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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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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