RIEPE PROPOSALTO SHORTEN DURATION OF UNEMPLOYMENT BENEFITS RUNS INTO FILIBUSTER

LINCOLN- A proposal to shorten the maximum duration of unemployment benefits in Nebraska from 26 weeks to 16 weeks met tough opposition on Tuesday in the Nebraska Legislature. Several lawmakers argued that the state was aiming to cut benefits for the state's poorest while enacting policy that benefited corporations and the wealthy.

"We fight over nickels and dimes and pennies in this place when it comes to poverty," said Sen. Machaela Cavanaugh, who led the filibuster against Sen. Riepe's LB1170, "and we give money away like it's a free-for-all when it comes to the most wealthy." Riepe, however, portrayed the reduction as a way to get more people back into the workforce.

"While it's important to support Nebraskans in finding work that aligns with their experience and provides fair compensation, it's also crucial to recognize that, at a certain point, individuals may need to accept available work opportunities," said Riepe. According to the fiscal note for LB1170, such a change would reduce the total unemployment benefits provided by the state by roughly $23 million.

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QUESTIONS ABOUT LB574 REACH NEBRASKA SUPREME COURT

LINCOLN- Attorneys challenging and defending Nebraska's new law combining tighter restrictions on abortion and gender-affirming care made their case Tuesday before the Nebraska Supreme Court. The state's highest court heard arguments in Planned Parenthood's appeal of a Lancaster County District Court decision that it was legal for the Legislature to fold these two topics into one legislative bill.

At issue in the case is whether the Legislature acted beyond constitutional limits that require each bill to contain only a single subject, a provision intended to prevent deal-making to pass combined bills that have failed on their own. According to Planned Parenthood's attorney, the Nebraska Supreme Court could decide if LB574 does indeed contain two distinct subjects.

The state's attorney in the case argued that the court should grant the Legislature a wide berth to police itself on the single-subject rule, describing the issue as political rather than judicial. Furthermore, he argued that the decision would be beyond the court's authority. Nebraska Solicitor General Eric Hamilton told the court that it should follow the lead of the district court and defer to the Legislature to handle this issue.

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SEN. DORN SEEKS EXTRA FEDERAL FUNDS TO PREVENT CLOSING OF SKILLED NURSING CENTERS IN NEBRASKA

LINCOLN- Under an amendment drafted by Sen. Myron Dorn, Nebraska would be able to apply for higher reimbursements for patient care via the federal Hospital Quality Assurance and Access Assessment Act, an endeavor that could, according to Dorn, net the state nearly $24 million in additional funding for skilled nursing facilities.

The potential extra funding comes amid skilled nursing and assisted living facility worker shortages, especially in rural parts of the state. Higher costs and lagging income have also prompted 12 nursing homes and 17 assisted living facilities to close over the past three years. These closings have left 15 of the state's 93 counties without health care facilities of some kind.

"This will help keep some of our nursing homes open in rural Nebraska," Dorn said of the amendment. Sen. Rob Clements, who chairs the Legislature's Appropriations Committee, said the amendment fits right in with a recent call from Gov. Pillen to seek additional federal funds, where available, to fund services in the state.

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LOWE BILL ADVANCES TO ENHANCE OVERSIGHT OF NEBRASKA RACING AND GAMING COMMISSION

LINCOLN- A measure billed as strengthening oversight of the Nebraska Racing and Gaming Commission won quick, first-round advancement Monday. State Sen. John Lowe, who introduced LB839, said the seven-member commission has seen turmoil lately. That includes the resignation of its executive director, questions about the thoroughness of a gaming market study and controversy over the purchase of 10 assault-style rifles for its investigators.

Under the bill, the governor, who appoints members of the commission, would have the power to remove commissioners “for cause.” New executive directors hired by the commission would be subject to approval by the governor. One senator, Danielle Conrad, said that while the commission had seen some “growing pains,” she wasn’t a fan of ceding oversight from the Legislature to the executive branch.

The bill advanced from first-round debate Monday on a 39-0 vote after a brief floor debate. The measure comes as the commission is ramping up to regulate gambling casinos in the state, which were legalized by voters in 2020. The first temporary casino was opened in September 2022 in Lincoln.

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PILLEN PLAN TO SHIFT TAXES ONTO SALES TAX AND OFF PROPERTY TAX GETS SOME SUPPORT

LINCOLN- Judging from a handful of people who attended a town hall meeting, Gov. Jim Pillen might have some popular support for raising sales taxes to lower property taxes. Pillen held a trio of town halls Monday in northeast Nebraska, culminating with more than a hour-long discussion inside a cavernous metal-working business near Fremont, All-Metals Market Inc.

The sessions were part of a series of recent town halls scheduled by the governor over the past few weeks to discuss his legislative priorities, which are topped by an ambitious plan to deliver an additional $1 billion in property tax relief this legislative session. His proposal, which is still taking shape, has been criticized by both ends of the political spectrum because its key mechanism is raising the state’s sale tax by 1 cent, from 5.5 cents to 6.5 cents.

He told those attending the town hall meeting that a 1-cent increase in sales taxes would allow a $500 million shift, which means another half-billion dollars in new revenue is needed. A number of town hall attendees agreed with the plan or portions of the plan. “This is a living, breathing piece of legislation, but we have to solve it this year,” he said.

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PILLEN VETOES NEBRASKA SAFE SYRINGES PROGRAM LEGISLATION, AS EXPECTED; SEN. HUNT FILES MOTION TO OVERRIDE

LINCOLN- As expected, Nebraska Gov. Jim Pillen has vetoed a legislative proposal seeking to allow local municipalities and counties to adopt safe syringes programs. Pillen submitted a letter explaining his decision to veto Legislative Bill 307, which passed 30-7 last Thursday. Pillen pointed to the cost and a number of concerns he had with the bill as he delivered the veto.

According to the governor, syringe services programs, or SSPs: Have led to increased drug deaths where they have been implemented. Are not effective at decreasing drug usage or disease transmission compared to other means. Have the potential to expose citizens to unintended, “yet equally concerning” health and safety risks due to improperly disposed needles.

“Simply put, adoption of LB 307 has the potential to expose our communities to the same issues that others have experienced,” Pillen wrote. “We should support less deadly ways of combating drug usage and the spreading of diseases.” Hunt, who expected a veto, said in a Monday tweet that lawmakers will override it. An override requires at least 30 votes.

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ROD YATE'S MEGA DEVELOPMENT CREATING BUZZ, ISSUES FOR NEBRASKA LAWMAKERS

LINCOLN- While the Nebraska Legislature still molds the specific rules and incentives for Good Life development districts, Rod Yates, a Nebraska-based developer, is already eyeing a location south of Gretna. Some lawmakers even argue that the proposed incentives for these districts are too generous.

"We can't cut our feet out from underneath us by giving all this money away, by cutting our sales tax in these Good Life Districts," said Sen. Justin Wayne. Should the Gretna-area project be approved, the Nebraska Legislature's fiscal office estimated last year that the state would turn back $4.8 million in sales tax to developers. diverting half of the state's sales tax revenue to Good Life district development costs.

If Yates succeeds in his plan to develop the area south of Gretna, he estimates it would eventually generate $2.2 billion in retail sales per year. At that level, the state would be steering as much as $60 million a year to subsidize the development. However, those estimated amounts depend on whether Yates succeeds with his project, which has already been approved by the Nebraska Department of Revenue under the Good Life Transformational Projects Act passed last year.

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'KNOCK THE ROUGH EDGES OFF': SEN. DAY SEEKS STUDY OF NATIVE AMERICAN VOTING RIGHTS

LINCOLN- The Nebraska Commission on Indian Affairs could consult with an expert for a dedicated review of Native American voting rights if LB1262, introduced by Sen. Jen Day, advances this week. Under the proposal, the Commission would contract with a consultant with expertise in tribal matters to study and determine any barriers to voting and equal representation for Native American tribes in Nebraska.

"Because Native voters are profoundly diverse, we thought it best that we explore this within our own state," Day told the Government, Military, and Veterans Affairs Committee on Wednesday. An initial report, should the bill pass, would be due December 1st, 2025. Judi gaiashkibos, executive director of the Nebraska Commission on Indian Affairs, said Day's bill would be beneficial for the state's first peoples.

Earlier this year, two Nebraska tribes successfully negotiated a new, court-approved redistricting plan before the Thurston County Board of Supervisors, arguing that past redistricting maps intentionally diluted Native voices. The new plan now conforms with the federal Voting Rights Act, providing Native voters a fair opportunity in four of the seven board districts to elect their preferred candidates.

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SEN. RAYBOULD PROPOSAL TO RECOGNIZE TRIBAL MENTAL HEALTH, PROTECTIVE ORDERS NARROWLY ADVANCES

LINCOLN- LB1288, a bill introduced by Sen. Jane Raybould that would require law enforcement and hospitals to recognize and honor tribal courts' emergency protective custody agreements, narrowly advanced last Thursday after several hours of debate. LB1288 now faces two more possible rounds of debate.

Sen. Raybould said she was grateful to her colleagues for their support, and even thanked Nebraska Supreme Court Chief Justice Mike Heavican for his assistance in locating a solution to this issue. "Passing this legislation will allow an individual at risk of harming themselves or others to receive the timely care they need," said Raybould, "It is a bill that will save lives."

Sen. Joni Albrecht, whose district includes the Winnebago and Omaha Tribes of Nebraska, opposed the bill, arguing that Thurston County has fewer sheriff's deputies compared to other parts of the state, potentially complicating transportation needs. "I think it would be easier to bring the doctors in than to have to transport out," said Albrecht, "I'm in support of an answer, but I don't think this is the answer for us."

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WATCHDOG CHALLENGES $535,500 AWARD FOR BROADBAND DEVELOPMENT AS 'OVERLAPPING' LOCAL EFFORT

LINCOLN- The Nebraska Public Serice Commission is being asked to reconsider its granting of $535,500 to provide high-speed internet service to Beatrice after Nextlink Internet, which was previously hired by Gage County to expand high-speed internet in the area, argued that the grant was duplicating its work and is an inefficient use of taxpayer funds.

Emily Haxby, a member of the Gage County Board, altered the PSC to the duplication, saying also that such an "overlap" of funding is a waste of government grants that are intended to provide broadband to areas that lack high-speed service. "These are taxpayer dollars," said Haxby, "That money should be devoted to people who don't have internet."

In response, the PSC's telecommunication department director, Cullen Robbins, said the situation is complicated. Robbins said that there is a formal process to challenge grant awards, but that Nextlink failed to file. "We try to make sure that we're not overlapping funding to build out similar networks to the same location," said Robbins, "That being said, we rely on the participating companies to be diligent and follow the process in place."

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SENATORS ADOPT COMPROMISE ON BILL CONCERNING TENANT AND LANDLORD RIGHTS, bill fails to advance

LINCOLN- Tenants who faced eviction but were never ordered to abandon a rental property would be able to keep that information private from future landlords under a compromise adopted Wednesday by the Nebraska Legislature. However, despite the compromise made on Sen. Dungan's LB175, the Residential Tenant Clean Slate Act, a filibuster led by Sen. Julie Slama continues.

"This is an attack on private property rights, even in this slimmed down version," said Slama. Dungan, an attorney, argued that the Clean Slate Act would mirror how criminal cases are handled, and how dropped or vacated cases don't appear on someone's publicly accessible records.

Slama also argued that the bill was an act of "big government," stating that the proposal, if passed, would tie "the hands of landlords." However, Dungan disputed that claim, arguing that the bill protected both landlords and tenants and that a landlord would still be allowed to indicate to other landlords that a tenant was a bad renter.

Despite the compromises made on LB175, which significantly narrowed the scope of the bill, Sen. Dungan's bill was ultimately defeated by the filibuster on Thursday after a failed cloture vote. The vote, 30-6, fell just short of the 33 votes necessary to invoke cloture and stop the filibuster. This is a contrast to the 32-11 vote that was utilized to adopt the earlier compromises.

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BILL TO ALLOW VOTE TO REPEAL NEBRASKA'S DEATH PENALTY FAILS AGAIN TO ADVANCE TO FLOOR DEBATE

LINCOLN- A proposal seeking to repeal Nebraska's death penalty failed to advance on Wednesday to the floor of the Nebraska Legislature, with one non-supporter citing voters' overwhelming restoration of capital punishment in 2016. Sen. Terrell McKinney, who introduced LR17CA to give voters the opportunity to repeal the death penalty, voted for advancement alongside Sens. Wayne and DeBoer.

Sen. Carol Blood, a Democratic candidate for Congress, voted present not voting, stating that, while she's opposed to the death penalty, she's aware of the fact that a handful of her constituents support it. "I represent District 3, not the district of Carol Blood," she said. Endeavors to repeal the death penalty have faced heavy opposition since 2016.

Five votes in the Judiciary Committee would have been needed to advance the proposal to debate by the full Legislature, a committee that voted in 2015 to repeal the death penalty. Nebraska currently has 11 men on its death row but hasn't carried out an execution since 2018.

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NEBRASKA DHHS CEO'S APPOINTMENT ADVANCES FROM COMMITTEE

LINCOLN- The governor's pick to lead the Nebraska Department of Health and Human Services, Steve Corsi, has advanced to the floor of the Legislature. Corsi's February appointment hearing before the Legislature's Health and Human Services Committee devolved at times from agency goals to discussions of social media activity, religion, and sin.

These off-topic discussion items were brought off by Sen. Machaela Cavanaugh, who questioned Corsi over past comments he had made on social media. Cavanaugh had also shared several legal allegations against Corsi during the hearing, prompting Sen. Brian Hardin to ask the committee's legal staff to "turn over some rocks and some leaves and take a look at what was underneath."

Many of the legal allegations, which weren't confirmed during the hearing, surrounded child support and Medicaid payments. However, as Sen. Hardin pointed out, "There were no convictions in the course of any of what he was accused of." On Thursday, the committee voted 4-2 to advance Corsi's appointment. A majority of the full Legislature must now vote to confirm him.

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ONLINE AGE VERIFICATION, DRAG SHOW BILLS STALL IN NEBRASKA COMMITTEE

LINCOLN- Two legislative proposals that Sen. Dave Murman argued would prevent minors from accessing harmful content appeared to run into a major roadblock this week after the Legislature's Judiciary Committee stalled the bills on a 2-2 vote. LB1092, a bill that would require commercial entities to restrict "material harmful to minors," was designated as Sen. Murman's 2024 priority bill.

Under the bill, certain websites would also need to use reasonable age verification methods to determine if a user is at least 18 years old. "I think it's a bad influence on children to see things that their innocent lives should not see for as long as possible," said Murman of the bill. The second proposal, LB371, would restrict minors from attending drag performances in the state.

Introduced last year, LB371 would apply a Class I Misdemeanor to anyone who brings a child to a drag event, an offense with a maximum penalty of $1,000 or one year in jail. Sen. Carolyn Bosn, who voted to oppose the advancement of LB371, said that, while she wouldn't bring her kids to a drag show, such a decision should be up to parents.

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MCDONNELL BILL PASSED TO BETTER COORDINATE WHETHER NEBRASKA IS 'THE GOOD LIFE' OR 'NOT FOR EVERYONE'

LINCOLN- LB624, a bill introduced by Sen. Mike McDonnell that would help to determine Nebraska's definitive tourism slogan, won final approval on Thursday by the Nebraska Legislature. The bill was inspired, in part, by grumblings over an edgy, and now former, state tourism slogan-- "Nebraska: Honestly, it's not for everyone."

During debate, McDonnell pointed out that while the Nebraska Tourism Commission was pitching "it's not for everyone," the Nebraska Department of Economic Development was using "The Goof Life is Calling." The bill was ultimately advanced on a 41-1 vote. Under the bill, the Tourism Commission's governing board will be expanded from 11 to 13.

The director of the Department of Economic Development, along with a representative from the Nebraska Chamber of Commerce, will now sit on the commission's board as well. McDonnell hopes that bringing these stakeholders together will produce a more uniform and compelling tourism slogan for the state.

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CONTINUOUS GLUCOSE MONITORS ADDED TO NEBRASKA PRENATAL CARE PACKAGE

LINCOLN- LB857, introduced by Sen. George Dungan to create the Nebraska Prenatal Plus Program, was amended on Thursday by Sen. Carolyn Bosn to include Medicaid coverage for continuous glucose monitors. These monitors are utilized by individuals who have gestational diabetes.

"In line with the things that I was trying to do this session, good policy that benefits all Nebraskans and improves the quality of life, supports families, this fit all those boxes," said Bosn. Gestational diabetes is typically diagnosed at about 20 weeks of pregnancy, and usually ends after the baby is delivered.

Continuous glucose monitors, said Bosn, have demonstrated a reduction in neonatal intensive care and pre-delivery hospital stays. Bosn argued that this amendment would likely result in savings that would "significantly outweigh" the fiscal impact of the bill, while also improving the health and quality of life of moms and babies.

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BILL TO PUT HISTORY NEBRASKA UNDER CONTROL OF THE GOVERNMENT GETS A FIRST-ROUND OK

LINCOLN- Sen. Erdman's LB1169, which would end 146 years of History Nebraska independence, advanced through its first round of debate on a 27-1 vote. The bill would turn the independent agency into a code agency, giving the governor full control. Erdman argued that the change was necessary to restore trust and confidence in the state historical society after Trevor Jones, the agency's former director, was charged with diverting donations into a private foundation.

Erdman, along with Sen. Tom Brewer, cited support for the bill from Roger Lempke, the former adjutant general of the Nebraska National Guard and current president of the Nebraska State Historical Society Foundation. Lempke had testified on LB1169, saying that the agency had become "very closed and uncommunicative" while Jones served as director.

Sen. Danielle Conrad was the sole 'no' vote on the bill. She questioned whether converting History Nebraska to a code agency run by the governor would really solve some of these problems. "Some of our most troubled agencies in state government are code agencies," said Conrad during debate over LB1169.

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LEGISLATURE ADVANCED CAVANAUGH BILL TO REIMBURSE LANGUAGE TRANSLATION SERVICES UNDER MEDICAID

LINCOLN- Lawmakers gave first-round approval to a measure requiring the Nebraska Department of Health and Human Services to reimburse language translation and interpretation services for Medicaid patients who need them. The bill, LB62 introduced by Sen. Machaela Cavanaugh, was described as a "needed step to ensure everyone has the health care they need even if English is not their first language."

Cavanaugh said Thursday that her bill would provide support to providers persisting through workforce shortages, and that it directs the state government to maximize federal funding to carry out its provisions. An amendment adopted on the floor of the Legislature also indicated that the source of the reimbursements would be the Medicaid Managed Care Excess Profit Fund.

"This bill will require courage and ensure stability and consistency across managed care organization practices," Cavanaugh said, "which is really important for patients and providers." Speaker of the Legislature John Arch, a longtime health care administrator, said the requirement to provide services without a mechanism to find them was a "behind-the-scenes issue that has plagued the health care industry."

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SKILLED GAMING TAX VOTED TO NEXT ROUND

LINCOLN- Sen.John Lowe's LB685, a bill seeking to require owners and operators of skilled games to pay occupation taxes and check the IDs of anyone seeking to play on their devices, was advanced through its first round of debate on Thursday. Sen. Lowe said the changes contained within LB685 were necessary, as business owners had previously expressed concern over how the old definitions for operator and distributor had previously not matched up with the actual duties of these occupations.

According to Charlie Bosselman, CEO of Bosselman Enterprises, the new occupational taxes will go "to property tax relief. It goes back to the cities, it goes back to the counties." LB685 will also require businesses to pay a five percent tax on skilled game earnings to the state. Bosselman also spoke on LB1310 during a public hearing, a similar bill that seeks to raise that tax to 20%, rather than 5%.

"You're killing the golden goose by putting a bill in place that taxes the business to death," he said, "That basically eliminates the business, so it doesn't really seem to make a whole lot of sense to put a bill like that in place." While LB685 has advanced, a bill that Bosselman described as reasonable, LB1310 still sits in committee.

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BIENNIAL BUDGET ADJUSTMENTS RELEASED, DEBATE TO BEGIN NEXT WEEK

On Thursday, Senator Clements, Chair of the Appropriations Committee, announced that the biennial budget adjustments developed by the committee following public hearings was advanced to General File.

Senators will have the long weekend (the legislature is in recess on Friday and Monday) to digest the budget changes before returning on Tuesday morning. Prior to the legislature's convening on Tuesday at 10:00AM, Senator Clements will hold a briefing for members of the body on the changes. Debate on the budget adjustments will begin on Tuesday and likely last most of the week. The mainline budget adjustments can be found in the appropriations committee amendment to LB1412, with cash transfers being contained within an amendment to LB1413.

To view the full budget summary, as released by the Appropriations Committee, please click HERE.