BIDEN NOMINATES SUSAN BAZIS TO FEDERAL JUDGESHIP IN NEBRASKA

OMAHA- Suzan Bazis, a magistrate judge from Omaha, was appointed to the United States District Court of Nebraska by President Joe Biden. Bazis has served as a magistrate judge since 2017, and previously served on the bench of the Douglas County Court. She holds a bachelor's degree from the University of Nebraska at Omaha and earned her law degree at Creighton University.

Bazis received support from both U.S. Senators in Nebraska, Deb Fischer and Pete Ricketts. Fischer's office said she had recommended in January that Biden appoint Bazis to the federal bench, calling the former magistrate judge a "bright legal mind" and "dedicated public servant."

Sen. Pete Ricketts echoed a similar sentiment about Bazis. "Judge Susan Bazis's varied experience, strong intellect, and temperament will benefit us all," he said in a statement, "I have every confidence she will receive strong, bipartisan support." Having been nominated for appointment by the President, Bazis will now need to be confirmed by the U.S. Senate.

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NEBRASKA'S LANCASTER COUNTY SENATORS ADDRESS BRAIN DRAIN, HIGHER EDUCATION IN TOWN HALL

LINCOLN- Just weeks before the 2024 legislative session begins, nine of the 10 lawmakers representing Lancaster County joined together on Monday at Union College for a town hall to preview the issues they're looking to tackle come next year. The delegation present included Sens. Ballard, Bosn, Bostar, Brandt, Clements, Conrad, Dorn, Dungan, Raybould, and Wishart.

Many lawmakers at the town hall highlighted workforce development as a means to address the state's worsening brain drain. According to Sen. George Dungan, solutions to this issue will be multi-faceted and nuanced, and will attempt to avoid becoming a culture war issue. "Nebraska, I think, for the better part of the last many decades, has been a sort of bastion of reasonableness amongst a lot of this ire that we've seen in a lot of other states," said Dungan.

Sen. Carolyn Bosn brought up licensure issues seen in industries like hair care, teaching, and law enforcement, highlighting that people who are licensed in other states must often go back to school in Nebraska after moving here to obtain a similar license. "I don't know that they cut hair differently here than they do in Iowa, but I can't imagine they do it that differently," said Bosn, "I don't think that's a good use of our time or our money."

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OPS STILL MAKING PLANS FOR $8 MILLION LEFT OF $304 MILLION IN FEDERAL PANDEMIC RELIEF

OMAHA- Last Wednesday, Omaha Public Schools officials updated school board members on the status of the remaining federal COVID-19 funding it had received, which must be allocated by September 2024. "There is approximately $8.19 million at-risk, unobligated funds that we originally budgeted for in an activity that we don't think we need that much money for," Shane Rhian, chief financial officer for OPS, told the board.

Over the next three months, said Rhian, district officials will be discussing what to do with the remaining funding before coming to the board with a formal proposal in March or April. Allocation options, according to Rhian, include facility upgrades or new staff technology which could be utilized by teachers and paraprofessionals. "We feel we will be able to use funds fully within the time frame allotted," Rhian said.

Since March 2020, three pandemic relief bills have been passed by Congress to help schools recover academically and emotionally from COVID-19, with OPS, the largest school district in the state, having received the most money in Nebraska, nearly $304.2 million. Purchases made by OPS with the additional funding included additional staff wages, facility upgrade projects, and tutoring for students who missed school early in the pandemic.

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FORMER NEBRASKA LAWMAKER, DOUGLAS COUNTY ELECTION COMMISSIONER SCOTT LAUTENBAUGH DIES

OMAHA- Former Douglas County Election Commissioner and State Sen. Scott Lautenbaugh, who represented northwest Omaha from 2007 to 2014 after being appointed by then-Gov. Dave Heineman, died on Saturday at 59. Current Douglas County Election Commissioner Brian Kruse praised Lautenbaugh for his "leadership of fair and free elections" in the county.

Others paid tribute to Lautenbaugh as well. "I was saddened to learn of the passing of my former colleague Scott Lautenbaugh this morning," said U.S. Sen. Deb Fischer, "Scott was a valuable member of the Legislature of the Transportation and Telecommunications Committee. I enjoyed working with him on the infrastructure needs of Nebraska. He helped build a stronger Nebraska and was always guided by his conservative values."

U.S. Rep. Mike Flood was also stunned by Lautenbaugh's passing. "He was an enterprising, creative, and skilled orator who challenged the status quo and fought for conservative values," said Flood, "In the Legislature, he championed fair election laws and was an early advocate for school choice. We are praying for his family and will long remember his incredible sense of humor and his friendship."

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HEALTH AGENCY FILES ITS OWN REPORT ON INSPECTIONS OF ITS INSTITUTIONS

LINCOLN- On Friday, the Nebraska Department of Health and Human Services filed a 20-page report with the State Legislature detailing site inspections made by DHHS staff of its facilities. The report comes after the State Ombudsman's Office, which had previously conducted the annual inspections, was blocked from doing so after Attorney General Mike Hilgers issued a nonbinding legal opinion arguing against the authority of the Inspectors General for Corrections and Child Welfare.

In response to the report, State Sen. Ben Hansen, who chairs the Legislature's Health and Human Services Committee, said it's essential that such inspections take place and that the Legislature continue to perform its oversight role over state institutions and "vulnerable" populations they serve. Asked whether the self-conducted DHHS report gives lawmakers enough information, Hansen said:

"I would think it's adequate, but could there be more? Yes."

Hansen finished by saying he expects legislation to be introduced in early 2024 to resolve the separations of power dispute centered around the Office of the Inspector General. The report issued by DHHS does not address citizen or staff complaints at these facilities, which the Ombudsman's Office is required by statute to investigate and resolve.

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NEBRASKA AG OPINION CALLS OMAHA AND LINCOLN GUN EXECUTIVE ORDERS ILLEGAL, FIREARMS GROUP SUES CITIES

LINCOLN- According to a formal opinion penned by Nebraska Attorney General Mike Hilgers, the leaders of Nebraska's two largest cities do not have the authority to prohibit people using public parks, trails, and sidewalks from carrying concealed handguns. Hilgers' opinion is just one piece of the months-long fight over the specific meaning and reach of Sen. Tom Brewer's LB77, which allows for the permitless concealed carry of handguns statewide.

Brewer requested the Attorney General's opinion this fall after LB77 was challenged in part by Omaha Mayor Jean Stothert and Lincoln Mayor Leirion Gaylor Baird. Both mayors issued executive orders restricting concealed handgun possession on city property, which includes most public buildings and outdoor spaces like parks, trails, and sidewalks. Stothert, in introducing the order, said she wanted people to "feel safe" while visiting Omaha's public buildings and spaces.

Hilgers wrote in his opinion that the cities do not have the authority to enact blanket prohibitions on weapons possession in public spaces. Although Hilgers' opinion does not have the force of the law behind it, Sen. Brewer said he was grateful for the Attorney General's clear language. "I was very happy with it," said Brewer, "It was perfect."

Following Hilgers' opinion, the Nebraska Firearms Owners Association filed district court lawsuits in Douglas and Lancaster Counties alleging that the mayors went too far in issuing their executive orders. The group is seeking preliminary injunctions allowing concealed handguns to be carried in public spaces. The Omaha area lawsuit is also targeting the city's recent ban on bump stocks and online firearm kits, which can be utilized to build homemade guns.

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SMALLEST RECRUIT CLASS EVER FOR NEBRASKA STATE PATROL SWORN IN FRIDAY

LINCOLN- On Friday, six new State Troopers were sworn in during a ceremony at the Nebraska State Capitol, the smallest graduating class ever for the Nebraska State Patrol. However, despite concerns over the number of graduates, Col. John Bolduc, superintendent of the Patrol, expressed hope that recruiting will turn around.

In fact, according to Bolduc, a new recruit class of 17 will begin training in January. "We hope that begins a new trend," he said, "We don't think this will be the standard, this will be a one-off." Nationally, interest in law enforcement careers has slumped, in part due to the negative publicity following the police-custody death of George Floyd.

"This is a national trend," said Bolduc, "We're thankful for their willingness to step up and serve." Despite adding 16 new recruits in 2023, the Nebraska State Patrol still has 68 vacancies in its authorized strength of 482 sworn positions. On July 1st, the state increased trooper paychecks by 22%, but Nebraska's hike came as other competing law enforcement agencies also upped their pay.

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NEBRASKA 'BRAIN DRAIN' PERSISTS, PLUS ANOTHER ALARM IS RAISED BY NEW CENSUS DATA

LINCOLN- According to newly released U.S. Census data, Nebraska's 'brain drain,' or the phenomenon of individuals with a bachelor's degree or higher leaving the state, is worsening, with the survey raising an alarm about who is fleeing. "Notably, the data reveals that individuals 25 years and older with other levels of educational attainment also are leaving the state," said Josie Schafer of the Center for Public Affairs Research at the University of Nebraska at Omaha.

Schafer said the data did not allow for to definitely answer why the people with less education than a bachelor's or professional degree are leaving the state as well, but believes these patterns could be driven by job availability, better wages, and job benefits offered elsewhere. "The idea of Nebraska being a low cost-of-living-state...they might not be feeling it," said Schafer.

The Nebraska Chamber of Commerce has identified affordable workforce housing and child care as the top challenges to filling vacant jobs and spurring economic growth. Erin Porterfield, executive director of Heartland Workforce Solutions, believes negative experiences with racism "contribute to feeling unsafe" in Nebraska and might be prompting her clients to eye the exit door. Porterfield also highlighted Nebraska's relatively new "employment pipeline," which she argues leaves some young adults unsure about their employment and career opportunities.

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STATE SEEKS NEW CLIMATOLOGIST AS BATHKE NAMED INTERIM HEAD OF NEBRASKA STATE CLIMATE OFFICE

LINCOLN- The University of Nebraska-Lincoln is conducting a national search for a new state climatologist to replace Martha Durr, who resigned in November after eight years in the position. In the meantime, UNL appointed Deborah Bathke, in an interim capacity, to lead the State Climate Office until a full-time replacement is found.

Bathke is a climate scientist and research associate professor at UNL, and formerly served as assistant state climatologist in New Mexico. The Nebraska State Climate Office, housed in UNL's School of Natural Resources, is the main source of climate information for Nebraska, and oversees the Nebraska Mesonet, a network of weather observation stations.

The Legislature recently allocated $150,000 to update and modernize the state's climate systems, and Bathke, now leading the Climate Office, will lead that effort, with an expected completion date next year. Larkin Powell, director of UNL's School of Natural Resources, said Bathke is "uniquely positioned" for the interim role. "She is known for her work in climate science and has the ability to translate complex data for the public," Powell wrote in a press release.

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AltEn CLEANUP MAKING PROGRESS DESPITE SETBACKS, CONTRACTOR SAYS THERE'S 'ROOM FOR IMPROVEMENT'

MEAD- The environmental contractor managing the cleanup of millions of pounds of pesticide-laden waste at the former ethanol plant near Mead, formally titled NewFields, indicated that the initial efforts to dispose of that toxic material have been largely successful. Over the course of the fall season, the company has transported 10,208 tons of solicited wet cake from the former AltEn plant to the Pheasant Point landfill in Bennington.

That's roughly 10% of the solid waste currently entombed under a cement and clay shell at the now-defunct biofuel plant, but not close to the estimated 24,000 tons that NewFields had originally sought to dispose of in a feasibility study conducted in August. Bill Butler, a partner at NewFields, said issues securing bentonite, a reagent used to solidify the wet cake for transport, led to less waste being hauled than originally planned.

Butler, however, praised NewFields' work in removing, solidifying, and loading the wet cake without stirring up pungent odors, which were the subject of complaints from nearby residents that ultimately brought attention to AltEn and the biological waste it created. "We were able, in the last two weeks, to step up production and get things rolling," said Butler, "But we still have room for improvement." According to Butler, operations will be ramped back up in April or May of 2024, depending on the state of the weather.

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NEBRASKANS CAN BECOME TEACHERS IN LESS THAN A YEAR WITH NEW ONLINE CERTIFICATION PATH

LINCOLN- As a result of legislation passed this year in the Nebraska Legislature, Nebraskans can now participate in an online teacher certification program called American Board, which was founded by the U.S. Department of Education to offer an alternate path for future teachers who didn't go to school for education.

The legislation, initially spearheaded by State Sen. Lou Ann Linehan, was introduced to address Nebraska's teacher shortage, and was amended into a substantial education package of 23 bills. The new pathway allows Nebraskans with a bachelor's degree to get their teaching certificate without attending a traditional in-person teacher preparation program usually operated by a college or university.

"With this legislation, it specifically does not call for an expiration of any permit," said David Jespersen, a spokesman for the Nebraska Department of Education, "The way it is right now, at least, if they got the American Board certificate, they would get an alternative path to teach and it would not have an expiration." Despite this, concerns have arisen over the educational effectiveness of such expedited programs.

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GOV. PILLEN DECIDES NEBRASKA WON'T OPT INTO NEW $18 MILLION CHILD NUTRITION PROGRAM, LAWMAKERS URGE PARTICIPATION

LINCOLN- Gov. Pillen's administration has decided that Nebraska won't be participating in a new child nutrition program that could have delivered an estimated $18 million in grocery-buying benefits next summer for kids and their families. The decision comes despite a monthslong effort by food banks and other advocates to persuade the governor to opt into the Summer EBT program.

Pillen spokeswoman Laura Strimple said free meals continue to be available to youths during the summer through the U.S. Department of Agriculture, summer camp programs, schools, and community centers. "In addition to in-person meals, those locations offer recreational, educational, and other enrichment opportunities," said Strimple, "as well as resources that are of added benefit to kids and important for their development."

Nebraska Appleseed and several Nebraska foodbanks were among the groups urging Pillen to opt into the program, which has a cut-off date of January 1st. "Come summer, we know that more families will struggle with food insecurity because of this decision," said Eric Savaino, Appleseed's food and nutrition access manager. Savaino estimated that up to 150,000 Nebraska children would have benefited next summer if the state had opted into the new program.

Following Pillen's announcement, fifteen Nebraska lawmakers penned a letter urging the state to reconsider opting into the program. The letter, signed by Sens. Day, Bosn, Bostar, Dungan, Raybould, Conrad, Hughes, John and Machaela Cavanaugh, Hunt, Vargas, McKinney, Fredrickson, Walz, and Blood, argued the state's decision is "a message to Nebraskans that their representatives are out of touch with their very real, very immediate needs."

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MINIMUM WAGE RISING TO $12 AN HOUR IN NEBRASKA AFTER VOTERS APPROVED GRADUAL INCREASES A YEAR AGO

LINCOLN- Beginning January 1st, the minimum wage in Nebraska will increase by $1.50 and sit at $12 an hour, the result of a ballot measure passed last year to make gradual increases to the minimum pay that must be provided to employees. An initiative launched by Raise the Wage Nebraska helped to qualify the issue for the 2022 ballot, which passed by a margin of 6-to-4.

Nebraska is among 20 states that are increasing their minimum wage next year. In 2024, the minimum hourly wage for tipped employees will remain at $2.13 an hour, but employees are meant to ensure that wages and tips for such workers, when combined, equal at least the new state minimum wage.

Over the next three years, the minimum wage will increase by an additional $1.50 each year. Starting January 1st, 2025, employers will now be required to pay $13.50 an hour. On January 1st, 2026, that number will rise to $15 per hour. Finally, on January 1st, 2027, the minimum wage increase, if it's determined to be necessary, will be based on the cost-of-living increase as measured by the Consumer Price Index.

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NEBRASKA SECRETARY OF STATE SAYS RATIONALE IN COLORADO TO KEEP TRUMP OFF BALLOT 'NOT PERSUASIVE'

LINCOLN- On Wednesday, after the Colorado Supreme Court ruled, based on the 14th Amendment, that Donald Trump's name could not appear on the 2024 primary ballot, Nebraska Secretary of State Bob Evnen said the rationale utilized in forming that decision was "not persuasive."

"In accordance with the usual practice of this office," said Evnen, "the decision of whose names will appear on the Nebraska presidential primary ballot will be made and announced in the latter half of February 2024." Just a day prior, the Colorado Supreme Court ruled 4-3 to remove Trump's name from the ballot, citing the Civil War-era clause of the 14th Amendment, which disqualifies those who "engaged in insurrection or rebellion" against the United States.

U.S. Sen. Deb Fischer called the ruling "deeply un-American," while Jane Kleeb, chair of the Nebraska Democratic Party, said there was "no doubt" Trump incited the January 6th Insurrection. However, Kleeb said that the Nebraska Democrats will leave it up to the Supreme Court to decide Trump's fate, adding that her party's strategy "remains laser-focused on registering more voters" and securing an Omaha-area electoral vote for Pres. Joe Biden.

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PROPONENTS OF PROVIDING MEDIGAP COVERAGE FOR THOSE UNDER 65 WITH DISABILITIES WILL TRY AGAIN

LINCOLN- Seven years ago, Shawna Thompson, a registered nurse, was a passenger in an ambulance that veered off an Interstate highway when the driver fell asleep. Thompson, who lives in North Platte, suffered a traumatic brain injury in the crash. Because she is younger than 65, she cannot obtain the “supplemental” insurance offered to Medicare patients, so-called medigap insurance that is commonly purchased by those of retirement age or older.

It prompted Thompson to join another North Platte couple in asking the Nebraska Legislature to change state law, to allow those under 65 who have disabilities to buy medigap policies to cover expenses not covered by regular Medicare. All but 14 states currently allow some form of medigap coverage to be purchased by those under 65 on disability. This issue has been before the legislature before in 2022.

In 2022, a bill failed to advance due to opposition by the insurance industry, which argues that adding such high-cost disabled people to the insurance rolls would increase costs for others. “When you put more unhealthy or costly people into the Medicare population, the premiums have to go up,” said Robert Bell, executive director of the Nebraska Insurance Federation.

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OBSERVERS QUESTION POLL INDICATING A CLOSE U.S. SENATE RACE BETWEEN DEB FISCHER AND DAN OSBORN

LINCOLN- A recent survey by a left-leaning pollster with a solid reputation but an unusual approach triggered questions about the U.S. Senate race involving Nebraska’s senior senator. Local political observers questioned some of the poll’s methods and findings, including its headliner: a close race between two-term Republican Sen. Deb Fischer and Dan Osborn, a union leader and nonpartisan political newcomer.

California pollster Change Research surveyed 1,048 likely 2024 Nebraska voters Nov. 13-16. It found 40% support for Osborn and 38% for Fischer, which fell within the survey’s 3.1% margin of error. Of those surveyed, 18% were undecided. The pollster and a half dozen Nebraska political consultants and observers interpreted the poll as showing voters are open to considering a third-party candidate.

Nebraska politicos with polling experience said they doubted Fischer’s race was as close as the survey indicates. Several said the poll does hint at the potential for a more competitive race than usual. Paul Landow, a retired UNO political science professor, said the poll likely oversampled urban and suburban Nebraskans and undercounted rural residents who still rely on landline phones.

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STATE LABOR COURT HEARS ARGUMENTS OVER REQUESTED DELAY IN PILLEN'S ORDER TO END REMOTE WORK

LINCOLN- A state labor court took under advisement a request by the state employees’ union to delay an executive order by Gov. Pillen to end most remote or hybrid work arrangements by Jan. 2. Union representatives argued it would create “chaos” for state workers and the taxpayers they serve because of adjustments employees would have to adopt quickly.

Justin Hubly, executive director of the Nebraska Association of Public Employees, said that more than one out of every five state jobs are already vacant, and ending remote working arrangements would exacerbate the labor shortage. An attorney representing Pillen rejected the “parade of horribles” predicted by the union and said NAPE is making an “extraordinary” attempt to usurp the governor’s power to manage state employees.

Mark Fahleson said the state’s labor contract allows the governor to change “the site” of the workforce without bargaining with the union. Fahleson added that NAPE had submitted a proposal on remote work during collective bargaining a year ago but withdrew it after winning “record salary increases.” “They’re asking the commission to award them something they voluntarily gave up,” said Fahleson.

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BIG EARLY BATTLES IN NEBRASKA LEGISLATURE COULD INCLUDE CHANGES TO LEGISLATIVE RULES

LINCOLN- Rules changes being proposed to make the Nebraska Legislature function more efficiently could instead spark the first big battles of the 2024 session. However, Speaker John Arch told his colleagues at a recent meeting of the Legislative Council that these rules debates will not be a repeat of the 2017 legislative session, during which lawmakers spent more than two months fighting over a proposal to ban secret ballots in committee chair elections.

"I won't allow debate about legislative rules to go on and on," said Arch. At the retreat, Arch outlined and previewed 21 rule changes that he is considering introducing very early in the 2024 legislative session, while Sen. Steve Erdman introduced nine of his own. Debate over the changes eventually advanced by the Legislature's Rules Committee is slated to begin on January 10th, and Arch said he hopes to be finished with debate within three days.

Sen. Justin Wayne criticized several of the rules proposals, arguing that they would restrict the legislative minority and exacerbate rural-urban divides. "We're creating rules out of one session and we're stopping debate," said Wayne. One of Speaker Arch's proposals would allow 40 of the 49 Nebraska lawmakers to declare a bill "subject to dilatory designation," which, if approved, would give the Speaker of the Legislature the authority to choose the specific motions and amendments that could be considered on such bills.

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NEBRASKA EDUCATION COMMISSIONER UPDATES STATE BOARD ON PROGRESS SINCE JULY HEARING

LINCOLN- As the year draws to a close, the Nebraska State Board of Education received a progress report from Brian Maher, the state's education commissioner, as he begins his sixth month on the job. The board set several priorities for Maher to focus on after he was hired on July 1st, and Maher was able to give a report on these endeavors before his official board evaluation in the spring.

Several of Maher's goals had a December 1st deadline, such as evaluating the Department of Education's existing communication strategies involving the state board, the department, and the public. "When I sat and pondered on this, I thought: 'What the heck, how will I address this, knowing communication from our office is crucial to the effectiveness we have as a system?'" Maher told the board.

To address this, Maher said he conducted an audit of current communication strategies and gathered feedback from stakeholders, finding that there was a large gap in communication between outside education leaders and the department. To fix this, Maher reinstated the Superintendent Advisory Council, a group of educators in the field he can consult with regularly.

Maher also ensured the Board that Education Department employees are having twice-monthly meetings, and that he told office administrators to take an inventory of the department's website to make sure that only approved materials are online.

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PILLEN HOSTS PUBLIC FOR FIRST-EVER 'HOMETOWN CHRISTMAS' CELEBRATION

LINCOLN- On Sunday, the yard of the Governor's Mansion was filled with children and parents for the inaugural 'Hometown Christmas' celebration that followed the 75th annual Christmas tree lighting at the State Capitol. First Lady Suzanne Pillen took the lead in planning the event.

"The tradition was to always have cookies and coffee and people walk through," said the First Lady, "and I'm like, 'That's no fun for kids.' So, we decided to really blow this up and make it very family-oriented." Gov. Pillen said his main contribution to the event was getting the stretch of H Street in front of the residence closed to traffic during the festivities.

"I know when to delegate and stay out of the way," said Gov. Pillen, "It was Suzanne's idea, and I said 'Great idea. Go for it.'" Gov. Pillen gave a speech late into the event, remarking upon the beauty of the Capitol, the "house of the people," and its murals. A protestor shouted throughout the ceremony with calls for a cease-fire in Gaza, prompting Pillen to talk about political discourse. "We hopefully can all have a little more courage to stand up and do that, if you do it in a respectful manner like Nebraskans do," he said.

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