NEBRASKA LAWMAKERS DEFEND COLLEAGUE HUNT FOR 'OUT OF BOUNDS' CONFLICT OF INTEREST COMPLAINT

LINCOLN- On Wednesday, Sen. Megan Hunt confirmed that she was under formal investigation for an alleged conflict of interest stemming from her opposition to LB574. Frank Daley, executive director of the Nebraska Accountability and Disclosure Commission hand-delivered the complaint to Hunt, which was devised by Omaha-based attorney David Begley.

The Nebraska Accountability and Disclosure Commission requires that all public officials and employees disclose potential conflicts of interest in writing, and David Begley alleged that Sen. Hunt's opposition to LB574, which would ban gender-affirming care for minors, is in the direct interest of her child, who is transgender. "The point isn't that I could gain financially if my kid has rights," Hunt told her colleagues on the floor, "The point is the harassment." 

Multiple senators spoke out against the allegations, including Republican Sen. Tom Brandt, who said that Nebraskans elected "49 good people" and that "family is off limits." Continuing, Brandt said that he does "not endorse this offensive complaint. It is so far out of bounds that it does not merit discussion." Sen. John Cavanaugh, an attorney, argued that the investigation is a "deliberate and clear attempt" to harass Hunt. Sen. Wendy DeBoer came to Hunt's defense as well, saying that many senators have conflicts, many of which are not identified. "So if Senator Hunt is going to get a conflict or a NADC file against her, then I should too," said DeBoer.

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OMAHA CHAMBER URGES LEGISLATURE TO AVOID MEASURES CONTRARY TO 'POSITIVE BUSINESS ENVIRONMENT'

OMAHA- The Greater Omaha Chamber of Commerce issued a statement on Wednesday urging the Nebraska Legislature to avoid advancing, in the interest of "diversity, equity, and inclusion," any bills that would "threaten Nebraska as the warm and welcoming state we know it to be." 

The statement, which was issued by Chamber President Carmen Tapio and interim CEO Tim Burke, did not name any specific bills, but was, according to some, aimed at LB574, which would ban gender-affirming care for minors. In fact, a Chamber spokesman confirmed that that was the case. Sen. Kathleen Kauth, the introducer of LB574, is currently working with a coalition of colleagues to draft a compromise amendment.

The Chamber's state said further that the business organization was not "equipped to weigh in on issues that involve personal medical care decisions or medical decisions regarding parents, their children, and their health care professionals." Despite this, the Chamber emphasized that it was "fully committed" to recruiting and retaining a talented workforce.

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OMNIBUS BILL AIMS TO HELP MAKE NEBRASKA CROSSING A MECCA FOR 'RETAIL TOURISM'

LINCOLN- LB727, a substantial legislative package containing more than 20 bills, aims to revitalize and stimulate economic activity all over Nebraska. Besides a bill that would allow Nebraska Crossing to finance a proposed 1,000-acre expansion, LB727 also offers an expansion for Omaha's CHI Center, the construction of a new convention center in Lincoln, tax breaks for retired firefighters, and tax credits for those selling soybean-based biodiesel.

However, the headline proposal of LB727 remains the Nebraska Crossing expansion. Sen. Lou Ann Linehan, the architect of this expansive proposal, stated that she wanted Nebraska to become a "retail tourism" destination, comparable to the Legends complex in Kansas City. Linehan believes that providing financial incentives will draw in more retailers to the area who might have previously passed on building in the state, like IKEA and Crate & Barrel. 

Right now, said Linehan, Nebraska Crossing is "a cornfield," and unless the state helps the area out, it will become a forest of strip malls. "I'm not a lover of incentives," said Sen. Linehan, "but the money that we're losing to other states and the money we could bring in here, I see it as a huge win." Debate on the package of bills is expected very soon.

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DHHS ENCOURAGES UPDATING INFORMATION AS 145,000 NEBRASKANS AT RISK OF LOSING MEDICAID

LINCOLN- 145,000 are at risk of losing Medicaid coverage as renewals restart following a three-year Covid-19 pause. Changes in federal law mean the eligibility of Medicaid recipients is now being reviewed, returning to “normal” eligibility requirements. The Nebraska DHHS began March 1 processing the accounts of Nebraskans whose renewal months are April and May. As a result, Nebraskans could begin to lose coverage this month, even though some may still be eligible for Medicaid. 

DHHS said the most important thing Nebraskans can do is update their contact information. Nebraskans can visit or call ACCESSNebraska to update their information or see when their renewal month is. DHHS also has local offices throughout the state to assist Medicaid recipients. Watson said the best estimate is that 10-20% of the nearly 390,000 Nebraskans on Medicaid could lose coverage, which is in line with national trends. 

Some could lose eligibility unnecessarily, Watson noted, if the department cannot reach enrollees when more information is required to verify eligibility. This could be done via mail, and enrollees may need to send pay stubs or other identifying information. Nebraska Appleseed has a step-by-step guide for following the Medicaid renewal process and can also help Nebraskans manage the process. 

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GOV. JIM PILLEN SIGNS PERMITLESS CONCEALED CARRY BILL INTO NEBRASKA LAW

LINCOLN- On Tuesday, Nebraska Gov. Pillen signed Sen. Brewer's LB77 into law, allowing Nebraskans to carry concealed firearms without a permit starting later in the summer. "Today, with the signing of this bill into law," said Pillen during the broadcasted signing, "we do justice to the constitutional promise." The bill will apply statewide, and overrides any local ordinances limiting the concealed carry of handguns.

Because the bill did not include an 'emergency clause,' Nebraskans can expect to begin concealed carrying firearms without a permit 90 days after the legislative session ends, around August or September. Until then, Nebraskans seeking to carry a concealed firearm will still be expected to pay a $100 fee and take an eight to sixteen-hour gun safety class. 

Sen. Tom Brewer was ecstatic that the bill had passed. Since attaining office in 2017, Brewer has worked to implement bills similar to LB77. "For some of us, this has been a long endeavor," he said. An amendment folded into LB77 added an extra misdemeanor charge if someone is found to be carrying a concealed firearm while committing certain crimes, including domestic assault, shoplifting, or stalking.

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STATE IS SEEKING FEDERAL FUNDS FOR ENERGY CONSERVATION PROGRAMS, BUT CRITICS WANT MORE URGENCY

LINCOLN- The Nebraska Department of Environment and Energy has its eye on around $245 million in federal funding made available through two programs, which are designed to incentivize homeowners to make their homes more energy efficient. The two programs, the Inflation Reduction Act and Infrastructure and Jobs Act offer billions in tax credits, rebates, and block grants to states, and Nebraska wants in. 

Despite the Department's willingness to apply for these funds, however, a coalition of environmental groups, business owners, and state lawmakers argue that the state isn't acting urgently enough to secure Nebraska's full share of the funding. LB560, introduced by Sen. Carol Blood, would require the state to apply for "all funds made available in Nebraska" in the Inflation Reduction Act. Blood said that she had introduced the bill after Nebraska declined to accept $120 million in federal rental and utility last year through a Covid-19 relief program. Thus far, no action has been taken on the bill.

David Holtzclaw, an engineer and owner of an Omaha-based company that provides consultation on energy and building efficiency, also believes Nebraska has not acted with the kind of decisiveness Sen. Blood suggested they should. "I've been on dozens of these webinars and there is nobody else from the state of Nebraska there," said Holtzclaw, "Or, if they are, they are not putting in the resources Iowa, Minnesota, Kansas, and every other state in the region is putting in."

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'A BALANCING ACT': NEBRASKA LAWMAKERS DISCUSS POSSIBLE CHANGES TO TRANS HEALTH CARE BILL

LINCOLN- As the Nebraska Legislature nears day seventy of a ninety-day session, lawmakers continue to discuss possible changes to the controversial LB574, a bill introduced by Sen. Kathleen Kauth that would, for the time being, restrict any Nebraskan under the age of 19 from receiving a broad range of gender-affirming care. After the bill advanced through its second round of debate, a small coalition of eight lawmakers, both opponents and proponents, came together to discuss potential concessions.

Some of the proposed ideas may ease the bill's restrictions on transgender youths who are already undergoing gender-affirming care, while others could add mental health protections. While the bill could still pass with no changes, Sen. Kauth was hopeful that the coalition, which she called the 'A Team,' would be able to construct suitable amendments. 

The coalition is made up of Sens. Kauth, Fredrickson, John Cavanaugh, Walz, Briese, and Ibach, as well as Speaker of the Legislature John Arch. While the main goal of the team is to have meaningful discussions surrounding potential amendments to LB574, they also helped play a role in lowering the temperature of last week's floor debate, even as the months-long filibuster continues. 

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FRUSTRATED BY FILIBUSTER, SENATOR ERDMAN SAYS LEGISLATURE WILL MAKE MAJOR CHANGES TO RULES

LINCOLN- Just three weeks after the Nebraska Legislature approved a mid-session rules change in an attempt to stop the ongoing, Democrat-led filibuster, Senator Steve Erdman, chairman of the Rules Committee, said he would consider further changes to the rules this year. "In fact," said Erdman, "we may start at page one and rewrite the whole book. There will be rule changes and they will be significant."

Speaker of the Legislature John Arch said it's very unlikely that he'll set aside time to change the rules this year, since there a very few days remaining in the 90-day legislative session, but expressed interest in discussing the changes during the interim period. Despite this, Erdman said the committee would consider rules proposals "that try to apply common sense." 

Erdman also called out State Sens. Machaela Cavanaugh and Megan Hunt, who have led the months-long filibuster, saying that their willingness to bring the Legislature to a crawl may scare off those who intended to run for the Legislature in the future. On day fifty-one of the Legislature, and because of frustrations at the lack of progress the Legislature had made up to that point, the body adopted a rules change that limited the number of motions that could be offered during each round of debate. Similar changes are expected to be considered going into the interim period. 

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JUDICIARY COMMITTEE TEES UP PROPOSAL FOR 'MANDATORY' SUPERVISED RELEASE

LINCOLN- On Tuesday, Sen. Justin Wayne, chairman of the Legislature's Judiciary Committee, brought together members of the committee met in an executive session to discuss certain aspects of LB50, a bill voted out of the committee last week on a 4-3 vote that would allow inmates to serve the final 15% of their prison sentence outside of prison walls under strict supervision.

Wayne stated that he had introduced the bill in response to the large number of Nebraska inmates "jamming out" of prison, or serving their full sentence but not participating in rehabilitation programs. Under LB50, inmates would have the chance to serve the remaining 15% of their sentence in a heavily supervised halfway house, where they would be given the chance to participate in rehabilitation programs and employment opportunities. 

"We can get them out, working jobs and giving them the services they need," said Wayne of LB50, "without reducing their sentence." Newly-appointed Sen. Bosn, who now serves in the Judiciary Committee, said, however, that she was hesitant to support the bill since it's unclear whether the new programs would be 'mandatory.' Wayne argued that, at least for low-level offenders, establishing a mandatory program for inmates will help reduce Nebraska's high recidivism rate.

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NEBRASKA ABORTION BAN TIED TO CARDIAC ACTIVITY FALLS ONE VOTE SHORT, 20-WEEK LIMIT REMAINS INTACT

LINCOLN- On Thursday, the Nebraska Legislature fell just one vote shy of passing Sen. Albrecht's LB626, which would have restricted abortions in the state after embryonic cardiac activity was detected, roughly six weeks into a pregnancy. After around four hours of debate, the Legislature motioned to invoke cloture, or end debate and hold a vote on LB626, which requires 33 votes. 

As senators slowly voted on the cloture motion, Sen. Justin Wayne, considered a swing voter on abortion, appeared as present but didn't vote 'yes' or 'no.' With 32 votes on the board, Sen. Merv Riepe was the last to vote. Riepe, in a good-faith attempt to compromise with Democratic senators, previously introduced an amendment to bump the 6-week ban up to 12 weeks, but was widely rejected by his Republican colleagues.

In the end, perhaps because of this prior rejection, Sen. Riepe also appeared as present but didn't vote one way or another, effectively killing LB626. "Pro-life has shades of gray," Riepe said after the vote. Gov. Jim Pillen, who is staunchly pro-life, called on Sen. Riepe following the vote to propose a motion to reconsider it, saying that the senator should remember his pledge to be pro-life. Abortion restriction is not off the table for Riepe, however. "I want stability, and I want something that can go forward," he said, "I'd like to just have another shot at it next year to come up with hopefully some new bill."

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APPROPRIATIONS COMMITTEE RECOMMENDS SLIGHTLY HIGHER SPENDING THAN GOVERNOR

LINCOLN- On Tuesday, the Nebraska Legislature's Appropriations Committee voted to advance a new proposed state budget that calls for an average increase of 2.3% in spending over the next two fiscal years, despite Gov. Pillen's recommendation of 1.5%. Although the proposals from Gov. Pillen and the Appropriations Committee differ only slightly, the new proposed budget includes an additional $80 million to increase rates for providers of Medicaid services.

On top of that, the recommended budget from the Appropriations Committee includes a budget increase for the University of Nebraska of 2.5%, up from Gov. Pillen's 2%. Additionally, the new budget would also provide raises for state employees, which were negotiated by a state labor union, of 7% in the first fiscal year and 5% in the second. "We're providing for the state's needs," said Sen. Rob Clements, chairman of the Appropriations Committee.

Clements outlined that the 2.5% increase in the University of Nebraska's budget was created out of a compromise between the governor's 2% increase and the 3% request from the University. However, Clements also stated that he wasn't sure if Gov. Pillen would accept this increase, and believes a veto is still on the table. 

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SENATORS OPEN DEBATE ON BILL SEEKING GREATER USE OF CORN-BASED ETHANOL

LINCOLN- State Sens. Megan Hunt and Jane Raybould crossed party lines to join with conservative PAC Americans for Prosperity in arguing that mandating what kind of gas pumps businesses should provide was government overreach. "Government should not tell businesses what to sell," said Hunt, "The ethanol industry can stand on its own without a government mandate."

Sen. Raybould echoed a similar sentiment. Raybould, whose family owns a chain of supermarkets that include gas pumps, argued that forcing retailers to have higher blend E-15 pumps was wrong-headed. All of this concern arose after debate began on Sen. Myron Dorn's LB562, which would require that gas stations utilize the higher blend. Sen. Murman joined with Sen. Dorn to argue that the higher blend of ethanol, because Nebraska produces so much of it, would strengthen Nebraska's economy and reward corn farmers. 

"We need to support our own economy," Murman told his colleagues, "And this is a bill that will do that." If passed, LB562 would require any new gasoline outlet, or any station replacing more than 80% of its pumps at any one time, to provide E-15, a blend that contains 15% ethanol, in at least 50% of its pumps. The conservative PAC Americans for Prosperity argue that such a mandate would be blatant and egregious government overreach.

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NEBRASKA LEGISLATURE SLOW TO ADOPT ETHICS CHANGES IN THE YEAR AFTER GROENE'S RESIGNATION

LINCOLN- It's been almost a year now since Sen. Mike Groene resigned amid allegations of workplace misconduct, and the Nebraska Legislature has still yet to adopt ethics changes intended to curb future scandals. Although the Legislature's Executive Board prepares to vote on a list of recommendations made months ago by an interim ethics committee, lawmakers are split on whether or not the suggested changes are sufficient.

Groene, who resigned after news broke that he had taken photos of a former female staff member without her knowledge, spurred the creation of the interim ethics committee, which was tasked with considering ways to prevent such misconduct in the future. Sen. Wendy DeBoer, however, who was vice chair of the committee, said the Groence incident was only the "catalyst" for the review.

Well before the Groene incident, DeBoer stated that she had heard similar concerns from staffers and fellow senators, but news about Groene only raised the level of awareness surrounding such issues. Sen. Jen Day, who took office in 2021, also stated that she had been warned about a culture of misogyny in the Legislature and confirmed that she had seen signs of it. "At some point," said Day, "It's going to have to be dealt with." The ethics committee previously voted to approve 11 recommendations for the Executive Board, and Sen. Briese said he expects the board to approve even more recommendations by the end of session in June.

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LAWMAKERS ADVANCE BILL OFFERING $10 MILLION FOR TEACHER RETAINMENT GRANTS

LINCOLN- In an effort to retain teaching staff in Nebraska, the Nebraska Legislature's Education Committee voted to advance LB385 to the floor of the Legislature, a bill introduced by Sen. Lou Ann Linehan that would establish retainment grants for teachers who keep working in Nebraska. "There is no future for Nebraskans if we do not have teachers to teach the next generation of Nebraskans," Linehan said. 

According to reports released by the Nebraska Department of Education, unfilled teaching jobs across the state increased by nearly 60% over the last school year, going from 482 vacancies to around 768 beginning in 2022. An amendment introduced by the committee would make the grants $2,500 per teacher, instead of the original $5,000, however. The proposed amendment would also extend the grant program to be available for teachers' second, fourth, and sixth years of teaching. 

LB385 is similar to LB1218, which passed into law last year. However, whereas grants from LB1218 could only be utilized by teachers to reduce student debt, LB385 contains no such requirement. LB372, which would lower the number of credits that homeschool students must take at a public school, and LB632, which would prohibit the suspension of public school students before the second grade, were also advanced by the Education Committee on Friday.

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BILL CAPPING SCHOOL SUPERINTENDENT PAY ADVANCED BY LEGISLATURE'S EDUCATION COMMITTEE

LINCOLN- On Monday, the Nebraska Legislature's Education Committee voted to advance LB800 to the floor of the Legislature, a bill introduced by state Sen. Dave Murman that would cap school superintended pay at five times that pay of a first-year teacher in the same district. Murman, chair of the Education Committee, said that several Nebraska school districts "seem to be paying their superintendents a rate that is out of touch with the rest of the state."

Murman stated that he believes such a bill will help schools better control and limit administrative costs, and might provide an incentive to increase teacher pay. "I just think we have a limited amount of public money that goes to education," he said, "I would rather give it to frontline teachers than administration." While a majority of the committee voiced support for the bill, Gov. Jim Pillen has indicated that he will veto the bill if it appears on his desk.

Gov. Pillen cited an infringement upon the control of local school boards as his reason for opposition to LB800. Pillen served previously on the University of Nebraska Board of Regents, which might've also influenced his decision. Sen. Tom Briese, however, stated that he believed most Nebraskans would find the salaries of certain Nebraska superintendents "outlandish," and called on the Education Committee to vote the bill out. 

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NEBRASKA GOV. JIM PILLEN SEES 'TREMENDOUS MOMENTUM' AFTER 100 DAYS IN OFFICE

LINCOLN- Last Friday, Nebraska Gov. Jim Pillen reached his first 100 days in office. Despite the fact that the bulk of his legislative agenda was stalled in the Legislature, much of it is on the course toward eventual enactment. "This legislative session is intense," said Pillen of the slow pace at which the Legislature is moving towards enacting his proposals, which was further complicated by a session-long filibuster fueled by a sturdy minority of urban senators.

Pillen's package of major tax cuts and his proposal to increase and reshape stated aid to schools appear almost certain to pass in the nonpartisan Legislature made up largely of Republican senators. "We think we have tremendous momentum," said Pillen in a recent interview. Pillen came into office last January with no experience in state government and limited activity in Nebraska's political arena.

Despite this, Gov. Pillen is increasingly comfortable and pleased with his new role, saying, "I'm having a ball. This is a privilege beyond words." Within his first 100 days, Pillen indicated that he wanted to work to implement legislation that would help ensure that all Nebraska children have the opportunity to join the workforce and attend community college should they so choose. He also indicated that one of his priorities is LB626, or the Heartbeat Act, which would restrict abortions in Nebraska after roughly six weeks.

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UNL PROPOSES $10.8 MILLION IN CUTS, VACANT POSITIONS TO BE ELIMINATED

LINCOLN- In order to cut around $10.8 million from its budget before the next fiscal year, the University of Nebraska-Lincoln plans to eliminate vacant positions, move employees to alternative funding sources, and reduce administrative salary costs. The changes being implemented were previously recommended by Chancellor Ronnie Green, who sought to fix the University's $23.2 million budget deficit that was caused by enrollment losses over the past two years. The changes were given to UNL's Academic Planning Committee last week for review.

"I know that any budget reductions are difficult and often stretch existing resources," Green said in an email to UNL faculty, students, and staff, "But we cannot simply cover budget shortfalls with cash reserves on a temporary basis." Some of the proposed budget cuts include $7.3 million from the Executive Vice Chancellor's budget, $2.9 million from the Institute of Agriculture and Natural Resources, and $225,776 from the Office of the Chancellor, among others.

According to a memo sent to the Academic Planning Committee, a majority of the proposed cuts would simply eliminate unfilled jobs within UNL's various academic units, but also indicates that some current staff positions may not be renewed in the upcoming year. Some employees who are currently funded by UNL's state-aided budget, which is funded through state appropriations and tuition revenue, will be moved to alternative funding sources like private donations or grant dollars.

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LAWMAKERS ADVANCE PROPOSAL FOR VIDEO ARCHIVE OF LEGISLATIVE PROCEEDINGS

LINCOLN- LB254 received the first round of approval this week as a bill that would create a video archive of Nebraska legislative proceedings, an effort that has spanned multiple years. The archive would bring Nebraska to the same level of access to legislative proceedings as nearly every other state, as well as Congress and many local levels of government. The proposal advanced 33-0.

A similar measure was proposed in 2022, but there simply was not enough time. Nebraska is one of only four states — in addition to Illinois, Pennsylvania and South Dakota — that do not have archived webcasts. Sen. Brewer, the bill's sponsor, said LB 254 would help Nebraska “live up” to the ideals of George Norris, whose idea of the Unicameral was to promote transparency and uplift the citizenry as the “second house.”

Clerk of the Legislature, Brandon Metzler, said the clerk's office is ready to help. “We are in a place with video now that we have not been previously, and we feel comfortable with what you choose to do going forward,” Metzler told the Legislature’s Executive Board on Feb. 10. “We’re arms open, willing to work to get a product out there … that’s both transparent but also what you want for a professional representation of the Legislature.”

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FIRST BILL PASSED BY NEBRASKA'S LEGISLATURE CHANGES STATE'S LIQUOR LAWS

LINCOLN- After sixty-three days of constant debate and filibustering, the Nebraska Legislature finally placed its first bill onto Governor Pillen's desk. On Monday evening, the Legislature voted 41-0 to advance Sen. Lowe's LB376, a bill that would, among other things, allow the Liquor Control Commission to better track alcohol being brought into the state, give Nebraska wineries the ability to obtain liquor and beer licenses, and allow microdistilleries to distribute up to 500 gallons of their product to retailers.

According to proponents of the several different measures contained within LB376, small wineries and microdistillers will have much more leeway in regard to the sale of more individual drinks and the distribution of bulk product. Winery owners in particular were pleased to be included in the bill, saying that it would make their locations more friendly to those who don't prefer wine.

For microdistilleries, the new bill, if passed, would allow for a significant increase in the availability of Nebraska-made bourbon, gin, brandy, and other liquors. By this point during the last 90-day legislative session, which was in 2021, the Legislature had passed 57 bills onto former Gov. Ricketts for a signature. More bills are expected to pass before this session is up, but the filibuster has certainly slowed the process to a crawl.

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WILL LOWER-THAN-EXPECTED NEBRASKA TAX REVENUES AFFECT BUDGET AND TAX PLANS?

LINCOLN- According to a new report released by the Nebraska Department of Revenue, the state's tax collections came in short of projections over a five-month period, falling by around $92 million. In response to this, Sen. Lou Ann Linehan, who chairs the Legislature's Revenue Committee, said she will be watching tax receipts very closely, especially those that are submitted in April, when many people file their taxes.

The Revenue Committee's Forecasting Board is set to meet at the end of April to review their projections for the next three years. Lawmakers and the governor utilize those projections when formulating the state's budget, so this may throw a wrench into the process. Despite this shortfall, Sen. Rob Clements, chairman of the Appropriations Committee, said revenues still remain strong and the state has a healthy cushion to fall back upon.

"It does appear the revenues are decreasing from record highs," said Clements, "The committee is maintaining a strong cash reserve for absorbing future decreases, if they happen." The recent report indicated that March tax receipts fell around 13.4% below the projections. Since June, however, when the fiscal year began, net tax receipts fell just 2% below projections.

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