felt before her 1995 interview to work for then-U.S. Senate candidate Chuck Hagel. It’s estimated that as many as 15%-20% of the world’s population has dyslexia.

In the past year, a group of University of Nebraska-Lincoln college students working in this field approached Linehan to discuss their fledgling business, Dyslexico, which they started about two years ago in the UNL Raikes School. Unlike other programs, the Dyslexico software is powered through AI but finds a middle ground in not rewriting sentences.

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NORTH OMAHANS PACK A ROOM TO DISCUSS 'NEXT STEPS' IN SPENDING MILLIONS OF STATE ECONOMIC DEVELOPMENT FUNDS

OMAHA- Not everyone is completely happy with the way $235 million in state development funds are to be doled out in North and South Omaha, Willie Barney of the African-American Empowerment Network told a group of about 100. But the Empowerment Network plans to use some of its grant funding to help fill gaps and multiply the financial impact in North Omaha, he said. It aims to do that in part by hiring a consultant who will guide groups and entities that were awarded grants as well as others that are seeking a financial boost.

Barney and heads of other key organizations called the community meeting Monday to discuss “next steps” since the State of Nebraska announced recipients of the $235 million in state funds on Jan. 26. Award-winners in the room said they were still awaiting the actual funds. “This is really about trying to move forward. To make this community stronger than it’s ever been", said Barney.

The meeting was just announced on Friday, but on Monday almost every seat in the auditorium was filled. Those who came ran the gamut from businesses that didn’t apply for the North-South grants but are seeking funding for their operation to those that were awarded funding but were in search of advice on compliance and other issues.

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GOVERNOR CHANGES COURSE, SAYS HE HAS A 'NEBRASKA WAY' TO PROVIDE ADDITIONAL FOOD FOR KIDS

LINCOLN- On Monday, Gov. Pillen reversed course and decided to apply for $18 million in federal funding for food over the summer for low-income Nebraska families. The program, according to Pillen's Office, is expected to deliver an additional $40 a month in grocery-buying funds to an estimated 150,000 kids across the state.

Gov. Pillen previously faced backlash after denying the funds in December, which he argued were leftover from a now-over COVID-19 pandemic. Pillen said a recent conversation with Se. Ray Aguilar and a visit to Boys Town last week prompted him to change his mind. "This isn't about winning," said Pillen, "It's about doing what's best for kids in Nebraska."

Pillen announced the change of heart during a Monday morning press conference, where has was joined by a bipartisan group of state senators. "I want to thank the Governor for heeding the call of myself, my colleagues and countless Nebraska who asked the Governor to rethink his decision," said Sen. Jen Day, a Democrat.

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ADVOCATES, PAST DRUG OFFENDERS CALL FOR END TO LIFETIME BAN ON RECEIVING FOOD STAMP BENEFITS

LINCOLN- For some past drug offenders in Nebraska, a punishing Nebraska law prohibits them from obtaining food stamps, or benefits from the Supplemental Nutrition Assistance Program. "SNAP would be such a great stepping stone to help me get the stability I need to keep my kids happy and to move forward in my career," said Kayla Tobey, a working mother of two children and passed drug offender.

On Friday, Tobey joined advocates and other offenders at a press conference to call on the Nebraska Legislature and U.S. Congress to pass bills to lift the ban for people who have since moved past drug use. "We continue to see the harm that results from the unnecessary lifetime SNAP ban," said Eric Savaiano of Nebraska Appleseed.

Some in the Legislature, however, are working to change the law. Sen. Hunt's LB88, introduced last year, would allow persons convicted of a felony involving the possession, distribution, or use of a controlled substance to have the ban lifted from them once they complete their sentence. U.S. Rep. Don Bacon is also a co-sponsor of the federal Restore Act proposal, which would do the same thing on a national level.

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