NEBRASKA LEGISLATURE

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Dave Murman

Sen. Dave Murman

District 38

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Recently, the Nebraska Legislature passed LB 1402, an appropriation bill that would allow low-income, special needs, and other students denied option enrollment the opportunity to attend a private school of their family’s choosing. LB 1402 is a slimmed-down measure compared to last year’s school choice legislation, LB 753.  Almost immediately, falsehoods and misrepresentations spread across the State about what this bill meant for Nebraska. Those who oppose school choice have stooped to the levels to claim that this bill subverts democracy, defunds public schools, and is even unconstitutional. None of these claims are true.

Some have argued that because there was a petition to repeal last year’s LB 753, the Opportunity Scholarships Act, LB 1402’s replacement of 753 denies the option to vote on school choice. In reality, to say LB 1402 was nothing more than a replacement of LB 753 is inaccurate. LB 753 was a $25 million scholarship program that received dollar-for-dollar tax credit donations. LB 1402 was a $10 million state appropriation with no tax credit system. In short, not only is LB 1402 significantly smaller, it does not even use the same funding mechanism. If LB 1402 was nothing more than a way to get around voting on LB 753, then it would not have needed to make any significant changes. Instead, the old system has been entirely thrown out for a new, simpler, and smaller one.

Others have argued LB 1402 defunds public schools. Those who make this claim either haven’t done the math or simply know they are lying. In the 2022-2023 year, K-12 schools received about $4.7 billion in taxpayer funds. Since my time as chair of the Education Committee, we have additionally appropriated over $1.6 billion for our public schools. Compare this spending with the $10 million cost of LB 1402, and we see that it is only about 0.2 percent, or two one-thousandths, of our total education funding. Compared to most school choice programs across the country, LB 1402 is amongst the humblest and most meager in the nation.

Finally, some have called LB 1402 unconstitutional. Their explanation is based on Article VII, section 11 of the Nebraska Constitution, which states that “No appropriation or grant of public funds or property shall be made to any educational institution which is not owned and controlled by the state or a governmental subdivision thereof”. Article VII section 11 is also known as the Blaine amendment based on Congressman James G. Blaine who opposed the increase of Catholic immigrants in the country and wanted to keep the United States protestant. In other words, the Blaine amendment was based entirely on discriminatory views and it’s a shame it’s still part of our State Constitution today. Even if we were to ignore the anti-Catholic bigotry of the Blaine amendment, LB 1402 is still completely Constitutional. Why? Because LB 1402 is not an appropriation of public funds to private education institutions, but instead an appropriation of public funds to students themselves through scholarships. This function is no different than when our low-income students receive taxpayer-based Pell Grants to attend Creighton University, or when our veterans and service members receive the GI Bill to attend Hastings College. Both of these examples are ultimately public dollars being used by students to attend private schools. No one seems to dare say that we should deny our low-income students or our veterans these opportunities, so why is K-12 different?

Ultimately, opposing LB 1402 was never really about these things. LB 1402 didn’t overrule any vote of LB 753 because LB 753 was replaced by a far humbler piece of law, it won’t bankrupt our public schools when the cost is minuscule compared to our total education spending. And finally, LB 1402 is perfectly constitutional because it funds students, not systems. To many, opposing school choice was never about these arguments. Instead, the teachers union and education lobbyists have taken a “my way or the highway” approach. They tell struggling families that the one-size-fits-all solution of government schools is their only choice. I understand that every family has different needs, different values, and different goals. Because of that, my goal is to support an education system that gives parents, not government an option to choose the education that works best for them.

On Thursday, April 18th, we hit day sixty of the Second Session of the 108th Legislature bringing the short session to an end. We passed some great legislation including protecting our farmland from potential foreign adversaries like China, strengthening school security, investments in high-demand college programs, protections of religious freedom, and my personal priority bill, protections for minors from online pornography. I am happy to say Nebraska is now the fifteenth state to stand up to the big pornography industry and protect our kids.

Unfortunately, the plan to pass major property tax relief stalled by a few votes. The original plan involved an increase in sales taxes (which involved provisions to pause that increase if revenues were high) to try to balance out our three-legged stool of tax revenue: income, sales, and property tax. Currently, Nebraskans know that stool is far out of balance with property taxes hitting harder and harder every year with each valuation. Despite the opposition this plan faced, I remain committed to fighting to rein down property taxes.

It is expected that soon the Governor will call for a special session of the Legislature with the sole goal to cut property taxes. In years past, we have passed property tax relief, but the harsh truth is that as valuations skyrocket without a corresponding reduction of levies, the relief only acts as a small decrease in the total increase. My hope and goal for the likely upcoming session is not basic relief but comprehensive property tax reform. I believe part of the solution is taking a hard look at the laundry list of special tax exemptions Nebraska currently has. When government creates long lists of tax exemptions for certain products and services, they are in effect creating an economy of winners and losers- not a fair system where everyone plays by the same rules.

It is hard to say what the outcome of the special session will be. Our recent session is proof that achieving a filibuster-proof majority to agree on any comprehensive change is going to be difficult. Regardless of the outcome, I am ready to work to deliver meaningful property tax relief to you, the Nebraska taxpayer.

In his 1796 farewell address, our first President George Washington said, “Reason and experience both forbid us to expect that national morality can prevail in exclusion of religious principle”. In short, the very survival of our nation relies on the survival of our public faith. Our founding fathers created a brilliant system of government with checks and balances, but that system was based upon a nation that practiced their freedom of religion. With this upcoming primary election, we must remember to look deeper than flashy social media ads and commercials. Instead, it’s important to ask: will this candidate support our nation’s founding values?

Let us not forget that the government’s job is not to create rights for its people, but to protect the rights every man and woman naturally possesses from their Creator. The founders summarized these rights best under the categories of life, liberty, and the pursuit of happiness. Therefore we should always keep these rights in mind when we cast our vote. Life is the first of the unalienable rights mentioned in the Declaration of Independence for a reason. But we can’t truly be a nation that values life until we elect leaders who are willing to protect life from conception until natural death.

Our nation was also founded on the principle of religious freedom- a right so important that our founders enshrined its protection in our very first amendment. We all know the treasured history of the New England colonists who, when told by their government how to practice their religion, packed up and left, creating their own “City on a Hill” where their community could worship and pray to God without government interference. It’s easy for a candidate to say they support religious freedom- pretty much every candidate does! But when common sense proposals are brought to the Legislature to protect medical providers’ religious consciences, these proposals are met with hostility. James Madison put it well in 1785, saying, “The Religion then of every man must be left to the conviction and conscience of every man: and it is the right of every man to exercise it as these may dictate”.

But valuing basic religious freedom is not enough on its own. With the right to free expression of religion equally comes the responsibility, and especially for our leaders, to use that religion for good. John Adams didn’t mince words when he made it clear what our society would look like when that responsibility is not acted on. As Adams put it, “Without religion, this world would be something not fit to be mentioned in polite company: I mean hell”.

So, in this upcoming primary election, and all future elections for that matter, our values matter. Religious freedom, protecting life, and the promotion of Christian values were considered necessary for the survival of a free nation in 1776 and they continue to be necessary today.

This election I encourage you to vote for candidates who are truly committed to upholding our founders’ revolutionary vision. But supporting our nation’s founding values does not end at the ballot box either; it will take a culture built by families, pastors, and community leaders alike.

As the chair of the Education Committee in the Nebraska Legislature, I’ve always been a major believer in public schools. I believe firmly that every K-12-aged child in our state deserves access to a well-funded, competitive, safe education. I also believe that every family has unique needs and values in which a one-size-fits-all approach may not always be best. Because of this, I also support increasing school choice in the State of Nebraska.

Before last year’s historic legislative session, Nebraska was one of only two states that did not have any form of a school choice program. As a state, the majority of the Legislature knew we could do better and become more competitive. The idea that 48 other states were ahead of us in the race was simply unacceptable. So last year Nebraska finally took a step in the right direction and passed LB 753, the Opportunity Scholarships Act. Compared to most other school choice programs across the country, LB 753 is generally quite humble. It allows a tax credit scholarship to be given out to students who wish to attend private schools with prioritization given to low-income students, exceptional needs, students who have experienced bullying, foster children, military families, and children who have been denied option enrollment.

Critics of the Opportunity Scholarships have been quick to sow misconceptions across the State in hopes of repealing LB 753. Many have argued this is a way of defunding public education. The reality is that in the same year Nebraska passed LB 753, Nebraska passed a historic $300 million increase and a $1 billion Education Future Fund for our public schools. In total Nebraska spends nearly $5 billion in K-12 education. Compare this to the $25 million spent through LB 753 and it’s easy to see that their claim is wrong. Not only have we not defunded public education, but we’ve funded it more than ever.

Supporting school choice does not mean opposing public education. In reality, school choice is all about putting parents back in charge. If a parent wants a child to receive a public education, Nebraska should be there to do that. If a parent wants a child to receive a private education, Nebraska should be there to do that. If a parent wants to homeschool their child, Nebraska also should be there to do that. Every family is different- different values, different religions, and different needs. A system with no school choice makes it difficult to cater to every single family.

Some will say that school choice has always existed- that those who wish to send their children to private schools can already do so. This comes from a place of privilege. Private schooling can be incredibly costly. Many Nebraskans and Americans alike are living from paycheck to paycheck. The reality is that currently, private schools are only a viable option for the portion of Nebraska that can afford them. When it comes to getting a child a top-tier K-12 education, income shouldn’t be the deciding factor. Nebraska Opportunity Scholarships give all families, as the name implies, an opportunity.

Recently I had the privilege to join the Governor, various leaders of Nebraska religious groups, and my fellow Senators in the tradition of declaring January 16th as Religious Freedom Day. Religious Freedom Day was first signed by proclamation by President Bush in 1993 and has continued to be proclaimed by every President each year after. President Bush chose January 16th as the date based on Thomas Jefferson’s draft bill for Establishing Religious Freedom in Virginia.

In John Winthrop’s famous 1630 City on a Hill sermon, he described his goal for the New England colony to “hold conformity with the rest of His world, being delighted to show forth the glory of His wisdom in the variety and difference of the creatures”. In short, the goal of the colonists who would soon create the model of our nation was seeking freedom to practice their religion in their own way. Their goal was noble. A government was telling them how to practice their religion their way, so they packed up and left, creating their own community to freely worship and pray to God in a way they thought was the best fit.

Most are familiar with our Constitution’s First Amendment which includes the right to free exercise of religion but Nebraska’s State Constitution also includes protections of our religious freedom. Article I-4 of the State Constitution reads, “All persons have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences”. Both our nation and our state recognize our long-held and treasured right of religious liberty.

Our founding fathers were wise to recognize religious liberty as the bedrock of our Republic. To some, their idea of religious freedom seemed radical- but these ideas went on to become the blueprint of our Constitutional rights. Religious Freedom Day serves as a reminder to Nebraskans that no Government has the right to demand we pray or worship in a certain way, instead, these privileges are given to us by God. January 16th is an opportunity for Nebraskans and Americans to celebrate and give thanks to God for our great freedom.

Across the state of Nebraska, the colors of the Christmas lights are gleaming across the roads. On our radios, carols of reindeer and snowmen play spreading the joy of Christmas. In our homes, the trees are being set up adorned with ornaments and twinkling lights filled with the scent of cookies coming out of the oven. Our Children are anxious to look under the trees to see presents wrapped in bright colors and ribbons. The gifts of the Christmas season do much to spread joy into the hearts of old and young alike. But all of these gifts, no matter how fun or special, compare to the greatest gift of all- our Savior Jesus Christ.

Our world is certainly full of sin and brokenness but the true meaning of Christmas gives us a reason to celebrate. The Gospel of John tells us that God did not send his Son to condemn the world, but to save it. Christ came to us as a baby in the humblest of beginnings. After traveling nearly a hundred miles, there was no room for the expecting Mary and Joseph at the inn. With no other option but a manger, God chose the most meager of all cradles to be the throne for the King of Kings. Baby Jesus’ birth was celebrated by a heavenly choir of angels and humble shepherds alike. They celebrated with great cause because the newly born babe would grow to become the savior of all. Jesus Christ was tried, crucified, and died redeeming all believers of their sins. He arose from the dead and ascended into heaven, but God’s story is not finished. He will come again to judge the living and the dead bringing redemption to our world.

The true meaning of Christmas is more joyful, exciting, and meaningful than any present laid under the tree. All of our other traditions that so many families enjoy are wonderful, but they are only signs and symbols of our great holiday. The presents under the tree are of this world, and when our time is over, we can’t take them with us. Instead, this Christmas Jesus Christ offers his followers an everlasting gift of priceless value- everlasting life.

Across the State of Nebraska, you may see the gathering of signatures to put the EPIC tax on the ballot to be decided on by the voters. The EPIC tax, or eliminate property, income, and corporate tax, provides an opportunity to completely transform Nebraska’s complicated, outdated, and broken tax system- a goal I certainly support.

For years Nebraskans have told me over and over again that rising property taxes are a top issue. And over and over again, the Nebraska Legislature passes property tax relief which only slightly decreases the problem. I have brought legislation and voted in favor of property tax relief, but the relief only slows down the growing property tax burden with Nebraskans still paying more and more even when we pass so called “relief”. By placing the EPIC tax on the ballot, Nebraska’s second house- the voters, have a chance to truly see some major relief.

In some cases, I have heard of my constituents buying or renting land in Kansas, a state with significantly lower property taxes. Currently, the Tax Foundation ranks Nebraska as having a worse property tax burden than every single one of our neighboring states and the 40th worst-ranking state overall. With our current tax system, we risk losing far too many farmers, businesses, and homeowners to nearby states that offer far more accommodating rates. By passing the EPIC option, we have the opportunity to stay competitive and keep people who love Nebraska in their home state.

Some have voiced concerns that by removing the property, income, and corporate tax, and adding a consumption tax low-income families can be harmed. Something worth considering is that the consumption tax only applies to new products. Used cars, appliances, and even homes would be completely consumption tax-free with groceries also being exempt. Furthermore, when a landlord or apartment owner faces skyrocketing property taxes, that increased cost is often directly reflected in increased rental costs for the tenant. The reality is the EPIC option has the opportunity to grow the entire Nebraska economy while the current tax code picks winners and losers.

Ultimately, the EPIC tax option is a win for farmers, homeowners, and middle-class families. If you see an EPIC tax ballot, sign it and consider volunteering to collect signatures or donating to the cause at epicoption.org/donate.

During the pandemic, school closures and the transition to online or remote learning were no doubt challenges for our Nebraska students, teachers, and parents. As students logged on to their Zoom calls and worked on their online schooling, parents were often sitting side-by-side to work on their own online remote work. Parents were able to see and hear what their kids were learning with far more transparency than before. In many cases, this experience led to an appreciation for our strong schools, but in other cases, parents raised valid criticisms over various curriculum and school policies. Because of this, I am approaching the upcoming legislative session with a key goal in mind: empowering parents.

We must ensure transparency for parents, whether it comes to the curriculum, athletic policies, their student’s physical and mental health, and books. School officials in Nebraska have on video claimed “every time that we are adopting new curriculum and materials” they “really look at the diversity, equity, and inclusion perspective”, while others have worked to transform students into “change agents”. But Nebraskan parents don’t always want their kids going to schools to become ideological activists- they want their kids to learn to read and write.

My office has obtained examples from rightfully concerned parents about surveys given to their students with questions that ask about their sexuality, sexual partners, and even their family’s dating habits and sexual activity. Parents are right to find this concerning and objectionable. They deserve the right to know what is being asked and collected of their children and most importantly, the right to decline.

Finally, parents deserve the right to examine and understand books and materials that are offered or assigned to their children. Parents across the country have become aware of books such as “Gender Queer” and “This Book is Gay”. Not only do these books violate validly held religious convictions by families across Nebraska, but in many cases include graphic depictions of sexuality that could only be described as pornography. My goal is that in every school a parental review process can be established for parents to be able to report a book to ensure the books that schools are assigning are in line with Nebraska family values.

This upcoming legislative session, I look forward to discussing with Nebraska parents and educators alike to bring legislation forward to protect and ensure these parental rights. We can and always will do more to support our schools and that starts with empowering parents.

The Nebraska Legislature is a unique institution, given its status as the country’s only unicameral and nonpartisan legislature. While there are certainly drawbacks to a unicameral system, an added benefit of our legislature gives every member a fairly equal set of responsibilities. With the addition of term limits, Nebraska has largely prevented a deep entrenchment of established power in the Nebraska legislature for some time. Our citizen legislature enables those with criticisms of the status quo to bring the message of their constituents to bear.

Currently, there is no more important place for change than our education system. That’s why I am running to chair the Nebraska Legislature’s Education Committee.

Including the Department of Education, the University of Nebraska, and the State College system, education spending for the last two years accounted for 35.9% of all state spending![1] As many of you are aware, property taxes account for the largest source of funding for our education system. Working with the Revenue Committee to reduce this burden on Nebraskans will be a mainstay of my efforts as your state senator.

We also must make take bold action to address the teacher shortage, combat critical race theory and comprehensive sex education, work with Governor-Elect Pillen as he endeavors to reform TEEOSA (the state school funding formula), and establish a parent’s bill of rights. Nebraska can no longer afford to lag behind states like Florida and Texas in enacting policy changes to improve the lives of its citizens. We must preserve the tradition of Nebraska schools leading the nation in test scores while reducing the bloat of big government.

[1] http://www.statespending.nebraska.gov/spent2022/

This past week, the Bovee wildfire at Nebraska National Forest near Halsey, Nebraska led to the death of Purdum volunteer fire department assistant chief Mike Moody. It also prompted the evacuation of the entire town of Halsey. The fire was close to being controlled by last Monday after tireless work from some of Nebraska’s finest first responders who saved several farmsteads in the fire’s path. As of last Thursday morning, reports estimate the fire was 94% contained after burning nearly 20,000 acres of land.

The Eppley Lodge, the historic Scott Lookout Tower, and all of the cabins at the state 4-H camp fell victim to this tragedy. This was the first 4-H campsite in Nebraska, dedicated in 1962, and recorded approximately 2,500 visiting youths annually, and more than 30,000 different youths over the years.

I personally had the pleasure of attending the Halsey 4-H camp twice in the 1960s. The first time as a young 4-Her, I was super impressed by all of the tall pine trees and beautiful natural wooden cabins, and the huge Eppley Lodge. Being from the irrigated flatlands of Nebraska, I didn’t realize a campground with so many pine trees could even exist in Nebraska, or that it is the largest hand-planted forest in the Western Hemisphere. I was also impressed by the Scott Lookout Tower, from which one could look over the hills of pine trees and watch for smoke.

The next time I attended was for a 4-H leadership camp in my teenage years. Believe it or not, a fire had burned through the camp the year before, leaving only cement foundation pads where many of the cabins once stood. Huge tents were erected on the pads but fortunately, the Eppley Lodge was still there in all its glory. I was blessed to take part in planting pine fingerlings in the hills around the camp to replace some of the trees that burned. It is surreal to think some of these trees could be the ones that burned 50-some years later in the Bovee fire. Unfortunately, this time the beautiful Eppley Lodge and Scott Lookout Tower are also gone. I am telling this story in the hopes that Nebraskans will pull together to replant portions of the Nebraska National Forest that were lost in the most recent Bovee fire. I am also hopeful that Nebraska extension and 4-H leaders from all over the state can rebuild the camp even better than before so that future generations of 4-Hers can enjoy the same privileges that I and so many others have enjoyed.

I hope everyone in District 38 will join me in praying for the family and friends of Mike Moody, for the recovery of the Nebraska National Forest, for those that lost homes or property, and for all the people who have courageously battled this fire.

I welcome any comments, questions, or ideas you may have on this or any other issue. Please feel free to email me at dmurman@leg.ne.gov or call my office at 402-471-2732.

Sen. Dave Murman

District 38
Room 1107
P.O. Box 94604
Lincoln, NE 68509
(402) 471-2732
Email: dmurman@leg.ne.gov
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