Nebraska
The push for school choice in Nebraska is pitting lawmakers against their constituents
OMAHA, Neb. (AP) — Nebraska lawmakers are set for the first time to pass a bill that would block the public from voting on a ballot measure initiated by citizens of the state, setting up what could be a long battle over whether to fund private school tuition with public dollars.
On Thursday, lawmakers will take a final vote on a bill that would repeal a law passed last year to divert millions in income tax receipts to pay for private school scholarships. The bill would replace it with a measure that would directly fund private school tuition from state coffers. If it passes, it will effectively block voters from repealing the private school funding law that is set to appear on the November ballot following a successful petition drive.
Retired Lincoln high school teacher Rita Bennett described lawmakers’ plan to circumvent a vote of the people with one word.
“Outrage,” Bennett said.
The use of ballot initiatives has long been a source of pride not just for residents, but Nebraska’s unique one-chamber, nonpartisan legislature. Lawmakers often refer to the state’s residents as “the Nebraska Legislature’s second house.”
It’s why the move to “usurp the will of voters” is so audacious, said Bennett, a volunteer who collected petition signatures last summer to get the repeal question on the ballot.
“It’s quite chilling,” she said.
For Gretna resident Angie Lauritsen — who collected signatures last summer at county fairs, on sidewalks and by knocking on doors — the issue is personal. Her son was rejected from a private preschool because he was born with a condition that left him nonverbal until he was nearly 4, but through public school, he was given a specialist at the age of 2 and is now a talkative and thriving teen, she said.
“It’s about taking away the right of the people to vote,” Lauritsen said, noting that many people who signed mentioned being related to a public school teacher. “This is personal for a lot of people, not just me.”
The new bill is an “end-run” around the ballot initiative, said State Sen. Lou Ann Linehan, the author of last year’s law, during a public hearing. But it also gives a choice to families whose public school is not serving them well. A large portion of the private school scholarships would go to students who are being bullied, foster kids and students with a parent serving active military duty or had a parent killed in the line of duty, she said.
“This isn’t an anti-public schools bill,” she said recently during debate. “This is to give parents a choice. Why would we be against that?”
Anthony Schutz, a law professor at the University of Nebraska College of Law, testified against Linehan’s new bill to directly fund private school tuition, saying he believes it violates the Nebraska Constitution’s prohibition against appropriating public funds to nonpublic schools.
Opponents could try to launch another petition effort to ask voters to repeal the new bill this November, although they would have only weeks to gather enough signatures to meet a July deadline. Or they could sue, Schutz said.
“One line of argument is that it’s an appropriation to students and their parents, not a direct appropriation to private schools,” Schutz said.
But because the money can only be used for private school tuition, it might be difficult to convince a court, he said.
Linehan floated another argument earlier this year to try to convince Nebraska Secretary of State Bob Evnen to pull the repeal measure from the November ballot. Linehan held that the ballot initiative was unconstitutional because the state constitution places the power of taxation solely in the hands of the legislature.
Evnen ultimately found the ballot initiative to be legal, but acknowledged the issue was likely to be decided in court.
Asked whether the ballot initiative to repeal last year’s private school tuition scholarship law would remain on the November ballot or be pulled from it if Linehan’s new bill passes, Evnen’s office said it is consulting with the Nebraska Attorney General to make that decision.
Were the measure to remain on the ballot, it could prove a humbling rebuke if voters decide against public money going to private schools. Lauritsen said a good portion of the signatures she collected came from those who said they supported Linehan’s bill, but wanted to give “everybody a chance to vote on it.”
“At the end of the day, it’s an unprecedented use of legislation to cut off a referendum,” Schutz said. “It’s a politically difficult action to defend.”
Opponents of the bill say they’re ready for another fight.
“I stand ready to do whatever is necessary,” Bennett said. “If it means I’m out collecting signatures all summer, that’s where I’ll be.”
Copyright 2024 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.
Nebraska
Data centers take center stage at North Omaha townhall
The future of data centers in Nebraska took center stage at a North Omaha town hall Thursday evening.
The event was hosted by State Sens. Terrell McKinney and Ashlei Spivey, who alongside Sen. Machaela Cavanaugh sponsored a bill in the Nebraska Legislature that looked to help regulate data centers.
Parts of their bill were adopted and passed in LB1010, which requires reports on annual power usage, water usage and ownership.
“Having this passed in a package showed a lot of bipartisan work,” Spivey told a crowd of attendees at Nelson Mandela Elementary School.
The proposed regulations were shaped in part by Bold Nebraska, an advocacy group focused on eminent domain and clean energy. Jane Kleeb, chair of the Nebraska Democratic Party and founder of Bold Nebraska, said before the bill passed there were “zero laws on the books” to address a boom in data centers.
“If one is coming into the community, we wanted to make sure that there were some basic transparency things in place,” Kleeb said.
Political discussions around data centers heated up in recent months following reporting by the Flatwater Free Press that showed Google is considering a data center in Nebraska that could require more than three times the amount of power the entire city of Lincoln uses at peak demand in the summer.
The Nebraska Legislature recently passed another bill, LB1261, that allows private developers to build and own power plants to serve a large industrial customer, including data centers. That bill was proposed by the governor’s office and celebrated by Gov. Jim Pillen.
“Our state is once again taking a bold and strategic step – one that will create an environment that attracts business and multibillion dollar investment, while legally preserving Nebraska’s unique and consumer-friendly public power model,” Pillen said at the time.
At Thursday’s town hall, McKinney called LB1261 “the bogeyman bill.”
“It’s a bill that the governor pushed through the legislature to allow for data centers to create their own power,” McKinney said. “It’s a bill that I stood on the floor and said this is going to harm our communities.”
Nebraska
Hundreds lose power across southeast Nebraska after Thursday morning storm
LINCOLN, Neb. (KOLN) – Hundreds of people are without power in southeast Nebraska after a severe storm passed through Thursday morning.
The Lincoln Electric System outage map showed 115 customers without power across the city at 11:36 a.m.
Norris Public Power District’s outage map also shows 45 customers affected by the storm. As of 11:36 a.m., there were nine active outages.
According to the Nebraska Public Power District outage map, 657 customers were affected by the storm. Most of the affected customers were near Plattsmouth in southeast Nebraska. As of 11:37 a.m., 27 customers remain without power.
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Nebraska
Mandatory evacuation orders for area near Crawford, Fort Robinson
Mandatory evacuations have been ordered near Crawford, including Fort Robinson State Park, as the South Fork Fire continues to spread in western Nebraska.
According to the City of Crawford, evacuations are currently underway for an area north of Crawford that includes the area south of Dodd Road, west of Dodd Road, and FF Street.
Fort Robinson has also been evacuated.
The Nebraska Game and Parks Commission said Fort Robinson State Park and Peterson Wildlife Management Area have been temporarily closed due to the fire.
The fire has burned approximately 9,000 acres and is currently 0% contained, according to the U.S. Forest Service.
Nebraska Game and Parks said the park and the WMA will remain closed until further notice to support firefighting operations and protect public safety.
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