BELLEVUE MAYOR SAYS HIS COMMUNITY DESERVES A RACETRACK CASINO

BELLEVUE- Bellevue and Sarpy County more broadly should not be denied the benefits of hosting a horse racing track and casino, Bellevue Mayor Rusty Hike said Tuesday. Hike said the proposed Bellevue Downs Racetrack and Casino in his community would pull revenues away from Iowa casinos, and that it would likely generate more local revenue than was forecasted by a state consultant.

The report, which was prepared on behalf of the Nebraska Racing and Gaming Commission, argued that a facility in Bellevue would generate roughly $60.7 million in revenue, but that some of that revenue would be pulled from Nebraska's existing racetrack casinos. According to the report, the WarHorse Casino, which is currently under construction in Omaha, would lose $24.7 million if the Bellevue facility was given the green light.

Despite the report, John Hassett of Askarben Equine argued that a Bellevue location would increase state revenues overall, and that the proposed track in this location would be utilized to race quarter horses, so it wouldn't compete directly with Thoroughbred tracks. "The quarter horse racetrack will be a unique draw," said Hassett, "We expect it to be very popular with the public, because quarter horse racing provides a faster-paced race experience."

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NEBRASKA REP. MIKE FLOOD: IMMIGRATION IS AMONG 'THE NO. 1 ISSUE I HEAR ABOUT' AHEAD OF BORDER TRIP

WASHINGTON, D.C.- Among the first items on Rep. Mike Flood's agenda is a trip to Eagle Pass, Texas, a city on the U.S.-Mexico border that has become a popular destination for migrants entering the country. Flood will join House Speaker Mike Johnson and several other House Republicans there this week, where they seek to "focus the American people's attention on something that should be remedied, that everyone in the nation wants handled."

Flood's second trip to the border, his first trip being in 2022, comes as illegal border crossings into the United States reach record highs. Republicans have blamed this increase on President Joe Biden, who has even faced scrutiny from his own party. "Democrats are calling on President Biden to act as buses are showing up in Denver and Chicago and New York and all these major cities in America with folks that are crossing our southern border.

Pointing out an influx in fentanyl trafficking, Flood described the issue as having "turned every town in Nebraska into a border town." Despite the concerns of Nebraska's federal delegation, local businesses in the state have called on them to enact incremental immigration reform as a means to solve the state's pressing workforce shortage. Flood agrees with these sentiments, but argued that the first step in improving immigration is to secure the border.

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NEBRASKA RENEWS TEMPORARY REGULATIONS ON GENDER-AFFIRMING CARE FOR ANOTHER 90 DAYS

LINCOLN- Nebraska's Department of Health and Human Services renewed the temporary regulations that govern access to gender-affirming care for the state's trans youth on Tuesday. The temporary regulations, which initially took effect on October 1st and were renewed Tuesday for another 90 days, require patients under the age of 19 to undergo at least 40 hours of therapy and receive permission from a parent or legal guardian before being prescribed puberty blockers or hormone medication.

The regulations, proposed by the state's chief medical officer, Dr. Timothy Tesmer, will remain in place until March 29th, or until permanent regulations are approved by DHHS. The proposed permanent regulations faced broad opposition at a 12-hour public hearing in November, where over 60 people lined up largely to criticize them.

Many of those who spoke urged Tesmer and the Department to reconsider the requirement that trans youth undergo 40 hours of therapy, since, according to advocates, this can delay treatment by 10 months or more and cost upwards of $6,000. Tesmer, who did not attend November's public hearing, is required by law to review and evaluate all public comments before deciding whether or not to amend the regulations.

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LAST YEAR'S TAX CUTS LEAVE LITTLE FISCAL WIGGLE ROOM FOR NEBRASKA LAWMAKERS THIS YEAR

LINCOLN- Recent projections indicate that Nebraska lawmakers may have very little wiggle room for tax and spending changes this year despite starting the new session in what appears to be a comfortable fiscal position. The projections show state revenues exceeding budgeted spending by $379 million for the two-year budget period that ends in June of 2025, with an estimated cash reserve fund of $869.7 million by the end of that period.

However, state Sen. Robert Clements, chairman of the Legislature's Appropriations Committee, said lawmakers left those amounts in state coffers deliberately to make last year's major tax relief and school aid package sustainable in the long run. "It's not extra money that's available," he said. These packages, supported by Gov. Jim Pillen, are expected to cut or offset more than $6 billion worth of property and income taxes over the next six years, which would result in a state revenue decrease from $6.45 billion in the current fiscal year to $6.27 billion in the fiscal year ending in June of 2027.

Without cushioning in the current budget period, the state could win up in the red for the next two-year budget period. With a budget cushion, however, the future fiscal outlook gives lawmakers a bit of room to increase state spending or provide further tax relief since it had spent less than was budgeted in fiscal year 2022-23. The budget increases this year will likely come from lawmakers seeking to increase payment rates for hospitals, nursing homes, and other healthcare providers.

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NEBRASKA TAX CREDITS FOR DONATIONS TO SCHOLARSHIP-GRANTING ORGANIZATIONS TAKE EFFECT

LINCOLN- On Monday, Sen. Lou Ann Linehan's controversial LB753 took effect, allowing Nebraskans to earn tax credits for making donations to certain scholarship-granting organizations working with private and faith-based schools. The law offers dollar-for-dollar tax credits to both individuals and entities in the state.

As per the law, which was passed in 2023, $25 million in tax credits will be available in 2024, with the same amount available next year as well. After that, the limit for tax credits will grow to a maximum of $100 million per years, with individuals and businesses barred from claiming more than $100,000 in annual credits. Estates and Trusts, however, would be capped at $1 million per year.

The bill fell under heavy scrutiny before and after its passage, and even prompted the creation of the opposition group Support Our Schools Nebraska, which launched a successful petition drive that will allow Nebraskans to decide the fate of LB753 this November. Before that, however, those who donate will still be eligible for the tax credits. Support Our Schools Nebraska argued that the tax credits won't help schools or families in rural Nebraska, as all three of the certified scholarship-granting organizations outlined in LB753 reside in the Omaha and Lincoln areas.

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BILL GATES BUYS $113 MILLION WORTH OF NEBRASKA FARMLAND

LINCOLN- For several years now, federal records indicated that a sizable portion of farmland, roughly 22,830 acres, was owned by a farmland investment startup called AgCoA, with the owner's name remaining unlisted. However, through recently released financial and loan details, it was revealed that Bill Gates, the billionaire Microsoft co-founder, spent nearly $113 million buying Nebraska farmland through AgCoA.

Across 19 counties, Gates, through the shell company AgCoA, now owns about 20,000 acres after recently selling several thousand. The largest stretch of land, equating to 8,500 acres and formally titled Mt. Edna Farms, resides in Holt County. "I think if you ask on the street, who owns Mt. Edna Farms, nobody'd even know what it was," said Bill Tielke, chair of the Holt County Board, "I don't remember it throwing up any bells or whistles or anybody even saying anything about it."

The Nebraska Farm Bureau, through spokesperson Cassie Hoebelheinrich, declined to comment on Gate's farmland ownership in the state. "This is an issue we really don't follow and isn't a priority for us," they said. Gates' land ownership, upon its revelation, has been the subject of concern for some Nebraskans. According to state Sen. Tom Brewer, if Gates' land was given to the Bill and Melinda Gates Foundation, a nonprofit, and subsequently became exempt from property taxes, it would "decimate" the counties involved. "It would force action from the Legislature to protect the counties," he said.

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NEBRASKANS INVITED TO PROVIDE INPUT ON UPDATE OF STATE 'WILDLIFE ACTION' PLAN

LINCOLN- Public input is being sought on the updating of a state plan to reverse the decline of at-risk wildlife and plant species and preserve key habitats in the state. Six open house-style meetings were scheduled this month to gather comments about the update, which is required as part of the Nebraska Natural Legacy Project.

The voluntary, incentive-based project, established in Congress in 2001, provides a "blueprint" to attempt to reverse the decline of at-risk species nationwide. In Nebraska alone, over 700 species are listed as "at-risk," including the burrowing owl, eastern red bat, and monarch butterfly.

A number of Nebraska conservation and farm groups are partners in putting together the plan, which is coordinated by the Nebraska Game and Parks Commission. The updated plan is set to be released in 2025. The open houses are scheduled as follows:

Jan. 10 in Beatrice, Beatrice Public Library, 100 N. 16th St., 5:30-7 p.m.

Jan. 17 in North Platte, UNL Extension – West Central Research and Extension Center, 402 W. State Farm Road, 6:30-8:30 p.m.

Jan. 18 in Wood River, Crane Trust, 9325 S. Alda Road, 6:30-8:30 p.m.

Jan. 23 in O’Neill, Upper Elkhorn Natural Resources District, 301 N. Harrison St, 6:30-8:30 p.m.

Jan. 24 in Norfolk, Lower Elkhorn NRD, 1508 Square Turn Blvd, 6:30-8:30 p.m.

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SENATOR BLOOD PROPOSES TAX CREDITS TO SUPPORT AFRICAN AMERICAN FARMERS

LINCOLN- A Nebraska State Senator has introduced a bill to foster financial assistance for black farmers through the implementation of tax credits. State Senator Carol Blood introduced the Nebraska Farmers of Color Opportunity Act in the Legislature. LB825 encourages individuals and entities to contribute to organizations supporting black agricultural producers.

These contributions would enable taxpayers to claim tax credits against their state income tax liabilities. The bill introduces a certification process for organizations intending to provide tax-credit-supported grants to eligible farmers. Sen. Blood introduced it on the very first day of bill introduction in this year's session which kicked off this week.

Blood emphasized in the legislation that “it is in the best interests of the State of Nebraska and its citizens to encourage individuals and businesses to support organizations that financially assist black agricultural producers in this state; and such encouragement can be accomplished through the use of tax credits.”

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STATE LABOR COURT ORDERS POSTPONEMENT OF PILLEN ORDER TO END REMOTE WORK

LINCOLN- Last Friday, a three-member panel of the Nebraska Commission of Industrial Relations, citing state statute, ruled that the "status quo" in working arrangements in Nebraska must continue until it can rule on an objection filed by the Nebraska Association of Public Employees, essentially halting Pillen's order to end remote working arrangements for state employees, at least for the time being.

The Commission rejected an argument by the Pilen administration that the "status quo" allowed it to return working arrangements to those that existed before the start of the COVID-19 pandemic. "The Nebraska Supreme Court has defined status quo to be the employment status, wages, hours, or terms and conditions of employment, which existed prior to this dispute," the Commission's order stated.

Justin Hubly, executive director of the state employees union, said that he was pleased with the Commission's ruling, and that the labor panel recognized "the harm" that could ensure if Pillen's order went into effect. "We need to do all we can to attract and retain a new generation of public servants," said Hubly, citing statistics that suggest that one in every five state jobs is currently unfilled.

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GOV. PILLEN PREVIEWS HIS PROPERTY TAX PLAN, OTHER GOALS FOR 2024 LEGISLATIVE SESSION, PROPOSES RAISING SALES TAX

LINCOLN- During the 2024 legislative session, Gov. Pillen says he plans to pitch a "transformational" proposal to reduce the amount of property taxes paid by capping local government spending and funding services more through sales tax. He said he wants to create lasting, structural tax changes in the state.

The governor also expressed interest in working to attract and retain a qualified workforce in Nebraska, a priority he said will be outlined in his annual State of the State address later this month. According to Pillen, such an endeavor would require improving access to quality child care in the state. Under Pillen's property tax proposal, the state would set "hard caps" on spending growth by cities and counties, and perhaps retain last year's "soft caps" on K-12 school districts.

Pillen's goal is to trim $2 billion of the $5 billion Nebraskans pay yearly in local property taxes. According to the governor, the only way to reach that reduction would be if every level of government takes a deeper look at its spending. Pillen also indicated that he's preparing a proposal to increase the state's sales tax by 2 cents, from 5.5 cents to 7.5 cents. Revenue from this 36% hike in sales tax, according to the governor, would be utilized to help lower local property taxes.

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'A PROGRAM FOR CONVICTS DESIGNED BY CONVICTS'- TRANSITIONAL LIVING HOUSE PUTS NEBRASKA PAROLEES ON BETTER PATH

OMAHA- Many parolees are finding peace and optimism in a 12-week program in Omaha. 50th Street Landing, a transitional living program, is directed by Shane Reilly and staffed by eight people who have all either been in jail or in prison and are recovering from their addictions. There are two houses in the program. One house is along 50th Street near Ames Avenue. Another house is located in the Benson area.

A parolee will live at the 50th Street house for six weeks and then live the remaining six weeks at the Benson house. Established in spring 2021, 50th Street Landing sees about a dozen parolees going through the transitional living program at any given time. 82 parolees have gone through the program. Of the 82, 59 have successfully completed the program without relapsing — a 72% success rate.

It’s not clear how 50th Street Landing’s success compares to the average for transitional living programs. A state parole administrator said the division is in the early stages of tracking transitional living data. What separates 50th Street Landing from other programs is the bond Reilly forms with parolees through accountability, extensive support and shared prison experiences, graduates of the program say.

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NEBRASKA'S NEW MOTORCYCLE HELMET LAW SET TO TAKE EFFECT ON JAN. 1

LINCOLN- A new law that will not require motorcyclists to wear helmets is just days away from taking effect here in Nebraska. Starting on January 1st, riders over the age of 21 can choose to not wear a helmet once they complete a safety course. This comes after the state’s helmet law was passed in the first legislative session back in May.

“A lot of people are real upset they’ve been riding for 30 to 40 years and they don’t think they can learn something new,” said Stephanie Politt with the Harley-Davidson Riding Academy. “I want people to look at it as an opportunity to become a better rider.” Politt says she’s been getting lots of calls ever since the law passed, and that she and her team have gotten creative to help veteran and non-veteran riders.

“We’ve added a lot more of our intermediate rider courses,” Politt said. “This is a course that is on your own motorcycle and it’s only 11 hours of time instead of the 22 hours which is what a basic rider’s course would be.” The courses focus on skill and teach the nuts and bolts of motorcycle and helmet safety. Once riders pass the safety course, they legally have the option to ride their motorcycle without a helmet, but they will still be required to wear some type of protective eye wear.

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NEBRASKA MEDICAID ANNOUNCES PUBLIC HEARING FOR 2024 DENTAL CHANGES

LINCOLN- Nebraska Medicaid has collaborated with dental professionals across the state to develop multiple proposed changes to improve dental care as of January 1, 2024. These changes aim to expand dental services and care for Medicaid beneficiaries and to increase efficiency for dental providers.

Nebraska Medicaid is proposing four changes. First, the removal of the annual dental benefit maximum, Second, interruptions to denture treatments. Third, aligning the plan with asymptomatic wisdom tooth extraction practices. Fourth, coverage of various services provided by Public Health Dental Hygienists. The public hearing will be on January 22, 2024, from 1 to 3 p.m. in the Meadowlark Conference Room at 301 Centennial Mall South, Lincoln, NE 68509.

“We cannot be successful without the valuable input and insights we get from our community members and stakeholders,” said Matt Ahern, Interim Director for Medicaid and Long-Term Care. Nebraska Medicaid encourages anyone interested in providing feedback to do so by emailing dhhs.regulations@nebraska.gov. The input received will help inform the finalization of the dental changes, ensuring that they effectively address the needs of Nebraska Medicaid members.

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FEDERAL JUDGE SAYS NORFOLK-AREA NRD WENT TOO FAR IN SANCTIONING BOARD MEMBER

LINCOLN- A Norfolk-area natural resources district board likely went too far in censuring a member of its board for confirming to a newspaper she had filed a complaint against a fellow board member. U.S. District Judge John Gerrard issued an order granting a preliminary injunction sought by Melissa Temple against the Lower Elkhorn Natural Resources District.

Gerrard wrote that the board likely violated Temple’s First Amendment rights by retaliating against her and limiting her access to travel reimbursements and per diem payments while doing board business. Temple was represented by the new First Amendment Clinic at the University of Nebraska-Lincoln. Gerrard found that the board’s actions had a potential “chilling effect” on Temple’s speech.

“If Temple continues to engage in protected speech, such as informing the press of how the sanctions are affecting her ability to govern, she might be subject to further sanctions,” Gerrard wrote. “Temple’s right to publicly criticize the LENRD’s decision is enshrined by the First Amendment.” The board, he wrote, has the authority to remove Temple from subcommittees but, the judge wrote, the NRD and its voters should question whether it should.

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'WE'RE HAPPY WITH THAT': REPORT SHOWS NEBRASKANS WAGERED $7.3 MILLION MORE ON KENO

OMAHA- According to the Nebraska Department of Revenue, $357 million dollars were wagered on keno in the state between June 2022 and July 2023, an increase of $7.3 million over the 2022 fiscal year. Because of this, tax revenue increased by nearly $150,000. The latest quarterly report issued by the Department in September, however, did show a drop in revenue from the previous quarter.

"A bit of a surprise to be honest," said John Hassett, the president and managing partner of Advanced Gaming Technologies, "because like I say the competition's increasing and Keno is still staying pretty steady so we're very happy with that." Hassett said that Keno brings in funds communities may not otherwise be able to get, and that this funding helps pay for city-wide programs like Light Up Bellevue.

"Bellevue put about $750,000 each year into the economic development fund," said Hassett, whose organization operates 18 locations in Bellevue. With new competition arising in Nebraska, including in the realm of sports betting, Hassett said he was grateful that his industry hasn't been negatively impacted.

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LINCOLN'S SOPHOMORE SENATORS SEEK COMMON GROUND IN 2024 AFTER CONTENTIOUS FIRST SESSION

LINCOLN- According to Sen. George Dungan, 2023 marked a "trial by fire" for the group of lawmakers who entered Nebraska's latest legislative session as freshman just months after their election night wins. "I think, historically, Nebraska and the unicameral has avoided a lot of these hyper-partisan fights that we've seen at the national level in D.C., as well as a lot of the other statehouses," said Dungan, "by virtue of the fact that our system is focused on just trying to help and kitchen table issues."

"This last session, I think, was different," finished Dungan. Although the Legislature ultimately passed hundreds of pieces of legislation through "Christmas tree" bills this past session, the acrimony that consumed its initial months has prompted several senators to seek rule changes ahead of the upcoming 60-day session. While it's still unclear what fate such proposed changes might meet come January, the Lincoln lawmakers entering their second sessions are seeking a return to normalcy.

"My hope is that, over the interim, everyone took a moment to step back and say, 'That was ugly. Let's do better. Let's be better.'" said Sen. Carolyn Bosn. All of Lincoln's delegation insisted that they do not intend to spend another session opposing one another. "We should not be a Republican-Democrat Legislature. We should be focused on how we grow Nebraska and work on issues that are important to our constituency," said Sen. Beau Ballard, "We can find common ground on 80, if not 90, if not 95 percent of issues."

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EX-NEBRASKA REP. FORTENBERRY'S CONVICTIONS REVERSED BY FEDERAL APPEALS COURT

LINCOLN- On Tuesday, the 9th U.S. Circuit Court of Appeals released a 27-page opinion reversing former U.S. Rep. Jeff Fortenberry's conviction "without prejudice to retrial in proper venue," meaning the Congressman can be tried again in Nebraska or Washington, D.C. Fortenberry was charged in 2022 with one count of concealing conduit campaign contributions and two counts of lying to federal agents after it was alleged that he had received an illegal campaign contribution from billionaire Nigerian businessman Gilbert Chagoury in 2016.

Fortenberry was convicted by a federal jury in Los Angeles, with prosecutors arguing that this was an adequate trial location since Fortenberry had received the illegal money in California. However, the 9th Circuit Appeals Judges disagreed with this justification. "Fortenberry's trial took place in a state where no charged crime was committed," their conclusion read, "The Constitution does not permit this. Fortenberry's convictions are reversed so that he may be retired, if at all, in a proper venue."

Fortenberry had received nearly $30,000 from Chagoury during the 2016 fundraiser, but denied any knowledge of such a contribution after being questioned by FBI agents in 2019. After his 2021 indictment, Fortenberry's lawyers fought to move the trial location from California to Nebraska. Fortenberry and his wife, Celeste, praised the court's decision. "We are gratified by the Ninth Circuit Court," they said," Celeste and I would like to thank everyone who has stood by us and supported us with their kindness and friendship."

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PROPOSED BUSINESS PARK NEAR NEBRASKA'S LARGEST AIRPORT EMBROILED IN CONFLICT

OMAHA- A battle is ramping up over who will control nearly $90 million in public funding intended to launch a job-producing business park near Omaha's Eppley Airfield, with Sen. Justin Wayne criticizing the city's final proposal for the area. "That's insane," said Wayne of the estimated cost just to get the ground ready for development, "My concern is, what do we get for the $90 million? Are they even going to build anything vertical? If you don't have a structure, you don't have a job."

Despite Wayne's objections, the team behind the 47-page development "master plan," the Greater Omaha Chamber, Burlington Capital, and the Omaha Economic Development Corp., argue that Wayne and other legislators were well aware of the substantial expenses necessary to begin preparing the area for broader construction.

"The scope of the airport business park concept has always been the development of large, shovel-ready lots," the team said in a joint statement, "Our study and planning effort simply updated the cost estimates that the senators had seen previously." Overall, the group's master plan projects a $200 million price tag to establish an industrial and commercial business park on two sites around Carter Lake near Eppley Airfield.

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ACLU SEES 'RED FLAG' IN INCREASE IN USE OF SOLITARY CONFINEMENT FOR JUVENILES

LINCOLN- The ACLU of Nebraska says a new report issued by the Inspector General of Child Welfare raises a 'red flag' about a significant increase in solitary confinement of juveniles after it was revealed that such youths spent 32% more hours in solitary confinement over the course of the past year. The report even revealed that the hours spent by juveniles in confinement at the Youth Rehabilitation and Treatment Center in Kearney nearly quadrupled.

"Officials need to act on this now," said Jason Witmer, a former prison inmate who is now a policy fellow with the ACLU, "I know firsthand from enduring it myself that no one, particularly youth, should have to face days, weeks, or in some cases months alone under confinement." Jennifer Carter, the Inspector General for Child Welfare, said juvenile detention facilities and treatment centers are "struggling" to adhere to state law when it comes to solitary confinement, as statute requires that such action only be taken as a last resort and for the least amount of time as possible.

"To truly reduce the use of room confinement, the Legislature must better understand the factors driving the safety and security concerns in these facilities," said Carter, "and provide the facilities with the resources and tools they need to maintain safety while reducing the reliance on this problematic practice." Despite the findings of the report, a spokesman with the Nebraska Department of Health and Human Services, which operates the state's three youth treatment and rehabilitation centers, argued that the agency "strictly follows" statute when it comes to juvenile confinement.

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OMAHA MAN LAUNCHES VIGIL AT GOVERNOR'S RESIDENCE AS PILLEN PROCLAIMS THAT HE DOESN'T 'BELIEVE IN WELFARE'

LINCOLN- Paul Feilmann, an Omaha-based anti-poverty activist launched a vigil on Friday at the Governor's Mansion in Lincoln to protest the state's rejection of $18 million in federal funding that could have been used to feed up to 150,000 low-income youths over the summer of 2024. A spokeswoman from Pillen's office argued that the federal program was one related to the COVID-19 pandemic and that the pandemic was over.

On Friday, speaking at a press conference related to another subject, Gov. Pillen said that he doesn't "believe in welfare," and that the existing summer food programs run by the state are adequate. However, Feilmann, as well as Nebraska Appleseed, argue that the state's Summer Food Service Program is limited, and does not reach all of Nebraska's children.

Indeed, in 2023, there were 197 Summer Food Service sites across Nebraska operated by 58 sponsors, down significantly from the 270 sites and 83 sponsors the year before. On Thursday, the day before Feilmann's vigil, Nebraska Appleseed launched a petition drive urging the state to reconsider its position on the funding. The petition will be given to Pillen on December 29th, just two days before the January 1st cut-off date.

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