Bill faces one more vote before Pillen says he will sign it

By AARON SANDERFORD&nbsp;AND&nbsp;<a href="https://nebraskaexaminer.com/author/zachwendling/">ZACH WENDLING</a> <a href="https://nebraskaexaminer.com/2023/04/19/nebraska-gives-final-passage-to-concealed-carry-of-handguns-without-permit-or-training/">Nebraska Examiner</a>

LINCOLN — With thousands of Nebraskans watching, including hundreds in person, state lawmakers shoehorned a stricter abortion ban into an already divisive bill to limit gender-affirming care for minors. The proposal is now one step from passage.

Tuesday’s action was the culmination of months of public outcry and legislative fights over the two measures, both of which nearly failed as free-standing bills. But once the bills were&nbsp;<a href="https://nebraskaexaminer.com/2023/05/08/state-lawmakers-to-try-again-to-limit-abortion-rights-pairing-it-with-a-bill-involving-gender-care/">tweaked and combined</a>, backers gained the critical 33rd&nbsp;vote needed to overcome three months of filibustering.

Senators made the rare decision to pull back&nbsp;<a target="_blank" href="https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=49961">Legislative Bill 574</a>&nbsp;on final reading and amend it with changes to the gender-affirming care bill and a more restrictive abortion ban than the 20 weeks from fertilization that is in current state law.

Gov. Jim Pillen, who personally pressed to revive the abortion ban, applauded senators for supporting LB 574 and its “commonsense, conservative values.” Nebraska is one of many red states in recent years that have embraced stricter abortion bans and limits on gender-affirming care.

An emboldened conservative majority combined the proposals in a 33-15 vote while more than 350 people, many of them opposed to both measures, chanted loudly enough from the Rotunda to be heard on the legislative floor. As the bill cleared a key hurdle, opponents watching the debate&nbsp;from the gallery erupted.

“One more vote to save our lives! You can’t debate on human rights,” the crowd chanted, which prompted Lt. Gov. Joe Kelly, the president of the Legislature, to clear both galleries. This was the&nbsp;<a href="https://nebraskaexaminer.com/briefs/woman-who-shouted-shame-following-critical-gun-bill-passage-is-banned-from-nebraska-capitol/">second time this session</a>&nbsp;he had done so.

State Sen. Megan Hunt of Omaha, whose&nbsp;<a href="https://nebraskaexaminer.com/2023/04/26/nebraska-lawmakers-defend-colleague-for-out-of-bounds-conflict-of-interest-complaint/">son is transgender</a>, began crying when she heard the chants from the Rotunda and said her colleagues needed to listen to the crowd. She said calls to suicide hotlines had spiked because of the Legislature’s debates over the gender-affirming care measure.

“You can have at least as much courage as the trans kids and their families out in the Rotunda who have to live every day, who have to go to school, and who by the grace of God get the courage to come here to their state Legislature and say it to you,” Hunt said.

State Sen. Kathleen Kauth, the sponsor of LB 574, said she agreed with the sentiment of the chants, but for a different reason.

“We have one vote to save the lives of children from a lifetime of pain and regret,” Kauth said.

Kauth’s bill would restrict what gender-affirming care minors could receive, including puberty blockers, hormone therapies and genital or non-genital surgeries. People already receiving care by Oct. 1 would be allowed to complete their treatments. No surgeries would be allowed for anyone under 19.

Tuesday’s changes would allow the state’s chief medical officer to prescribe rules and regulations that could allow the medications. Opponents worry that delegating this authority to a gubernatorial appointee would risk a back-door ban on the medications.

State Sen. John Cavanaugh of Omaha filed an amendment that would list specific restrictions on blockers and hormones rather than&nbsp;<a href="https://nebraskaexaminer.com/2023/05/10/final-say-on-nebraska-gender-care-legislation-would-be-delegated-to-executive-appointee-and-dhhs/">delegate</a>&nbsp;the decision to the&nbsp;<a href="https://nebraskaexaminer.com/2023/04/20/eyebrows-raised-over-nebraska-board-of-healths-advocacy-for-bill-banning-gender-affirming-care/#:~:text=Eyebrows%20raised%20over%20Nebraska%20Board,gender%2Daffirming%20care%20%7C%20Nebraska%20Examiner">chief medical officer</a>. It’s unlikely to be adopted, but could be debated during the final reading of the bill.

LB 574 as&nbsp;<a target="_blank" href="https://nebraskalegislature.gov/FloorDocs/108/PDF/AM/AM1658.pdf">amended</a>&nbsp;would ban abortions at 12 weeks gestational age, from the first day of a mother’s last period. The bill contains exceptions for the life of the mother, rape and incest but does not offer exceptions for fetal anomalies, including for conditions incompatible with life.&nbsp;

One of the only chances for opponents to stop LB 574 was to block the amendment that combined the issues, forcing a vote on the bill as-is. Multiple senators had said they might not support the bill without the changes.

<a href="https://nebraskaexaminer.com/2023/03/28/rules-changes-fail-to-curb-partisan-rancor-in-nebraska-legislature/#:~:text=for%20such%20care.-,State%20Sen.,of%20debate%20can%20be%20filed.">Rules changes</a>&nbsp;this session that were intended to weaken the filibuster came into play Tuesday for one of the first times, limiting the number of motions that opponents could use to slow things down. Opponents had hoped to use up the allotted two hours of debate and kill the bill.

Once their major motion failed, opponents tried to use points of order and attempts to overrule several decisions by Kelly, the Legislature’s presiding officer.&nbsp;&nbsp;

What was originally scheduled as a two-hour debate stretched over five hours, as Speaker John Arch of La Vista flexed his ability to press pause on the clock during motions against Kelly.

Those motions were handled differently Tuesday than they were during even the first round of debate on LB 574, where two hours of such motions were counted toward the eight hours of debate.

State Sen. Ben Hansen of Blair, who introduced the amendment combining the two issues, said he didn’t blame opponents for working to block his amendment by running out the clock.

“This is a bill they are very passionate about, and that they don’t like, and they were trying to stop it,” Hansen said. “What you saw was a procedural war, kind of a battlefield of ideas here on the floor. … It’s just that the rules worked out in our favor — that’s just how good government is supposed to work.”

State Sen. Machaela Cavanaugh, as it became clear that the bill would have enough support to be amended, accused the legislative majority of cheating and changing the rules to win.&nbsp;

“Women will die,” she said. “Children are dying. It is your fault. … You do literally have blood on your hands, and if you vote for this, you will have buckets and buckets of blood on your hands.”

Just last month, Montana lawmakers&nbsp;<a target="_blank" href="https://dailymontanan.com/2023/04/26/montana-house-votes-to-discipline-rep-zephyr-ban-from-floor-agenda/">disciplined</a>&nbsp;Democratic state Rep. Zooey Zephyr, who is transgender, for making similar comments. In Nebraska, Cavanaugh faced a&nbsp;<a href="https://nebraskaexaminer.com/2023/03/15/nebraska-lawmaker-threatened-with-censure-for-comparing-legislation-with-genocide/">threat of censure</a>&nbsp;in March for comments about LB 574 and its impact on trans youth, but her words Tuesday prompted no immediate reaction.

State Sen. Steve Erdman of Bayard, chairman of the Legislature’s Rules Committee, said the rules are what 25 senators want them to be.&nbsp;

State Sen. Justin Wayne of Omaha agreed with Erdman but said the Legislature had until recently prided itself on acting differently toward senators in the minority

He said the inconsistent ways the rules were applied risks leaving future Legislatures with the majority deciding on its own how the rules are applied.

“Today is not a good day for Nebraska,” Wayne said. “What happened here today is win at all costs instead of doing what’s best for all Nebraskans.”

The amendment ultimately secured the support of four senators who had criticized parts of the proposals during previous rounds of debate:&nbsp; State Sens. Merv Riepe of Ralston, Tom Brandt of Plymouth, Jana Hughes of Seward and Myron Dorn of Adams.&nbsp;

Riepe provided the 33rd&nbsp;vote needed to overcome a filibuster. Nearly three weeks ago, he&nbsp;<a href="https://nebraskaexaminer.com/2023/04/27/nebraska-abortion-ban-tied-to-cardiac-activity-falls-one-vote-short-20-week-limit-remains-intact/">refused to vote</a>&nbsp;for LB 626, which contained a ban timed to embryonic cardiac activity, which occurs about six weeks into a pregnancy, saying that didn’t give women enough time to act. He kept his deal with conservatives to support a less restrictive ban, although the ultimate agreement would cut off abortions about two weeks sooner than his proposed amendment.&nbsp;

He and Hansen said they would work together next year on trying to add clarifying language that puts to rest any concerns about potential criminal penalties for doctors performing abortions in Nebraska. He also wants to add a risk assessment next year for suicidal pregnant women.

“I want to sweeten this thing, polish it up, make it more workable, make it more reasonable,” he said. “I think it was pretty explosive to put two controversial bills together. It’s like nitroglycerin and something else. It’s unfortunate.”

Hunt said Riepe would be “on an island by yourself” in adding clarifying language on criminal penalties. Machaela Cavanaugh accused Hansen of lying to get Riepe’s support.

John Cavanaugh and others again suggested that the amendment put doctors at risk of being prosecuted. State Sen. Carolyn Bosn of Lincoln, a former Lancaster County prosecutor, said Riepe and others didn’t need to worry about criminal penalties in the bill because there are none. State Sen. Teresa Ibach of Sumner said that the amendment wasn’t perfect but that senators shouldn’t let perfect be the enemy of good.

Opponents pledged to fight the bill during its final two-hour debate, which could come as early as Thursday, and in court, if necessary. Demonstrators&nbsp;against LB 574 said they would keep up their protests. Arch said he had not yet scheduled the bill’s next debate.

Several senators laid groundwork during Tuesday’s debate for likely legal challenges, whether on the State Constitution’s requirement that each bill cover only a single subject, or on the 14th Amendment, which promises “equal protection of the laws.”&nbsp; Bans on gender-affirming care are currently being challenged in nine states.

State Sen. Danielle Conrad of Lincoln, who had served two terms in the Legislature and was term-limited before being elected to a third term, said she was sad to see the officially nonpartisan Legislature succumb to the tone and tenor of national partisan politics.&nbsp;

“I think today was a very sad day where you saw citizens crying out for autonomy and dignity, and you saw the majority bend the rules, if not break the rules, at every turn in order to achieve a desired result,” she said.&nbsp;

Hunt said that would be the legacy of the 2023 legislative session

<figure>
 <img src="https://nebraskaexaminer.com/wp-content/uploads/2023/05/kauth-floor_ZJW_051623-1024x682.jpeg" alt="State Sen. Kathleen Kauth and others await the final vote on LB 574 on Tuesday, May 16, 2023, in Lincoln, Neb. (Zach Wendling/Nebraska Examiner)" />
 <figcaption>State Sen. Kathleen Kauth and others await the final vote on LB 574 on Tuesday, May 16, 2023, in Lincoln, Neb. (Zach Wendling/Nebraska Examiner)</figcaption>
 </figure><h2>Bill faces one more vote before Pillen says he will sign it</h2>By AARON SANDERFORD&nbsp;AND&nbsp;<a href="https://nebraskaexaminer.com/author/zachwendling/">ZACH WENDLING</a> <a href="https://nebraskaexaminer.com/2023/04/19/nebraska-gives-final-passage-to-concealed-carry-of-handguns-without-permit-or-training/">Nebraska Examiner</a>LINCOLN — With thousands of Nebraskans watching, including hundreds in person, state lawmakers shoehorned a stricter abortion ban into an already divisive bill to limit gender-affirming care for minors. The proposal is now one step from passage.Tuesday’s action was the culmination of months of public outcry and legislative fights over the two measures, both of which nearly failed as free-standing bills. But once the bills were&nbsp;<a href="https://nebraskaexaminer.com/2023/05/08/state-lawmakers-to-try-again-to-limit-abortion-rights-pairing-it-with-a-bill-involving-gender-care/">tweaked and combined</a>, backers gained the critical 33rd&nbsp;vote needed to overcome three months of filibustering.Senators made the rare decision to pull back&nbsp;<a target="_blank" href="https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=49961">Legislative Bill 574</a>&nbsp;on final reading and amend it with changes to the gender-affirming care bill and a more restrictive abortion ban than the 20 weeks from fertilization that is in current state law.Gov. Jim Pillen, who personally pressed to revive the abortion ban, applauded senators for supporting LB 574 and its “commonsense, conservative values.” Nebraska is one of many red states in recent years that have embraced stricter abortion bans and limits on gender-affirming care.<h2>‘One more vote to save our lives’</h2>An emboldened conservative majority combined the proposals in a 33-15 vote while more than 350 people, many of them opposed to both measures, chanted loudly enough from the Rotunda to be heard on the legislative floor. As the bill cleared a key hurdle, opponents watching the debate&nbsp;from the gallery erupted.“One more vote to save our lives! You can’t debate on human rights,” the crowd chanted, which prompted Lt. Gov. Joe Kelly, the president of the Legislature, to clear both galleries. This was the&nbsp;<a href="https://nebraskaexaminer.com/briefs/woman-who-shouted-shame-following-critical-gun-bill-passage-is-banned-from-nebraska-capitol/">second time this session</a>&nbsp;he had done so.State Sen. Megan Hunt of Omaha, whose&nbsp;<a href="https://nebraskaexaminer.com/2023/04/26/nebraska-lawmakers-defend-colleague-for-out-of-bounds-conflict-of-interest-complaint/">son is transgender</a>, began crying when she heard the chants from the Rotunda and said her colleagues needed to listen to the crowd. She said calls to suicide hotlines had spiked because of the Legislature’s debates over the gender-affirming care measure.“You can have at least as much courage as the trans kids and their families out in the Rotunda who have to live every day, who have to go to school, and who by the grace of God get the courage to come here to their state Legislature and say it to you,” Hunt said.State Sen. Kathleen Kauth, the sponsor of LB 574, said she agreed with the sentiment of the chants, but for a different reason.“We have one vote to save the lives of children from a lifetime of pain and regret,” Kauth said.<h2>What the bill does</h2>Kauth’s bill would restrict what gender-affirming care minors could receive, including puberty blockers, hormone therapies and genital or non-genital surgeries. People already receiving care by Oct. 1 would be allowed to complete their treatments. No surgeries would be allowed for anyone under 19.Tuesday’s changes would allow the state’s chief medical officer to prescribe rules and regulations that could allow the medications. Opponents worry that delegating this authority to a gubernatorial appointee would risk a back-door ban on the medications.State Sen. John Cavanaugh of Omaha filed an amendment that would list specific restrictions on blockers and hormones rather than&nbsp;<a href="https://nebraskaexaminer.com/2023/05/10/final-say-on-nebraska-gender-care-legislation-would-be-delegated-to-executive-appointee-and-dhhs/">delegate</a>&nbsp;the decision to the&nbsp;<a href="https://nebraskaexaminer.com/2023/04/20/eyebrows-raised-over-nebraska-board-of-healths-advocacy-for-bill-banning-gender-affirming-care/#:~:text=Eyebrows%20raised%20over%20Nebraska%20Board,gender%2Daffirming%20care%20%7C%20Nebraska%20Examiner">chief medical officer</a>. It’s unlikely to be adopted, but could be debated during the final reading of the bill.LB 574 as&nbsp;<a target="_blank" href="https://nebraskalegislature.gov/FloorDocs/108/PDF/AM/AM1658.pdf">amended</a>&nbsp;would ban abortions at 12 weeks gestational age, from the first day of a mother’s last period. The bill contains exceptions for the life of the mother, rape and incest but does not offer exceptions for fetal anomalies, including for conditions incompatible with life.&nbsp;<h2>‘Procedural war’</h2>One of the only chances for opponents to stop LB 574 was to block the amendment that combined the issues, forcing a vote on the bill as-is. Multiple senators had said they might not support the bill without the changes.<a href="https://nebraskaexaminer.com/2023/03/28/rules-changes-fail-to-curb-partisan-rancor-in-nebraska-legislature/#:~:text=for%20such%20care.-,State%20Sen.,of%20debate%20can%20be%20filed.">Rules changes</a>&nbsp;this session that were intended to weaken the filibuster came into play Tuesday for one of the first times, limiting the number of motions that opponents could use to slow things down. Opponents had hoped to use up the allotted two hours of debate and kill the bill.Once their major motion failed, opponents tried to use points of order and attempts to overrule several decisions by Kelly, the Legislature’s presiding officer.&nbsp;&nbsp;What was originally scheduled as a two-hour debate stretched over five hours, as Speaker John Arch of La Vista flexed his ability to press pause on the clock during motions against Kelly.Those motions were handled differently Tuesday than they were during even the first round of debate on LB 574, where two hours of such motions were counted toward the eight hours of debate.State Sen. Ben Hansen of Blair, who introduced the amendment combining the two issues, said he didn’t blame opponents for working to block his amendment by running out the clock.“This is a bill they are very passionate about, and that they don’t like, and they were trying to stop it,” Hansen said. “What you saw was a procedural war, kind of a battlefield of ideas here on the floor. … It’s just that the rules worked out in our favor — that’s just how good government is supposed to work.”<h2>‘Blood on your hands’</h2>State Sen. Machaela Cavanaugh, as it became clear that the bill would have enough support to be amended, accused the legislative majority of cheating and changing the rules to win.&nbsp;“Women will die,” she said. “Children are dying. It is your fault. … You do literally have blood on your hands, and if you vote for this, you will have buckets and buckets of blood on your hands.”Just last month, Montana lawmakers&nbsp;<a target="_blank" href="https://dailymontanan.com/2023/04/26/montana-house-votes-to-discipline-rep-zephyr-ban-from-floor-agenda/">disciplined</a>&nbsp;Democratic state Rep. Zooey Zephyr, who is transgender, for making similar comments. In Nebraska, Cavanaugh faced a&nbsp;<a href="https://nebraskaexaminer.com/2023/03/15/nebraska-lawmaker-threatened-with-censure-for-comparing-legislation-with-genocide/">threat of censure</a>&nbsp;in March for comments about LB 574 and its impact on trans youth, but her words Tuesday prompted no immediate reaction.<h2>Majority rules</h2>State Sen. Steve Erdman of Bayard, chairman of the Legislature’s Rules Committee, said the rules are what 25 senators want them to be.&nbsp;State Sen. Justin Wayne of Omaha agreed with Erdman but said the Legislature had until recently prided itself on acting differently toward senators in the minorityHe said the inconsistent ways the rules were applied risks leaving future Legislatures with the majority deciding on its own how the rules are applied.“Today is not a good day for Nebraska,” Wayne said. “What happened here today is win at all costs instead of doing what’s best for all Nebraskans.”<h2>Riepe’s deal</h2>The amendment ultimately secured the support of four senators who had criticized parts of the proposals during previous rounds of debate:&nbsp; State Sens. Merv Riepe of Ralston, Tom Brandt of Plymouth, Jana Hughes of Seward and Myron Dorn of Adams.&nbsp;Riepe provided the 33rd&nbsp;vote needed to overcome a filibuster. Nearly three weeks ago, he&nbsp;<a href="https://nebraskaexaminer.com/2023/04/27/nebraska-abortion-ban-tied-to-cardiac-activity-falls-one-vote-short-20-week-limit-remains-intact/">refused to vote</a>&nbsp;for LB 626, which contained a ban timed to embryonic cardiac activity, which occurs about six weeks into a pregnancy, saying that didn’t give women enough time to act. He kept his deal with conservatives to support a less restrictive ban, although the ultimate agreement would cut off abortions about two weeks sooner than his proposed amendment.&nbsp;He and Hansen said they would work together next year on trying to add clarifying language that puts to rest any concerns about potential criminal penalties for doctors performing abortions in Nebraska. He also wants to add a risk assessment next year for suicidal pregnant women.“I want to sweeten this thing, polish it up, make it more workable, make it more reasonable,” he said. “I think it was pretty explosive to put two controversial bills together. It’s like nitroglycerin and something else. It’s unfortunate.”Hunt said Riepe would be “on an island by yourself” in adding clarifying language on criminal penalties. Machaela Cavanaugh accused Hansen of lying to get Riepe’s support.<h2>Seeding legal challenges</h2>John Cavanaugh and others again suggested that the amendment put doctors at risk of being prosecuted. State Sen. Carolyn Bosn of Lincoln, a former Lancaster County prosecutor, said Riepe and others didn’t need to worry about criminal penalties in the bill because there are none. State Sen. Teresa Ibach of Sumner said that the amendment wasn’t perfect but that senators shouldn’t let perfect be the enemy of good.Opponents pledged to fight the bill during its final two-hour debate, which could come as early as Thursday, and in court, if necessary. Demonstrators&nbsp;against LB 574 said they would keep up their protests. Arch said he had not yet scheduled the bill’s next debate.Several senators laid groundwork during Tuesday’s debate for likely legal challenges, whether on the State Constitution’s requirement that each bill cover only a single subject, or on the 14th Amendment, which promises “equal protection of the laws.”&nbsp; Bans on gender-affirming care are currently being challenged in nine states.State Sen. Danielle Conrad of Lincoln, who had served two terms in the Legislature and was term-limited before being elected to a third term, said she was sad to see the officially nonpartisan Legislature succumb to the tone and tenor of national partisan politics.&nbsp;“I think today was a very sad day where you saw citizens crying out for autonomy and dignity, and you saw the majority bend the rules, if not break the rules, at every turn in order to achieve a desired result,” she said.&nbsp;Hunt said that would be the legacy of the 2023 legislative session

Nebraska merges abortion, gender-affirming care measures into single bill

NEW YORK (AP) — An infant formula recalled over potential bacteria contamination was distributed to retailers across eight states after the recall began, according to a release published by the U.S. Food and Drug Administration this week.

<a href="https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/perrigo-announces-voluntary-recall-limited-quantity-gerberr-good-startr-sootheprotm-powdered-infant">Click here to read </a>the recall

Perrigo Co. issued a voluntary March recall of certain lots of its Gerber Good Start SoothePro Powdered Infant Formula “out of an abundance of caution” due to the possible presence of Cronobacter sakazakii, a germ that can cause serious or deadly infections in infants.

The recall includes Gerber Good Start formula manufactured between Jan. 2 and Jan. 18 at the Perrigo’s Eau Claire, Wisconsin, facility. The recalled formula was sold in three different sizes at retailers nationwide, according to a March 17 recall notice.

Cooperative food wholesaler Associated Wholesale Grocers, however, distributed the 12.4-ounce version of the recalled product to its Nashville Division retailers after Perrigo's initial recall notice was published.

As a result, the recalled product was distributed to supermarkets across Alabama, Georgia, Indiana, Kentucky, Ohio, Tennessee, Virginia and West Virginia, according to Associated Wholesale Grocers.

The wholesaler is urging consumers who purchased Gerber Good Start formula at impacted locations to check their products. The recalled formula sold beyond the start of the recall can be identified by its&nbsp;<a href="https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/associated-wholesale-grocers-inc-releasing-notice-due-recalled-infant-formula-being-distributed-its">lot codes</a>&nbsp;and “use by” dates — which range from July 4, 2024 to July 12, 2024.

“Any consumers who purchased product with matching codes should discontinue use and dispose of the product,” Associated Wholesale Grocers' Saturday notice reads, adding that consumers can request a refund by contacting the Gerber Parent Resource Center on behalf of Perrigo.

In a statement to The Associated Press on Tuesday, Perrigo said that the company informed all customers at the time of the March recall.

The company added that “no Cronobacter sakazakii bacteria has been found in any product distributed for sale and no adverse events have been reported.”

Associated Wholesale Grocers did not return calls for comment.

Infections caused by Cronobacter sakazakii are rare, but they&nbsp;<a href="https://apnews.com/article/infant-formula-cronobacter-breast-pump-1f58e60535817837ff04435c065cfdfb">can be life-threatening for newborns</a>, the Centers for Disease Control and Prevention writes — noting that the bacteria can cause sepsis and meningitis.

Cronobacter sakazakii was same germ that&nbsp;<a href="https://apnews.com/article/science-business-health-michigan-sturgis-a44d06262482d776ae465e0d22382d2d">sparked Abbott Nutrition’s recall</a>&nbsp;and following nationwide shortage of powdered infant formula last year. According to the FDA and CDC, Cronobacter sakazkii is found naturally in the environment and is “particularly good” at surviving in dry foods like infant formula — which can get contaminated at home or in processing facilities.

“There are steps that people can take to prevent infections,” Dr. Julia Haston, a CDC expert in pediatric infectious diseases,&nbsp;<a href="https://apnews.com/article/irs-income-tax-free-electronic-filing-option-700e54251a39791091966bc0b356d342">previosuly told The Associated Press</a>&nbsp;— including thoroughly washing, sanitizing and drying hands, equipment and all surfaces before feeding a baby.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/5/1684272100029.png" alt="Photo FDA" />
 <figcaption>Photo FDA</figcaption>
 </figure>NEW YORK (AP) — An infant formula recalled over potential bacteria contamination was distributed to retailers across eight states after the recall began, according to a release published by the U.S. Food and Drug Administration this week.<a href="https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/perrigo-announces-voluntary-recall-limited-quantity-gerberr-good-startr-sootheprotm-powdered-infant">Click here to read </a>the recallPerrigo Co. issued a voluntary March recall of certain lots of its Gerber Good Start SoothePro Powdered Infant Formula “out of an abundance of caution” due to the possible presence of Cronobacter sakazakii, a germ that can cause serious or deadly infections in infants.The recall includes Gerber Good Start formula manufactured between Jan. 2 and Jan. 18 at the Perrigo’s Eau Claire, Wisconsin, facility. The recalled formula was sold in three different sizes at retailers nationwide, according to a March 17 recall notice.Cooperative food wholesaler Associated Wholesale Grocers, however, distributed the 12.4-ounce version of the recalled product to its Nashville Division retailers after Perrigo's initial recall notice was published.As a result, the recalled product was distributed to supermarkets across Alabama, Georgia, Indiana, Kentucky, Ohio, Tennessee, Virginia and West Virginia, according to Associated Wholesale Grocers.The wholesaler is urging consumers who purchased Gerber Good Start formula at impacted locations to check their products. The recalled formula sold beyond the start of the recall can be identified by its&nbsp;<a href="https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/associated-wholesale-grocers-inc-releasing-notice-due-recalled-infant-formula-being-distributed-its">lot codes</a>&nbsp;and “use by” dates — which range from July 4, 2024 to July 12, 2024.“Any consumers who purchased product with matching codes should discontinue use and dispose of the product,” Associated Wholesale Grocers' Saturday notice reads, adding that consumers can request a refund by contacting the Gerber Parent Resource Center on behalf of Perrigo.In a statement to The Associated Press on Tuesday, Perrigo said that the company informed all customers at the time of the March recall.The company added that “no Cronobacter sakazakii bacteria has been found in any product distributed for sale and no adverse events have been reported.”Associated Wholesale Grocers did not return calls for comment.Infections caused by Cronobacter sakazakii are rare, but they&nbsp;<a href="https://apnews.com/article/infant-formula-cronobacter-breast-pump-1f58e60535817837ff04435c065cfdfb">can be life-threatening for newborns</a>, the Centers for Disease Control and Prevention writes — noting that the bacteria can cause sepsis and meningitis.Cronobacter sakazakii was same germ that&nbsp;<a href="https://apnews.com/article/science-business-health-michigan-sturgis-a44d06262482d776ae465e0d22382d2d">sparked Abbott Nutrition’s recall</a>&nbsp;and following nationwide shortage of powdered infant formula last year. According to the FDA and CDC, Cronobacter sakazkii is found naturally in the environment and is “particularly good” at surviving in dry foods like infant formula — which can get contaminated at home or in processing facilities.“There are steps that people can take to prevent infections,” Dr. Julia Haston, a CDC expert in pediatric infectious diseases,&nbsp;<a href="https://apnews.com/article/irs-income-tax-free-electronic-filing-option-700e54251a39791091966bc0b356d342">previosuly told The Associated Press</a>&nbsp;— including thoroughly washing, sanitizing and drying hands, equipment and all surfaces before feeding a baby.

Recalled Gerber baby formula was sent to US retailers after recall began

WASHINGTON (AP) — An unknown man managed to slip undetected inside the home of White House national security adviser&nbsp;<a href="https://apnews.com/hub/jake-sullivan">Jake Sullivan</a>, according to two people familiar with the incident. The U.S. Secret Service is investigating.

The door was apparently unlocked, and the intruder was able to get inside Sullivan's home around 3 a.m. last month, the people said. Secret Service is investigating whether the person intentionally went into the home or whether it was some kind of accident; the person appeared to be intoxicated, the people said. The people were not authorized to talk about an ongoing investigation and spoke to The Associated Press on condition of anonymity.

Sullivan has round-the-clock security. But the agents stationed outside his home did not know that the unknown male accessed inside the Washington home until the man had already gone. Sullivan came outside and told them, the people said.

Security is always a top concern for high-level government officials, but there's been a more palpable sense of anxiety in recent years&nbsp;<a href="https://apnews.com/article/donald-trump-san-francisco-nancy-pelosi-congress-government-and-politics-b8a3fb8b3e6f491fcfb16e155b877427">as threats to lawmakers and officials are on the rise</a>. The husband of House Speaker Nancy Pelosi was attacked and severely beaten with a hammer by an assailant who&nbsp;<a href="https://apnews.com/article/paul-pelosi-assaulted-156ece77186eb11b97260af3c5122f67">broke into the couple’s San Francisco in October.</a>

There was no evidence that the person meant to harm Sullivan or even knew him. The Washington Post first reported the breach.

Meanwhile, additional security measures have been put in place outside Sullivan's home as a precaution while a review is conducted.

The U.S. Secret Service said in a statement that it was “examining a security incident that took place at a protectee site.”

“While the protectee was unharmed, we are taking this matter seriously and have opened a comprehensive mission assurance investigation to review all facets of what occurred," according to the statement.

Any deviation from protocol was unacceptable, the Secret Service said.

Certain members of President Joe Biden's administration get a Secret Service security detail which means their homes are guarded and they receive protection as they move throughout their days outside the White House; it depends on a range of factors including the type of job and whether threats have been made.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/2/1676938829757.png" alt="In February Jake Sullivan joined President Biden on the train from Kyiv to Poland during the surprise visit -White House pool photo" />
 <figcaption>In February Jake Sullivan joined President Biden on the train from Kyiv to Poland during the surprise visit -White House pool photo</figcaption>
 </figure>WASHINGTON (AP) — An unknown man managed to slip undetected inside the home of White House national security adviser&nbsp;<a href="https://apnews.com/hub/jake-sullivan">Jake Sullivan</a>, according to two people familiar with the incident. The U.S. Secret Service is investigating.The door was apparently unlocked, and the intruder was able to get inside Sullivan's home around 3 a.m. last month, the people said. Secret Service is investigating whether the person intentionally went into the home or whether it was some kind of accident; the person appeared to be intoxicated, the people said. The people were not authorized to talk about an ongoing investigation and spoke to The Associated Press on condition of anonymity.Sullivan has round-the-clock security. But the agents stationed outside his home did not know that the unknown male accessed inside the Washington home until the man had already gone. Sullivan came outside and told them, the people said.Security is always a top concern for high-level government officials, but there's been a more palpable sense of anxiety in recent years&nbsp;<a href="https://apnews.com/article/donald-trump-san-francisco-nancy-pelosi-congress-government-and-politics-b8a3fb8b3e6f491fcfb16e155b877427">as threats to lawmakers and officials are on the rise</a>. The husband of House Speaker Nancy Pelosi was attacked and severely beaten with a hammer by an assailant who&nbsp;<a href="https://apnews.com/article/paul-pelosi-assaulted-156ece77186eb11b97260af3c5122f67">broke into the couple’s San Francisco in October.</a>There was no evidence that the person meant to harm Sullivan or even knew him. The Washington Post first reported the breach.Meanwhile, additional security measures have been put in place outside Sullivan's home as a precaution while a review is conducted.The U.S. Secret Service said in a statement that it was “examining a security incident that took place at a protectee site.”“While the protectee was unharmed, we are taking this matter seriously and have opened a comprehensive mission assurance investigation to review all facets of what occurred," according to the statement.Any deviation from protocol was unacceptable, the Secret Service said.Certain members of President Joe Biden's administration get a Secret Service security detail which means their homes are guarded and they receive protection as they move throughout their days outside the White House; it depends on a range of factors including the type of job and whether threats have been made.

Secret Service blunder at Biden's national security adviser’s home 

BACA COUNTY —Law enforcement authorities are investigating a&nbsp; driver, who was pulled over for speeding and tried to switch places with his dog to avoid arrest.

Just 11:30 p.m. Sunday, police conducted a traffic stop on a vehicle traveling at 52 miles per hour in a posted 30 mile per hour zone near 7th and Main Street, according to a media release from Springfield Colorado Police.

 The driver attempted to switch places with his dog who was in the passenger seat, as the officer approached and watched the entire process. 

The man then exited the passenger side of the vehicle and claimed he was not driving. The man showed clear signs of intoxication and when asked about his alcohol consumption he ran from the officer. 

The officer apprehended the driver quickly within about 20 yards of the vehicle. It was discovered that he was driving from Las Animas to Pueblo and got lost in Springfield. 

The man also was found to have two active warrants for his arrest out of Pueblo. The Baca County Sheriff's deputies arrived and assisted with the incident and the man party was medically cleared at the hospital and then booked into the Baca County Jail for his warrants and requested charges of Driving under the influence of alcohol and/or drugs, Driving while ability impaired, driving under suspension, speeding 20-24 over, and resisting arrest. 

The dog was given to an acquaintance of the driver to take care of while the man was in jail. The police department also reported, "the dog does not face any charges and was let go with just a warning." Springfield is located approximately two hours west of Garden City, Kansas.&nbsp;&nbsp;

BACA COUNTY —Law enforcement authorities are investigating a&nbsp; driver, who was pulled over for speeding and tried to switch places with his dog to avoid arrest.Just 11:30 p.m. Sunday, police conducted a traffic stop on a vehicle traveling at 52 miles per hour in a posted 30 mile per hour zone near 7th and Main Street, according to a media release from Springfield Colorado Police. The driver attempted to switch places with his dog who was in the passenger seat, as the officer approached and watched the entire process. The man then exited the passenger side of the vehicle and claimed he was not driving. The man showed clear signs of intoxication and when asked about his alcohol consumption he ran from the officer. The officer apprehended the driver quickly within about 20 yards of the vehicle. It was discovered that he was driving from Las Animas to Pueblo and got lost in Springfield. The man also was found to have two active warrants for his arrest out of Pueblo. The Baca County Sheriff's deputies arrived and assisted with the incident and the man party was medically cleared at the hospital and then booked into the Baca County Jail for his warrants and requested charges of Driving under the influence of alcohol and/or drugs, Driving while ability impaired, driving under suspension, speeding 20-24 over, and resisting arrest. The dog was given to an acquaintance of the driver to take care of while the man was in jail. The police department also reported, "the dog does not face any charges and was let go with just a warning." Springfield is located approximately two hours west of Garden City, Kansas.&nbsp;&nbsp;

Driver tries to trade places with dog to avoid DUI arrest

KANSAS CITY (AP)—Jackson Mahomes, the brother of Kansas City Chiefs quarterback Patrick Mahomes, grabbed a woman by the neck and kissed her against her will three times earlier this year, according to new information in an affidavit.

Mahomes was&nbsp;<a href="https://apnews.com/article/patrick-mahomes-brother-charges-chiefs-812506d230c0964df8ff7feecf4c359f">charged</a>&nbsp;with three counts of aggravated sexual battery and one count of battery after the incident at Aspens Restaurant and Lounge in Overland Park, Kansas, on Feb. 25.

During a brief hearing on Tuesday, a Johnson County judge agreed to Mahomes' request to have his bond agreement modified so he could talk to three of four people listed as witnesses, who are his friends.

Mahomes declined to comment before and after Tuesday's hearing. He has been free after posting $100,000 bond.

The hearing came a day after a redacted affidavit provided more details of the alleged assault on the restaurant's owner, Aspen Vaugh.

Investigators said Mahomes shoved a waiter at the restaurant who tried to come into a room where he was with Vaughn. After the waiter left, Mahomes grabbed her by the throat and forcefully kissed her three different times without her consent, according to the court document.

She told police Mahomes was a friend of her stepdaughter and had caused trouble and been asked to leave the restaurant in the past.

According to the affidavit, two servers in the area did not hear her call for help but later confirmed that she told them about the assault and showed them a bruise on her neck.

Mahomes, who is a social media influencer on TikTok and Instagram, asked Vaughn not to tell anyone what happened and then said he could help her business because he has a “large social media following,” investigators said.

Vaughn's boyfriend came to the restaurant and, after finding out what happened, ordered Mahomes and his friends to leave.

At Tuesday's hearing, Johnson County District Judge Thomas M. Sutherland said Mahomes could not speak to one of the witnesses, who had direct knowledge of the incident. He warned the other three witnesses they could not talk to Mahomes about the case, Kansas City media reported.

Mahomes' preliminary hearing is scheduled for Aug. 31.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/5/1684270297047.png" alt="Mahomes was&nbsp;<a href="https://apnews.com/article/patrick-mahomes-brother-charges-chiefs-812506d230c0964df8ff7feecf4c359f">charged</a>&nbsp;with three counts of aggravated sexual battery and one count of battery after the incident at Aspens Restaurant and Lounge in Overland Park, Kansas, on Feb. 25.&nbsp;photo AP" />
 <figcaption>Mahomes was&nbsp;<a href="https://apnews.com/article/patrick-mahomes-brother-charges-chiefs-812506d230c0964df8ff7feecf4c359f">charged</a>&nbsp;with three counts of aggravated sexual battery and one count of battery after the incident at Aspens Restaurant and Lounge in Overland Park, Kansas, on Feb. 25.&nbsp;photo AP</figcaption>
 </figure>KANSAS CITY (AP)—Jackson Mahomes, the brother of Kansas City Chiefs quarterback Patrick Mahomes, grabbed a woman by the neck and kissed her against her will three times earlier this year, according to new information in an affidavit.Mahomes was&nbsp;<a href="https://apnews.com/article/patrick-mahomes-brother-charges-chiefs-812506d230c0964df8ff7feecf4c359f">charged</a>&nbsp;with three counts of aggravated sexual battery and one count of battery after the incident at Aspens Restaurant and Lounge in Overland Park, Kansas, on Feb. 25.During a brief hearing on Tuesday, a Johnson County judge agreed to Mahomes' request to have his bond agreement modified so he could talk to three of four people listed as witnesses, who are his friends.Mahomes declined to comment before and after Tuesday's hearing. He has been free after posting $100,000 bond.The hearing came a day after a redacted affidavit provided more details of the alleged assault on the restaurant's owner, Aspen Vaugh.Investigators said Mahomes shoved a waiter at the restaurant who tried to come into a room where he was with Vaughn. After the waiter left, Mahomes grabbed her by the throat and forcefully kissed her three different times without her consent, according to the court document.She told police Mahomes was a friend of her stepdaughter and had caused trouble and been asked to leave the restaurant in the past.According to the affidavit, two servers in the area did not hear her call for help but later confirmed that she told them about the assault and showed them a bruise on her neck.Mahomes, who is a social media influencer on TikTok and Instagram, asked Vaughn not to tell anyone what happened and then said he could help her business because he has a “large social media following,” investigators said.Vaughn's boyfriend came to the restaurant and, after finding out what happened, ordered Mahomes and his friends to leave.At Tuesday's hearing, Johnson County District Judge Thomas M. Sutherland said Mahomes could not speak to one of the witnesses, who had direct knowledge of the incident. He warned the other three witnesses they could not talk to Mahomes about the case, Kansas City media reported.Mahomes' preliminary hearing is scheduled for Aug. 31.

Affidavit: Mahomes grabbed woman's neck, kissed her 3 times without consent

By JENNIFER SHUTT <a href="https://kansasreflector.com/2023/03/30/u-s-judge-rules-insurers-dont-have-to-cover-many-free-preventive-health-services/">States Newsroom</a>

&nbsp;WASHINGTON — The federal government could default on its debt during the first two weeks of June without action on bipartisan legislation, according to the Congressional Budget Office.

The nonpartisan budget scorekeeper issued<a target="_blank" href="https://www.cbo.gov/system/files/2023-05/59096-Budget-Outlook.pdf">&nbsp;an updated report&nbsp;</a>Friday, warning that “if the debt limit remains unchanged, there is a significant risk that at some point in the first two weeks of June, the government will no longer be able to pay all of its obligations.”

The projection lines up with an estimate from the Treasury Department, which&nbsp;<a target="_blank" href="https://www.newsfromthestates.com/article/us-could-default-early-june-1-if-congress-fails-act-warns-treasury-secretary-yellen">says</a>&nbsp;default could occur as soon as June 1, and the Bipartisan Policy Center, which&nbsp;<a target="_blank" href="https://www.newsfromthestates.com/article/bipartisan-group-projects-us-default-soon-early-june-citing-quite-low-cash-flows">projects</a>&nbsp;a default window between early June and early August.

The Congressional Budget Office’s estimate adds more pressure on congressional leaders and President Joe Biden to broker a deal in the days ahead, in order to give the U.S. House and U.S. Senate time to debate and vote on the measure.

Biden and the four top congressional leaders&nbsp;<a target="_blank" href="https://www.newsfromthestates.com/article/biden-and-congressional-leaders-fail-reach-debt-limit-deal-will-meet-again-friday">met at the White House last Tuesday</a>, though neither side reported significant progress following the meeting.

Staff and aides for the five have been meeting daily since, searching for a path forward.

Biden, Senate Majority Leader Chuck Schumer, Senate Minority Leader Mitch McConnell, Speaker Kevin McCarthy and House Minority Leader Hakeem Jeffries were supposed to get back together Friday, but the meeting was canceled. White House press secretary Karine Jean-Pierre said Friday they intend to meet again early next week.

Congress has just one week left this month in which both chambers are scheduled to be in Washington, D.C. Biden is set to leave next week for the G7 Summit in Hiroshima, Japan, beginning May 19.

CBO’s projections, included in the updated 10-year budget outlook, say that without changes to current law, the annual deficit will nearly double during the next 10 years to $2.7 trillion in 2033.

“As a result of those deficits, debt held by the public also increases in CBO’s projections, from 98 percent of GDP at the end of this year to 119 percent at the end of 2033,” CBO wrote. “At that time, debt measured as a share of GDP would reach the highest level ever recorded in the United States and would be on track to rise even further.”

CBO notes that debt held by the public would be $46.7 trillion at the end of 2033. That’s an increase from $24.3 trillion in debt held by the public at the end of 2022.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/2/1675821152681.png" alt="The Congressional Budget Office’s estimate adds more pressure on congressional leaders and President Joe Biden to broker a deal in the days ahead, in order to give the U.S. House and U.S. Senate time to debate and vote on the measure. Image courtesy CSPAN" />
 <figcaption>The Congressional Budget Office’s estimate adds more pressure on congressional leaders and President Joe Biden to broker a deal in the days ahead, in order to give the U.S. House and U.S. Senate time to debate and vote on the measure. Image courtesy CSPAN</figcaption>
 </figure>By JENNIFER SHUTT <a href="https://kansasreflector.com/2023/03/30/u-s-judge-rules-insurers-dont-have-to-cover-many-free-preventive-health-services/">States Newsroom</a>&nbsp;WASHINGTON — The federal government could default on its debt during the first two weeks of June without action on bipartisan legislation, according to the Congressional Budget Office.The nonpartisan budget scorekeeper issued<a target="_blank" href="https://www.cbo.gov/system/files/2023-05/59096-Budget-Outlook.pdf">&nbsp;an updated report&nbsp;</a>Friday, warning that “if the debt limit remains unchanged, there is a significant risk that at some point in the first two weeks of June, the government will no longer be able to pay all of its obligations.”The projection lines up with an estimate from the Treasury Department, which&nbsp;<a target="_blank" href="https://www.newsfromthestates.com/article/us-could-default-early-june-1-if-congress-fails-act-warns-treasury-secretary-yellen">says</a>&nbsp;default could occur as soon as June 1, and the Bipartisan Policy Center, which&nbsp;<a target="_blank" href="https://www.newsfromthestates.com/article/bipartisan-group-projects-us-default-soon-early-june-citing-quite-low-cash-flows">projects</a>&nbsp;a default window between early June and early August.The Congressional Budget Office’s estimate adds more pressure on congressional leaders and President Joe Biden to broker a deal in the days ahead, in order to give the U.S. House and U.S. Senate time to debate and vote on the measure.Biden and the four top congressional leaders&nbsp;<a target="_blank" href="https://www.newsfromthestates.com/article/biden-and-congressional-leaders-fail-reach-debt-limit-deal-will-meet-again-friday">met at the White House last Tuesday</a>, though neither side reported significant progress following the meeting.Staff and aides for the five have been meeting daily since, searching for a path forward.Biden, Senate Majority Leader Chuck Schumer, Senate Minority Leader Mitch McConnell, Speaker Kevin McCarthy and House Minority Leader Hakeem Jeffries were supposed to get back together Friday, but the meeting was canceled. White House press secretary Karine Jean-Pierre said Friday they intend to meet again early next week.Congress has just one week left this month in which both chambers are scheduled to be in Washington, D.C. Biden is set to leave next week for the G7 Summit in Hiroshima, Japan, beginning May 19.CBO’s projections, included in the updated 10-year budget outlook, say that without changes to current law, the annual deficit will nearly double during the next 10 years to $2.7 trillion in 2033.“As a result of those deficits, debt held by the public also increases in CBO’s projections, from 98 percent of GDP at the end of this year to 119 percent at the end of 2033,” CBO wrote. “At that time, debt measured as a share of GDP would reach the highest level ever recorded in the United States and would be on track to rise even further.”CBO notes that debt held by the public would be $46.7 trillion at the end of 2033. That’s an increase from $24.3 trillion in debt held by the public at the end of 2022.

U.S. risks debt default in early June, congressional budget office agrees

By Paul Hamel <a href="https://nebraskaexaminer.com/2022/02/08/state-approved-use-of-pesticide-coated-seed-corn-for-ethanol-plant-a-decade-ago/">Nebraska Examiner</a>

LINCOLN — Both Omaha and Lincoln are looking to the state to help them attract more, and bigger, conventions.

An omnibus tax bill up for debate Tuesday in the Nebraska Legislature would expand the state’s turnback tax law to help a possible expansion of convention space at Omaha’s CHI Health Center Arena and the construction of a convention center in downtown Lincoln.

There are also proposed turnback tax benefits to help finance and promote Omaha’s new Steelhouse concert venue and the Astro Theater concert complex in La Vista.

Right now, officials say, Omaha is losing out on larger conventions because the 20-year-old CHI Center has only&nbsp;346,000 square feet of convention space and 16 breakout rooms for smaller meetings.

Larger space needed for larger conventions

“The majority of the cities we compete with have well over 500,000 square feet of convention space, so if we want to remain competitive, we need to expand,” said Deb Ward, executive director of the Omaha Convention and Visitors Bureau.

In Lincoln, a broader turnback tax law would be used to help finance a $60 million downtown convention center, possibly near the Cornhusker Hotel or at the current site of the downtown post office.

The state tax help for convention centers is part of Legislative Bill 727, into which 20 some other bills were amended.

The whopper bill — so comprehensive that a briefing for senators is scheduled Tuesday morning to explain it — includes some novel proposals for the state, including:

While promoters of the multi-faceted bill say it’s filled with job-creating, lifestyle-improving and, in the case of Nebraska Crossing, &nbsp;transformational tourist-attracting proposals, others aren’t so sure.

The Lincoln-based OpenSky Policy Institute, in an analysis Monday, estimated that the many-faceted LB 727 could cost $50 million over the next two years, taking away funds that could be used for education and training programs to address the state’s workforce shortage.

Combined with income- and property-tax relief measures, OpenSky said the bill “could create challenges for future Legislatures tasked with passing a balanced budget in an economic downturn.”

Significant changes in the state’s turnback tax policy — which helped finance the CHI Health Center Arena in Omaha, Pinnacle Bank Arena in Lincoln and the Ralston Arena — are just a part of an&nbsp;<a target="_blank" href="https://nebraskalegislature.gov/FloorDocs/108/PDF/AM/AM1396.pdf">amendment posted to LB 727 on Monday.</a>

Currently, the turnback tax law allows state sales taxes paid at the arenas and at nearby hotels to be “turned back” to help finance the complexes.

But under LB 727, the turnback would be broadened in Omaha and Lincoln to capture state sales taxes paid on meals, drinks and other retail purchases within 600 yards of the arenas. (The Ralston Arena already gets this retail turnback, unlike Omaha and Lincoln.)

In Omaha, the expansion would capture sales in portions of the Old Market area, as well as at bars and restaurants in the “NoDo” area north of downtown Omaha.

Last year, the turnback law was expanded to allow financing of a possible new parking garage near the CHI Center.

This year’s bill expands the law further, permitting turnback funds to be used for “repairing” and “replacing” portions of the Omaha and Lincoln arenas.

Would help smaller, private facilities as well

Under LB 727, turnback funds could be used to finance bonds used to pay for smaller, privately owned concert venues, such as Steelhouse, and could be used for parking structures and promotional efforts at the Omaha concert hall and the Astro Theater.

LB 727 would also allow turnback funds for a new Lincoln convention center that is under discussion.

Lincoln Sen. Eliot Bostar, during a public hearing on the Lincoln convention center bill, said it is projected to host 200 events each year, generating new spending, personal income, job creation and tax revenues of about $18.5 million a year.

Kristyna Engdahl of the Metropolitan Entertainment and Convention Authority, which operates the CHI Center, said discussions about possible expansion of convention space are underway but not ready for public release.

But, she said, broadening the state’s turnback tax law would help such a project.

When asked about using turnback funds to upgrade existing facilities at the CHI Center, Engdahl said that about $20 million in improvements, including new seats, have been made in the past six years. The facility, she said, still gets rave reviews, but the bill would allow turnback funds for upgrades.

Jack Cheloha, who lobbies for the City of Omaha, said that the turnback law has been updated more than once since it was passed in 1999 and that LB 727 would help expand and keep the Omaha arena top-notch.

“We’re going on 20 years of hosting many millions of people through the doors. It’s time for remodeling and refurbishing,” he said.

Expanding the convention center in Omaha, Ward said, would allow the city to compete for larger conventions.

Expanding the turnback tax area, she added, would also help communities outside Omaha and Lincoln, because 30% of the taxes collected go toward community centers and other projects in those towns and cities

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/5/1684249946811.png" alt=" State sales taxes paid at hotels and retailers near Omaha’s CHI Health Center help finance grants awarded every year to projects in communities across the state. (Courtesy of Metropolitan Entertainment &amp; Convention Authority)" />
 <figcaption> State sales taxes paid at hotels and retailers near Omaha’s CHI Health Center help finance grants awarded every year to projects in communities across the state. (Courtesy of Metropolitan Entertainment &amp; Convention Authority)</figcaption>
 </figure>By Paul Hamel <a href="https://nebraskaexaminer.com/2022/02/08/state-approved-use-of-pesticide-coated-seed-corn-for-ethanol-plant-a-decade-ago/">Nebraska Examiner</a>LINCOLN — Both Omaha and Lincoln are looking to the state to help them attract more, and bigger, conventions.An omnibus tax bill up for debate Tuesday in the Nebraska Legislature would expand the state’s turnback tax law to help a possible expansion of convention space at Omaha’s CHI Health Center Arena and the construction of a convention center in downtown Lincoln.There are also proposed turnback tax benefits to help finance and promote Omaha’s new Steelhouse concert venue and the Astro Theater concert complex in La Vista.Right now, officials say, Omaha is losing out on larger conventions because the 20-year-old CHI Center has only&nbsp;346,000 square feet of convention space and 16 breakout rooms for smaller meetings.<h2>Larger space needed for larger conventions</h2>“The majority of the cities we compete with have well over 500,000 square feet of convention space, so if we want to remain competitive, we need to expand,” said Deb Ward, executive director of the Omaha Convention and Visitors Bureau.In Lincoln, a broader turnback tax law would be used to help finance a $60 million downtown convention center, possibly near the Cornhusker Hotel or at the current site of the downtown post office.The state tax help for convention centers is part of Legislative Bill 727, into which 20 some other bills were amended.The whopper bill — so comprehensive that a briefing for senators is scheduled Tuesday morning to explain it — includes some novel proposals for the state, including:<ul>
 <li>Providing tax breaks for Gretna’s Nebraska Crossing shopping mall and similar malls for expansion to&nbsp;<a href="https://nebraskaexaminer.com/2023/04/24/omnibus-bill-aims-to-help-make-nebraska-crossing-a-mecca-for-retail-tourism/">attract new-to-Nebraska retailers</a>&nbsp;and out-of-state shoppers to so-called “Good Life Districts.”&nbsp;State incentives for retail development haven’t been given in the past out of concerns that jobs at malls don’t pay well or don’t last long and that a new mall simply &nbsp;shifts retail spending, it doesn’t increase it.&nbsp;But its main sponsor, State Sen. Lou Ann Linehan, said the goal is to attract “retail tourists” from out of state, creating new tax revenue.</li><li>Allowing bond-financing of highway construction. That would overturn decades of practice in Nebraska to “pay-as-you-go,”&nbsp; and not borrow and assume debt, when it comes to state road improvements.&nbsp;The idea was opposed by past governors, but it is backed by Gov. Jim Pillen, whose hometown of Columbus has been waiting for years to get four-lane expressways that connect it with Omaha and Interstate 80 at York.</li><li>Allowing funds from state college savings plans to be used to pay for tuition at private, K-12 schools, another break from past practice.</li><li>Adding nicotine vaping devices to the tax rolls so they are taxed somewhat like tobacco.</li>
 </ul><h2>Too many tax giveaways?</h2>While promoters of the multi-faceted bill say it’s filled with job-creating, lifestyle-improving and, in the case of Nebraska Crossing, &nbsp;transformational tourist-attracting proposals, others aren’t so sure.The Lincoln-based OpenSky Policy Institute, in an analysis Monday, estimated that the many-faceted LB 727 could cost $50 million over the next two years, taking away funds that could be used for education and training programs to address the state’s workforce shortage.Combined with income- and property-tax relief measures, OpenSky said the bill “could create challenges for future Legislatures tasked with passing a balanced budget in an economic downturn.”Significant changes in the state’s turnback tax policy — which helped finance the CHI Health Center Arena in Omaha, Pinnacle Bank Arena in Lincoln and the Ralston Arena — are just a part of an&nbsp;<a target="_blank" href="https://nebraskalegislature.gov/FloorDocs/108/PDF/AM/AM1396.pdf">amendment posted to LB 727 on Monday.</a>Currently, the turnback tax law allows state sales taxes paid at the arenas and at nearby hotels to be “turned back” to help finance the complexes.But under LB 727, the turnback would be broadened in Omaha and Lincoln to capture state sales taxes paid on meals, drinks and other retail purchases within 600 yards of the arenas. (The Ralston Arena already gets this retail turnback, unlike Omaha and Lincoln.)In Omaha, the expansion would capture sales in portions of the Old Market area, as well as at bars and restaurants in the “NoDo” area north of downtown Omaha.Last year, the turnback law was expanded to allow financing of a possible new parking garage near the CHI Center.This year’s bill expands the law further, permitting turnback funds to be used for “repairing” and “replacing” portions of the Omaha and Lincoln arenas.<h2>Would help smaller, private facilities as well</h2>Under LB 727, turnback funds could be used to finance bonds used to pay for smaller, privately owned concert venues, such as Steelhouse, and could be used for parking structures and promotional efforts at the Omaha concert hall and the Astro Theater.LB 727 would also allow turnback funds for a new Lincoln convention center that is under discussion.Lincoln Sen. Eliot Bostar, during a public hearing on the Lincoln convention center bill, said it is projected to host 200 events each year, generating new spending, personal income, job creation and tax revenues of about $18.5 million a year.Kristyna Engdahl of the Metropolitan Entertainment and Convention Authority, which operates the CHI Center, said discussions about possible expansion of convention space are underway but not ready for public release.But, she said, broadening the state’s turnback tax law would help such a project.When asked about using turnback funds to upgrade existing facilities at the CHI Center, Engdahl said that about $20 million in improvements, including new seats, have been made in the past six years. The facility, she said, still gets rave reviews, but the bill would allow turnback funds for upgrades.Jack Cheloha, who lobbies for the City of Omaha, said that the turnback law has been updated more than once since it was passed in 1999 and that LB 727 would help expand and keep the Omaha arena top-notch.“We’re going on 20 years of hosting many millions of people through the doors. It’s time for remodeling and refurbishing,” he said.Expanding the convention center in Omaha, Ward said, would allow the city to compete for larger conventions.Expanding the turnback tax area, she added, would also help communities outside Omaha and Lincoln, because 30% of the taxes collected go toward community centers and other projects in those towns and cities

Omaha, Lincoln seek expansion of turnback tax to bolster convention space

WASHINGTON (AP) — The White House on Monday said Russia is looking to buy additional advanced attack drones from Iran for use in its&nbsp;<a href="https://apnews.com/hub/russia-ukraine">war against Ukraine</a>&nbsp;after using up most of the 400 drones it had previously purchased from Tehran.

The Biden administration last year publicized satellite imagery and intelligence findings that it said indicated Iran sold hundreds of&nbsp;<a href="https://apnews.com/article/ukraine-zelenskyy-uk-sunak-military-aid-fc6809548de37304fb311fc66ee7d0d0">attack drones</a>&nbsp;to Russia. And for months, officials have said the United States believed Iran was considering selling hundreds of ballistic missiles to Russia, but Washington did not have evidence a deal was consummated.

“Iran also continues to provide Russia with one-way attack UAVs (unmanned aerial vehicles). Since August, Iran has provided Russia with more than 400 UAVs primarily of the Shahed variety,” White House National Security Council spokesman John Kirby said.

“Russia has expended most of these UAVs, using them to target Ukrainian critical infrastructure inside Ukraine. By providing Russia with these UAVs, Iran has been directly enabling Russia’s war of aggression in Ukraine,” Kirby told reporters.

<a href="https://apnews.com/article/russia-ukraine-kyiv-business-government-and-politics-5a3e86a903ea5de028308f22f32a00c4">The Shahed drones</a>&nbsp;that Russia has already purchased are packed with explosives and programed to loiter overhead until they nosedive into a target — unmanned versions of World War II kamikaze pilots who would fly their explosives-laden planes into U.S. warships in the Pacific.

Kirby said the Russians are now looking at acquiring even more advanced drones "capable of more lethality”

The latest revelation is part of a persistent drip of intelligence findings from the administration to detail what U.S. officials say is a deepening defense partnership between Russia and Iran. The U.S. allegations are part of a broader effort to declassify and publicize intelligence findings concerning Moscow’s prosecution of its nearly 15-month war in Ukraine in hopes of furthering global isolation of Russia.

The administration says the Kremlin’s reliance on Iran as well as North Korea— countries largely isolated on the international stage for their nuclear programs and human rights records— shows desperation. That's in the face of Ukrainian resistance and the success of the global coalition in disrupting Russian military supply chains and denying replacements for weapons lost on the battlefield. The White House says Russia has turned to North Korea for artillery.

U.S. officials say Iran has also provided Russia with artillery and tank rounds for its invasion of Ukraine.

“This is a full scale defense partnership that is harmful to Ukraine, to the region in the Middle East and to the international community,” said Kirby, who added that Iran has been “Russia’s top military backer” since the start of the Ukraine invasion.

Iran has said it provided drones to Russia prior to the start of the war, but not since. North Korea has denied it has provided Russia artillery.

The White House has said for months that it has seen troubling signs that the military cooperation between Moscow and Tehran could flow both ways.

Iran is seeking to purchase additional military equipment from Russia, including attack helicopters, radars, and YAK-130 combat trainer aircraft, according to the White House. And Iran last month announced that it had finalized a deal to buy Su-35 fighter jets from Russia.

The White House has also previously said Russia and Iran were considering starting a drone assembly line in Russia for the Ukraine conflict.

“In total, Iran is seeking billions of dollars’ worth of military equipment from Russia,” Kirby said.

The new allegations come as&nbsp;<a href="https://apnews.com/article/biden-japan-australia-papua-new-guinea-china-718642fdb7b3b5c14cf6c27dded1933c">Biden is headed to Hiroshima, Japan,</a>&nbsp;later this week for the Group of Seven summit, where the U.S. president is expected to make a call to fellow leaders of some world’s biggest economies to further tighten export controls and sanctions on Moscow.

<figure>
 <img src="https://media.eaglewebservices.com/public/2022/9/1663760963726.jpeg" alt="&nbsp;The White House has said for months that it has seen troubling signs that the military cooperation between Moscow and Tehran could flow both ways. (Russian Presidential Press Service via AP)" />
 <figcaption>&nbsp;The White House has said for months that it has seen troubling signs that the military cooperation between Moscow and Tehran could flow both ways. (Russian Presidential Press Service via AP)</figcaption>
 </figure>WASHINGTON (AP) — The White House on Monday said Russia is looking to buy additional advanced attack drones from Iran for use in its&nbsp;<a href="https://apnews.com/hub/russia-ukraine">war against Ukraine</a>&nbsp;after using up most of the 400 drones it had previously purchased from Tehran.The Biden administration last year publicized satellite imagery and intelligence findings that it said indicated Iran sold hundreds of&nbsp;<a href="https://apnews.com/article/ukraine-zelenskyy-uk-sunak-military-aid-fc6809548de37304fb311fc66ee7d0d0">attack drones</a>&nbsp;to Russia. And for months, officials have said the United States believed Iran was considering selling hundreds of ballistic missiles to Russia, but Washington did not have evidence a deal was consummated.“Iran also continues to provide Russia with one-way attack UAVs (unmanned aerial vehicles). Since August, Iran has provided Russia with more than 400 UAVs primarily of the Shahed variety,” White House National Security Council spokesman John Kirby said.“Russia has expended most of these UAVs, using them to target Ukrainian critical infrastructure inside Ukraine. By providing Russia with these UAVs, Iran has been directly enabling Russia’s war of aggression in Ukraine,” Kirby told reporters.<a href="https://apnews.com/article/russia-ukraine-kyiv-business-government-and-politics-5a3e86a903ea5de028308f22f32a00c4">The Shahed drones</a>&nbsp;that Russia has already purchased are packed with explosives and programed to loiter overhead until they nosedive into a target — unmanned versions of World War II kamikaze pilots who would fly their explosives-laden planes into U.S. warships in the Pacific.Kirby said the Russians are now looking at acquiring even more advanced drones "capable of more lethality”The latest revelation is part of a persistent drip of intelligence findings from the administration to detail what U.S. officials say is a deepening defense partnership between Russia and Iran. The U.S. allegations are part of a broader effort to declassify and publicize intelligence findings concerning Moscow’s prosecution of its nearly 15-month war in Ukraine in hopes of furthering global isolation of Russia.The administration says the Kremlin’s reliance on Iran as well as North Korea— countries largely isolated on the international stage for their nuclear programs and human rights records— shows desperation. That's in the face of Ukrainian resistance and the success of the global coalition in disrupting Russian military supply chains and denying replacements for weapons lost on the battlefield. The White House says Russia has turned to North Korea for artillery.U.S. officials say Iran has also provided Russia with artillery and tank rounds for its invasion of Ukraine.“This is a full scale defense partnership that is harmful to Ukraine, to the region in the Middle East and to the international community,” said Kirby, who added that Iran has been “Russia’s top military backer” since the start of the Ukraine invasion.Iran has said it provided drones to Russia prior to the start of the war, but not since. North Korea has denied it has provided Russia artillery.The White House has said for months that it has seen troubling signs that the military cooperation between Moscow and Tehran could flow both ways.Iran is seeking to purchase additional military equipment from Russia, including attack helicopters, radars, and YAK-130 combat trainer aircraft, according to the White House. And Iran last month announced that it had finalized a deal to buy Su-35 fighter jets from Russia.The White House has also previously said Russia and Iran were considering starting a drone assembly line in Russia for the Ukraine conflict.“In total, Iran is seeking billions of dollars’ worth of military equipment from Russia,” Kirby said.The new allegations come as&nbsp;<a href="https://apnews.com/article/biden-japan-australia-papua-new-guinea-china-718642fdb7b3b5c14cf6c27dded1933c">Biden is headed to Hiroshima, Japan,</a>&nbsp;later this week for the Group of Seven summit, where the U.S. president is expected to make a call to fellow leaders of some world’s biggest economies to further tighten export controls and sanctions on Moscow.

White House sees more Russia, Iran military cooperation

By ZACH WENDLING <a href="https://nebraskaexaminer.com/2023/04/25/gov-jim-pillen-signs-bill-for-concealed-carry-of-handguns-without-permit-or-training/">Nebraska Examiner</a>

LINCOLN —&nbsp;The session-long fight in some Nebraska lawmakers’ efforts to further restrict abortion and gender-affirming care for minors could be decided Tuesday evening with a decisive amendment to pair the measures as one proposal.

State Sen. Ben Hansen of Blair&nbsp;<a href="https://nebraskaexaminer.com/2023/05/08/state-lawmakers-to-try-again-to-limit-abortion-rights-pairing-it-with-a-bill-involving-gender-care/">unveiled the amendment</a>&nbsp;last Monday to marry two of the most divisive issues this session into&nbsp;<a target="_blank" href="https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=49961">Legislative Bill 574</a>, proposed by State Sen. Kathleen Kauth of Omaha. Hansen’s change would add an approximate 12-week abortion ban (though shorter because it’s based on gestation) to the restrictions on gender-affirming care for minors.

Senators who had previously supported, but expressed concerns about, either proposal told the Nebraska Examiner the amendment is an improvement, potentially netting a necessary 33 votes.

The amendment revives efforts to further restrict abortion after State Sen. Merv Riepe of Ralston&nbsp;<a href="https://nebraskaexaminer.com/2023/04/27/nebraska-abortion-ban-tied-to-cardiac-activity-falls-one-vote-short-20-week-limit-remains-intact/">voted</a>&nbsp;“present” on April 27, killing&nbsp;<a target="_blank" href="https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=50641">LB 626</a>, the proposal to ban abortion after an ultrasound detects embryonic cardiac activity. Now, an abortion bill is back in a new form.

Seventy-seven days into the 90-day legislative session, tension and uncertainty have dominated previous stages of debate for these respective measures.&nbsp;

During the final hours of first-round debate on LB 574, opponents&nbsp;<a href="https://nebraskaexaminer.com/2023/03/23/nebraska-legislature-advances-bill-to-restrict-trans-health-care-for-minors/">blocked supporters from speaking</a>, and during second-round debate, opponents&nbsp;<a href="https://nebraskaexaminer.com/2023/04/13/nebraska-lawmakers-narrowly-advance-trans-health-care-bill-after-internal-chaos/">forced consideration</a>&nbsp;of a&nbsp;<a href="https://nebraskaexaminer.com/2023/04/10/success-of-nebraska-proposal-to-restrict-gender-affirming-care-might-hinge-upon-amendment/">narrowing amendment</a>&nbsp;that led to a 45-minute pause in deliberations.

Kauth pulled that narrowing amendment in retribution but led “listening sessions” on LB 574, which informed parts of the Hansen amendment.

The fight over LB 574 has also included&nbsp;<a href="https://nebraskaexaminer.com/2023/03/28/rules-changes-fail-to-curb-partisan-rancor-in-nebraska-legislature/">rules changes</a>&nbsp;that did not weaken or slow the now 11-week filibuster,&nbsp;<a href="https://nebraskaexaminer.com/2023/03/15/nebraska-lawmaker-threatened-with-censure-for-comparing-legislation-with-genocide/">a threat of censure</a>&nbsp;and an&nbsp;<a href="https://nebraskaexaminer.com/2023/04/26/nebraska-lawmakers-defend-colleague-for-out-of-bounds-conflict-of-interest-complaint/">ethics complaint</a>&nbsp;after one lawmaker detailed how the bill would&nbsp;<a href="https://nebraskaexaminer.com/2023/03/22/second-day-of-debate-on-trans-health-care-bill-brings-personal-stories-to-forefront/">harm her son</a>, who is transgender.

Tuesday’s debate&nbsp;— scheduled for 7-9 p.m. — will likely follow a similar, contentious path, and the vote may not be clear until the last second.&nbsp;

LB 574 intended to prohibit genital or non-genital surgeries, puberty blockers and hormone therapies before the age of 19. But, if amended, it would prohibit only surgeries.

Instead, the chief medical officer and Nebraska Department of Health and Human Services would regulate the medications.

<a target="_blank" href="https://transhealthproject.org/resources/medical-organization-statements/">Thirty national and international organizations</a>&nbsp;endorse gender-affirming care, and the Nebraska Medical Association opposed LB 574.

The Hansen amendment would ban abortions two to three weeks earlier than the 12-week ban&nbsp;<a href="https://nebraskaexaminer.com/2023/03/15/nebraska-state-senator-proposes-12-week-abortion-ban-instead-of-cardiac-activity-ban/">offered by Riepe</a>&nbsp;and does not include an exception for fetal anomalies incompatible with life. Exceptions for rape, incest and the life of the mother are included.

Opponents have&nbsp;<a href="https://nebraskaexaminer.com/2023/04/12/some-nebraska-doctors-fear-collateral-damage-from-proposed-near-total-abortions-ban/">doubted</a>&nbsp;whether these would be “real” exceptions or just be “lip service.”

The two-hour Tuesday debate sets the stage as a conservative majority is determined to flex its muscles to restrict abortion and gender-affirming care, all in one fell swoop.

Debate on&nbsp;<a target="_blank" href="https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=50768">LB 727</a>, a sales and use tax exemption proposal, is up first Tuesday and could last up to eight hours. However, a change in filibuster tactics could force LB 574 at any earlier point.

The following is a list of motions that could be offered for Tuesday’s debate in addition to the&nbsp;<a target="_blank" href="https://nebraskalegislature.gov/FloorDocs/108/PDF/AM/AM1658.pdf">Hansen amendment</a>. All require 25 votes except for cloture (a move that ends debate), which requires 33.

Motion to recommit to committee:&nbsp;This would return the bill to the Health and Human Services Committee.&nbsp;

It’s also possible there could be a motion to return to Enrollment and Review to fix an error. Known as E&amp;R, this is a quasi-committee and procedural middle ground to prepare bills between stages of debate. However, it’s unclear whether opponents would use this or any other procedural motions in efforts to block the Hansen amendment.

Motion to reconsider:&nbsp;A lawmaker on the successful side of the recommit vote or those who vote “present” could file this. These procedural motions could prevent the following stages, including any consideration of the Hansen amendment.

However, hopes that debate on these procedural motions could last two hours may be short-lived as senators can “call the question,” or force a vote, before all senators wishing to speak have done so. Senators have used this tactic in previous debates to get through motions. Five senators must demand that debate cease, followed by at least 25 votes to do so.

Motion to return for a specific amendment:&nbsp;Any senator could immediately raise a “point of order” and request the presiding officer to rule on the germaneness, or relevance, of the Hansen amendment. If nongermane, consideration would cease because “no motion, proposition or subject, different from that under consideration, shall be admitted under color of amendment,” under the&nbsp;<a target="_blank" href="https://nebraskalegislature.gov/FloorDocs/Current/PDF/Rules/RuleBook.pdf">legislative rules</a>.

“Germane amendments relate only to details of the specific subject of the bill and must be in a natural and logical sequence to the subject matter of the original proposal,” the rules continue. “A nongermane amendment includes one that relates to a substantially different subject.”

If the amendment is ruled germane, opponents may seek to overrule the chair, (25 votes, or a majority of those present, are required). The same would be true if the presiding officer ruled the amendment nongermane.

A nongermane ruling is unlikely from Lt. Gov. Joe Kelly (the president of the Legislature) or supporters of the measures who may be presiding in Kelly’s absence. Such a ruling could strengthen a legal challenge down the line.&nbsp;

Kelly is Gov. Jim Pillen’s right hand, and Pillen had a role in crafting the Hansen amendment.

State Sen. Machaela Cavanaugh of Omaha criticized the proposed merging and vowed to call out the relevance of other amended legislation. Some proposals now contain upwards of 20-25 bills.

The Hansen amendment:&nbsp;This cannot be “divided” into its distinct sections as it otherwise could during earlier rounds of debate. The legislative rules forbid this on a motion to return.

A&nbsp;<a target="_blank" href="https://nebraskalegislature.gov/FloorDocs/108/PDF/AM/AM1474.pdf">dueling amendment</a>&nbsp;offered by State Sen. John Cavanaugh of Omaha would list specific rules and regulations for puberty blockers and hormones. The same list, with a 12-month waiting period, would allow surgeries to continue in rare circumstances. However, the amendment does not address abortion.

Only one amendment may be adopted on a motion to return, so State Sen. John Arch of La Vista, the speaker of the Legislature, would need to reschedule LB 574 if there are 25 supporters of the Cavanaugh amendment.&nbsp;

Or, if the Hansen amendment failed, the Cavanaugh amendment would be next for consideration.

Motion to return to final reading:&nbsp;LB 574 would need to sit for review for at least one legislative day. This could set final approval of an amended bill for Thursday.

Cloture:&nbsp;This can be done after two hours to end debate, forcing a vote on anything pending.

There is a scenario in which lawmakers can’t amend LB 574 so they attempt to pass it — as is —&nbsp;and send it to Pillen’s desk for approval. However, passage may be unlikely as some supporters have various concerns about the original bill.

The Nebraska State Capitol will remain open Tuesday night as long as the Legislature is in session. But expect extra security, given the combination of the divisive proposals.&nbsp;

The Nebraska State Patrol wouldn’t discuss details about Capitol Security, but there has been a stronger law enforcement presence during earlier debate on either of these bills.

Supporters and opponents can watch the debate in person but will be divided into different legislative balconies. This effort is to minimize potential conflict and has worked before, Arch said.

Doing so Tuesday could prove complicated if there are people who support or oppose limiting abortion but not gender-affirming care for minors, or vice versa.

Single subject rule:&nbsp;The Nebraska Constitution requires legislative proposals to be focused on a “single subject,” which has raised questions on the Hansen amendment.&nbsp;

Some argue the attempt opens the state up to a possible lawsuit, legal and political experts told the Nebraska Examiner last week.

Expect state senators opposed to one or both proposals to work to lay the legislative history groundwork for a potential legal challenge on the “single subject rule” and supporters to counter that they belong together for different reasons.

<a href="https://nebraskaexaminer.com/2023/05/10/could-single-subject-rule-trip-up-merger-of-abortion-and-anti-trans-bills/">Read more about the single subject here</a>.

<figure>
 <img src="https://nebraskaexaminer.com/wp-content/uploads/2023/04/jacobson-kauth-574_ZJW_041323-1024x682.jpeg" alt="State Sen. Kathleen Kauth of Omaha, at center, speaks with State Sen. Mike Jacobson of North Platte during debate on LB 574 on Thursday, April 13, 2023, in Lincoln. (Zach Wendling/Nebraska Examiner)" />
 <figcaption>State Sen. Kathleen Kauth of Omaha, at center, speaks with State Sen. Mike Jacobson of North Platte during debate on LB 574 on Thursday, April 13, 2023, in Lincoln. (Zach Wendling/Nebraska Examiner)</figcaption>
 </figure>By ZACH WENDLING <a href="https://nebraskaexaminer.com/2023/04/25/gov-jim-pillen-signs-bill-for-concealed-carry-of-handguns-without-permit-or-training/">Nebraska Examiner</a>LINCOLN —&nbsp;The session-long fight in some Nebraska lawmakers’ efforts to further restrict abortion and gender-affirming care for minors could be decided Tuesday evening with a decisive amendment to pair the measures as one proposal.State Sen. Ben Hansen of Blair&nbsp;<a href="https://nebraskaexaminer.com/2023/05/08/state-lawmakers-to-try-again-to-limit-abortion-rights-pairing-it-with-a-bill-involving-gender-care/">unveiled the amendment</a>&nbsp;last Monday to marry two of the most divisive issues this session into&nbsp;<a target="_blank" href="https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=49961">Legislative Bill 574</a>, proposed by State Sen. Kathleen Kauth of Omaha. Hansen’s change would add an approximate 12-week abortion ban (though shorter because it’s based on gestation) to the restrictions on gender-affirming care for minors.Senators who had previously supported, but expressed concerns about, either proposal told the Nebraska Examiner the amendment is an improvement, potentially netting a necessary 33 votes.The amendment revives efforts to further restrict abortion after State Sen. Merv Riepe of Ralston&nbsp;<a href="https://nebraskaexaminer.com/2023/04/27/nebraska-abortion-ban-tied-to-cardiac-activity-falls-one-vote-short-20-week-limit-remains-intact/">voted</a>&nbsp;“present” on April 27, killing&nbsp;<a target="_blank" href="https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=50641">LB 626</a>, the proposal to ban abortion after an ultrasound detects embryonic cardiac activity. Now, an abortion bill is back in a new form.Seventy-seven days into the 90-day legislative session, tension and uncertainty have dominated previous stages of debate for these respective measures.&nbsp;During the final hours of first-round debate on LB 574, opponents&nbsp;<a href="https://nebraskaexaminer.com/2023/03/23/nebraska-legislature-advances-bill-to-restrict-trans-health-care-for-minors/">blocked supporters from speaking</a>, and during second-round debate, opponents&nbsp;<a href="https://nebraskaexaminer.com/2023/04/13/nebraska-lawmakers-narrowly-advance-trans-health-care-bill-after-internal-chaos/">forced consideration</a>&nbsp;of a&nbsp;<a href="https://nebraskaexaminer.com/2023/04/10/success-of-nebraska-proposal-to-restrict-gender-affirming-care-might-hinge-upon-amendment/">narrowing amendment</a>&nbsp;that led to a 45-minute pause in deliberations.Kauth pulled that narrowing amendment in retribution but led “listening sessions” on LB 574, which informed parts of the Hansen amendment.The fight over LB 574 has also included&nbsp;<a href="https://nebraskaexaminer.com/2023/03/28/rules-changes-fail-to-curb-partisan-rancor-in-nebraska-legislature/">rules changes</a>&nbsp;that did not weaken or slow the now 11-week filibuster,&nbsp;<a href="https://nebraskaexaminer.com/2023/03/15/nebraska-lawmaker-threatened-with-censure-for-comparing-legislation-with-genocide/">a threat of censure</a>&nbsp;and an&nbsp;<a href="https://nebraskaexaminer.com/2023/04/26/nebraska-lawmakers-defend-colleague-for-out-of-bounds-conflict-of-interest-complaint/">ethics complaint</a>&nbsp;after one lawmaker detailed how the bill would&nbsp;<a href="https://nebraskaexaminer.com/2023/03/22/second-day-of-debate-on-trans-health-care-bill-brings-personal-stories-to-forefront/">harm her son</a>, who is transgender.Tuesday’s debate&nbsp;— scheduled for 7-9 p.m. — will likely follow a similar, contentious path, and the vote may not be clear until the last second.&nbsp;<h2>What’s on the table</h2>LB 574 intended to prohibit genital or non-genital surgeries, puberty blockers and hormone therapies before the age of 19. But, if amended, it would prohibit only surgeries.Instead, the chief medical officer and Nebraska Department of Health and Human Services would regulate the medications.<a target="_blank" href="https://transhealthproject.org/resources/medical-organization-statements/">Thirty national and international organizations</a>&nbsp;endorse gender-affirming care, and the Nebraska Medical Association opposed LB 574.The Hansen amendment would ban abortions two to three weeks earlier than the 12-week ban&nbsp;<a href="https://nebraskaexaminer.com/2023/03/15/nebraska-state-senator-proposes-12-week-abortion-ban-instead-of-cardiac-activity-ban/">offered by Riepe</a>&nbsp;and does not include an exception for fetal anomalies incompatible with life. Exceptions for rape, incest and the life of the mother are included.Opponents have&nbsp;<a href="https://nebraskaexaminer.com/2023/04/12/some-nebraska-doctors-fear-collateral-damage-from-proposed-near-total-abortions-ban/">doubted</a>&nbsp;whether these would be “real” exceptions or just be “lip service.”The two-hour Tuesday debate sets the stage as a conservative majority is determined to flex its muscles to restrict abortion and gender-affirming care, all in one fell swoop.<h2>Debate roadmap</h2>Debate on&nbsp;<a target="_blank" href="https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=50768">LB 727</a>, a sales and use tax exemption proposal, is up first Tuesday and could last up to eight hours. However, a change in filibuster tactics could force LB 574 at any earlier point.The following is a list of motions that could be offered for Tuesday’s debate in addition to the&nbsp;<a target="_blank" href="https://nebraskalegislature.gov/FloorDocs/108/PDF/AM/AM1658.pdf">Hansen amendment</a>. All require 25 votes except for cloture (a move that ends debate), which requires 33.Motion to recommit to committee:&nbsp;This would return the bill to the Health and Human Services Committee.&nbsp;It’s also possible there could be a motion to return to Enrollment and Review to fix an error. Known as E&amp;R, this is a quasi-committee and procedural middle ground to prepare bills between stages of debate. However, it’s unclear whether opponents would use this or any other procedural motions in efforts to block the Hansen amendment.Motion to reconsider:&nbsp;A lawmaker on the successful side of the recommit vote or those who vote “present” could file this. These procedural motions could prevent the following stages, including any consideration of the Hansen amendment.However, hopes that debate on these procedural motions could last two hours may be short-lived as senators can “call the question,” or force a vote, before all senators wishing to speak have done so. Senators have used this tactic in previous debates to get through motions. Five senators must demand that debate cease, followed by at least 25 votes to do so.Motion to return for a specific amendment:&nbsp;Any senator could immediately raise a “point of order” and request the presiding officer to rule on the germaneness, or relevance, of the Hansen amendment. If nongermane, consideration would cease because “no motion, proposition or subject, different from that under consideration, shall be admitted under color of amendment,” under the&nbsp;<a target="_blank" href="https://nebraskalegislature.gov/FloorDocs/Current/PDF/Rules/RuleBook.pdf">legislative rules</a>.“Germane amendments relate only to details of the specific subject of the bill and must be in a natural and logical sequence to the subject matter of the original proposal,” the rules continue. “A nongermane amendment includes one that relates to a substantially different subject.”If the amendment is ruled germane, opponents may seek to overrule the chair, (25 votes, or a majority of those present, are required). The same would be true if the presiding officer ruled the amendment nongermane.A nongermane ruling is unlikely from Lt. Gov. Joe Kelly (the president of the Legislature) or supporters of the measures who may be presiding in Kelly’s absence. Such a ruling could strengthen a legal challenge down the line.&nbsp;Kelly is Gov. Jim Pillen’s right hand, and Pillen had a role in crafting the Hansen amendment.State Sen. Machaela Cavanaugh of Omaha criticized the proposed merging and vowed to call out the relevance of other amended legislation. Some proposals now contain upwards of 20-25 bills.The Hansen amendment:&nbsp;This cannot be “divided” into its distinct sections as it otherwise could during earlier rounds of debate. The legislative rules forbid this on a motion to return.A&nbsp;<a target="_blank" href="https://nebraskalegislature.gov/FloorDocs/108/PDF/AM/AM1474.pdf">dueling amendment</a>&nbsp;offered by State Sen. John Cavanaugh of Omaha would list specific rules and regulations for puberty blockers and hormones. The same list, with a 12-month waiting period, would allow surgeries to continue in rare circumstances. However, the amendment does not address abortion.Only one amendment may be adopted on a motion to return, so State Sen. John Arch of La Vista, the speaker of the Legislature, would need to reschedule LB 574 if there are 25 supporters of the Cavanaugh amendment.&nbsp;Or, if the Hansen amendment failed, the Cavanaugh amendment would be next for consideration.Motion to return to final reading:&nbsp;LB 574 would need to sit for review for at least one legislative day. This could set final approval of an amended bill for Thursday.Cloture:&nbsp;This can be done after two hours to end debate, forcing a vote on anything pending.There is a scenario in which lawmakers can’t amend LB 574 so they attempt to pass it — as is —&nbsp;and send it to Pillen’s desk for approval. However, passage may be unlikely as some supporters have various concerns about the original bill.<h2>Expect extra security</h2>The Nebraska State Capitol will remain open Tuesday night as long as the Legislature is in session. But expect extra security, given the combination of the divisive proposals.&nbsp;The Nebraska State Patrol wouldn’t discuss details about Capitol Security, but there has been a stronger law enforcement presence during earlier debate on either of these bills.Supporters and opponents can watch the debate in person but will be divided into different legislative balconies. This effort is to minimize potential conflict and has worked before, Arch said.Doing so Tuesday could prove complicated if there are people who support or oppose limiting abortion but not gender-affirming care for minors, or vice versa.<h2>Three new issues emerge</h2>Single subject rule:&nbsp;The Nebraska Constitution requires legislative proposals to be focused on a “single subject,” which has raised questions on the Hansen amendment.&nbsp;Some argue the attempt opens the state up to a possible lawsuit, legal and political experts told the Nebraska Examiner last week.Expect state senators opposed to one or both proposals to work to lay the legislative history groundwork for a potential legal challenge on the “single subject rule” and supporters to counter that they belong together for different reasons.<a href="https://nebraskaexaminer.com/2023/05/10/could-single-subject-rule-trip-up-merger-of-abortion-and-anti-trans-bills/">Read more about the single subject here</a>.The chief medical officer and DHHS:&nbsp;The Hansen amendment would authorize the chief medical officer to craft regulation of puberty blockers and hormone therapies. The chief medical officer is a political appointee who was part of the&nbsp;<a href="https://nebraskaexaminer.com/2023/04/20/eyebrows-raised-over-nebraska-board-of-healths-advocacy-for-bill-banning-gender-affirming-care/">State Board of Health</a>&nbsp;when it issued a statement in support of LB 574. DHHS would set enforcement parameters.Under the Hansen amendment, no new minors could receive these medications for transition services after Oct. 1 unless new rules are in place. This sets up a timeline of potentially 2025 until new medications can be issued, though there is a “grandfather” clause for minors to continue care.Opponents worry that delegating regulations to HHS could lead to a “backdoor” ban and that LB 574 is discriminatory in nature because it restricts gender-affirming care only for trans youth, not their cisgender peers.Expect a fight over who should have the final say in regulating puberty blockers and hormones and what rules and regulations should be in place.<a href="https://nebraskaexaminer.com/2023/05/10/final-say-on-nebraska-gender-care-legislation-would-be-delegated-to-executive-appointee-and-dhhs/">Read more about the proposed roles for the chief medical officer and DHHS</a>.Fatal fetal anomalies:&nbsp;&nbsp;Riepe proposed an alternative abortion ban timed 12 weeks from fertilization, with specific language allowing abortions later in the cases of fetal anomalies incompatible with life. However, both aspects have changed.The Hansen amendment instead ties its 12-week ban to gestational age, meaning it is two to three weeks shorter than Riepe’s proposal. Hansen said this would reduce the number of total abortions and follows much of the medical community that times pregnancy by gestation.&nbsp;Hansen also said he and others who prefer a stricter ban chose to leave out the Riepe language on fetal anomalies because they do not believe that someone should be able to end a life because it is unlikely to live long — or at all — after being born.Meanwhile, doctors who support abortion rights have argued it is cruel to force women to carry a baby without a brain or lungs to full term, knowing it cannot survive outside of the womb.&nbsp;&nbsp;Expect a floor fight over leaving out this language and for conservatives to threaten to withdraw support if there is an effort to add it back in.<a href="https://nebraskaexaminer.com/2023/05/15/proposed-12-week-abortion-cutoff-hits-sooner-than-riepes-with-no-exception-for-fetal-anomalies/">Read more about the absent fetal anomalies exception here</a>.