NEBRASKA JOINS OTHER STATE TO FIGHT NEW WOTUS RULE

LINCOLN- On Thursday, Nebraska Attorney General Mike Hilgers announced that Nebraska, alongside 24 other states, would bring forth a lawsuit against the Biden administration's rule defining Waters of the United States, or WOTUS. The multi-state coalition claim that the U.S. Environmental Protection Agency and Army Crops of Engineers rushed to implement the new rule, despite concerns from the Supreme Court, which will be weighing in on the scope of WOTUS in a few weeks. 

AG Hilgers, in a statement, stated that WOTUS negatively impacts Nebraska farmers, who will now need to obtain permission from the EPA and Corps of Engineers to fill or dredge wetlands or waterways depending on if those features fall under the federal government's jurisdiction. "If the final rule is left in place, then ranchers, farmers, miners, homebuilders, and other landowners across the country," said the coalition's lawsuit, "will struggle to undertake even the simplest of activities on their own property without fear of drawing the ire of the federal government."

The Obama administration previously sought to introduce WOTUS, but the Trump administration replaced the WOTUS rule with the Navigable Water Protection Rule, which was finalized in 2020 and significantly narrowed federal jurisdiction. President Biden expanded WOTUS again, and Hilgers claimed in his statement that "navigable water" under the new rule is defined as ponds, certain streams, ditches, and other bodies of water under the Clean Water Act. 

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SENATOR MAKES PITCH TO START TAXING E-CIGARETTES AS A WAY TO REDUCE TEEN USAGE

LINCOLN- With the usage of e-cigarettes exploding among teens, Sen. Jana Hughes told the Legislature's Revenue Committee on Wednesday that it's time to implement a state excise tax on the products. "It's super addictive," she added, saying that people who claim they're less addictive than cigarettes are completely false. 

Currently, Nebraska is one of 20 states that don't tax e-cigarettes, but Sen. Hughes LB584 may change that. The bill would impose an excise tax of 5 cents per millimeter of consumable vaping material, though Hughes expressed interest in amending the bill to tax a percentage of the price instead, like 20%.

A 2021 survey from the Nebraska Department of Health and Human Services found that e-cigarette use by teens in grades 9-12 increased from 9% in 2015, to 14% in 2021, and that the most popular flavors of vaping product are fruit, menthol, and mint. Similarly, use of e-cigarettes by adults is on the rise as well, with 3.8% of adults in Nebraska consuming the product in 2017, and 5.9% in 2020.

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NEBRASKA REVENUE FORECAST REMAINS UNCHANGED DESPITE DROPPING TAX RECEIPTS

LINCOLN- A slight drop in state tax receipts was not enough to convince the Nebraska Economic Forecasting Advisory Board to adjust its optimistic revenue forecast from four months ago. The board voted unanimously to maintain the previous revenue forecast that was set last October. The October forecast increased Nebraska's revenue projections for the next two fiscal years by roughly $1.8 billion, bringing the anticipated revenue for both years to more than $13 billion. 

Officials from the State Department of Revenue and the Legislative Fiscal Office projected a slight drop in general fund revenues of about 1% for the current fiscal year, amounting to about a $100 million decrease. This is believed to be largely due to a decline in sales and individual income tax revenues, which were responsible for state tax collections between November and January being roughly 1.5% lower than projections. 

Despite the drop, multiple board members said they were optimistic that Nebraska was in good shape to handle the slight downturn. "I think we'll be able to weather this storm," said board member Leslie Andersen. The lack of change came as no surprise to State Sen. Robert Clements of Elmwood, chair of the Legislature's Appropriations Committee, who said he expected the projections would remain flat. 

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SHIFT OF ENVIRONMENTAL TRUST FUNDS AND CONSTRUCTION OF NEW PRISONS PANNED

LINCOLN- Gov. Pillen's proposed state budget plan was outlined to a panel of Revenue Committee legislators on Monday, which included his plan to divert $14 million over the next two years from the Environmental Trust and place them in a state water resources fund. Critics of the plan argued that it would divert important funds away from recycling and conservation projects, and that, if necessary, the funds for the water resources fund could be garnered from state tax dollars. 

One testifier even went so far as to say that Pillen's plan might be unconstitutional, and that it disregards the intent of the Environmental Trust, which seeks to "conserve, enhance, and restore natural environments." The shifting of funds away from the Environmental Trust was defended by Pillen's office, which claimed that they will be able to contribute millions of dollars to several needed water projects. 

Some critics of the proposal, like Spike Eickholt from the ACLU of Nebraska, argue that some of the funds taken from the Trust will be used in the building of former Gov. Ricketts' long-sought-after 1,500-bed state prison, which, if built, is expected to reach full capacity by 2030. "This commitment should not be made without significant criminal justice reforms," argued Eickholt. 

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STATE REACHES DEAL WITH NEBRASKA CORRECTIONS OFFICE UNION

LINCOLN- On Tuesday, Governor Pillen signed a historic agreement with Nebraska's corrections office union that solidified a new labor contract. This agreement, which is between the State of Nebraska and the Fraternal Order of Police, an organization that represents personnel classified as protective services, includes 3% market-adjustment compensation increases for employees over the next two years. 

Besides that, the deal also secures performance-based compensation increases for security communications specialists, security guards, and military security officers at NDCS and the Department of Health and Human Services. "Our people at our correctional facilities are great public servants who work tirelessly to help ensure public safety," said Gov. Pillen in a press release, "This agreement shows that Nebraska is dedicated to supporting our protective services men and women as they work every day to keep our state safe."

Fraternal Order of Police President Mike Chipman said the deal will allow the recent hiring successes they've experienced to continue over the next two years. "we have already hired more than 400 officers and hope this agreement continues that success," said Chipman.

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REP. FLOOD SEEKS ASSURANCES THAT FOREIGN LAND BUYS IN RURAL AREAS ARE NOT PART OF SURVEILLANCE ACTIVITES

WASHINGTON, D.C.- Nebraska Congressman Mike Flood, during a House financial services hearing, highlighted the possibility of Chinese surveillance programs and questioned a former assistant Secretary of the Treasury about the purchasing of land by Chinese business entities in rural America. "Folks in North Dakota and several rural states are raising the red flag about the Chinese Government purchasing real estate in the United States," claimed Flood during the hearing. 

Flood asked Tom Feddo, the former assistant Secretary of the Treasury, about the extent to which Chinese real estate purchases came under review by the Committee on Foreign Investments in the United States. Feddo responded by claiming that the CFIUS is primarily concerned about real estate purchases near military installations, but didn't indicate how many purchases came under review. 

Flood, later on in the hearing, cited an instance where the Chinese government offered to purchase a garden in Washington, D.C., claiming that this was an attempt at information-gathering. This particular instance fell outside of the CFIUS's jurisdiction for review, but Flood claimed that such purchases must be review by them to ensure that no information-gathering is allowed.

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AS STATE'S RACING SEASON TAKES OFF, WAGERS ARE OFF LIMITS OUTSIDE OF NEBRASKA

LINCOLN- Last weekend, the Nebraska horse racing season thundered from the starting gates, but most of the United States will not be able to watch or bet on the races. That's because Fonner Park, which runs a large majority of Nebraska's live races, decided not to simulcast its races to other states because it would have to comply with strict federal regulations. 

Tom Sage, executive director of the Nebraska Racing and Gaming Commission, said state regulators decided last year not to opt in to adopting the Horse Racing Integrity and Safety Act rules, a law introduced by Congress in 2020, statewide, allowing each individual racetrack to make that decision for themselves. Sage defended that approach by pointing to several flaws he found in the rules, including high costs. "Basically, they want the state commissions to enforce the federal law, but they want us to pay the enforcement costs," said Sage. 

Sage went on to state that, if Fonner Park were to adopt the rules implemented by Congress, it would cost the organization around $250,000 a year, not including additional costs related to hiring additional staff to comply with the rules. Chris Kotulak, Fonner Park CEO, called the rules "unreasonable and overreaching."

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DR. TIMOTHY TESMER NAMED NEBRASKA'S CHIEF MEDICAL OFFICER

LINCOLN- Dr. Timothy Tesmer, a physician and surgeon with over 35 years of experience in Lincoln, was named by Gov. Pillen as Nebraska's new chief medical officer, an appointment which will incorporate Tesmer into the Nebraska Department of Health and Human Services. 

"I am excited to have Dr. Tesmer join DHHS," said Gov. Pillen, "he is a distinguished physician....and his expertise will be pivotal in serving Nebraska as our chief medical officer." Prior to starting his own private practice, Dr. Tesmer was employed at CHI's Physician Network, where he served as a physician specializing in ear, nose, and throat otolaryngology. 

Dr. Tesmer will replace Dr. Gary Anthone as the next state chief medical officer, following Anthone's resignation to serve at Vetter Senior Living, an organization that runs several assisted-living facilities in Nebraska. 

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CIVIC NEBRASKA SAYS STATE'S 2022 GENERAL ELECTION WAS 'SAFE' AND 'SECURE'

LINCOLN- The Nebraska voting rights group, Civic Nebraska, has completed its 2022 election report and deemed the state elections safe and secure despite multiple identified issues. The report from Civic Nebraska cited the observations of 43 volunteers who observed 140 polling sites last year. The group operated an election problems hotline and contacted election officials to report them. 

The two problems identified were a missing ballot page for 25 people, and cross-talk during voting by a handful of poll workers in support of the voter ID ballot initiative. Civic said that both situations were handled by election officials effectively and they were taken seriously. The voting rights director at Civic Nebraska praised Douglas County Election Commissioner's role in handling hiccups on election day.

Nebraska Secretary of State Bob Evnen said he was pleased Civic Nebraska acknowledged the 2022 election was “fair and secure.” He thanked county election officials for their work. “It is vital that it be easy to vote and hard to cheat,” he said Monday. “And we continue to focus on both.”

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GAMBLING OPPONENTS INCLUDING TOM OSBORNE TAKE ISSUE WITH BETTING ON NEBRASKA HOME GAMES

LINCOLN- Former Husker coach Tom Osborne urged lawmakers Monday not to allow betting on Husker home football games and other in-state matches played by Nebraska college and university teams. LB168 would lift the prohibition in state law against betting on home games of Nebraska college teams. The bill would direct tax revenues from those bets into the state’s college scholarship fund. 

State Sen. Eliot Bostar of Lincoln, who introduced the bill, said he wanted to provide consistency, not expand gambling. He pointed out that a law passed in 2021 allows people to bet on Nebraska collegiate teams or athletes when they are competing outside of the state. “Nebraska teams are already subject to sports betting, just not in Nebraska,” he said. 

Nate Grasz, speaking for the Nebraska Family Alliance, said the prohibition was part of a compromise agreement that helped clear the way for passage of the 2021 law. Lynne McNally of WarHorse Casino said laws allowing college athletes to get paid for the use of their name, image and likeness have changed the dynamics for those athletes. She said they would resist pressure from gamblers because they want to maximize the money they can make through what is commonly called NIL.

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PROPOSED RESTRICTIONS ON NEBRASKA SCHOOL BATHROOMS, SPORTS TEAMS TRIGGER TENSE HEARING

LINCOLN- LB575, proposed by State Sen. Kathleen Kauth of Omaha would supersede a Gender Participation Policy adopted by the Nebraska School Activities Association for sponsored athletics. The bill would categorize all school bathrooms and sports teams as biologically male or female. 

In the bills hearing this week, Kauth said it's a “fair” and “common sense” measure that would “uphold Title IX” and allow schools to determine a policy to track students’ sex for bathrooms and sports teams. “Natural changes that come with puberty can be awkward and embarrassing. Allowing biological males or females into each other’s private spaces will cause extreme discomfort and distress for many students," claimed Kauth.

Many flooded to the capitol to both support and oppose the bill. The opposition was the larger of the groups with doctors, psychologists, coaches, athletes, transgender individuals, parents, and many more speaking about why the bill is unneeded. Dr. Rose Essecks of the Nebraska Psychological Association said, "We are in the middle of a youth mental health crisis, and transgender children and teens are already at higher risks than cisgender youth at developing significant mental health problems as a result of the discrimination and victimization they experience on a daily basis."

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LAWMAKERS WEIGH WHETHER TO RESTRICT LOCAL HEALTH DIRECTOR'S AUTHORITY OVER PUBLIC HEALTH MEASURES

LINCOLN- At the beginning of the Covid-19 pandemic in 2020, local public health directors alongside state and local governments issued directed health measures to mitigate the spread of the virus. According to several nurses, including Julia Keown, these health measures alleviated a substantial amount of strain and stress on health care workers. "When directed health measures were announced, there would be a collective sigh of relief amongst bedside clinicians, myself included," Keown told the Health and Human Services Committee during a Wednesday hearing, "We would actually cheer because we knew it was going to work, and it did."

However, despite the alleged success of these directed health measures, Sen. Kauth, through LB421, seeks to require county board or city councils to approve these public health director-recommended measures before they can be implemented. "It maintains the importance of the education and experience brought by public health directors but redirects the responsibility of restricting liberties," said Sen. Kauth in defense of LB421, "This should also serve to redirect the ire of the public from the public health director to elected officials where it belongs."

Sen. Kauth went on to state that the bill was drafted following backlash in Omaha and Lincoln directed towards public health officials after Covid-19 measures were implemented. During the hearing, State Sen. Lynne Walz, as well as several opponent testifiers, expressed concern over how this bill will affect smaller communities in Nebraska. 

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LEGISLATORS PLAN TO WAIT, AND LISTEN, BEFORE DECIDING UNIVERSITY OF NEBRASKA BUDGET

LINCOLN- A preliminary budget proposal for the University of Nebraska was revealed Wednesday by the Legislature's budget-writing Appropriations Committee. The University of Nebraska system previously requested a 3% annual increase to its budget, but Gov. Pillen's allocation for the school system fell just below that. Instead of the requested 3%, Gov. Pillen allocated in his newly-revealed budget a 2% increase for each of the next two fiscal years. Sen. Rob Clements, who chairs the Appropriations Committee, said he wanted to hear from university officials before making any economic decisions geared towards the school system. 

The hearing with these university officials is scheduled for March 3rd and Clements stated that the committee's decision will likely fall between 2% and 3%, slightly above Pillen's proposal but slightly below the University's as well. The preliminary budget proposal released by the Appropriations Committee largely followed Gov. Pillen's plan, but left open space to increase the University's budget. 

Several groups, including the OpenSky Institute, have questioned whether or not Pillen's 2% budget allocation for the university system will allow NU campuses to keep up with inflation. Nebraska is currently sitting on an unprecedented amount of excess tax revenue, as well as a $1.8 billion cash reserve, but Sen. Clements indicated his wishes to save around $1.3 billion in the reserve while meeting the needs of Pillen's budget proposal.

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LEGISLATURE CONFIRMS MACY AS NEBRASKA EVIRONMENT DIRECTOR DESPITE CONCERNS

LINCOLN- After two days of heated debate, the Legislature finally confirmed that Jim Macy will continue as director of the Nebraska Department of Environment and Energy on a 38-0 vote, ending a brief filibuster by opponents who claimed Macy didn't act decisively enough in the wake of the AltEN ethanol plant disaster near Mead, Nebraska. Sen. Carol Blood led the filibuster, delaying the confirmation vote for two days. 

Sen. Bruce Bostelman, during the debate and filibuster, noted that Macy, who Gov. Pillen retained two months ago, was recommended to retain his position by a 7-0 committee vote following a public hearing that saw no opposing testimony. Blood countered this argument by stating that Macy should have taken prompt action to shut down the AltEn plant before its use of pesticide-coated seed further polluted the environment and more Nebraskans became "collateral damage." 

After a motion to reconsider Monday's unsuccessful vote to return the decision to the Legislature's Natural Resources Committee failed 33-10, the Legislature, on Tuesday, finally confirmed Macy's appointment with 11 senators, mostly opponents, not voting. 

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BILL AIMS TO BAR NEBRASKA SCHOOLS FROM RECEVING PUBLIC MONEY IF THEY DISCRIMINATE

LINCOLN- LB487, introduced by Sen. Megan Hunt, would block any school from receiving public funds if they discriminate students on the basis of "race, color religion, national origin, ancestry, citizenship status, gender, sexual orientation, gender identity, disability, or special education status." At a committee hearing on Tuesday, Sen. Hunt said she hoped to eventually add her bill to LB753, a bill introduced by Sen. Lou Ann Linehan that seeks to create income tax credits for donations to organizations that provide scholarships to attend private and parochial schools. 

Sen. Linehan's bill has already advanced out of the Revenue Committee for further consideration, but Hunt's bill is still currently in limbo. Sen. Linehan has tried to pass similar pieces of legislation in the past, and time and time again Sen. Hunt has attempted to add language similar to her LB487. In an attempt to ensure that the language is added, Sen. Hunt has already filed an amendment to Sen. Linehan's LB753 that would establish the same rules as LB487. 

Linehan argued that LB753 will help give Nebraska students the freedom to seek different education options, but many critics have argued that private and parochial schools don't reside under the same oversight as public schools, and are free to discriminate against any beliefs they don't agree with. "Supporters of these bills say that they're motivated by helping underprivileged students and students with special needs," said Sen. Hunt of Linehan's bill, "This is a lot of feel-good, do-good spin on what these proposals really do."

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STRICTER 'RIGHT TO FARM' PROPOSAL CALLED A 'SOLUTION SEARCHING FOR A PROBLEM'

LINCOLN- A new bill, LB662 introduced by Sen. Beau Ballard, seeks to limit the number of nuisance lawsuits that can be ordered against large agricultural operations. However, many critics of the bill argued that there simply isn't a nuisance lawsuit problem in Nebraska, and that Ballard's bill would "immunize" large agricultural operations from virtually all nuisance lawsuits.

Other opponents argued that the bill only favors large farming entities. "LB662 does not protect family farmers," said Susanne Haas, a lawyer and Washington County farmer, "it protects industrial entities like Costco." The bill was introduced by Ballard in conjunction with Lincoln Premium Poultry, a Fremont-based plant that processes chicken for local Costco's. Ballard, during the hearing, described the bill as a "preventative measure" that would protect large farming operations from out-of-state entities that have, in the past, plagued livestock confinement operations with lawsuits.  

The Nebraska Right to Farm Act was initially passed to protect existing farming operations from lawsuits filed by "city slickers" who moved to rural areas and discovered that certain operations produce immense amounts of dust and odor. However, many critics argued that the bill goes too far in adding more protections for agricultural producers. 

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NEBRASKA BILL WOULD BAN ACCESS TO USF FUNDS FOR CELL PROVIDERS WITH HUAWEI EQUIPMENT

LINCOLN- Legislative bill 63, proposed by Sen. Eliot Bostar, seeks to encourage cell phone service providers to cease the use of Huawei equipment, which many believe is used by China to surveil not only Nebraska, but the whole of the United States. If passed, LB63 would prohibit the Nebraska Universal Service Fund from distributing funds to wireless providers using Chinese-made Huawei equipment. The federal government already banned the distribution of Universal Service Funds for companies utilizing Huawei and ZTE equipment, so, according to Bostar, this bill will put Nebraska in line with federal law.

"Of particular concern was that Huawei was routinely selling cheap equipment to rural providers in cases that appear to be unprofitable for Huawei," said Bostar, "but which placed its equipment near military assets." Bostar cited an instance that occurred last year, when Viaero Wireless came under fire for purchasing Huawei equipment and placing it on poles around the state.

Huawei previously denied the claims that its equipment was capable of saving and sending data, and affirmed that its products are not a surveillance threat. However, according to Bostar, the military has studied the equipment and found it "capable of capturing and potentially disrupting highly restricted airwaves used by the military, specifically U.S. Strategic Command, which oversees the U.S. nuclear arsenal."

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AMENDMENT TO BAR NEBRASKA KIDS FROM CHURCH CAMPS GRABS NATIONAL ATTENTION

LINCOLN- Senator Megan Hunt's amendment to LB371,  which seeks to ban minors from drag shows, generated national attention. The amendment would ban minors from church camps, vacation Bible study classes and other “religious indoctrination camps.” This is one of several statement amendments Senator Hunt is using to convey her thoughts and points on the bill she strongly opposes.

Her amendment generally mirrors the bill, which she opposes, but starts by laying out legislative findings that there is a “well-documented history of indoctrination and sexual abuse perpetrated by religious leaders and clergy people upon children.” The amendment made national news, with Fox News calling it "anti-religious bigotry". 

Many critics flooded to tell Senator Hunt how she is wrong. Sen. Dave Murman of Glenvil, who introduced LB 371, was among the critics. He called Hunt’s amendment unfair to Christians because true Christians abhor the sexual abuse that has occurred in religious contexts. “She’s making a point, I guess, a point that a vast majority of Christians would disagree with,” said Murman.

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RECENT SHOOTING AT OMAHA TARGET STORE CALLS FOR CHANGES IN WORKERS COMPENSATION, SENATOR SAYS

LINCOLN- According to Senator Blood, there needs to be a change in what workers' compensation insurance will cover in wake of recent shootings at an Omaha Target and a Bellevue Sonic. Under LB5, workers suffering from post-traumatic stress disorder or other mental injuries could get workers comp coverage for treatment. 

“Our current Workman’s Comp Insurance guidelines need to be updated to embrace known issues that pertain to Nebraska’s workplaces,” the senator said. PTSD, Blood said in a press release, is now recognized as a major disability impacting thousands of workers across the nation. PTSD is a common occurrence in cases of public shootings.

She pointed to the 2023 Target shooting and the 2020 Sonic shooting as examples within the state. “Imagine being a survivor in that scenario?” Blood asked, adding that some witnesses to the shooting have been diagnosed as now having PTSD. LB5 had a hearing this week in the Business and Labor Committee.

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NEBRASKA'S SHIFTING WORKFORCE DEMANDS AMID 'BRAIN DRAIN' SHOULD SOUND ALARM, RESEARCHER SAYS

LINCOLN- Dr. Josie Schafer, who heads the Center for Public Affairs Research at the University of Nebraska at Omaha, presented an analysis of the state’s workforce shifts and challenges to the NU Board of Regents. Schafer pointed out that the state is heavily losing individuals with at least bachelor's degrees. 

The worsening trend over the past decade is particularly alarming as 65% of jobs in the state and nation by 2030 likely will require at least some higher education. She said that currently about 33% of Jobs in Nebraska are staffed with someone with a bachelor's degree, and those numbers will increase over the coming years. 

Schafer notes that the state is growing in population, even if that is mostly in the most populated counties. The problem is the number of people leaving the state after their education or the lack of people coming to Nebraska to complete their education. State Sen. John Arch, speaker of the Legislature, in earlier remarks told the Regents that the state’s workforce and the university system’s role is a topic that has risen in appreciation in the Unicameral. 

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