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.

OMAHA FAMILY URGES NEBRASKA LAWMAKER TO INCREASE DISTRACTED DRIVING PENALTIES

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

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

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

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CYBERATTACK AFFECTING 'MAJORITY' OF NEBRASKA HOSPITALS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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COMMITTEE BEGINS CRAFTING PROPERTY TAX RELIEF PROPOSAL, NEW APPROACH CONSIDERED

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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LAWMAKERS CREATE SPECIAL COMMITTEE FOR FULL REVIEW OF NEBRASKA LEGISLATURE OVERSIGHT

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

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

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

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

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

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

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

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