OMAHA FAMILY URGES NEBRASKA LAWMAKER TO INCREASE DISTRACTED DRIVING PENALTIES

LINCOLN- One Omaha family is turning tragedy to advocacy, urging Nebraska lawmakers to increase penalties for motor vehicle homicide, speeding and distracted driving. LB1340, through an amendment presented by State Sen. Kathleen Kauth of Omaha, would bump motor vehicle homicide from a Class I misdemeanor to a Class IV felony. It would also allow the penalty to be enhanced to a Class IIIA felony for one additional reason: if the “proximate cause” of death is because of a handheld wireless communication device.

A Class I misdemeanor comes with a maximum of one year imprisonment or a $1,000 fine, or both. A Class IV felony calls for up to two years imprisonment and one year post-release supervision or a $10,000 fine, or both. Kauth said by raising potential penalties, she hopes to provide an extra incentive to focus on the task at hand: driving safely and attentively.

“As a society, we have all become more and more distracted, no matter what the cause of our distractions,” Kauth told the Transportation and Telecommunications Committee. “When we get behind the wheel of a car, you have to be able and willing to focus on what we’re doing,” Kauth continued. “We literally take our lives and the lives around us in our hands every time.”

For the full article click HERE

CYBERATTACK AFFECTING 'MAJORITY' OF NEBRASKA HOSPITALS

LINCOLN- A cyberattack last week on a UnitedHealth Group subsidiary is apparently causing problems for numerous hospitals across the state. The Nebraska Hospital Association said in a press release that a majority of the state's hospitals utilize Change Healthcare, one of the largest companies in the country for financial and clinical authorizations.

UnitedHealth Group, which operates Change Healthcare, disclosed the cyberattack last Thursday, saying that a cybercrime group had accessed some of their informational technology systems. Change Healthcare has been providing updates on a special website, and as of Thursday of this week, the issue is still unresolved.

According to the Hospital Association, hospitals that utilize Change Health care may be experiencing issues with prior authorizations for drugs, surgeries, and other medical procedures. Insurance verification, cost estimates, and patient billing are also reportedly experiencing issues. "Our hospitals are doing their best to manage through these challenges as quickly and efficiently as possible," said NHA president Jeremy Nordquist.

For the full article click HERE

PROPOSALS ON AI REGULATION, ELECTION WORKER SAFETY MAY BE STALLED IN NEBRASKA COMMITTEE

LINCOLN- Two election-related proposals seeking to regulate artificial intelligence and increase penalties for crimes against Nebraska election workers appear to be stalled in the Legislature's Government, Military, and Veterans Affairs Committee. The two bills, introduced by Sens. John Cavanaugh and Eliot Bostar, faced a cold reception on Wednesday.

Multiple opponents who spoke on the bills questioned Nebraska's election processes and criticized Secretary of State Bob Evnen while expressing concern the bills could lead to censorship and a "surveillance state." They described one of the proposals as "Marxism" and the second as a tool that could lead to "witch hunts" reminiscent of the "Nazi Gestapo."

"The ease with which falsified media can be disseminated to mislead voters is deeply troubling," said Bostar in defense of his proposal, "with the potential to sow chaos and erode trust in our democratic institutions." However, Heidi Uhing of Civic Nebraska supported both bills, arguing that the threats addressed by the proposals are very credible.

For the full article click HERE

UP TO $1.5M IN QUESTIONABLE BILLINGS SUSPECTED IN DHHS PROGRAM, REPORTS NEBRASKA AUDITOR

LINCOLN- On Wednesday, State Auditor Mike Foley said that his auditing team found tens of thousands of dollars of questionable billings related to the Department of Health and Human Service's Medicaid-funded personal assistance service programs. In a report, Foley and his team described how one service provider bills Nebraska's DHHS for 32 hours of work they supposedly performed in a 24-hour period.

Another provider billed DHHS for client care that occurred over the course of nine days, when Facebook postings showed the patient traveling during that timeframe. Foley described these questionable billings as "flagrant abuses, including suspected fraud committed by certain care providers fleecing the program to receive unearned payments."

Foley said that such deficiencies have been identified in the program for at least a decade, but that the latest examples convinced him that it is in "desperate need of an overhaul." Steve Corsi, chief executive of DHHS, said in a statement that he is now working with Foley to increase safeguards and ensure that "taxpayer dollars are spent responsibly."

For the full article click HERE

OPPONENTS OF DEATH PENALTY DECRY PROPOSAL TO USE NITROGEN GAS FOR EXECUTIONS

LINCOLN- A proposal to use nitrogen gas to carry out executions in Nebraska drew a slew of opponents of capital punishment to the Nebraska Legislature's Judiciary Committee on Wednesday. Opponents of the proposal, from the ACLU of Nebraska to the Nebraska Nurses Association, called using suffocation via nitrogen gas "untested, dangerous and explicitly inhumane."

State Sen. Loren Lippincott, who introduced LB970, argued that, because of the refusal of pharmaceutical companies to provide the drugs used in lethal injection executions, Nebraska must find another method. Obtaining nitrogen gas, said Lippincott, would not be a difficult endeavor. The senator compared it to "putting to sleep" a sickly pet.

However, Sens. Carol Blood and Terrell McKinney argued that the process, used first in Alabama earlier this year, is far from painless. Blood said that witnesses to Alabama's first use of nitrogen gas as an execution tool reported that the condemned inmate "gasped for air" as his body shook and his fists clenched together for 22 minutes before he was pronounced dead.

For the full article click HERE

SEN. LIPPINCOTT PROPOSES ALLOWING RELIGIOUS CLERGY TO SERVE AS SCHOOL COUNSELORS IN NEBRASKA

LINCOLN- Public school districts in Nebraska could hire clergy to perform the same duties as school counselors under a bill presented at the Legislature. The proposal (LB1065) from Sen. Loren Lippincott of Central City would allow school boards to adopt policies that would allow them to hire chaplains — who would not be required to obtain a teaching certificate — in either a volunteer or paid role.

Lippincott told the Education Committee that allowing school districts to hire chaplains would help alleviate some of the teacher and staff shortages experienced around the state, and he said it would benefit both students and teachers. “Chaplains are used in many places already in society like the military, hospitals and correctional facilities, as well as mental health facilities,” Lippincott said.

Lippincott’s bill, which has 12 co-sponsors, is based on a law passed in Texas last year that gives school boards until March 1 to decide whether or not to allow unlicensed chaplains to serve as counselors either as staff members or volunteers. School counselors, education groups, and civil rights organizations panned the idea, however, saying clergy were not trained to perform the wide-ranging duties of a school counselor, and questioning whether allowing districts to hire religious leaders would violate students’ rights.

For the full article click HERE

COMMITTEE BEGINS CRAFTING PROPERTY TAX RELIEF PROPOSAL, NEW APPROACH CONSIDERED

LINCOLN- A state legislative committee began working to craft a proposal to reduce property taxes statewide by another $1 billion, as called for by Gov. Jim Pillen. The Revenue Committee didn’t vote out any bill on the issue, but its chair, State Sen. Lou Ann Linehan, floated the idea of raising the state sales tax by 1-cent and using the $531 million generated to increase state aid to K-12 schools.

The Pillen administration has proposed several ideas to get to a 40% reduction in local property taxes, including the sales tax increase and the elimination of several sales tax exemptions on things like farm repair parts, candy and pop and legal/accounting bills, plus a harder “cap” on spending increases by schools and other local governments.

Once, during the executive session, Linehan told the committee that she didn’t see how they could come up with $1 billion in new revenue to shift the cost off property. That appeared to be a recognition of the opposition that has been mounted against a proposed $2-a-pack increase in cigarette taxes, a new tax on vaping products and new taxes on veterinary services for pets and storage unit rentals.

For the full article click HERE

ERNIE CHAMBERS WILL SEEK RETURN TO NEBRASKA LEGISLATIVE SEAT HE HELD FOR 46 YEARS

LINCOLN- Nebraska's longest-serving state senator has filed for election once more to represent District 11 in North Omaha. Sen. Ernie Chambers will challenge Sen. Terrell McKinney for the seat he held for 46 years, and was term-limited out -- twice. He submitted paperwork with the Nebraska Secretary of State's Office on Tuesday of this week.

Chambers, 86, known for his fiery speeches and flowery rhetoric, as well as mastery over the Legislature's rules, has flirted with the idea of returning to Lincoln since leaving the body in 2020. "If my mind is clear, if my health is good, and I believe that I could do something of value for the community that would send me down here if they want to send me, then I might consider coming back," said Chambers.

First elected to the Legislature in 1971, Chambers served to 2009 when he was forced out due to a law passed by Nebraska voters in 2000 limiting senators to two consecutive terms in the Legislature. After sitting out a term, Chambers returned to the Legislature in 2013 and left in 2021 after serving another two terms. Chambers is the third person to file to run for the District 11 seat, joining McKinney and Calandra Cooper.

For the full article click HERE

GOV. JIM PILLEN APPROVES STATE DISASTER FOR WILDFIRE IN WEST-CENTRAL NEBRASKA

LINCOLN- Gov. Jim Pillen late Monday approved a state disaster that allows funds from the Governor’s Emergency Fund to be used to assist in the response to a wildfire in west-central Nebraska. A fire prompted evacuations from North Platte to north of Gothenburg Monday amid high winds and red-flag warnings.

At the request of county officials, Nebraska’s Incident Management Team, as well as members of the state’s Wildland Incident Response Assistant Team, have been deployed and will assist local responders in the coming days. Two National Guard UH-60 Blackhawk helicopters will be deployed to the fire and begin operations to drop water on the fire. Additional aircraft will be used to map the fire to assist teams as they plan the best strategy to fight the fire.

Local officials in Custer and Lincoln Counties declared emergencies and requested state assistance due to the large wildfire that has closed roads, required multiple evacuations and required the response of multiple volunteer fire departments from around the region. The fire, which originated north of North Platte from an unknown cause, is burning on private lands in Lincoln and Custer Counties.

For the full article click HERE

REMOTE WORK TRIAL BEGINS AS EMPLOYEES RELAY WHAT'S AT STAKE UNDER PILLEN RETURN-TO-OFFICE EDICT

LINCOLN- Monday kicked off a trial before the Lincoln-based Nebraska Commission of Industrial Relations on a topic that for months has gripped the attention of state government employees. Central to the case is Pillen’s November executive order that, save for certain exceptions, directs state workers to return to the office. The governor said that the pandemic is over and that the “common-sense expectation” of the public is that state employees are to be working in a state office.

Instant objections were raised by the labor union that represents about 8,000 state workers, an estimated 1,300 of whom work remotely, said Justin Hubly, executive director of the Nebraska Association of Public Employees. The CIR previously put a temporary halt on the governor’s order until it makes its ruling. A variety of alternate work options are expected to be discussed.

The trial wrapped this week and a ruling is expected in the coming weeks. Governor Jim Pillen did have personnel attend the hearing. When asked if they think the executive order changed terms and conditions of employees covered under the union contract, Pillens personnel said: “I do, speaking for myself.”

For the full article click HERE

PROPOSAL COULD EXPAND MENTAL HEALTH SERVICES TO NEBRASKA JUVENILES, INSTEAD OF DETENTION

LINCOLN- Legislative Bill 1208, as introduced by State Sen. Carolyn Bosn of Lincoln, would allow juveniles to be detained if it is a “matter of immediate and urgent necessity for the protection of such juveniles.” Sen. Bosn offered an amendment to that bill last week could expand mental health services to Nebraska juveniles in need of immediate and urgent protection.

Nebraska should support youths suffering from mental health crises — such as those at risk of suicide — but who do not qualify for a psychiatric residential treatment facility and are not good candidates for being sent home, Bosn explained. She is also working to address concerns of who would pay for the services. “Having an individual who is a juvenile be detained is not my goal,” Bosn said.

State Court Administrator Corey Steel, who oversees the administrative operations of Nebraska’s court system, testified in support of Bosn’s amendment. Steel said LB 1208 as originally proposed was not the right solution in pursuit of Bosn’s goals. The proposed changes would apply when a juvenile is suffering from a severe health crisis and needs support, including emergency protective custody.

For the full article click HERE

LAWMAKERS CREATE SPECIAL COMMITTEE FOR FULL REVIEW OF NEBRASKA LEGISLATURE OVERSIGHT

LINCOLN- Last Friday, Nebraska lawmakers approved the creation of a special committee designed to fully review the Legislature's oversight as it continued to clash with the state's executive branch. Speaker of the Legislature John Arch introduced the proposal, Legislative Resolution 298, which would appoint a Legislative Oversight Review Special Committee.

While originally proposed as a nine-member committee, an amendment adopted on a 37-1 vote bumped membership to 15 members, all of whom will examine legislative oversight through the end of the year. Arch said the proposal was prompted by a recommendation from outside counsel, and that the new special committee will have the opportunity to take a step back, reassess, and find ways to provide for more effective oversight.

The special committee will be charged with issuing a report no later than December 15th, focusing on the structure and organization of the Legislature's oversight functions, examining how other states handle legislative oversight, and determining the range of authority awarded to legislatively created boards and commissions that conduct oversight.

For the full article click HERE

FORMER DEFENSE SECRETARY HAGEL BACKS NEBRASKA PROPOSAL EXPANDING ACCESS TO VETERANS COURT SERVICES

LINCOLN- Last Friday, former Secretary of Defense Chuck Habel joined a Nebraska legislative push to expand the number and types of wayward veterans who can access some of the structure and support provided by problem-solving courts. Hagel and several veterans advocates spoke during a Judiciary Committee hearing on AM2668, which would amend Legislative Bill 253.

Hagel told senators that American justice needs to find better tools to deal with veterans returning from Iraq and Afghanistan, tools that would have helped Vietnam, Korea, and World War II veterans. "We have had so many deployments over the last 20 years, and veterans have had so many redeployments going back," said Hagel, "It's unfair, I think, for all veterans to be treated the same way by the justice system."

The proposal would allow every Nebraska state court to connect veterans with some of the wraparound services offered by separate veterans courts. The proposal would also rely on the federal Veterans Administration for services such as mental health counseling and medical help, rather than services provided by Nebraska's county problem-solving courts.

For the full article click HERE

CIVIC NEBRASKA HOSTS AI AND DEMOCRACY SUMMIT AT UNL AHEAD OF LEGISLATIVE HEARING

LINCOLN- Just days before lawmakers consider the possible impacts of artificial intelligence on Nebraska's upcoming elections, Sen. Tom Brewer joined Civic Nebraska on Saturday to discuss AI and democracy, saying that "AI is scary." Heidi Uhing, director of public policy for Civic Nebraska, pointed to several January robocalls that used Pres. Joe Biden's voice to trick voters ahead of the New Hampshire primary.

"That was sort of the first shot over the bow when it comes to artificial intelligence used in our elections," said Uhing. Sen. Brewer suggested at the event that the Government, Military and Veterans Affairs and Judiciary Committees come together to investigate the use of AI in elections, and possibly provide momentum to propel 2025 legislation "up the food chain."

Brewer said there's a chance, but a "remote" one, that AI-related legislation could become law in 2024, since none of the bills related to this topic have been prioritized. Gina Ligon, director of the University of Nebraska at Omaha's National Counterterrorism Innovation, Technology and Education Center, said Saturday that Nebraska's current election laws don't adequately address the potential threat of AI.

For the full article click HERE

MALCOLM X MUSEUM TO RISE IN NORTH OMAHA WITH BOOST FROM $20 MILLION STATE GRANT

OMAHA- A nearly 18-acre site in North Omaha, now mostly land, gardens, and a small former church, is poised for a multi-million dollar makeover featuring a museum honoring the legacy of Omaha-born Malcolm X. A $20 million state grant was announced this month, and will go to the owners of the land, the Malcolm X Memorial Foundation.

The funding will be utilized by the Foundation to build a cultural education center and museum dedicated to the slain human rights leader. The funds follow legislation approved last year to build the tourism hub in honor of Malcolm X, the first African American inducted into the Nebraska Hall of Fame.

"This Hall of Fame induction and future development plans are an opportunity for people from all walks of life to learn and connect with Malcolm X," said JoAnna LeFlore-Ejike, executive director of the Foundation. Over time, LeFlore-Ejike said her team hopes to establish a multi-building memorial campus, similar to the one that honors Rev. Martin Luther King Jr. in Atlanta.

For the full article click HERE

NEBRASKA CORRECTIONS OFFICIALS FACE ANOTHER LAWSUIT OVER SLAYING OF INMATE IN A DOUBLE-BUNKED CELL

LINCOLN- Earlier this month, the estate of deceased Nebraska inmate Kevin Carter filed an updated federal lawsuit alleging that then-State Corrections Director Scott Frakes and 10 other prison officials were negligent and reckless in their housing of Carter, who was placed in the same cell with a reportedly paranoid and delusional convicted murderer.

On November 6th, 2020, a week after Carter was housed in a cell with Nebraska State Penitentiary inmate Angelo Bol, Carter was found unresponsive under a bed sheet and later pronounced dead. The lawsuit, amended earlier this month, claims that prison medical officials were "aware of the dangers posed by Bol, especially when he was unmedicated."

Bol, the lawsuit alleges, told prison officials that he didn't want to be housed in the same cell as Carter because he believed he was "connected to a Sudanese tribe that had hired Carter to kill him." Prison officials, the lawsuit claims, were "indifferent" to the risks posed by Bol. Nebraska's prison overcrowding issue, which includes the State Penitentiary that held an average of 205 inmates per day above its design capacity last year, was cited as a problem in the Carter lawsuit.

For the full article click HERE

ADVOCATES FOR THE 'UNSHELTERED HOMELESS' PAN NEBRASKA BILL TO DESIGNATE AREAS FOR ENCAMPMENTS

LINCOLN- A two-pronged approach to address homeless encampments in Nebraska cities was panned this week as a way to “criminalize” people who have no other shelter. Legislative Bill 1357, a proposal from State Sen. Mike McDonnell of Omaha, aims to address the growing number of “unsheltered homeless” — people who opt to live in streetside tents instead of homeless shelters.

McDonnell said homeless encampments — like one that sprang up recently near Holy Family Catholic Church just north of downtown Omaha — are unsanitary, unsafe and damaging to nearby businesses. Under LB1357, signs would be posted where camping along streets is prohibited, and designated campsites would be created that have facilities and outreach personnel for substance abuse and mental health issues.

If people didn’t move, McDonnell’s bill would allow them to be charged with a Class 3 misdemeanor, which is punishable by up to three months in jail and a $500 fine. The Judiciary Committee took no action on the bill after the public hearing. The bill doesn’t have a priority designation, making it uncertain if it would be debated even if it was advanced by the committee.

For more on this article click HERE

BALLOT MEASURE ON TAX BREAK FOR PRIVATE SCHOOL SCHOLARSHIP DONATIONS SURVIVES CHALLENGE

LINCOLN- Voters might have a say this fall, after all, on the future of Nebraska’s first major school choice law in years. Secretary of State Bob Evnen, with legal advice from Nebraska Attorney General Mike Hilgers, decided the measure will stay on the ballot. Evnen declined to boot the measure in response to a complaint letter from Sen. Lou Ann Linehan, who authored the Opportunity Scholarship Act.

Linehan argued that the ballot measure to repeal Legislative Bill 753 overstepped by targeting a tax credit for donors funding scholarships for needy students at private K-12 schools. Evnen, in his response letter to Linehan, wrote that case law and previous attorney generals’ opinions leave him little room to reject the referendum. The opinions he cited were issued in 1969 and 1996.

Primarily, he argues that the state constitution reserves a wide berth for the people to repeal acts of the Legislature as long as they don’t tread too far toward eliminating sources of revenue. Karen Kilgarin of Support Our Schools Nebraska said her group was pleased with Evnen’s decision. She said she hopes the Legislature will respect the will of the voters and not try to circumvent a vote before it happens.

For the full article click HERE

STATE CHIEF MEDICAL OFFICER A NO-SHOW AT NEBRASKA GENDER CARE BRIEFING

LINCOLN- The state’s chief medical officer, through his agency’s legal counsel, declined to attend a legislative briefing as requested by the Health and Human Services Committee. The HHS Committee requested last week that Dr. Timothy Tesmer give an in-person update on the ongoing rules and regulations process regarding gender care for minors. Those provisions became law Oct. 1 through LB574.

Sen. Machaela Cavanaugh, who led opposition to LB 574, said Tesmer’s absence was disappointing, particularly when he committed to keep the committee informed. “He has not kept that commitment,” said Cavanaugh. Sen. Ben Hansen read a letter sent just before the briefing from Bo Botelho, chief legal officer for the Nebraska DHHS. Hanse wrote the amendment to LB 574.

Botelho’s letter told the committee that because the final regulations are currently under review by the Nebraska Attorney General’s Office, and will soon go to the Governor’s Office for final say, DHHS “must respectfully decline” to participate in the briefing. The current set of temporary gender care regulations expire in one month, the future of gender care regulations hinging upon the current drafts in the Attorney General’s Office.

For the full article click HERE

ECONOMIC FORECASTING BOARD RAISES SHORT-TERM REVENUE PROJECTIONS

LINCOLN- In its final meeting before legislative debate begins on proposed adjustments to the state budget, the Nebraska Economic Forecasting Advisory Board voted Feb. 29 to raise revenue projections for the current fiscal year. The board provides an advisory forecast of general fund receipts used by the Legislature to craft the state’s budget.

Revenue projections for the current fiscal year were raised primarily based on an anticipated increase of $750 million in corporate income tax receipts, offset by a projected decrease of $200 million in individual income tax receipts. Total projected revenue receipts for FY2023-24 were set at $7.02 billion, an overall increase of $575 million.

The board also set the forecast for projected total revenue receipts for FY2024-25 at $5.84 billion, a decrease of $525 million. That change was based mainly on a projected $715 million decrease in individual income tax receipts, partially offset by a projected $160 million increase in corporate income tax receipts. The next board meeting is scheduled for Oct. 31.

For the full article click HERE