SEN. MACHAELA CAVANAUGH ASKS COLLEAGUES TO UPHOLD 'JUSTICE AND DECENCY' AND CENSURE SEN. STEVE HALLORAN

LINCOLN- An emotional public hearing over a rare request to censure a state senator ended Thursday with the committee deferring action until after the four-day Easter weekend. That came despite a request by Sen. Machaela Cavanaugh for an “immediate” decision on whether to censure fellow Sen. Steve Halloran of Hastings for vulgar statements directed at “Senator Cavanaugh” during floor debate March 18 over an obscenity bill.

Sen. Ray Aguilar, who chairs the Exec Board, said after the half-hour hearing that events Thursday were “too emotional,” and he wanted members of the committee to consider their decisions over the weekend. Cavanaugh, the only testifier at the hearing, called on the committee to uphold “justice and decency” by issuing a censure, a formal expression of extreme disapproval.

The censure request was filed after Halloran, during floor debate on March 18, repeatedly inserted the name “Senator Cavanaugh” as he read a graphic description of a rape contained in the book, “Lucky.” Halloran, in an email to reporters, said he did not want to attend and “give credence” to a legislative hearing he maintained violated two legislative rules.

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LAWMAKERS APPROVE PRENATAL PLUS, VAPING REGULATIONS, HELMET REVISIONS AND MORE

LINCOLN- A host of Nebraska legislative proposals gained final approval this week, including expanded support for mothers, vape regulations and changes to the state helmet law. Should Pillen approve the measures, most proposals would become law three months after the Legislature adjourns. If Pillen vetoes any bills, the Legislature has the opportunity to seek an override. 

LB857 creates the Nebraska Prenatal Plus Program, expanding Medicaid coverage for at-risk mothers for six prenatal nutrition counseling visits and targeted case management. LB1204 carries a package of bills from the General Affairs Committee, such as bills regarding gambling, vaping and alcohol and spirits. LB1102 establishes Oct. 17 as Nebraska Missing Persons Day.

LB1004 seeks to clarify a new law that allows certain motorcyclists older than 21 to ride helmetless on Nebraska highways, which went into effect Jan. 1. LB906 increases the penalty for child labor violations from a Class II misdemeanor to a Class I misdemeanor. Also passing was a bill to recognize May 19, the birthday of the Omaha-born human rights leader Malcolm X, as El-Hajj Malik El-Shabazz, Malcolm X Day. 

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DEBATE BEGINS ON 'MASSIVE' TAX BILL PROPOSED BY GOVERNOR TO REDUCE PROPERTY TAXES

LINCOLN- Debate on Gov. Jim Pillen’s controversial property tax relief plan began Wednesday, with advocates saying it will result in a net tax savings and opponents saying it’s a tax shift that will hurt middle- and low-income families. The plan calls for up to a 1-cent increase in state sales taxes, hikes in taxes on cigarettes, vaping products and hemp gummies, and new taxes on soda pop and candy, state lottery tickets and veterinary bills for pets.

That would generate an additional $730 million in revenue, according to Pillen administration estimates, which would be sent to K-12 school districts to reduce local property taxes by an average of 30%, when coupled with other recent tax relief measures. After an initial four hours of debate, it wasn’t clear that the plan could generate the 33 votes to fend off a filibuster and advance LB388 from first-round debate.

Before debate ended Wednesday night, Elkhorn Sen. Lou Ann Linehan, the main sponsor of the governor’s bill, asked for a “pause” in the debate until next week so that some drafting errors in the bill could be corrected. “If you come up with some brilliant plan where we don’t have to raise sales taxes, I’m all in,” Linehan told her colleagues.

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LINCOLN JUDGE FINDS RETROACTIVE PORTIONS OF LB50 UNCONSTITUTIONAL; DECISION BEING APPEALED

LINCOLN- On Wednesday, Lancaster County Court Judge Susan Strong ruled retroactive portions of LB50, a comprehensive criminal justice reform bill passed last year by the Nebraska Legislature, unconstitutional. "The court emphasizes the narrowness of this declaration," said Strong in a 20-page order, which was prompted by a challenge by the Nebraska Attorney General's Office.

Strong declared two specific portions of Section 57, which retroactively applies to prison inmates whose sentences became final on or before September 2nd, 2023, unconstitutional. Secretary of State Bob Evnen, who has the authority to defend the constitutionality of state laws, filed a notice of appeal.

The appeal is expected to bypass the Nebraska Court of Appeals and go straight to the State Supreme Court, where Attorney General Mike Hilgers initially tried to file his challenge to LB50 last October. Deputy Solicitor General Zach Viglianco also previously argued that the two specific portions of Section 57 amounted to clemency, a power reserved for the executive branch and the Board of Pardons.

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UNMC'S JEFFREY GOLD NAMED PRIORITY CANDIDATE FOR NU PRESIDENT

LINCOLN- A commitment to stay for at least ten years was among three must-haves that Gov. Pillen conveyed to the NU Board of Regents for the person selected to fill the presidency, which has been vacant since the start of this year. The other two criteria were that the person has Nebraska ties and respect for conservative values.

On Wednesday, the Board of Regents selected Dr. Jeffrey Gold to lead the University of Nebraska System, seemingly fulfilling two of those three criteria. Gold, originally hailing from New York, has been a Nebraska resident for ten years now, and said that he is prepared to lead the NU System for as long as he is able.

However, when asked about his thoughts on diversity, equity, and inclusion, a contentious political topic that Pillen campaigned against in 2022, Gold said, "Frankly, we need to be a welcoming organization for all students and faculty and staff...where people feel they belong." Gold was selected unanimously by the Board of Regents, and will now go through a 30-day public vetting period before a confirmation vote is held.

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OBSCENITY BILL THAT COULD CRIMINALIZE LIBRARIANS, TEACHERS FAILS TO ADVANCE

LINCOLN- Sen. Joni Albrecht's LB441, which would have allowed for the prosecution of K-12 teachers or librarians if they provide obscenity to minors, failed to advance on Wednesday. Albrecht argued that the bill would close a "loophole" that leaves these school staff immune from prosecution.

"Who in their right mind would argue that criminal obscenity should be presented to our school children at school?" asked Albrecht during debate. The current penalty for providing obscenity to minors is a Class I misdemeanor, which carries up to a $1,000 fine or a year in jail. Multiple senators, including those for and against the proposal, pointed out that it was already possible to prosecute teachers and librarians for such offenses.

After three days of lengthy and heated debate, the bill failed to reach cloture on a 30-17 vote, falling just three votes short. Several opponents of the bill argued that the definition of obscenity is too broad, and that the line between obscenity and art is often gray. "The things which I think folks are saying they do not want to have in the schools--that is not legally obscene," said Sen. Wendy DeBoer, "That's a very specific term of art."

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FACING A FILIBUSTER, SEN. HOLDCROFT AGREES TO DROP USE OF 'BABY BOXES' IN NEWBORN SAFE HAVEN BILL

LINCOLN- A bill that would expand the number of locations that children can be surrendered to advanced from its first round of debate on Wednesday, but only after Sen. Holdcroft, the bill's introducer, agreed to remove the use of 'baby boxes' for the drop-offs. The bill, formally titled the Newborn Safe Haven Act, was described by Holdcroft as giving parents in crisis more avenues to drop off their children without facing abandonment charges.

Currently, state law only allows for such drop-offs at hospitals. LB867 would expand the locations to include fire and police stations that are staffed 24/7, and increase the maximum age of newborns that could be dropped off, from 30 days old to 90 days. However, the bill became controversial when discussion turned to whether or not drop-off locations should install a padded, climate-controlled "newborn safety device," or 'baby box.'

Sen. Carol Blood launched a filibuster over the issue, saying baby boxes are not safety-inspected, would allow parents to drop off a child without counseling, and "could unknowingly provide concealment from crimes such as rape, incest, or human trafficking." After hours of debate, Holdcroft agreed to work with Blood to remove the baby box provisions of the bill. The measure then advanced on a 38-0 vote.

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NEBRASKA LAWMAKERS ADVANCE EDUCATION PACKAGE WITH BILL ALLOWING SCHOOL STAFF TO CARRY GUNS

LINCOLN- On Wednesday, Sen. Murman's LB1329, which includes a handful of school-related measures, was advanced by the Nebraska Legislature. Sen. Brewer's proposal to authorize security staff to carry firearms in school and at school activities was amended into the bill as part of a broader compromise.

Other measures in the package would bar school districts from turning over school lunch debt to collection agencies, require districts to provide truancy-avoidance services to students who have missed at least 20 days of school, and allow students to change option enrollment schools three times during their K-12 careers.

Under Sen. Brewer's now-adopted proposal, school boards would have local authority to allow trained security staff to carry firearms on school grounds. Criminal penalties for off-duty or retired law enforcement officials who carry weapons on school grounds will also be removed from Nebraska law.

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URBAN-RURAL DIVIDE FLARES DURING DEBATE ON $25 MILLION OF BUDGET PACKAGE

LINCOLN- Urban lawmakers prevailed in a fight over workforce housing money on Tuesday that split the Nebraska Legislature along geographic, rather than political, lines. The fight took place while lawmakers debated, and then advanced, this year's state budget package to the final round of consideration.

The package updates the current state budget, which was passed last year and covers the two fiscal years until June 2025. The new package provides for an average increase in state spending of 3.1% over the two-year budget period, up from the 2.3% approved last year. It also includes the transfer of about $230 million from various sources to fund Gov. Pillen's initiative to cut property taxes.

The urban-rural divide surfaced over a $25 million transfer out of the state's Affordable Housing Trust Fund. Pillen had called for putting all the money into a separate rural workforce housing fund. During debate, Sen. Terrell McKinney proposed splitting the $25 million evenly between an urban and rural housing fund. Lawmakers ended up voting 25-23 to approve the amendment, placing $12.5 million into each fund.

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AFP NEBRASKA ADS TARGET PILLEN'S PROPOSED SALES TAX HIKE FOR PROPERTY TAX RELIEF

LINCOLN- Americans for Prosperity Nebraska, one of the state's most active conservative political groups, recently started mailing material to voters opposing Gov. Pillen's plan to offset property taxes by increasing the state sales tax rate. This week, the group is set to begin airing radio and television ads as well, the same week that the Legislature is set to announce its 2024 tax relief proposal.

According to AFP Nebraska, door-to-door engagement with voters will also be utilized in the future. "We're trying to educate the public about the tax shift scheme and warn them that it's a bad deal," said John Gage, AFP Nebraska's executive director, "We shouldn't be shifting taxes and calling it a tax cut because that's not what it is."

One of the AFP radio ads, set in a rural Nebraska diner, has one farmer telling another that the state is "trying to pass the largest tax increase in Nebraska history." A mailer from the organization also says Nebraska lawmakers are trying to pass "over $1 billion in new taxes." A Pillen spokeswoman responded Monday by saying Nebraska's property taxes are at a crisis level.

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U.S. CENSUS CHIEF VISITS NEBRASKA, TOUTS VALUE OF DATA, SURVEYS, AND NOTES 'BIG CHANGE' HEADED TO STATE

BELLEVUE- U.S. Census Bureau Director Robert Santos, on a five-day visit to Nebraska, said he is struck by the state's growing diversity, especially among the youngest Huskers. In saying this, Santos pointed to demographic data gathered by his office, which has been his charge since 2022.

Santos said Nebraska is on track to become more ethnically and racially diverse as the state's population matures. "That's something to celebrate, that's something to look forward to--and plan for," he said. Key to welcoming such a change, according to Santos, is building trust in communities and participating in questionnaires that provide information that determines political representation and funding allocations.

"We need to know who we are," Santos said, "If we know who we are, then we can make sure we are attending to the needs of the different types of people that exist in our community." Santos is set to meet with UNO's Center for Public Affairs Center, which analyzes and interprets census and other data.

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SECOND GENTLEMAN SAYS BIDEN WANTS SECOND BLUE DOT IN NEBRASKA

OMAHA- America's Second Gentleman, Doug Emhoff, the husband of Vice President Kamala Harris, visited Nebraska's 2nd Congressional District on Tuesday to tell the state that President Joe Biden wants to win "the blue dot" a second time in 2024. Emhoff was in Nebraska to lift up U.S. House candidate and current State Senator Tony Vargas, who is set to challenge incumbent Rep. Don Bacon in the fall.

Emhoff, while speaking at the event, highlighted the importance of reproductive rights. 'More than one in three American women of reproductive age now live under an abortion ban, including right here," he said, "Let's be clear: At 12 weeks, it's a ban." Vargas agreed with Emhoff, and has in fact made the issues one of the key elements in his campaign.

This was Emhoff's fourth trip to Nebraska since 2019, though President Biden has yet to visit. The Trump campaign has sent surrogates to the state as well, including Donald Trump Jr. Former President Trump has also visited the state twice, including once in 2020. The National Republican Congressional Committee issued a statement critiquing Biden and Harris for sending "their second fiddle to NE-02 instead of showing up themselves."

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NEBRASKA'S SPORTSBOOKS OFF TO 'SUPER' START IN 2024

LINCOLN- While February numbers were strong, the WarHorse Lincoln Sportsbook brought in $383,572.79 in revenue in January, blowing away the February total of $141,676.99, which included Super Bowl betting. January, with three rounds of NFL playoffs, the New Year's Day bowl games, and the college football playoffs, still had its fair share of sports wagering opportunities.

"There were a lot of events in January--we were still in the NFL regular reason," said Jason Johnston, WarHorse's sportsbook manager, "We had a lot of stuff going on." In addition, the NFL Conference Championship, which determined the two teams that would play in the Super Bowl, turned out to be the second-biggest betting day of the year, sitting just behind the Super Bowl in February.

"I think our players just kind of gravitated specifically toward those matchups and just really had an interest," continued Johnston. Overall, the state's casinos brought in more than $8.6 million in combined gambling revenue in February alone, trailing only last December, the most profitable month to date.

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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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