SARPY COUNTY SEEKS APPLICATIONS TO FILL TREASURER VACANCY

OMAHA- Sarpy County is seeking applications to replace Trace Jones, the current County Treasurer, who announced recently that they would be resigning on August 31st. Jones began his term as Treasurer in January and was set to serve in the role until January 26th. Nebraska law requires that the Sarpy County Board appoint a replacement to serve the remainder of the term.

Applicants for the role must be residents of Sarpy County, as well as registered voters. Ideally, though not required under state law, an applicant would also have a background in management, finance, or banking, said a press release released by Sarpy County officials. According to the office's website, the Treasurer supervises a staff of 28 employees, and has an annual budget of roughly $2 million.

Jones confirmed that no particular incident led to his resignation, and that he believes he's "leaving on a high note." Before being elected to the position, Jones had been appointed by Sarpy County Board as interim treasurer in April 2021 following the Board's removal of Brian Zuger, the previous treasurer.

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UNL ACCUSED OF RACIAL DISCRIMINATION FOR PROGRAM FOCUSED ON BLACK FILMMAKERS

LINCOLN- A legal nonprofit that has targeted colleges and universities offering preferential treatment based on race, and that was most recently involved in the U.S. Supreme Court case pivotal in overturning affirmative action, accused the University of Nebraska-Lincoln of racial discrimination for creating and supporting a residency program for Black filmmakers. The Equal Protection Project, the nonprofit in question, filed the complaint with the U.S. Department of Education's Office of Civil Rights on Sunday.

In its complaint, the Equal Protection Project alleges that a partnership between UNL's Johnny Carson School of Emerging Media Arts and the New York-based non-profit Black Public Media, which was used to establish the residency program, violated the Equal Protection Clause of the 14th Amendment, as well as the Civil Rights Act. UNL's partnership with Black Public Media was a partnership meant to serve "Black filmmakers, artists, and creative technologists" by offering them access to and training on emerging technology equipment and software.

William Jacobson, a Cornell University Professor, founder of the conservative blog 'Legal Insurrection,' and backer of the Equal Protection Project, claimed that requiring at least one person on the team of creatives to be Black diminished opportunity for others. Jacobson argued that the NU system should "appoint a special investigator" to look for other programs which allegedly provide preferential treatment on the basis of race. The University of Nebraska responded to these allegations, saying that they have not yet received the complaint from the Office of Civil Rights, but that they "will respond appropriately" when they do.

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STATE, LOCAL CHAMBERS PRESS NEBRASKA DELEGATION FOR SMALLER-SCALE IMMIGRATION FIXES

ASHLAND- State business leaders, including those from the Nebraska, Omaha, and Lincoln Chambers of Commerce, called on the state's all-Republican congressional delegation during the most recent Federal Legislative Summit to consider small immigration reforms to bolster Nebraska's waning workforce. "What we're trying to do is lay out that failure is actually the only not acceptable option," said Christine Scullion, executive director of government affairs for the U.S. Chamber of Commerce, during the event, adding that an all-hands approach to supplying workers may be key in providing the state with more workers.

Scullion told the delegation that the U.S. Chamber would no longer be supporting a comprehensive immigration reform bill, which is likely not going to pass in Congress, and will instead seek incremental bills addressing flaws in the nation's immigration system. Scullion pointed to several of these small immigration issues during her speech, and recommended that Congress start providing more specialty visas each year to ensure that talent from other countries is able to enter the U.S. and bolster the workforce.

U.S. Sen. Deb Fischer, as well as the other Nebraska representatives present at the event, seemed to be receptive to the recommendations. Fischer said that she agrees with the incremental approach to immigration reform, and that she prefers splitting up politically-contentious bills to gain bipartisan support. All Nebraska representatives, however, also stressed the importance of border control, but Rep. Adrian Smith said he believes his largely-rural district might be open to reform so long as the federal government ensures that the border remains strong.

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NEBRASKA YOUTH SURVEY SHOWS STUDENTS PREFER SMALL TOWNS, DON'T FEEL INCLUDED IN COMMUNITY

LINCOLN- A survey of rural Nebraska youths has revealed that while the majority desire living in small towns, they also feel like they don’t play a role in the communities they live in. The Nebraska Community Foundation and the University of Nebraska at Omaha’s Center for Public Affairs Research released the results after surveying nearly 1,000 middle and high school students in 11 rural communities.

The survey was created to reveal the priorities and desires of Nebraska youths, along with the factors that may influence their decision to leave or remain in the state. The 2023 survey was composed of the communities of Arcadia, Crofton, David City, Diller-Odell, Imperial, Ogallala, Ord, Paxton, Pender, Shickley and Stuart.

The survey’s positive feedback shows that participants desire the aspects of what Nebraska already offers: small towns that provide safety, good schools and proximity to family. These factors were ranked as the top three in what students are looking for in an ideal community. Roughly 64% of youths said their ideal community is small, like their hometown, while 25% preferred medium cities, such as Grand Island.

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NEBRASKA'S 2022 CRIME REPORT COMES WITH AN ASTERISK: NUMBERS DON'T INCLUDE OMAHA

LINCOLN- The state's annual report on crime came with a giant, figurative asterisk attached. For the second year, the Omaha Police Department didn't submit any data, according to the Nebraska Commission on Law Enforcement and Criminal Justice. "Without data from OPD, the Crime in Nebraska Report for 2022 and all associated datasets will have severe and significant limitations, missing upwards of 60% of the crime volume in Nebraska."

Of the statewide numbers that were reported, which include the Lincoln Police Department and Lancaster County Sheriff's Office, 23,083 crimes were reported in 2022, up 1.89% from a year earlier. Lincoln's overall reported crime increased 2.83% compared to the year before, far lower than in cities with populations between 5,000 to 99,999, where crime was up 6.39%.

While violent crimes, which include murder, manslaughter, forcible rape, robbery and aggravated assault, were down 4.84%, property crimes, things like burglaries, larcenies, vehicle thefts and arson, were up 2.82%. At the same time, statewide there were 38,027 arrests, 122 fewer than in 2021, for an overall decrease of 0.32%. But 16% more of them were juveniles.

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NEBRASKA ATTORNEY GENERAL SUES EPA TO ALLOW SUMMER SALE OF E15 GASOLINE

LINCOLN- Nebraska Attorney General Mike Hilgers is joining with Iowa to sue the Environmental Protection Agency over a request to allow the sale of year-round gasoline blended with up to 15% ethanol, known as E15. In April 2022, eight governors — including then-Gov. Pete Ricketts — asked the EPA to allow the sale of E15 gas through the summer. The EPA has blown off a 90-day response period.

“The EPA’s ongoing failure to act following our E15 notification … is nothing more than a thinly veiled disguise of their disdain towards clean, renewable, American-produced ethanol,” Iowa Gov. Kim Reynolds said. E15 blended fuel is typically banned from sale during summer months due to concerns about air pollution, though the federal government temporarily lifted the ban last year

In May of this year, the EPA issued a temporary waiver for three weeks to allow the sale again. Hilgers argued that waiver should be made permanent. Nebraska and Iowa are the top two ethanol producers in the country. During this year’s legislative session, Nebraska lawmakers passed a bill requiring all state gas stations offer the fuel.

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AT LINCOLN TOWN HALL, FLOOD TOUTS BIPARTISANSHIP AS ATTENDEES FAN CULTURE WAR

LINCOLN- At his first town hall as a U.S. congressman, Rep. Mike Flood exalted the need for civility and bipartisanship as he grappled with questions that were sometimes rooted in neither. Constituents lined up for a chance to ask Flood questions that often dealt with election integrity concerns, immigration or the political opponents of Republicans — from President Joe Biden to local Democratic leaders, whom one attendee suggested had carried out an "invasion" of public office in Lincoln.

"We're all Nebraskans, at the end of the day," said Flood, who at times took hardline stances on issues such as gun control and student loan forgiveness, but more often tried to seek a middle ground. "Every time I have went over to the Democratic side and I have found a Democratic co-sponsor," Flood said. He reiterated that he believes in the "bipartisan way."

Flood faced questions of border security and immigration, gun control efforts, impeachment of President Biden, and the Democratic invasion of elected offices in Lincoln. Flood offered hardline answers for the questions before defending the local and national election safety. "I believe, in Nebraska, the state that we reside in, our elections are safe," Flood said.

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PUBLIC INPUT SOUGHT ON HOW TO REDUCE CARBON IN TRANSPORTATION SECTOR

LINCOLN- Public input is being sought on strategies to reduce carbon dioxide emissions from transportation in Nebraska. The Infrastructure Investment and Jobs Act, signed into law two years ago, requires each state to devise a plan, in conjunction with the state’s metropolitan planning organizations, to reduce carbon dioxide emissions from the transportation sector. The act also provides funding for such state strategies.

So the Nebraska Department of Transportation is soliciting ideas online for the plan, which must be completed by November 15th. In Nebraska, the transportation sector is the second largest source of carbon emissions in the state, ranking behind electric generation uses. The survey can be accessed by clicking HERE.

Transportation activities that contribute to carbon emissions include the burning of fossil fuels in vehicles and infrastructure-related emissions, such as from road construction and street lighting. The NDOT, in a press release, said it has completed internal research and has reviewed its existing policies and activities concerning carbon reduction. It has consulted with Nebraska’s four metropolitan planning agencies and “institutional partners,” NDOT said.

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TORRID TEMPERATURES LED TO CATTLE LOSSES IN NEBRASKA AND CALLS BY GOV. PILLEN AND REP. FLOOD FOR FEDERAL HELP

LINCOLN- Recent blistering temperatures caused higher-than-normal losses of cattle in feedlots in eastern Nebraska, prompting a call from Gov. Jim Pillen for federal help. Pillen said he called U.S. Agriculture Secretary Tom Vilsack requesting prompt financial help for livestock producers via the Livestock Indemnity Program. The governor’s call came four days after U.S. Rep. Mike Flood, sent a letter to the USDA seeking similar help.

The federal indemnity program pays livestock producers roughly 75% of their losses, but losses or injuries must be reported within 30 days to a local Farm Services Agency. “The weather situation only lasted a few days, but some Nebraska producers were significantly impacted,” Pillen said. “Connecting affected producers with emergency resources available to them is important.”

The Governor’s Office could not provide figures on how many cattle died during the recent heat spell, which sent temperatures soaring to near 100 and above for three days last week in east-central Nebraska, including Pillen’s hometown of Columbus. High humidity and the lack of wind compounded heat-related stress, the governor said. Cattle prices are high right now, with the typically feeder steer bringing between $2,500 and $3,000 each.

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FEW NEBRASKA VOTERS HAVE TRIED TO REMOVE NAMES FROM SCHOLARSHIP ACT PETITION

LINCOLN- As a petition drive seeking to overturn Nebraska's newly signed law providing tax incentives for private and faith-based school donors nears its deadline to gather 61,000 signatures, Lancaster County's election commissioner reminded voters they can remove their name from a petition after signing it.

Todd Wiltgen said his office published a downloadable affidavit on the commission's website last week for voters to remove their name from a petition in response to "a few dozen" calls from voters seeking to do so after signing the petition to put the “Opportunity Scholarships Act” on the ballot next year. Wiltgen was appointed to the job by Governor Pillen in February of this year.

While money has flooded into both Support Our Schools and Keep Kids First — the group of state senators, community leaders and business owners urging Nebraskans not to sign the petition — there have been only a handful of petition signers who have actually submitted affidavits to have their signatures removed from the petition, according to officials.

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NEBRASKA AG JOINS FIGHT AGAINST LEGAL DOCTRINE REGARDING FEDERAL REGULATORY AUTHORITY

LINCOLN- Nebraska Attorney General Mike Hilgers recently joined counterparts in 26 other states in urging the U.S. Supreme Court to overturn or clarify a legal precedent that could have major implications for federal regulatory authority. Nebraska was one of 27 states that joined a July 24 filing to the Supreme Court regarding the deference that should be afforded to federal agencies when interpreting ambiguous or silent language passed by Congress.

Known as the Chevron deference, the legal doctrine requires courts to defer to reasonable agency interpretation when regulatory authority is ambiguous. The case deals with the National Marine Fisheries Service and a regulation that requires fishing companies to have an additional person on fishing boats to track regulatory compliance. Companies must pay the monitor’s salary.

Hilgers, in a July 25 statement, said the U.S. Constitution lays out three branches of government, not four, and leaves legislative power to elected representatives, “not unelected and unaccountable bureaucrats.” “Overturning Chevron is a critical step to restoring the Constitution’s protection against the unaccountable use of power and will help save Nebraskans from an endless number of regulations and burdens,” Hilgers said.

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NEBRASKA PROGRAM AIMS TO TURN STUDENTS INTO TEACHERS

LINCOLN- As teacher shortages plague large portions of the United States, the Nebraska Department of Education, which, according to Chesley Greene, a field specialist at the Department, has been tracking the shortages for over a decade, says the state has a plan to address the issue. "As you can imagine, over the last 10 years, those charts and numbers just continue to trend upward," said Greene.

Finding teachers and retaining them has been a big issue for many Nebraska school districts. According to Greene, teacher pay is one of the biggest reasons why teachers are leaving their positions. However, the Nebraska Department of Education, through several programs, including the Educators Rising Program, seeks to help school districts in the state better hire and retain teachers. Created in 2015, the Educators Rising program is designed to help high school students pursue a career in education, as well as ease shortages.

"We have these education courses where they're learning a variety of things related to being an educator," said Greene of the program, "So certainly the history of education all the way through, you know, thinking about classroom management and best practice for instruction, all of those things." Currently, three chapters of the program exist in Lincoln: North Star, Northwest, and the Career Academy. According to Greene, the Department of Education plans to create more chapters in the hopes of, eventually, alleviating the statewide. teacher shortage.

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NEBRASKA TO USE UP TO $2 MILLION IN PANDEMIC FUNDS FOR NATIONAL GUARD TEXAS BORDER TRIP

LINCOLN- Following Gov. Pillen's announcement last week that sixty Nebraska National Guard servicemen would be deployed to the southern border of Texas, it was revealed that the state would be using around $2 million in federal Covid-19 recovery funds to pay for it. Pillen, along with Iowa Gov. Kim Reynolds, agreed not to charge Texas Gov. Greg Abbott for the deployment, which is a rare occurrence for any state requesting aid through the multi-state disaster-response system, and instead decided to foot the bill with state funding. 

Last month, taxpayer funding was utilized to send several Nebraska State Patrolmen to the U.S. southern border, which cost around $128,000. State Sen. Carol Blood, who previously ran against Pillen last year for the governorship, called on State Auditor Mike Foley to begin investigating how Nebraska is utilizing its pandemic relief funding, alleging that they might be used to play "shell games" for political purposes.

"I think of all the small businesses and workforce shortages and all the things we could spend this money on," said Blood, "Why would we tap these resources to help another state when we have all these people we could help in Nebraska?" Sen. Rob Clements, the Republican chair of the Legislature's Appropriations Committee, defended Pillen, arguing that the use of federal funding to cover a federal problem should not be controversial. "The state's total ARPA funding was more than $1 billion," said Clements, "Two million out of that is a very small number."

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NEBRASKA'S CONGRESSIONAL DELEGATION, GOVERNOR SCORED BY COMMON GROUND

LINCOLN- The Common Ground Committee, a nonprofit group that awards each member of Congress and all state governors a score based on their attempts at bipartisanship, weighed in this month on Nebraska's all-GOP slate of top elected officials. The measurements Common Ground uses to build these scores include the number of bipartisan bills cosponsored, their rhetoric when speaking with or about political opponents, how many visits they make to their districts to discuss policy with political opponents, and whether or not they are a member of any bipartisan working groups. A politician's voting record, however, is not counted in the score.

Rep. Don Bacon, who largely represents the Omaha area, scored the highest of Nebraska's officials, with 104 out of 110 possible points. Scoring lowest this year was Sen. Pete Ricketts, who received zero points, the same score he received last year as governor. Sen. Deb Fischer scored 32 points, the same number that former Sen. Ben Sasse received last year before leaving Congress to lead the University of Florida. Rep. Adrian Smith, who represents the largely rural 3rd Congressional District, scored 22 points, while Rep. Mike Flood took in seven points.

Nebraska Gov. Jim Pillen also scored seven points. Bacon, the highest awarded, is trying to amplify his bipartisan credentials as the United States gears up for the 2024 general election, saying that he would continue to reach across the aisle "without sacrificing our personal beliefs to make life better." Rep. Bacon has, in the past, criticized his likely opponent State Sen. Tony Vargas for, among other things, participating in a protest and supporting abortion rights, but Common Ground only removes points from a politician if they name a political opponent in an attack.

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NO DECISION REACHED IN DEFAMATION LAWSUIT AGAINST NEBRASKA FREEDOM COALITION

OMAHA- No immediate decision was reached on Friday during the first hearing of a case alleging that the Nebraska Freedom Coalition, a conservative political action committee, had defamed state Sen. Megan Hunt after accusing her of grooming her transgender son. Douglas County District Judge Todd Engleman, the case's presiding judge, took both sides' arguments under advisement, and took no action on the Coalition's motion to dismiss the suit.

The initial complaint was filed by the Nebraska Legal Action Fund on behalf of Hunt, and accused the Freedom Coalition of making "intentional, reckless, and knowingly false statements." The Coalition's claims, which were cited in the lawsuit, were made on Twitter after Hunt shared that her son was transgender during a floor debate over LB574, a bill that bans gender-affirming care for minors in Nebraska. Following these statements, the Legal Action Fund demanded that the Coalition retract its claims of grooming, but the Coalition doubled down.

The Coalition later filed its motion of dismissal, with their attorney, Robert Sullivan, arguing that Hunt's case was "fatally flawed." Former state Sen. Adam Morfeld, who now leads the Legal Action Fund, claimed in his argument that Hunt and her family have been subjected to harassment and threats of violence ever since the Coalition's accusations were posted. Sullivan argued that the Coalition was simply responding to Hunt's claims about LB574, and was only expressing an opinion on a political issue. He went on to say, "As unpleasant and unfortunate as it is, political discussions often devolve into little more than childish tantrums."

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GOV. PILLEN APPOINTS JIM KAMM AS STATE TAX COMMISSIONER

LINCOLN- On Friday, Gov. Pillen announced that Jim Kamm would assume the role of Nebraska Tax Commissioner, replacing interim Commissioner Glen White, who was appointed to the position following the resignation of Tony Fulton in December of 2022. Kamm is set to assume the role on September 5th.

Currently, Kamm serves as the assistant vice chancellor for the Business and Finance Division at the University of Nebraska at Omaha, where he developed a wide breadth of banking and finance skills. In a press release. Pillen lauded Kamm, saying that he's a "great pick to lead the agency." Kamm responded to the announcement, saying, "I am thrilled to bring my combined knowledge and service in both public and private industry to Nebraska's tax code."

Prior to his employment at UNO, Kamm held several leadership roles at First Westroads Bank, TierOne, and First National Bank in Omaha. Kamm received his bachelor's degree from the University of Nebraska-Lincoln, focusing on finance, as well as a master's degree in business administration at UNO. To close his press release, Gov. Pillen expressed his gratitude for Glen White, who assumed Fulton's duties following his reisgnation, as well as his own as Deputy Tax Commissioner.

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BIG NAMES TO HEADLINE NEBRASKA GOP, DEM EVENTS: CONWAY, WALZ, PEARSON

LINCOLN- As the state nears the 2024 general election, Nebraska's major political parties are bringing in big guests in the hopes of better reaching partisan voters and raising sufficient funding. The Nebraska Democratic Party, for its September 29th Ben Nelson Fundraising Gala in Omaha, is set to feature the titular Nelson, Gov. Tim Walz of Minnesota, and State Rep. Justin Pearson of "The Tennessee Three," who gained nationwide fame after being expelled from, and eventually reappointed to Tennessee's Legislature earlier this year.

Similarly famous, though politically-opposed headliners are also being invited to the Nebraska Republican Party's August 18th Booster Event and State Central Committee meeting. Former Trump campaign manager Kellyanne Conway is set to attend. Conway, who previously advised former Nebraska gubernatorial candidate Charles Herbster, also rose to national fame for her work on former President Trump's campaign.

Walz, a native of West Point and graduate of Chadron State College, is a favorite among Democratic governors, and rose to national prominence after making substantial investments in Minnesota's K-12 education system, moving to protect reproductive rights, and working to cut taxes despite spending large amounts on other initiatives. Ben Nelson, a former U.S. senator and Governor of Nebraska, is famous for casting the pivotal cloture vote for health care legislation under former President Barack Obama. He is also, as of this time, the last Democrat to hold statewide office in Nebraska.

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NEBRASKA'S FEDERAL BENCH ANNOUNCES SELECTION OF NEW MAGISTRATE JUDGE

OMAHA- On Wednesday, Nebraska's U.S. District Court judges announced that Jacqueline DeLuca, an Omaha-based attorney, will join the federal bench, beginning next year, as a U.S. Magistrate judge. Following the retirement of U.S. Magistrate Judge Cheryl Zwart in January 2024, DeLuca will assume the role. Magistrate judges serve eight-year, renewable terms and are responsible for the management of pretrial proceedings in federal civil and criminal matters, as well as the trial of misdemeanor cases.

DeLuca attended Creighton University for both her undergraduate and graduate degrees, winning multiple awards during her time at the Creighton University School of Law for trial advocacy. After serving as a judicial clerk with a Missouri-based federal judge, DeLuca began working at Fraser Stryker in 2013, a firm based out of Omaha. In 2021, DeLuca moved on to work at PayPal as the head of the North American Consumer Litigation and Pre-Litigation Resolution Team.

Applications for Judge Zwart's replacement were accepted in March of this year, and a panel of judges eventually zeroed in on five potential, confidential candidates. DeLuca was then selected from among the five applicants. "Nebraska's federal court, and the people it serves, are very fortunate to welcome such a highly qualified individual to our bench," said Robert Rossiter, Chief U.S. District Judge.

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REP. FLOOD'S 'FINTECH' GATHERING DISCUSSES NEED FOR CRYPTO REGULATION

LINCOLN- On Wednesday, U.S. Rep. Mike Flood held what he called a "Flyover Fintech" forum for over 250 attendees, most of whom work in the business, government, and academia sectors, at the University of Nebraska-Lincoln College of Business, stressing the importance of federal regulation for cryptocurrency and blockchain technology. Attendees included the University's President, Ted Carter, Nebraska Bankers Association President Richard Baier, several startup managerial figures, and members of the Nebraska Legislature's Banking, Commerce, and Insurance Committee.

"I see fintech as an opportunity to create wealth and jobs in Nebraska," Flood told the large crowd, "I see fintech as an evergreen area of the law where we are literally shaping how this sector is going to move forward...for the entire world." Fintech, or financial technology, was described to the crowd by U.S. Rep. French Hill, an Arizona representative, who sees technologies like cryptocurrency and the blockchain as the future of global finance. Hill compared the financial disruption caused by cryptocurrency to that of the ATM, which is now a ubiquitous financial tool.

Later on in the forum, Flood, as well as Nebraska Lt. Gov. Joe Kelly, a former criminal prosecutor, spoke about the need to regulate the up-and-coming technology to protect individuals from fraud. The challenge in doing so, according to several speakers at the event, is ensuring that legal protections for investors and customers that were designed for stocks, bonds, and banks are properly calibrated to handle financial transactions and the rise of artificial intelligence. Sen. Eliot Bostar, however, who led one of the panels, is optimistic about the future of the technology, saying that the disruption caused by cryptocurrency, just as the one caused by ATMs and credit cards, will pass as the technology becomes more user-friendly and ubiquitous.

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LINCOLN'S WARHORSE CASINO TO BEGIN NEXT PHASE OF CONSTRUCTION

LINCOLN- Phase two of the WarHorse Casino construction project is set to begin next week, so long as all required building permits are approved by the state. According to Lynne McNally, CEO of the Nebraska Horsemen's Benevolent and Protective Association, the planned expansion will more than double the size of the casino. WarHorse, in conducting the expansion, seeks to have 900 available gaming stations, space for restaurant seating, horse race simulcasting, and sports betting.

"You'll be able to bet the horse races and bet on a football game at the exact same time," said McNally, "The gaming space will be much more spread out, much more comfortable, and we're doubling the number of gaming positions. McNally continued by confirming that the long-awaited horse track, which was part of phase one, should be completed next month, with phase two expected to take around a year. Once that's completed, WarHorse plan on initiating phase three, the construction of a new hotel close to the casino.

"We're going to be the true destination casino that we should be," said McNally. WarHorse developer Ho-Chunk Inc. has already spent around $100 million on the construction of the casino, but plans to up that number closer to $310 million to construct the proposed expansions. Since opening last September, WarHorse has raked in millions of dollars in tax revenue for the state, with around 75% of the revenue going toward property tax relief.

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