NEW BALLOT INITIATIVE SEEKS TO BAN NEBRASKA ABORTIONS AFTER FIRST TRIMESTER OF PREGNANCY

LINCOLN- A group of Nebraskans is seeking to present a different abortion-related constitutional amendment to voters in November: banning abortions after the first trimester. The petition effort received the backing of Susan B. Anthony Pro-Life America, which said voters will have a “clear choice” come November on two abortion measures.

“Establish a constitutional protection for babies from second- and third-trimester abortions OR allow painful late-term abortion to end the lives of babies who smile, suck their thumbs and feel pain,” western regional director Adam Schwend said in a Tuesday statement. The “Protect Women and Children Constitutional Amendment” would ban abortions past the first trimester, or at about 13 weeks.

An earlier petition drive, the Protect Our Rights campaign, has the backing of the ACLU of Nebraska, I Be Black Girl, Planned Parenthood, Women’s Fund of Omaha and others. That effort is seeking a constitutional amendment that would allow abortions up to fetal viability, or about 23 weeks into a pregnancy. The newly filed ballot initiative would allow exceptions for medical emergencies and pregnancies resulting from sexual assault or incest, which is the same as the current law.

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LAWMAKER CALLED TO RESIGN FOR INVOKING COLLEAGUE'S NAME WHILE READING A RAPE SCENE DURING DEBATE, CENSURE RESOLUTION FILED

LINCOLN- A Nebraska legislative debate about keeping obscenity out of K-12 schools ended abruptly after a lawmaker, while reading a book passage about an explicit rape scene, invoked a colleague’s name into the reading. State Sen. Steve Halloran, during debate on LB441, warned state senators and those watching the livestream of legislative proceedings that he would be quoting from the hearing testimony on the bill. LB441, State Sen. Joni Albrecht’s priority bill, seeks to crack down on obscenity and pornography in K-12 schools.

One person testifying at the March 24, 2023, hearing on LB 441 read passages from a book entitled “Lucky,” by Alice Sebold, which includes a graphic description of a rape Sebold survived in college. While reading the testimony, Halloran inserted the name “Sen. Cavanaugh” at the end of select sentences about the sexual assault. He didn’t specify which Cavanaugh he was referring to.

Multiple senators called for Halloran's resignation. It was discussed on the floor of the legislature the following day and no immediate action was taken. “That was so out of line and unnecessary and disgusting to say my name over and over again like that,” Machaela Cavanaugh said.

On Wednesday, just days after the incident, Sen. Machaela Cavanaugh filed a legislative resolution calling for the censure of Sen. Halloran, arguing that a legislative investigation launched the day prior would not adequately address the issue. The censure motion, housed in a legislative resolution, would allow for a public hearing to be held on the matter, during which the public would be able to air their concerns or complaints.

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DRUG PENALTY ENHANCEMENT DEBATE DELAYED AS COMMITTEE CHAIR SEEKS 'COMPREHENSIVE' CHANGES

LINCOLN- Lawmakers delayed debate Monday on a proposal to enhance Nebraska drug penalties that result in death or serious bodily injury, previewing a push to attack drugs “from all sides.” State Sen. Justin Wayne, who is among those filibustering Lincoln State Sen. Carolyn Bosn’s LB137, said he wants a “comprehensive conversation” over how Bosn’s bill would achieve its goal of reducing harm.

Using Bosn’s own words from nearly three weeks ago, Wayne said a series of amendments could achieve a more holistic bill. Wayne said such amendments could include reviving Omaha State Sen. Megan Hunt’s safe syringes programs in LB 307, which fell short of a veto override motion last week, and various cannabis-related bills for decriminalization or medicinal legalization.

Hunt said she has at least 25 votes to revive her safe syringes program and attach it to LB 137. Bosn said she’s not in favor of adding Hunt’s amendment, as filed, though she would be willing to negotiate a compromise “if the parties are willing.” Hunt said that while Bosn is welcome to bring ideas, LB 307 has enough support as written.

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STATE LAWMAKERS DO AN ABOUT-FACE ON ALLOWING DACA RECIPIENTS TO SERVE IN LAW ENFORCEMENT

LINCOLN- Two weeks after approving an amendment to allow DACA recipients to serve in law enforcement in Nebraska, state lawmakers did an about-face on Monday. On a 25-11 vote, state senators removed the amendment from Legislative Bill 894 — an amendment that had been approved on March 4 on a 36-8 vote. Sen. Teresa Ibach of Sumner, who introduced LB 894 said new information had come forward recently, raising questions about whether a DACA recipient could serve as a law enforcement officer.

One issue, Ibach said, is whether a DACA recipient could carry a firearm. Another, she said, was what would happen to what they paid toward retirement if, in the future, DACA was rescinded. U.S. Rep. Mike Flood, R-Neb., a former state senator, had also raised questions about the amendment. He expressed concern in a press release about whether a DACA recipient — who is lawfully present in the U.S. but not a citizen — would be considered a credible witness in court.

North Platte Sen. Mike Jacobson said his constituents, including a former border agent, sent several emails opposing the DACA idea. Supporters of the original amendment, including Omaha Sen. Machaela Cavanaugh, questioned why an amendment that passed with the support of 36 of 49 senators needed to be rescinded. She pointed to three other states that currently allow DACA recipients to serve.

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LEGISLATIVE COMMITTEE MOVES CLOSER TO DRAFTING FINAL PROPERTY TAX RELIEF BILL

LINCOLN- A state legislative committee moved closer to finalizing a much-anticipated property tax relief bill, with a key senator saying it might not reach the goal of $1 billion in relief sought by Gov. Jim Pillen. The Legislature’s Revenue Committee also got a bit of homework this week: a list outlining possible sales tax exemptions to eliminate, and what size increase to prefer in state sales taxes.

“Go through them. Tell me ‘yes,’ ‘no’ or ‘maybe,’ ” said State Sen. Lou Ann Linehan, who chairs the powerful committee that crafts state tax policy. Later, she gave this assessment of where things stand on the top priority of the 2024 session: “I think we’re making some progress.” The homework came after a closed-door meeting with the Committee members and Gov. Pillen.

Manu of Pillen's ideas has faced a rough reception in the Legislature. Business and retail groups howled that eliminating tax exemptions on soda pop and candy, legal and accounting services, and farm repair parts would hurt Nebraska outlets and force transactions across the border. A multitude of organizations have argued that the move would be a tax shift rather than tax relief.

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DORN BILL WOULD THROW $23 MILLION FEDERAL LIFELINE TO NEBRASKA NURSING HOMES

LINCOLN- Struggling Nebraska nursing homes could get a $23 million federal lifeline under Sen. Myron Dorn's LB130, which was advanced by lawmakers last Friday. The measure would expand an existing funding mechanism used to boost federal Medicaid dollars to the state. The additional funding would then be used to increase rates paid to nursing homes for the care of Medicaid residents.

Sen. Dorn argued that the measure would have a "very, very positive" impact on nursing homes in the state, and that such an increase would slow down nursing home closures. Over the last three years, twelve nursing homes, struggling with rising costs, staffing shortages, and unfunded federal mandates, have closed in the state.

Industry leaders say state Medicaid payment rates have not kept up with these rising costs, pointing out that many of these closures have occurred in Nebraska's rural communities. An amendment to LB130 would boost nursing home provider taxes to $9 per day per resident, which would yield a net increase of roughly $23 million for Medicaid nursing home rates, said Dorn.

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NEBRASKANS ASKED TO CHECK BROADBAND MAP FOR ACCURACY OF DATA ON HIGH-SPEED INTERNET ACCESS

LINCOLN- Nebraskans are being asked by the Nebraska Broadband Office to examine an official map of broadband availability in the state to double-check whether it accurately describes their access to high-speed internet. The accuracy, or inaccuracy, of the map will help the Nebraska Broadband Office determine how the state spends federal BEAD funds to expand high-speed service across the state.

The Broadband Office, in a press release, said that the best way to ensure that a location is eligible for funding is to check the map and the status of the service to a specific home, ranch, or farm. If the information is incorrect, Nebraskans are encouraged to contact a local government office, a nonprofit, or an internet service provider.

These entities are considered "advocates" by the Nebraska Broadband Office, and have the authority to submit challenges to the accuracy of the map. BEAD funds, part of the Infrastructure law promoted by the Biden Administration, are to be used to deploy broadband in areas that are currently unserved or underserved by 2030. The deadline to challenge the map is April 14th.

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SEN. HUGHES SEEKS NEBRASKA REGISTRY OF AUTHORIZED VAPE PRODUCTS, CRACKDOWN ON SALES

LINCOLN- Nebraska is poised to create its own registry of authorized vape products instead of relying on a federal list maintained by the U.S. Food and Drug Administration if Sen. Jana Hughe's LB1296 advances in the Legislature. Earlier this month, LB1296 was amended into LB1204, a General Affairs Committee package that is awaiting one final round of debate.

Hughes, arguing for her proposal, said there's a common perception in the United States that products sold in retail outlets are safe. However, the federal government, she argued, has dropped the ball when it comes to product regulation and safety. "If they get their stuff together...then we're done," said Hughes, "But they're not doing it."

Hughes said the bill was amended with the help of "reputable" vape shops in Nebraska, and would now require manufacturers to list the chemicals in the vape products, allowing for easier regulation and seizure if such actions are necessary. According to Hughes, her proposal is intended to create an even "wash" between fees assessed on the vape industry and oversight costs.

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SHOWDOWN LOOMS OVER ADDING NEW STEPS IN APPROVING RENEWABLE ENERGY PROJECTS

LINCOLN- Sen. Tom Brewer, a longtime opponent of wind energy, described his Legislative Bill 399 as a much-amended effort that would give neighbors to planned wind farms the opportunity to meet with developers. "LB399 gives the citizens who are forced to live next to these facilities one evening to ask questions of the private company who will become their neighbor," said Brewer."

However, environmental groups see something more ominous in Brewer's proposal: extra requirements on wind and solar energy projects that could frustrate the expansion of renewable energy in Nebraska. "It's the old hackneyed phrase: 'If it ain't broke, don't fix it,' There's no rationale that this is needed," said David Corbin, chair of the legislative committee of the Sierra Club of Nebraska.

LB399, which was prioritized by Sen. Bruce Bostelman, is expected to come up for debate this week before the full Legislature. Brewer said the bill has undergone multiple amendments that have allowed the state's public power districts to appear in a neutral capacity on the proposal.

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ADVOCATES FOR IMPROVED MENTAL HEALTH CARE PREDICT 'CONSEQUENCES' FROM $15 MILLION BUDGET CUT

LINCOLN- Advocates for improved mental health services in Nebraska predicted dire consequences from a $15 million cut in spending expected to be included in the state budget. “Now is not the time to cut the budget,” said Tim Heller, chairman of the State Mental Health Advisory Board. The event came during an annual lobby day organized by the Nebraska Association of Behavioral Health Organizations (NABHO) which represents the state’s regional organizations that provide mental health services for those who don’t qualify for Medicaid.

The gathering came after state lawmakers earlier this week rejected a proposed budget amendment from State Sen. John Fredrickson, a mental health provider, to retain $12 million in state aid for behavioral health, and devote $3 million to fill nursing vacancies at the Lincoln Regional Center. The state budget calls for transferring the entire $15 million out of the mental health care fund to the Regional Center.

While the nursing shortage needs to be addressed, representatives of NABHO said, it shouldn’t be at the expense of mental health services, which they say have been underfunded for years. The group is seeking a conversation with Gov. Pillen to discuss the funding issues. “Let’s find out why,” said Dubas, a former state senator.

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PROPERTY TAX RELIEF BILL ADVANCED TO LOWER SCHOOL TAX BY HALF OR MORE

LINCOLN- A property tax relief package advanced by a legislative committee is projected to lower local school taxes by a half or more by raising the state sales tax by up to 1 cent and eliminating a handful of sales tax exemptions. The Legislature’s Revenue Committee advanced LB388 on a 7-0 vote with one member absent. The full Legislature might debate the bill as early as Tuesday of next week.

The proposal falls short of Gov. Jim Pillen’s goal of finding an extra $1 billion in new revenue to defray property tax bills, instead delivering about $650 million. “I don’t think the governor will be done unless he gets 40% relief,” said State Sen. Lou Ann Linehan, who chairs the Revenue Committee. “But it won’t happen this year.” In a statement, Pillen thanked the committee for their work on property tax relief.

State sales taxes are now 5.5 cents. A raise to 6.5 cents would place Nebraska with the ninth highest state sales tax rate in the country, and match Kansas as highest in the region. “A sales tax increase means Nebraskans will be paying more for the goods and services that their families need, adding to the cost of cars, clothes and school supplies,” said Rebecca Firestone, OpenSky’s director.

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PROPOSAL ADVANCES TO MODERNIZE PARENTAL INVOLVEMENT IN NEBRASKA K-12 EDUCATION

LINCOLN- Lawmakers advanced a measure designed to increase parental involvement in K-12 learning and expand access to certain educational materials. LB71, from State Sen. Rita Sanders, would update a 30-year law about what rights parents, guardians and educational decision-makers have in K-12 schools. A public school district would need to adopt a new policy by July 1 and state how the district seeks to involve parents in their children’s education.

The policy would also need to include how districts would allow access to certain testing and curriculum information or request that their child be excused from specific instruction or activities. The district would need to prominently post the policy online by Aug. 1. Lawmakers gave LB 71 first-round approval 43-0. If passed, the bill would not take effect until three months after the Legislature adjourns.

Sanders said LB 71’s focus is parental rights, but it doesn’t tell schools what or how to teach, just that they need to be transparent and ensure that parents have proper access to materials. LB 71 would be a “reasonable, common sense update,” Sanders said, and address what former Commissioner of Education Matthew Blomstedt described as a “crisis of confidence” in system leadership.

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LEGISLATURE OUTLAWS PUBLIC RECORDS SPECIAL FEES, EXTENDS GRACE PERIOD BEFORE CHANGES

LINCOLN- Lawmakers passed a bill that would double the grace period allowed before fees are charged for Nebraska public records requests and would outlaw certain fees. LB43, introduced by State Sen. Rita Sanders, would allow the first eight hours of time spent “searching, identifying, physically redacting or copying” in response to records requests free of charge. The bill passed 39-0.

LB 43 passed one week after the Nebraska Supreme Court, in a case involving the Flatwater Free Press and Nebraska Department of Environment and Energy, said that based on state statute, a “special service charge” could be imposed on records requests. The bill removes the authority of non-attorneys to review records trying to find a legal reason to withhold them.

If signed by the governor, no special charges could be imposed for copies of blank forms or pages with “all meaningful information redacted.” If signed by the governor, Conrad’s records provisions and the First Freedom Act would take effect three months after the Legislature adjourns, which is expected in mid-April.

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THE SHORTCOMINGS OF NEBRASKA'S EPIC OPTION

LINCOLN- A recent analysis of the EPIC Option Consumption Tax Initiative has noted a number of key inaccuracies in the proposal. The analysis, released by the Tax Foundation, reported that a consumption tax rate of 21.6% percent would be required to totally replace other state taxes — much higher than the 7.5% stated by EPIC backers. The report noted that there are several better ways to achieve relief. 

The report further said that the EPIC Option does not prevent local governments from enacting consumption taxes, meaning the total rate could be much higher than advertised. The burden would likely result in substantial cross-border shopping, allowing Nebraskans close to a border with a lower sales tax state to avail themselves of the lower rates while leaving taxpayers in the interior of the state to bear the brunt of the newly established consumption tax. 

Due to the high consumption tax rate, the anticipated economic benefits of the proposed tax overhaul are unlikely to materialize. The Tax Foundation warns that the proposal only notes a tax exemption for groceries. This means Nebraskans will be forced to pay new taxes on

medicine, health care, legal advice, dental work, food and dozens of other everyday necessities. The fate of EPIC is currently unclear as it seeking to be placed on the 2024 ballot. 

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STATE BOARD OF ED REJECTS MEASURE DEFINING AND BANNING SEXUALLY EXPLICIT MATERIALS IN SCHOOL LIBRARIES

LINCOLN- The Nebraska State Board of Education rejected a push Friday to define and ban sexually explicit books and materials from school libraries. Board Member Kirk Penner, who introduced the proposal, previously told the Douglas County Republican Party that he expected the changes to the Board of Education's Rule 10 to fail.

In failing, however, Penner said he hoped such an outcome would lead to the election of more conservative State Board of Education Members. During discussion before the vote, Penner asked other members to explain the educational value of school libraries offering books and graphic novels that depict sex acts.

"Ultimately, the question is why do adults feel the need to present this type of content to minor children?" asked Penner, garnering applause from the audience. Board members who voted in opposition to the proposal said they agreed that pornography shouldn't be in schools, but disagreed over what steps should be taken to address these materials.

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FIVE NEBRASKA LEGISLATIVE CANDIDATES HAVE ALREADY RASIED MORE THAN $100K

LINCOLN- The price of mounting a credible bid for the Nebraska Legislature continues to rise, with 2023 fundraising tallies hinting at 2024 being another big year for six-figure races. In 2023, five candidates for the $12,000-per-year job had already raised over $100,000, a number that is in line with accelerating trends in fundraising seen in recent years.

Sen. Eliot Bostar, a Democrat, leads the pack, raising $205,000 in 2023 and bringing his campaign cash on hand to $255,000. Sen. Carolyn Bosn, who was appointed by Gov. Pillen, leads the newcomers to the Nebraska Legislature with $140,000. Incumbents expected to face tough elections, like Sens. Jen Day and Ray Aguilar, both raised $113,000 and $110,000 respectively.

The final member of the six-figure fundraising club is Sen. Kathleen Kauth, who raised $101,000 in 2023. Kauth estimated that her race, when all is said and done, will likely cost between $180,000 and $220,000. "That is an astonishing number," she said. Her top Democratic opponent, Mary Ann Folchert, has raised $51,000.

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WATCHDOG RAISES CONCERNS ABOUT 'SCREENING TESTS' USED IN STATE PRISON TO DISCIPLINE INMATES

LINCOLN- A 25-page report released last week by the Inspector General for Corrections is raising concerns about the use of 'field' drug tests to punish inmates, including extending their time behind bars, without confirming such tests with an accredited lab. The lack of adequate testing and confirmation, according to the IG report, raises questions about "fairness."

In the report, the Inspector General recommended that prison staff be educated about the limitations of field drug tests and that a process for providing confirmation lab tests be established, as is currently required by law for urine drug tests. The penalties for a drug offense in prison range from loss of "good time" reductions in sentences and removal from work release, and can even require that inmates be transferred to a higher security prison.

The Nebraska Department of Corrections, in an official response, said it would take the IG's recommendations "under consideration." However, in an email, State Corrections Director Rob Jeffreys said that blocking the flow of synthetic marijuana and other drugs presents a huge challenge. "We need to be proactive, vigilant, and steadfast in our drug interdiction strategies," said Jeffreys.

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NEBRASKA FATAL FETAL ANOMALY EXCEPTION FOR ABORTIONS STALLS IN LEGISLATURE

LINCOLN- Last week, the Nebraska Legislature's Judiciary Committee voted 3-2 to advance Sen. Riepe's LB1109, which would add an exception for fatal fetal anomalies to the state's 12-week abortion ban, out of committee, but five votes were needed to progress the bill from committee.

Riepe said he was disappointed by the outcome, but not surprised. "It is what it is," said Riepe of the vote. Despite naming LB1109 as his priority bill this year, Riepe said he expected heavy resistance. Indeed, the bill's public hearing drew overwhelming opposition, with just three individuals testifying in support.

LB1109 would allow a woman in the state to receive an abortion beyond 12 weeks of pregnancy if at least two physicians determined that the fetus had a condition that would result in death outside the womb. It would also clarify that medical professionals who perform abortions could not be charged with criminal penalties.

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AS SEARCH FOR NEXT NU PRESIDENT CONTINUES, EXPERTS SAY HIGHER ED LEADERSHIP IS CHANGING

LINCOLN- The University of Nebraska Board of Regents has met in closed sessions four times since January as they search for the next president of the NU System. While the board has yet to indicate where they are in the process, many believe they are closing in on the selection of a priority candidate.

"It's proceedings very well," said Regent Tim Clare in early February. Later this month, NU will cross the seven-month threshold from the time former President Ted Carter left to become president of Ohio State University. Clare said that while he intended the search to proceed expeditiously, the regents would take as long as they need to find the right person for the job.

"College presidencies are very complicated, complex jobs," said Hironao Okahana, assistant vice president of research at the American Council of Education. Okahana, citing several of the issues the next NU president will need to overcome, like a $58 million budget shortfall, said college administrators are being asked to think more holistically about educational institutions than they ever have before.

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FISCHER, FLOOD SECURE $25M MORE FOR NU INNOVATION CAMPUS AG RESEARCH CENTER

LINCOLN- Funding for a U.S. Department of Agriculture research facility, which is set to be built on the Nebraska Innovation Campus, was included in a federal spending bill approved by Congress and signed by President Biden last week. The appropriations package included $25 million for the National Center for Resilient and Regenerative Precision Agriculture, which is set to break ground this spring.

"This is a remarkable investment that will further Nebraska's status as a world leader in agriculture," said University of Nebraska Interim President Chris Kabourek. Sen. Deb Fischer, a member of the Senate Appropriations Committee, sponsored the funding bill in the Senate, while Rep. Mike Flood guided it through the House of Representatives.

"The investments we make today will ensure Nebraska is well positioned to seize the opportunities ahead," said Fischer in a statement. This additional funding was among $48.1 million in Community Projected Funding requested by Rep. Mike Flood. "All but one of our original funding requests received funding, which is an incredible result," said Flood.

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