GOVERNOR RICKETTS SAYS BIDEN’S GUN CONTROL PROPOSALS WON’T SOLVE ‘UNDERLYING PROBLEMS’

LINCOLN — Gov. Pete Ricketts, an avid advocate for gun rights, fired back Thursday over renewed calls by President Joe Biden to close loopholes in background checks on gun purchases and ban assault-style rifles and high-capacity ammunition magazines.

Biden issued the calls after mass shootings in Boulder, Colorado, and Atlanta during the past week.

Ricketts, who was a featured speaker at a National Rifle Association convention in 2018, said that banning guns will not solve “the underlying problems that have resulted in these tragedies.”

“The president should work to address underlying issues in the community rather than limit our right to bear arms, which is protected in the U.S. Constitution,” Ricketts said in a press release on Thursday. “Nebraska is a pro-Second Amendment state,” the Republican governor added, “and we will stand up against any attempt by the federal government to expand gun laws and impede our freedoms.”

Bills to ban state or local officials from enforcing any new federal firearm restrictions, and to let counties allow concealed carry of firearms without a permit are pending in the Nebraska Legislature this year.

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NEBRASKA LAWMAKERS ADVANCE BILL TO CUT RURAL NEBRASKANS' PROPERTY TAXES

LINCOLN- Residents of rural school districts would see an additional property tax cut under LB454, a proposal advanced to the full Legislature on Wednesday. Another bill that pairs a long-sought-after tax credit for donations to private school scholarships with a proposal that would grant similar tax credits for contributions to early childhood education programs. After approval by the state lawmakers, the bills will be sent to Gov. Ricketts who is a supporter of tax cuts and has room in his budget for tax credits for donations to private and parochial school scholarships. 

LB454 would provide $65 million in extra state 'stabilization' aid to 170 mostly rural school districts that do not currently receive aid. The amount would grow to $167 million after four years. The goal of Sen. Curt Friesen, the introducer of the bill, said his goal is to reduce property taxes in rural districts where property taxes almost exclusively fund education. 

"If we properly funded K-12 education, we wouldn't need this bill," he said.

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GOVERNMENT ACCOUNTABILITY OFFICE TO INVESTIGATE SPACECOM BASING DECISION

OMAHA- Congress' Government Accountability Office said it will be investigating whether the Air Force followed their own regulations when it decided to locate the U.S. Space Command's permanent headquarters at Redstone Arsenal in Huntsville, Alabama over Offutt Air Force Base and four other possible sites. 

Colorado's political and business leadership were the first to allege President Donald Trump chose Huntsville over Colorado Springs and other sites in order to reward political allies. Space Command is in charge of all military operations in space and is completely separate from the Space Force which was created by President Trump in 2019. 

The Pentagon tasked the Air Force with choosing the permanent site. The selection committee heard presentations and conducted inspections of each site before recommending a site to then-Air Force Secretary Barbara Barrett. She announced the decision after consulting with President Trump about the decision. 

Representative Don Bacon said Offutt lost out because Omaha lacks the space-related businesses that Huntsville or Colorado Springs could offer.

“We were competitive in every area, except we didn’t have a space mission at Offutt,” Bacon said. “We have a great workforce. It just isn’t a space workforce.”

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NEBRASKA LAWMAKERS BLOCK DOUGLAS COUNTY PHONE FEE HIKE FOR 911 SERVICES

LINCOLN- Nebraska lawmakers shut sown a measure that could have doubled the emergency 911 fees charged for landline telephone service. LB215, introduced by Sen. Dan Hughes of Venango, died in the first round of debate after garnering only 20 votes needed to advance. The measure would have allowed Douglas County to increase its 911 surcharge to $1 a month, up from the current $.50 cap. 

Sen. Hughes argued the bill would keep Douglas County in line with other counties in the state and would keep up with the improvements made to the 911 system. 

Other Omaha-area senators argued this surcharge should not be implemented in the midst of a pandemic and the city could offset the cost of the proposal by reducing other taxes on phone services. Sen. Terrell McKinney of Omaha said the local government should invest in emergency services instead of increasing the police budget or building a new youth detention center.

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BILL BANNING ETHANOL COMPANIES FROM USING TREATED SEED ADVANCES

LINCOLN- Lawmakers gave first-round approval to a bill prohibiting the use of pesticide-treated seeds in ethanol production on Thursday.

The bill (LB507) from Sen. Bruce Bostelman of Brainard was introduced in response to the environmental contamination stemming from AltEn near Mead in Saunders County.

Unlike most ethanol plants which use field corn as a feedstock, AltEn solicited for and used discard treated seed to produce ethanol, at one point receiving nearly all of the leftover treated seeds in North America. The wet distiller's grains byproduct of the ethanol manufacturing process, normally sold as a feed for cattle, was heavily contaminated with pesticides, as was the wastewater stored in lagoons on the site.

AltEn stopped its operations in February, and a short time later experienced a burst pipe that spilled 4 million gallons of contaminated waste into ditches and waterways of the surrounding area.

The Nebraska Attorney General's office sued AltEn on March 1 for numerous violations of state environmental regulations.

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AG’S OFFICE REACHES SETTLEMENT WITH OMAHA COMPANIES OVER COVID-19 ANTIBODY TESTING

LINCOLN- The Nebraska Attorney General's Office has reached a settlement with two Omaha companies accused of deceptive trade practices for their advertising and administration of COVID-19 antibody tests to consumers through the end of April 2020 at a drive-thru there.

Attorney General Doug Peterson said Pivot Concierge Health LLC and Banyan Medical Systems LLC failed to make necessary disclosures required by test manufacturers and recommended by the FDA.

He said they also made deceptive and misleading statements to consumers regarding the ability of their antibody tests to identify the presence of a current or prior COVID-19 infection.

"In combination, this conduct created a significant likelihood of consumer confusion and endangered the public health," Peterson said in a press release.

Under the terms of the settlement, the companies are prohibited from misrepresenting the characteristics of any COVID-19 testing product or service they offer, and they are required to disclose to consumers all known risks and limitations. Pivot Concierge Health LLC also agreed to pay $25,000 to the Attorney General’s Office.

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LAWMAKERS ADVANCE BILL PROMOTING INDUSTRIAL RAIL ACCESS

BEATRICE – Nebraska lawmakers have advanced a bill and amendment that would offer state matching support for developing industrial rail access business parks.

LB 40 was introduced by Senator Mike Groene of North Platte, over the potential of such a plan near Hershey in Lincoln County. The bill and amendment would create the Nebraska Rural Projects Act. Groene said it is an infrastructure improvement bill in an area that includes perhaps the largest rail yard in the world.

A qualified rail access business park would have to be in a county of under 100,000 population. Applications through non-profit economic development entities would be filed on or before June 23rd, 2023. The project would have to occur within ten years. One of those in support of Groene’s measure was Senator Mike Flood, who said the Bailey Yard is the “Chicago O’Hare of Railroad classification yards”.

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SENATORS OK RENTAL PROTECTIONS FOR DOMESTIC VIOLENCE VICTIMS

LINCOLN- Domestic violence victims who are living with their abuser in a rental property could break their lease and leave without penalties under a bill that Nebraska lawmakers advanced Thursday. 

Senators advanced the measure through the first of three required votes, 42-3. The bill by Sen. John Cavanaugh, of Omaha, includes other tenant protections, such as requiring landlords to give at least 24 hours of notice before entering a tenant’s apartment.

It also would require the Nebraska Supreme Court to submit a report to lawmakers every six months spelling out the number of eviction proceedings initiated, the number of landlords and tenants represented by attorneys and the number of evictions granted. The data would be broken down by county, giving lawmakers a better sense of eviction trends outside of the Omaha and Lincoln areas.

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NEBRASKA VIRUS HOSPITALIZATIONS AT LOWEST LEVEL SINCE JULY

LINCOLN- The number of people hospitalized with the coronavirus continues to decline in Nebraska, and more than 19% of the state’s population has now been vaccinated against the virus.

The state said Thursday that the number of people hospitalized with the virus was at its lowest level since last July with 107 people being treated in hospitals statewide. That number has fallen steadily since peaking at 987 in November.

Health officials said nearly 107,000 doses of COVID-19 vaccines were administered in the state last week, and 19.1% of the state’s population has been vaccinated. The state said more than 308,000 Nebraskans have now registered to receive the vaccine.

The seven-day rolling average of daily new cases in Nebraska decreased over the past two weeks, going from 282.71 new cases per day on March 9 to 246.43 new cases per day on Tuesday. The state said Thursday that 207,227 cases of the virus and 2,159 deaths have been reported since the pandemic began.

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NEBRASKA LAWMAKERS ADVANCE BILL GRANTING IN-STATE TUITION FOR HOME-SCHOOL STUDENTS

LINCOLN- On Tuesday, lawmakers advanced two bills ensuring Nebraska students who attend home school and AmeriCorps volunteers qualify for in-state tuition at the state's public colleges and universities. As of now, students who graduate from home school are not considered resident students, although they can apply to receive in-state tuition rates. LB92 adds home-school students who complete a program of instruction to the list of residency qualifications for the purpose of tuition cost.

However, Sen. Carol Blood said the computer glitch which caused a notification to be sent to home school students saying they could not receive in-state tuition has been fixed. Sen. Megan Hunt believes the bill is too broad and could cause problems for universities. 

Sen. Tony Vargas introduced LB197, which is a bill to allow AmeriCorps volunteers eligible for in-state tuition in Nebraska. Sen. Kolterman says this bill is a 'no-brainer'. 

“These are the kind of people we’re trying to attract to grow our state,” Kolterman said.

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FACEBOOK DATA CENTER TO EXPAND IN PAPILLION

LINCOLN- The social media giant announced Wednesday the second expansion of the project that is still under construction. The campus will grow by about 1 million square feet and will cost approximately $400 million. The site will add around 100 permanent jobs, making the total employment sit at 300 people. Nearly 2,000 construction workers will also be employed at the peak of construction. 

“This is an exciting development in Facebook’s continued growth, and we are pleased to join them in celebrating their ongoing presence in Sarpy County,” said Andrew Rainbolt, executive director, Sarpy County Economic Development Corporation.

This announcement comes just days after an announcement by Google that is also constructing a new data center in Papillion.

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WITH COLLEGE WORLD SERIES BACK IN ACTION, OMAHA CAN EXPECT A BOOST OF NEARLY $90 MILLION

OMAHA- The College World Series will be back in Omaha this summer, but the exact amount of fans in the stadium remains undetermined. However, the local economy can expect a huge boost. In the latest study, a fully operational CWS is worth $88.3 million. 71.2% of attended come from outside Omaha, with 59% coming from out of state. 

“That would be unbelievable to most citizens of Omaha, because they think of it as just an event that clogs up the highways,” Goss said. “We want those individuals here. That’s where the money comes from.”

Much of the change in demographics coming to the series comes from the park moving to the downtown area with many other forms of entertainment right next to TD Ameritrade.

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LATEST NEBRASKA BUDGET PLAN WOULD BOOST PROPERTY TAX RELIEF TO MORE THAN $1.45 BILLION

LINCOLN- Under the Appropriations Committee‘s most recent budget plan, Nebraska would devote more than $1.45 billion to direct property tax relief over two years. The state's long-standing property tax credit program will be increased by $63 million, enough for the credits to grow by 2% annually from their 2019 peak. Compared to the current year, the new program gives income tax credits to property owners to offset part of their school property taxes will more than double in size. The budget also provides homestead exemptions for low-income elderly and disabled homeowners. 

"That's quite a bit of money," said Sen. John Stinner of Gering, the committee chairman. "What it represents is a commitment by the governor and the Legislature. This was one of our top priorities."

The money for property tax relief comes from sales, income and miscellaneous taxes. The latest move by the Appropriations Committee adds $25 million more into the program for the current year and $38 million more for 2022. The total property tax relief amounts to $1.45 billion and will put $50 million in each of the two budget years into the state's 'rainy day' fund. This infusion money will put the reserve at an estimated $763 million by June 2023.

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IN A FIRST, US PIPELINE AGENCY WEIGHS CLIMATE CHANGE IMPACTS IN NEBRASKA, SOUTH DAKOTA CASE

WASHINGTON- A federal energy board is weighing how a proposed natural gas pipeline would affect greenhouse gas emissions, a move made this week by the Biden Administration in an effort to slow climate change. The Federal Energy Regulatory Commission voted 3-2 to approve a pipeline operator's request to replace almost 100 miles of natural gas pipelines in South Dakota and Nebraska. Findings showed the project's climate-warming carbon emissions would not be significant. 

FERC is an independent agency that regulates interstate transmission of electricity, natural gas and oil and other tests. Members are appointed by the president and are then confirmed by the Senate.

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SMALL NEBRASKA COMMUNITIES HIT HARD BY HIGH ENERGY COSTS FROM FEBRUARY COLD SNAP

LINCOLN- Residents of Pender were shocked to open monthly bills that ballooned from $200-$250 to nearly $900. Neligh, a town farther west, usually pays about $50,000 for its monthly gas supply, but the latest bill was 30 times that-- $1.5 million. Gas prices paid by communities shot up because of a high demand and a lack of supply during last month's cold snap. Towns are working with residents who are unable to pay a $900 heating bill. 

MUD said that even though natural gas prices rose by 50% during the polar vortex, the district was able to moderate the impact on residential customers by using reserves instead of buying high-cost gas offered on the spot during the emergency. Because of this, residents in the metro will only see a rise of $17.21 for their February gas bill. 

Sen. Justin Wayne of Omaha said his Urban Affairs Committee will consider advancing a bill that would provide $10 million in emergency aid to communities that got 'gouged' to pay off their natural gas bills. 

The state PSC has scheduled hearings for April that will hear testimonies about if it is possible for bills to be paid over several months. 

“We may have to change business practices,” said Ryan Hurst, utilities manager in Wahoo. “It’s better than getting burned for a half a million dollars.”

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COUNCILWOMAN BOWERS TO MAKE ANOTHER BID FOR LINCOLN LEGISLATIVE SEAT

LINCOLN- First-term Lincoln City Councilman James Michael Bowers will make another bid for the Nebraska Legislature next year. Bowers is a 32-year-old social worker and will run for District 46. Fixing Nebraska’s child welfare system, planning for the state's growing senior population and expanding access to health care are among Bowers' priorities, he said. 

He defeated Taylor Wyatt to represent District 1 on the City Council in 2019. Prior to that campaign, Bowers lost to Adam Morfeld in the race for the Legislature in 2014. However, Bowers feels hopeful this time around as Morfeld will be term-limited in this upcoming election. Morfeld plans to run for Lancaster County Attorney in 2022 and plans to support Bowers.

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'EVERYONE KNOWS CAMERON'- THE SEARCH IS ON FOR FREQUENT FELINE VISITOR TO NEBRASKA CAPITOL

LINCOLN- The leads are few. A possible sighting on the edge of the Near South neighborhood. A photo posted to social media. The question many people are asking is the same: "Where's the Capitol Cat?"

Cameron, a 5-year-old tabby and frequent visitor to the state Capitol grounds, went missing late last week after heavy rains and strong winds swept through Lincoln. Now, the search is on. A post from the @NECapitolCat Twitter account went viral over the weekend, rallying the community around the cat known for lounging mainly around the south and west doors at the statehouse. The tweet amassed 47,000 views as of Wednesday afternoon.

"Everyone knows Cameron," state Sen. Anna Wishart said Wednesday. "… He's become a Capitol mascot for a lot of people."

The senator from Lincoln said Cameron would often greet her and others who work at the Capitol in the morning and would be there as a companion during outdoor breaks in the day. Wishart hopes Cameron returns soon to his post to greet senators and Capitol staff alike.

"We have a lot of challenging things going on here, and it's just great when you're coming out of the Capitol and he's there," Wishart said. "He has a really great unifying effect for the Capitol."

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LEGISLATURE ADVANCES BILL THAT SEEKS TO BOOST FARM-TO-CUSTOMER MEAT SALES

LINCOLN — Nebraska lawmakers advanced a bill Tuesday that would make it easier for customers to stock up on T-bones and hamburger fresh from the farm.

State Sen. Tom Brandt of Plymouth said Legislative Bill 324 would make it easier for livestock producers to sell directly to customers and offer a free-market answer to the meat processing bottleneck that developed early in the pandemic.

“This is an opportunity bill, for small producers with a quality product,” he said.

Under the bill, consumers could buy a share of an animal or a herd from a farmer or rancher. That would entitle the consumer to part of the meat once the animal is slaughtered. The measure is modeled after a Wyoming “animal share” law. The ownership interest would allow the animal to be processed at a custom butcher shop, usually a small local business. It would be exempt from federal meat inspections required for meat sold at retail.

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NEBRASKA EXPERTS SAY BIDEN, OTHER LEADERS NOT DOING ENOUGH TO EMPHASIZE COVID PRECAUTIONS

LINCOLN- Gov. Pete Ricketts said Friday that President Joe Biden “struck the right tone” in expressing empathy for those lost in the COVID-19 pandemic but that he may not recognize that states including Nebraska have begun allowing small family groups to gather and having kids in classrooms.

“States like Nebraska are doing the things he’s saying already,” the Republican governor said.

Biden, in an address to the nation Thursday night marking the one-year anniversary of the pandemic, set a goal of making shots available to all U.S. adults by May 1, and making July Fourth an “independence day” from the virus, allowing small groups of vaccinated people to gather. The Democrat also called for a summit on reopening schools.

It’s frustrating, Ricketts said, that the White House doesn’t realize that states are at different stages in their fight against the pandemic. Meanwhile, two of the state’s leading pandemic authorities said federal, state and local leaders — including the governor — need to ramp up their messaging to prevent another surge in COVID-19 cases and overcome the reluctance of many to get vaccinated.

“There should be PSAs (public service announcements) blanketing the airways,” said Dr. James Lawler of the University of Nebraska Medical Center.

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NEBRASKA CRYPTOCURRENCY FIRM SEEKING APPROVAL FOR NOVEL STOCK OFFERING

LINCOLN- JP Richardson discovered Bitcoin in 2011 and realized it was much too hard to use for the average person. Until Richardson met Daniel Castagnoli. In 2015, the pair created Exodus Movement, which would take a few years to takeoff. Exodus is essentially a price of software that allows users to serve digital currencies. By the end of 2017, the company passed $1 million in total revenue. 

With the boom in crypto in the past few months, business has soared for Exodus. The digital wallet saw 140,000 users in January 2020 alone. Business grew from $8 million in 2019 to $21 million in 2020. Now, the company is on track to hit $100 million by the end of 2021. The wallet is free to use but includes add ons that customers can pay for. The company makes 2% on the charges and is the main source of money. 

With the current wave of excitement on cryptocurrencies, Exodus filed a unique Regulation A Tier 2 offering. This means they are offering up to $75 million in stock in the company at a price of $27.42 a share. This mechanism is unique because the only way to buy a share will be through Bitcoin or Ethereal and will have to be purchased through the Exodus Wallet app. The company is ensuring everyone will be able to buy in, not just wealthy investors with early access. The shares also will not be traded on the traditional stock market. 

Note:  Kissel Kohout ES Associates is proud to represent Exodus before the Nebraska Unicameral!

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