FORTENBERRY'S ATTORNEYS WANT JURORS TO HEAR ENTIRE INTERVIEW WITH INVESTIGATORS

LINCOLN — Attorneys battled last week over whether the jury in U.S. Rep. Jeff Fortenberry’s criminal trial will be allowed to hear the entirety of interviews he gave to federal investigators.

Fortenberry, a Republican, is accused of three felony charges of lying or misleading investigators.

His lawyers want jurors to hear the full interview given at the representative's home in Lincoln. They believe it will show "the agents' interruption questioning and invitations to tangents."

Federal prosecutors proposed hearing 19 segments of a nearly 50-minute interview in March 2019. This was proposed, partially, in an effort to save time according to the pretrial motion.

Fortenberry's defense attorneys, however, argued the interview deserves to be heard in its entirety to "rebut the government's theory that Fortenberry 'dug himself a medium-sized hole' by willingly providing incomplete and inaccurate responses.

“Fortenberry tried in good faith to recall the events asked about to the best of his ability, but those efforts are not fully apparent without all his statements and the context of this entire interview,” his attorneys stated.

Prosecutors also gave notice that they want to submit clips from a later interview in July of 2019 that Fortenberry and his then-attorney, former U.S. Rep. Trey Gowdy, gave to authorities. The proposed submission would include 27 clips from the interview, but the defense wants five more presented to jurors. Fortenberry is reportedly quoted in these clips as saying, "I'm just not recalling" and "I don't remember."

Last week, U.S. District Judge Stanley Blumenfeld rejected a proposal to move the trial to Nebraska. It will instead be held in U.S. District Court in Los Angeles. That trial begins on March 15.

Fortenberry is also facing a tough challenge in the GOP primary election from State Sen. Mike Flood of Norfolk. Flood has been endorsed by Gov. Ricketts and former Gov. Dave Heineman.

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NEBRASKA CONGRESSIONAL MEMBERS REACT TO RUSSIA-UKRAINE DEVELOPMENTS

WASHINGTON D.C.- Members of Nebraska’s congressional delegation react to the latest developments in the Russia-Ukraine tensions. Here are their statements:

Sen. Deb Fischer, R-Neb.- “Putin has been clear on his goals: reestablish the former Soviet Union. This was an invasion of a sovereign nation. Biden must show firm resolve, work with our allies, and immediately put in place strong sanctions.”

Rep. Don Bacon, R-Neb. -"Russia is now a pariah state and should be shut out of diplomatic and economic relations with the free world. Further, NATO and our Allies in the Far East must take the threat seriously, and significantly strengthen their defense capabilities. We have entered a new Cold War that could easily escalate if we do not take the Russian bully seriously. I call on President Biden and the United States to lead the immediate implementation of harsh economic sanctions on the Russian Federation, Mr. Putin, and his associates, and the Nordstream 2 gas pipeline.”

Rep. Jeff Fortenberry, R-Neb.- “Here are some answers that can make a difference: 1. Immediate return to American energy independence; 2. Europe ends its dependence on Russian natural gas; 3. Europe reestablishes its will to properly burden share with NATO; 4. Arms for, and support of reform within, Ukraine. Only by re-establishing strength do we have leverage for diplomacy.”

Sen. Ben Sasse, R-Neb.- "We need to get the Ukrainians more weapons. We should be doing gun runs around the clock to arm the Ukrainian people to the teeth. Our goal should be pretty simple: Help the Ukrainian resistance hold on for as long as possible. Make Putin regret his flagrant disregard for the rule of law.”

Rep. Adrian Smith, R-Neb.- I support additional strong and swift sanctions to hold President Putin accountable. The U.S. must work alongside our allies when weighing our options. In the meantime, President Biden must take steps to ensure — should Russia further violate Ukraine’s sovereignty — no American is left stranded.”

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RICKETTS APPONTS NORTH PLATTE BANKER TO GROENE'S OPEN SEAT

LINCOLN- Gov. Pete Ricketts appointed North Platte banker Mike Jacobson to fill the open seat of former state Sen. Mike Groene, who resigned this week following allegations that he took inappropriate photos of a former female staff member.

Jacobson, founder and president of NebraskaLand National Bank, was sworn in as the District 42 senator on Wednesday morning after the governor's announcement at the state Capitol. He was joined by his wife, Julie. Jacobson will complete Groene's term, which ends in early January 2023, and stated that he will run for election to the seat for a full term

Jacobson has been active in the community, serving as Chair of the North Platte Redevelopment Authority, Chair of the North Platte Airport Authority, and on the Great Plains Health Board of Directors. He’s also a Past President of both the North Platte Development Corporation and North Platte Public Schools Foundation Board. He has also given leadership to numerous professional and statewide associations. He’s a Past Chairman of the Nebraska Bankers Association and Past President of the Agriculture Builders of Nebraska Inc.

He has been a board member of the Nebraska Independent Community Bankers and has served on various committees with the American Bankers Association. Additionally, he’s served on the Governor’s Agricultural Advisory Council; University of Nebraska President’s Advisory Council; and University of Nebraska Council for Agricultural Research, Extension, and Teaching (CARET).

Jacobson is a graduate of Sutton High School and holds a Bachelor of Science in Agricultural Economics/Agricultural Education from the University of Nebraska-Lincoln.

Three North Platte residents had filed for the District 42 seat: Lincoln County Commissioner Chris Bruns, Brenda Fourtner, and retired Great Plains Health CEO Mel McNea. The district redrawn by the Legislature last year includes all of Lincoln, Logan, McPherson, Thomas, and Hooker counties and a large part of Perkins County.

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BIDEN APPROVES NEBRASKA DISASTER DECLARATION FOR DECEMBER STORM

WASHINGTON D.C.- President Joe Biden approved federal disaster aid Wednesday for parts of Nebraska pummeled by an unprecedented December storm.

The declaration makes federal dollars available to certain entities, including the state and eligible local governments, for emergency work or to help them repair or replace facilities damaged during the storm, according to the White House. The declaration applies to 25 counties, including Sarpy County.

It also makes federal funding available on a cost-sharing basis for hazard mitigation measures statewide.

The state did not qualify for a program that makes assistance available to individuals.

Nebraska saw more than 27 tornadoes within a three-hour time span and its first-ever winter derecho on Dec. 15. A derecho is a series of long-lived straight-line winds.

Biden’s declaration came a day after Nebraska’s congressional declaration submitted a letter requesting that the president approve the aid. Their letter pegged the damage estimate in the state at $6.79 million.

The White House noted that additional designations could be made at a later date if requested by the state and backed up by further damage assessments.

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BLUEPRINT NEBRASKA TAX PLAN LIKELY WON'T BE DEBATED THIS YEAR

LINCOLN - A comprehensive reworking of state taxes, proposed by a coalition of business groups called Blueprint Nebraska, will probably have to wait another year to get off the ground. Following a hearing that featured the CEO of Union Pacific Railroad and representatives from the Nebraska and Omaha chambers of commerce, the top tax senator for the State Legislature described the Blueprint proposal as needing more work.

State Sen. Lou Ann Linehan of Elkhorn chairs the legislative committee that handles tax issues. Linehan said "pieces" of the Blueprint plan match current priorities, including reducing the tax rate for the top state income bracket, but the overall proposal could use more study.

Even the head developer of the Blueprint Nebraska tax plan, former Sen. Jim Smith, acknowledged it is probably too late to get such a comprehensive proposal prioritized, debated, and passed. As of February 25, there are 28 days left in the 60-da legislative session. 

“Whether it’s this year or ’23, we think that this approach is what’s needed if we want to compete,” Smith said. “This bill is what tax modernization looks like.” 

Legislative Bill 1264, introduced by Omaha Sen. Mike McDonnell, has been in development since 2018. Supporters believe this to be essential if Nebraska wants to become more competitive tax-wise, attract more workers, and increase its population. LB1264 combines state income tax cuts with a broadening of the sales tax base to include more services that are not currently taxed. It also contains programs to forgive student loans in an effort to attract highly skilled workers. Sales tax collections would rise by $2 billion over 10 years, which would allow for cuts in property taxes under the plan.

Nebraskans who earn less than $50,000 would no longer pay state income taxes under the plan in an effort supports say is to lure more workers to Nebraska.

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SEED CORN COMPANIES SUE TROUBLED ALTEN ETHANOL PLANT FOR DAMAGES

LINCOLN - AltEn, which has operated a troubled Nebraska ethanol plant that used pesticide-coated seed corn to produce biofuel, is facing more legal trouble.Six seed corn companies that have been cleaning up the AltEn ethanol plant site near Med, Nebraska, filed two separate federal lawsuits on Tuesday, February 22 seeking repayment for their work.

One of such lawsuits alleges that AltEn, its owner Tanner Shaw, and other companies under Shaw's control have mishandled the seed corn and contaminated byproducts in "violation of federal and state laws." They also allege that AltEn did not meet its commitments to the seed corn companies to dispose of the chemically treated seed properly.

Shaw allegedly abandoned the site and left millions of gallons of wastewater and thousands of tons of waste grain. This is in direct conflict with state orders to clean the site up.

“Environmental controls were lacking or nonexistent,” one lawsuit stated.

Another lawsuit claims that, in an effort to prevent creditors from getting reimbursed, Shaw sold off his assets. The seed corn companies also claim AltEn has refused to participate in stabilization efforts and instead hindered the response by the seed corn companies.The lawsuits filed Tuesday allege the "failures" of AltEn include the release of untreated wastewater onto neighboring parties, the stockpiling of thousands of tons of wet cake byproducts, and the mismanagement of millions of gallons of wastewater in lagoons "perilously close to failure."

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NEBRASKA MEDICAL PROVIDERS LINE UP FOR SLICES OF FEDERAL RELIEF FUNDS

LINCOLN - Nebraska’s nurses, nursing homes, assisted living centers, behavioral health providers, medical clinics, rural care providers, and people serving those with developmental disabilities all are seeking funding boosts,  a legislative committee heard Tuesday, February 22. 

Those seven bills seek to spend a combined $294.5 million in federal American Rescue Plan Act (ARPA) funds if they are approved. The Appropriations Committee heard different cases to ease staffing and funding challenges for Nebraska's health care system.

• Legislative Bill 1055, proposed by Sen. Mike McDonnell of Omaha, would spend $50 million in federal relief funds for hospitals and federally qualified medical providers to offer bonuses and increased pay to "front-line" nurses caring for patients. By implementing LB1055, 20,000 of Nebraska's nurses would receive about $2,000 each.

• Legislative Bill 1089, proposed by Sen. John Stinner, would set aside $60 million in federal relief funds to help nursing homes boost pay for direct-care employees. $45 million of those funds would be put towards Medicaid beds and would concentrate $15 million on nursing homes with the most residents funded by Medicaid.

• Legislative Bill 1269, proposed by Sen. Dave Murman, would allocate $10 million in federal relief funds to help benefit medical professionals repay their student loans in rural areas.

• Legislative Bill 1183, proposed by Sen. Ray Aguilar, would create $25 million in grants for the outpatient community clinics that serve Nebraska's neediest patients. The grants would be used on clinic-related construction projects.

• Legislative Bill 1066, proposed by Sen. John Stinner, would set aside $5 million in federal money for the addition of new mental health beds in rural Nebraska and $28 million for the University of Nebraska's Behavioral Health Education Center.

• Legislative Bill 1172, proposed by Sen. Robert Hilkemann of Omaha, would allocate $111 million in federal funds, or $37 million a year for three years, to help DHHS pay more to providers who serve people with developmental disabilities and would help offset COVID-19 related losses and cost increases.

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HERBSTER WAS SCHMOOZING WITH TRUMP TEAM JAN. 5-6 AS THEY DETAILED PLANS TO OVERTURN ELECTION

WASHINGTON D.C.- Charles Herbster, Conklin Co. CEO and governor candidate spent his January 5-6th of 2021 in Washington D.C. with former President Trump's inner circle, including General Michael Flynn, and Trump's sons.

Charles Herbster campaigns on his close ties to former President Trump and touts their friendship both in the political world and their personal lives. Herbster has been asked a number of times to detail what he did and saw on the days leading up to January 6th, 2021, but has declined all requests.

The Nebraska Examiner obtained over 130 texts from Herbster to his campaign staff over a 25 hour period before, during, and after the January 6th insurrection. Theresa Thibodeau who was campaigning with Herbster at the time is on the text exchange. Thibodeau left the Herbster campaign and launched a campaign of her own for the Nerbaska Governors seat.

Herbster’s campaign told the Examiner last week that he had not been called to testify before the select committee in Congress investigating the Jan. 6 riots.

On Thursday Former U.S. Rep. Hal Daub has endorsed Hebster in Nebraska’s GOP primary election for governor. Daub, who also served as a University of Nebraska regent and Omaha’s mayor, called Herbster “a person of integrity with deep management experience.” Daub also praised Herbster’s fight against what he called “anti-patriotic education.”

Daub clashed at times on the NU Board of Regents with Herbster’s top opponent, Republican Jim Pillen

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BILLS SEEKING TO BAN OR RESTRICT ABORTION HEARD IN MARATHON PUBLIC HEARING

LINCOLN — Abortion opponents and supporters of reproductive rights filled a State Capitol hearing room Thursday to voice often emotional opinions about three bills that would either ban or further restrict abortion rights.

The proposals come as the U.S. Supreme Court appears poised to strike down Roe v. Wade, the landmark 1973 decision that allowed pregnant women the right to choose whether to end or continue a pregnancy.

LB933, the Nebraska Human Life Protection Act. The legislation would ban abortion in the state if Roe v. Wade is overturned, enabling legislation is passed by Congress, or if the U.S. Constitution is amended

LB781, the Heartbeat Bill. Introduced by Sterling Sen. Julie Slama, it has 22 cosponsors. It has not been prioritized, which means it may not be debated this year.

LB1086, the Chemical Abortion Safety Protocol Act. It was introduced by Lincoln Sen. Suzanne Geist and five cosponsors. Kearney Sen. John Lowe has made it his priority bill.

The so-called “trigger” bill was introduced by State Sens. Joni Albrecht of Thurston and Mike Flood of Norfolk. It was picked by the Speaker of the Legislature, Lincoln Sen. Mike Hilgers, as his priority bill. Fifteen other senators have signed on as co-sponsors of LB 933. Opponents said LB 933 would force many women either to obtain expensive abortions out of state or bear children they may not be emotionally or financially able to care for. LB 781 would block an abortion if a fetal heartbeat could be detected by an ultrasound, which Slama said begins six weeks after conception. LB1086 would ban the mailing of chemical abortion pills, which account for 70% of the abortions in the state, according to Geist.

Opponents said the measures would force many women either to obtain expensive abortions out of state or bear children they may not be emotionally or financially able to care for. The committee took no action on the three bills after a hearing that continued into the evening.

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INCOME TAX CUT BILL MOVES FORWARD, BUT CRITICS WANT BENEFITS FOR POOR, MIDDLE CLASS

LINCOLN — A major proposal to cut state income tax rates and corporate income tax rates moved forward in the Nebraska Legislature Thursday, but only after its chief sponsor agreed to work on a compromise.

Legislative Bill 939, introduced by State Sen. Lou Ann Linehan of Elkhorn, would reduce the state’s top income tax rate over three years from 6.84% to 5.84%. The state’s corporate income tax rate would also drop from 7.1% to 5.84% by tax year 2026. The bill is a top priority for Gov. Pete Ricketts and for the Nebraska Chamber of Commerce and other business groups, who argue that the top income tax rate — higher than all neighboring states except Iowa — makes the state unattractive for business.

But opponents of the bill, led by Lincoln Sen. Matt Hansen, argued that more than half of Nebraska taxpayers would get no tax reduction from LB 939. He also said that it is unfair that the most wealthy 1% of Nebraskans earn half of the state’s income but pay only 10% of the income taxes.

The state economic forecasting board will make a new prediction Monday on expected state tax revenue, which Linehan said will help determine whether the income tax cut is affordable. The fiscal note on LB 939 estimated that it would lower state tax collections by $365 million for the individual income tax cuts alone when fully implemented. That figure caused some senators to question whether the state would be able to fund state services if the full tax cut was enacted. When asked what amendments might be needed, Linehan said the tax cut may have to be spread out over more years.

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FORTENBERRY RELEASES POLL CLAIMING LEAD OVER FLOOD IN CD1 RACE; FLOOD ENDORSED BY FORMER NE GOP CHAIRS

LINCOLN - U.S. Rep. Jeff Fortenberry’s re-election bid has a path to victory despite his indictment for lying to the FBI about foreign funds raised for a previous campaign.

That’s the upshot from his team’s most recent poll, which reached 405 likely GOP primary voters in Nebraska’s 1st Congressional District. The Nebraska Examiner obtained a copy of the poll, including the questions that were asked. The poll shows nine-term incumbent Fortenberry leading former Speaker of the Legislature Mike Flood by 10 points, head-to-head, which is outside of the margin of error. The margin of error was plus or minus 4.5%, per the campaign. The poll was conducted Wednesday via calls to landlines and cell phones. In January, the same pollster found the two candidates closer, within the margin of error.

Fortenberry’s negative advertising against Flood appears to be having an impact, his polling firm, Moore Information Group found. The new poll shows more voters are reacting unfavorably to Flood since the advertisements started airing. The ads were still running this week, during the polling.

Flood joined the race in mid-January and secured the endorsements of Nebraska’s last two governors, Republicans Pete Ricketts and Dave Heineman. Much of the state’s GOP leadership is behind him. Fortenberry faces a wild card: three felony charges saying he lied to or misled federal investigators about his campaign’s fundraising. His trial is scheduled to begin March 15.

Meanwhile Flood continues to rally much of the state’s GOP leadership around his U.S. House campaign to unseat indicted fellow Republican Rep. Jeff Fortenberry of Lincoln. Flood’s campaign on Wednesday announced endorsements from three former chairmen of the Nebraska Republican Party: Mark Fahleson, Mark Quandahl and David Kramer.

In a joint statement, they highlighted Flood’s work to limit abortions and cut taxes. “He’s a law-and-order conservative,” the statement said. “He cares about our party, stopping the Biden agenda, and he will fight for Nebraskans and our conservative values.”

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ANTI-CRITICAL RACE THEORY BILL GETS COOL RECEPTION AT LEGISLATIVE HEARING

LINCOLN - The bill known as Nebraska's anti-critical race theory bill got a cool reception at a legislative hearing Thursday.

Students, teachers and representatives of higher education were among 40 people who testified against the bill. Many, like Sandra Gable, a high school teacher for 34 years, expressed concern the bill would prevent teaching an accurate history of America that included all its blemishes.

Gable said the bill is an attempt to "whitewash or even rewrite American history...This bill opposes everything that I have spent my life doing and learning and teaching," she said.

Three people testified in favor of LB 1077 during the 3-1/2 hour hearing before the Legislature's Government, Military and Veterans Affairs Committee.The bill would prohibit Nebraska public schools, public colleges and government entities from providing training to teachers, students or employees if that training promoted race or sex "scapegoating," stereotyping or discrimination. If schools or colleges were found to violate the law, the state could withhold funding.

Committee member State Sen. Carol Blood expressed concern about the bill.

"If I were a person of color, if I were a person with a disability, if I were a person who has struggled because of how I identify, where I come from, how I look, I might be insulted by this," Blood said. She said the bill suggests that their perspective is not important.

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RICKETTS ANNOUNCES TRADE MISSION TO UK, IRELAND COINCIDING WITH HUSKER GAME

LINCOLN- Gov. Pete Ricketts and business leaders will travel to the United Kingdom and Ireland in August to promote Nebraska businesses on a trade mission that coincides with the Husker football team's season opener in Ireland.

The trade mission will focus on agriculture, insurance, and other major Nebraska industries, Ricketts announced Monday. It also will allow the trip participants to watch the Huskers play Northwestern in person on Aug. 27.

Ricketts, a Republican, has led Nebraska business executives and state administrators on trips to Asia, Europe, Mexico, and Canada during his tenure, with the goal of helping business leaders build relationships abroad and getting foreign companies to invest in Nebraska.

He said the U.K. is a dominant player in Europe's insurance industry, which is also a major employer in Nebraska, and several Nebraska companies have offices in England. Companies based in Ireland and Britain have created about 6,000 jobs in Nebraska, he said, pointing to British drugmaker GlaxoSmithKline's office in Lincoln.

"There's a great opportunity for Nebraska companies to go over there and find business opportunities," Ricketts said at a press conference. "We'd love to help open up doors for (business) folks to be able to get into the U.K."

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POLITICAL NEWCOMER FROM LINCOLN SAYS HE KNOWS WHAT EVERYDAY PEOPLE GO THROUGH

LINCOLN- Jazari Kual says those representing Nebraska in Washington, D.C., should look more like the people being served.

That’s why he’s running for Congress.

Kual is seeking Nebraska’s 1st District seat in the U.S. House of Representatives, which has been represented by Rep. Jeff Fortenberry since 2005. Kual entered the race as a Democrat and will face State Sen. Patty Pansing Brooks in the primary election May 10.

The 26-year-old is a journalism student at the University of Nebraska-Lincoln. He said he plans to graduate next spring.

Kual first gained local recognition over the summer of 2020 for filming the protests in Lincoln and Omaha spurred by the killing of George Floyd by a Minneapolis police officer.

Kual said he ultimately decided last year to run for Congress because he was disappointed in Fortenberry’s votes on legislation addressing police brutality and the pandemic.

Kual is a co-founder of LNK Freedges, a hunger relief organization in Lincoln. He said he also volunteers with other local organizations.

Kual said statements Fortenberry made around the time of the missed CASH Act vote — including one where he said he favored more targeted relief — made the congressman seem out of touch.

Kual said he has heard from multiple Nebraskans who have just turned 18 that he will be the first person for whom they will vote.

“It’s really inspiring to me,” he said. “My whole goal is to inspire young people to get involved.”

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RISING COSTS FOR CARE OF VUNERABLE NERASKANS MAY BE AT ODDS WITH TAX CUT HOPES

LINCOLN- Lawmakers’ dreams of making major tax cuts this year are about to collide head-on with the pandemic-driven costs of caring for Nebraska’s most vulnerable citizens.

On the one side are proposals to reduce individual and corporate income taxes, exempt Social Security benefits from taxes, and drive down property tax bills with increased state aid for schools.

People spoke in support of proposals to raise provider rates by 10% to 15% in the fiscal year starting July 1, bills that would boost state spending by $75 million or more for the two-year budget period.

Based on the committee’s preliminary budget plan, that would leave $30 million or less for tax cuts or other spending priorities. The amount available could change after a state panel meets in late February to update state revenue projections.

State Sen. John Stinner of Gering, the Appropriations Committee chairman, said rate increases are necessary to fulfill the state’s obligations in an unprecedented time. He said he hopes to lay a foundation, between state dollars and federal pandemic relief money, so providers can emerge from the pandemic with competitive wages and the ability to provide critical services.

“Increasing provider rates is something you have to do,” he said. “You do not want to call out the National Guard for group homes. All I’m trying to do is do what’s right, trying to keep people in business, trying to keep services going.”

But it will be up to the full Legislature to decide where to put the state’s money.

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RETIRED LIEUTENANT COLONEL FROM OFFUTT JOINS FORTENBERRY'S GOP CHALLENGERS

BELLEVUE- A newly retired lieutenant colonel from Offutt Air Force Base is the latest Republican to file for the congressional seat occupied by Rep. Jeff Fortenberry.

John “Glen” Weaver said his run for political office provides him an opportunity to continue serving his country.

“We need a point of reflection and clarity in this country,” he said. “I want to bring decency and honesty to the district.”

Weaver, 45, retired as chief of the 55th Wing Command Post. He has served two stints at the base for a total of 15 years.

Weaver has served 22 years with the Air Force and has been on 11 deployments, including in the Middle East and Southwest Asia. He has been on the ground and flown combat missions in Iraq and Afghanistan. His years in the military, his experience with national security, and his time at Offutt position him well to serve the district, he said.

Weaver is an Omaha resident, which places him outside of the 1st Congressional District’s boundaries. He said he intends to move to Bellevue, which is in the 1st District. House members are not required to live within the district they represent.

Weaver joins the race along with incumbent Jeff Fortenberry, Sen. Mike Flood, Thireena Yuki Connely, and Curtis Huffman.

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STATE CHAMBER WEIGHS IN ON CASINOS, SAYS LET FREE MARKET DECIDE HOW MANY

LINCOLN - A political heavyweight, the Nebraska Chamber of Commerce, is weighing in on the sticky issue of how many gambling casinos should be allowed in the state.

In a 23-8 vote, the Nebraska Chamber’s board of directors voted Thursday to oppose any effort by state legislators to limit the number of casinos by geography.

Typically, the organization stays out of gambling issues. This vote specifically concerned the geographic restrictions on casino locations and whether or not to limit the number to the state's six horse racing tracks, however.

Nebraska voters approved casino gambling in November 2020 which opened the door for potentially five new locations: Bellevue, Gering, Norfolk, North Platte, and York.

A bill currently under consideration would require any new casino that does not accompany a racetrack to be at least 50 miles from an existing racetrack. If passed, it would bar new casinos in Bellevue, Norfolk, and York because of their proximity to existing tracks. 

One proposed amendment would change the distance to 75 miles, excluding the state's three largest counties: Douglas, Lancaster, and Sarpy.

Dirk Petersen of Norfolk, a former president of the Nebraska Chamber, said now that casinos are legal, they should have the same free enterprise rights as any other business. 

“I think it’s an overreach of government when they try to dictate where private businesses should be located,” said Petersen, a retired executive of Nucor, the huge steel mill outside Norfolk.

Opponents of expanded gambling see it differently. Pat Loontjer of Gambling with the Good Life supports limiting the state to six casinos.

“Let’s wait a couple of years, see how it impacts those communities and family and taxes,” she said, “and then see if we want to inundate the state with casinos.” 

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U.S. DISTRICT JUDGE JOHN GERRARD ANNOUNCES HIS RETIREMENT

LINCOLN - U.S. District Judge John Gerrard has announced that he will transition to senior judge status by next year, creating a vacancy on the federal bench in Nebraska to be filled by President Joe Biden. 

Gerrard, in a letter Monday to the president, wrote that he will continue to “render substantial judicial service” because of a heavy caseload in Nebraska and because there are only three active federal judges.

He also urged the president to make a "timely appointment" of a successor and added that he was confident Nebraska's two Republican U.S. senators, Deb Fischer, and Ben Sasse, will work with the Democratic President.

“Nebraska has a long history of promptly filling vacancies on the federal bench,” Gerrard said in a press release. 

Gerrard declined to comment when asked whether the timing of his announcement was related to the possibility that the U.S. Senate could flip from Democratic control to Republican after the 2022 election.

Then-President Barack Obama appointed Gerrard, 68, to the bench and was confirmed by the U.S. Senate in 2012 on a 74-16 vote. 

Previously, Gerrard had served on the Nebraska Supreme Court from 1995 to 2012 after being appointed by then-Governor Ben Nelson.

Gerrard was in private practice in Norfolk, Nebraska prior to becoming a judge.

He said he is "still healthy, alive, well, and judging" and that his departure is solely due to his age; an age that other judges have made similar transitions at.

The U.S. District Court retains two senior judges, Richard Kopf and Joseph Bataillon. 

Gerrard said he will continue with his current caseload until February 2023 when he will make the final transition. 

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BILL TO GIVE TAX BREAKS TO CARBON CAPTURE FACILITIES RUNS INTO OPPOSITION

LINCOLN - A bill to ensure that Nebraska ethanol plants can qualify for state tax incentives for building carbon-capture facilities is running into opposition from a leading environmental group.

The Bold Alliance, which includes Bold Nebraska, the group that led the fight against the Keystone XL crude oil pipeline, testified last week against a proposal to ensure that state ImagiNE Act tax breaks are allowed for the “capture, transport or geologic storage” of carbon dioxide, a leading greenhouse gas.

There are at least two companies looking to build CO2 pipelines that cross Nebraska. The gas would be transported in liquid form, under high pressure, from ethanol plants and other manufacturers to storage deep underground.

A Bold Alliance representative testified at a legislative hearing Wednesday, January 2 that it is unnecessary to provide tax breaks for projects that are already planned in the state. They also noted that CO2 pipelines are risky and not subject to state regulation.

Advocates for the tax breaks have said that building carbon storage facilities will benefit the state's environmental rating, which would, in turn, allow them to increase sales to states such as California and Oregon. 

Now a year after state lawmakers passed a law that allows carbon storage facilities, State Sen. Dan Hughes introduced Legislative Bill 801, which he said would clarify that Nebraska's ethanol plants can get tax incentives if they build a storage facility on their own property. 

Hughes said current law provides incentives for CO2 pipelines that cross state borders but does not allow tax breaks for CO2 facilities that service only in-state customers. 

Tony Goins, the director of the Nebraska Department of Economic Development, came to the same conclusion and conveyed this to the Legislature's Revenue Committee during the public hearing.

“It’s a very big deal,” the senator said. “It would certainly give Nebraska ethanol plants a greener rating to sell ethanol in the California and Oregon markets.” 

Ken Winston, the Bold Alliance representative, testified that tax incentives should be provided to attract new businesses and jobs to the state, not to benefit currently existing projects that have already chosen to locate here.

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HERBSTER AND PILLEN SPAR OVER CRITICAL RACE THEORY

LINCOLN- Hog farmer Jim Pillen’s latest television ad takes aim at critical race theory. He says he knows slop when he sees it.

Charles Herbster, Pillen’s top opponent in Nebraska’s Republican primary for governor, questioned Pillen’s sincerity. He said he should have done more to protect university students from critical race theory. 

Herbster pointed to Pillen’s 2018 vote, as a University of Nebraska regent, in support of hiring a leader to create a new Office of Diversity and Inclusion at the University of Nebraska-Lincoln. The office was created after being studied for four years following race-related incidents on UNL’s campus. Pillen has been an NU regent since 2013.

“Jim Pillen’s lack of action and courage on critical race theory when Nebraska students needed him the most is shocking,” Herbster said.

“His sudden reversal in a paid ad for political purposes is too little, too late.”

Herbster said that, if elected governor, he would work with local school boards and the NU system to “make sure students are taught to love, not hate, America.” 

Pillen’s campaign said that he was the first elected university regent in the U.S. to stand up against critical race theory and that he is a recognized leader in higher ed on the issue.

Herbster’s attack on Tuesday followed criticism Pillen leveled against him on Friday. Pillen had criticized Herbster for locating Conklin Co. out of state. Herbster responded by criticizing Pillen’s business, Columbus-based Pillen Family Farms. 

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