MORE WORK AHEAD FOR BILL THAT WOULD PHASE OUT NEBRASKA'S INHERITANCE TAX

LINCOLN- State lawmakers adjourned floor debate on Tuesday without voting on a bill that would phase out Nebraska's inheritance tax, suggesting that more work must be done on the proposal. Sen. Rob Clements, who has made eliminating the "death tax" a top priority during his legislative career, acknowledged that changes may be necessary if his LB1067 is to pass.

One cosponsor of the bill, Sen. Mike Jacobson, said during debate that he couldn't support the measure as written because it didn't include ways to replace the funding lost by Nebraska counties from the repeal of the tax. Jacobson, as well as the Nebraska Association of County Officials, argued that repealing the tax would result in a widespread property tax increase.

"There's one thing I hate more than inheritance tax," said Jacobson, "and that's property tax." Clements said he has been seeking avenues to replace lost revenue for the counties, but also has faith that county commissioners can make the needed adjustments during the proposed five-year phase-out of the inheritance tax.

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LEGISLATIVE COMMITTEE CONSIDERS BILL TO BOOST NEBRASKA'S 911 SYSTEM, ADD TRANSPARENCY

LINCOLN- This year, Sens. Wendy DeBoer and John Fredrickson are looking to create additional redundancy in the state's 911 system to thwart future outages. "We're talking about 911," said Fredrickson, "We're not talking about streaming, Hulu or Netflix, we're talking about life-saving emergency services."

The Nebraska Public Service Commission, which handles 911 oversight, testified in support of Sens. DeBoer and Fredrickson's LB1256 and LB1255, which would require a public hearing after a 911 outage and set a timeline for the transition to next-gen 911, respectively. Sheriff Neil Miller of Buffalo County, testifying on behalf of the Nebraska Association of Sheriffs, said any delays in the implementation of next-gen 911 must be avoided.

"Continuing to rely on outdated technology only increases the chances of an outage," said Miller. However, Brian Thompson, who serves on the state's advisory committee related to the next-gen 911 transition, said the change will come at a cost. He estimated that the cost of a company working outside Nebraska's border could require an annual price stage of $15,000 per company, should the transition be made.

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FLOOD, BOSTAR WORK WITH NEBRASKA LAW ENFORCEMENT TO LURE OUT-OF-STATE OFFICERS

LINCOLN- U.S. Rep. Mike Flood and State Sen. Eliot Bostar hope to lure out-of-state law enforcement officers to Nebraska by promoting a new state education benefit aimed at their kids. On Tuesday, Flood, surrounded by local police chiefs, sheriffs, and the colonel of the Nebraska State Patrol, touted Bostar's LB727, which expanded a tuition waiver for law enforcement officers to include paid firefighters and dependents.

"Our message today, while very important today in Nebraska, is really a message to the rest of America," said Flood, "Nebraska embraces and supports our law enforcement community." Last fall, 80 students at the University of Nebraska-Lincoln, 31 at the University of Nebraska at Omaha, 5 at the University of Nebraska at Kearney, and six at the University of Nebraska Medical Center collected the benefit.

State and local law enforcement leaders said the new benefit has made it easier to retain experienced officers, deputies, and troopers. Lancaster County Sheriff Terry Wagner said his staffing is down about 10%. "We have about 15 people in our new class, which will help," he said, "But we could always use more."

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NEBRASKA AUDITOR SAYS STATE AGENCY WAS SEEKING TO REPLACE HIM AND HIRE A 'HAND-PICKED' CPA FIRM

LINCOLN- In what was described as an "extraordinarily bold move," the Nebraska Department of Health and Human Services attempted to bypass the scrutiny of the Nebraska State Auditor by hiring its own "hand-picked" private accounting firm last year. State Auditor Mike Foley revealed the move during a public hearing on Tuesday concerning a bill seeking to clarify that the auditor is the "exclusive authority" in reviewing state spending.

DHHS and Foley have clashed in the past over the Auditor's often blunt and sometimes critical audits of the agency. Foley, testifying before the Legislature's Appropriations Committee, called last year's effort to replace his office's services "a direct assault upon the inherent constitutional authority" of his office.

A spokesman for the Department said the agency sought a Request for Information a year ago from private firms as part of its "due diligence to determine if other options may save taxpayer resources." Jeff Powell, the spokesman, said is costs the agency $830,000 each time the State Auditor conducts a federally required "Statewide Single Audit," which reviews the spending of federal dollars by state departments.

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NEBRASKA'S UNEMPLOYMENT BENEFITS COULD BE SLASHED BY 10 WEEKS IF PRIORITY BILL PASSES

LINCOLN- Nebraskans who get laid off from work could have a tougher time if state lawmakers pass a bill that has been flying under the radar so far. LB1170 would cut the length of time people could get unemployment benefits by nearly 40%, slashing the maximum from 26 weeks down to 16 weeks. State Sen. Merv Riepe of Ralston introduced the bill.

It has now advanced from the Business and Labor Committee, which he chairs, and has been named a committee priority, which increases the chances it will be debated by the full Legislature. Riepe called the measure a “motivation bill” that could encourage workers to take jobs more quickly, while saving money for the state’s unemployment trust fund.

“I’m not trying to be brutal on this thing,” he said. “There’s plenty of job opportunities in the marketplace.” But opponents said the measure would shrink an important safety net. They said it would force more workers to take jobs that are not a good match for their skills and experience, or it would leave them and their families without needed benefits.

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SPARKS FLY AT OMAHA MEETING ABOUT $90M AIRPORT BUSINESS PARK AND EMINENT DOMAIN QUESTIONS

OMAHA- Outbursts of frustration and anger punctuated a community meeting aimed at clarifying parts of a proposed airport area business park funded by $90 million in state funds. At the end of the two-hour meeting, however, key questions from the 75 or so people there remained anything but clear. That is: Will eminent domain be in play?

“I can’t answer that,” said Michael Maroney, executive director of the Omaha Economic Development Corp., which is leading a coalition that has been awarded the state contract to create a shovel-ready site for the business park. Omaha-based Burlington Capital and the Greater Omaha Chamber are partners in the project, and each had a representative at the meeting.

Monday’s meeting, held at the Metropolitan Community College Fort Omaha campus, was the first to include most of the major players involved in the proposed airport business park. The project, to be completed in phases, is to start on about 160 acres north of Carter Lake and west of Eppley Airfield.

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NEW POLLING FINDS 70% SUPPORT FOR LEGALIZING MEDICAL CANNABIS

LINCOLN- New polling found that 70% of respondents are ready to legalize medical marijuana in Nebraska and that a majority of those responding want to approve a novel alternative to property, sales and income taxes. The poll, conducted for Neilan Strategy Group, mirrors polling done by a group seeking to place the medical cannabis issue on the 2024 ballot.

The Nebraskans for Medical Marijuana said their polling in 2022 showed that 80% of registered voters were in favor of legalization. “Nebraskans are clearly ready to legalize medical marijuana,” said Perre Neilan of Neilan Strategy Group. Crista Eggers of Nebraskans for Medical Marijuana said that she’s not surprised “whatsoever” by the poll results in that it mirrors what they’ve seen in recent years.

This year marks the third time the medical marijuana group has tried to get the issue before voters, after failing to find favor with the issue in the Nebraska Legislature. To qualify for the ballot, an initiative seeking a law change must gather the signatures of about 86,000 registered voters and get signers from at least 5% of voters from 38 of state’s 93 counties.

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PROPOSAL WOULD PUT LOCAL WATER FLUORIDATION TO PUBLIC REFERENDUM

LINCOLN- Conversations about water fluoridation may be on the horizon for more Nebraska cities or villages, in light of a legislative proposal under consideration. LB1387, introduced by Sen. Ben Hansen, would set up a referendum vote on whether communities should fluoridate their water supply, which is meant to fight tooth decay. In 2008, the Legislature mandated fluoridation for certain cities.

Beginning Jan. 1, 2025, LB1387 would require cities or villages to opt-in through an ordinance and a vote of its residents at the next regular election. It’s unclear whether communities already fluoridating would need to adopt another ordinance or put it to a vote; Hansen said they wouldn’t have to end fluoridation in the meantime. Hansen said communities should get to decide if they want the chemical.

“Our water systems are not to be used for drug distribution,” Hansen said at a hearing on the bill last Thursday. Testifying in opposition to Hansen’s bill were dentists from Nebraska, such as Dr. Jessica Meeske, a pediatric dentist in Hastings, who said it does not make sense for communities to reaffirm the decision to put fluoride in the public water supply.

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TWO NEBRASKA COMMUNITIES AWARDED A TOTAL OF $2.55 MILLION FOR AFFORDABLE HOUSING THAT HELPS REPLACE STOCK LOST TO FLOODING

LINCOLN- Two Nebraska communities are to receive state grants totaling $2.55 million for affordable housing that will help replace dwellings lost in the substantial 2019 floods. In a press release, the Nebraska Department of Economic Development announced the grants.

They are, according to the press release, to go to Sarpy County and Dodge County. Sarpy County was awarded $1.95 million to build 13 homes just west of Offutt Air Force Base, while Dodge County will receive $600,000 to construct four new homes. The funds come from the Affordable Housing Construction Program-Homeownership Production Program.

The program is intended to help facilitate the construction of affordable housing that targets the areas federally designated as most distressed by the 2019 flooding disaster. DED officials said that distribution of state and federal aid has been ongoing since the flood occurred, and that interest in disaster recovery housing programs has exceeded expectations.

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LABOR COURT SIDES WITH THE STATE ON LATEST LEGAL VOLLEY IN REMOTE WORK CASE

LINCOLN- On Friday, a state labor court sided with the state of Nebraska over a case introduced by the 8,000-member Nebraska Association of Public Employees, which requested that the state provide records that could cost potentially $1 million to produce. This request was denied by the Nebraska Commission on Industrial Relations.

"The disputed requests are overly broad, unduly burdensome, and without any tie to potentially relevant or admissible evidence for the commission's consideration in deciding this dispute," said Commissioner Gregory Neuhaus. Justin Hubly, the Association of Public Employees's executive director, said he didn't see the decision as a significant setback.

At issue is Gov. Pillen's November executive order that aimed to end remote work for most state employees, with just a handful of exceptions. The order, which called for most employees to return to their offices by January 2nd, set off a firestorm of objections. Hubly said it will likely impact over 1,300 state employees.

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'DEFENDER OF DOWNTRODDEN' KEEPS VOTERS GUESSING AS DEADLINE NEARS TO FILE FOR 2024 ELECTION

OMAHA- The self-proclaimed "Defender of the Downtrodden," former state Senator Ernie Chambers, the longest-serving legislator in Nebraska history, said recently that he's "thinking about" running against incumbent Sen. Terrell McKinney. However, Chambers, now 86 years old, added that thinking about running is "different than planning or intending to."

The final deadline to file as a candidate for the Nebraska Legislature is March 1st. This year, sixteen of the 25 seats up for election in the Legislature are "open," or lacking an incumbent. Three other races feature appointees making their first run to retain their post. As of Friday, the incumbent deadline for re-election, only one legislative seat lacked candidates entirely: District 15, which is now held by the soon-to-be term limited Sen. Lynne Walz.

After leaving office in 2021, Chambers said he'd consider running again in 2024 if his health was good and his mind was "clear." Recently, Chambers asserted that both boxes were checked this year, but that "people won't let me be." He said that some in Nebraska believe he carries a "magic wand" to block some of the "bad things" that have happened in recent legislative sessions. "But," said Chambers, "there's only so much one person can do. Even Jesus would end up on the cross."

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CONFLICTING POLLS SHOW BOTH OPPOSITION AND SUPPORT FOR PILLEN'S PROPOSED SALES TAX INCREASE

LINCOLN- Two public opinion polls provided contrasting results over whether or not Nebraskans agree with Gov. Pillen's proposal to raise the state sales tax in an attempt to offset property taxes. Pillen's proposal, which has yet to be debated by the full Legislature, has been criticized by some as a "tax hike" and an unacceptable tax shift from typically conservative and tax-cutting groups.

However, others, especially farm groups, have praised the governor's measure, arguing that it's a necessary step to address an unfair property tax burden on farms and ranches. One of the polls, released on Thursday by the Nebraska Association of County Officials, was praised by Pillen in a press release. It found that 65% of Nebraskans supported a 1% state sales tax hike "to allow governments to continue to provide important services."

However, another poll conducted by the Holland Children's Institute found that a plurality of respondents, roughly 45% opposed reducing "Nebraska's state property taxes by raising state sales taxes from 5.5% to 6.5%." The two polls also followed one released in January by Americans for Prosperity Nebraskan, which suggested that 70% of Nebraskans opposed raising sales taxes to decrease property taxes.

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FULL TUITION WAIVERS PROPOSED FOR NEBRASKA STUDENT TEACHERS

LINCOLN- If passed, LB953 introduced by Sen. Kathleen Kauth could give student teachers 100% tuition waivers beginning in 2025. "Encouraging and supporting prospective teachers will help us rebuild our teacher population," Kauth told the Education Committee last week during a public hearing over LB953.

The proposed program would run for six consecutive school years, ending during the 2030-31 school year, and is estimated to cost roughly $15 million in lost tuition revenue. However, this would be offset by annual appropriations of up to $3 million, argued Kristen Hassebrook, a lobbyist for the University of Nebraska System.

Paul Turman, chancellor of the state college system of Peru, Chadron, and Wayne State Colleges, said some school districts, such as Omaha Public Schools, provide stipends to student teachers, but that the practice is not widespread, especially in rural Nebraska. "Any type of legislation that begins to address ways to help incentivize students teachers in their final year of experiences is very warranted," Turman told the Education Committee.

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SPEAKER: NEBRASKA LEGISLATURE MOVING SMOOTHLY, BUT DIFFICULT SUBJECTS ON HORIZON

LINCOLN- The 2024 session has passed the halfway mark with plenty of work ahead. Lawmakers will continue to split their days between morning floor debates and afternoon committee hearings through the end of the month, as they sort through nearly 600 bills introduced this year, plus bills that remain in play from last year. Speaker John Arch said he is pleased with the progress and tenor of the first half of the short session.

Senators have collaborated on the floor to address concerns or find compromises, he said, while committees are taking time to give bills thorough consideration before advancing them for debate by the full body."I think last year's session was a motivator, to put it mildly," Arch said. "It motivated people to find another way to do this, and as a result of that, we said 'there's a process here that works, let's go back and relearn that.'"

"People that have bills and want those bills to pass are talking to those who come to committee hearings, or perhaps other senators, and a lot of times that results in a minor change that clears the opposition," he said. "That has made for better bills." As the Legislature takes the turn for home, Arch said he hopes the spirit of good governance and collaboration experienced so far continues.

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LEGISLATIVE COMMITTEE ADVANCES NEW OPPORTUNITY SCHOLARSHIP BILL

LINCOLN- State lawmakers have teed up another contentious debate over providing public funds for private, K-12 schooling. On a 6-3 vote, members of the Legislature’s Appropriations Committee advanced to floor debate a revised version of the Opportunity Scholarships Act that was passed last year.

That act faces nullification in a vote on the ballot in November, and supporters of the scholarships law made it clear that they want to avoid an expensive campaign to convince voters to retain last year’s act. “It’s pretty painful,” said Sen. Lou Ann Linehan, the sponsor of the bill introduced last year and this year’s LB1402, noting that supporters of the act spent more than $1 million in attempts to keep the issue off the ballot.

Elmwood Sen. Rob Clements, who chairs the Appropriations Committee, said he voted to advance LB 1402 because he’s been a longtime supporter of school choice and because backers of the Opportunity Scholarships Act wanted to avoid a bruising campaign over the ballot initiative. He was joined in voting the bill out by Sens. Armendariz, Dover, Erdman, Lippincott and McDonnell.

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'I MADE A MISTAKE': LAWMAKER WHO SANK NEBRASKA'S NEAR-TOTAL ABORTION BAN SEEKS CHANGES

LINCOLN- After working behind the scenes to revive a stricter abortion ban last year, a Nebraska lawmaker said he should have fought for an additional exception and a repeal of criminal penalties. Sen. Merv Riepe introduced LB1109 this year in hopes of adding an exception for fatal fetal anomalies, up to 20 weeks post-fertilization, in line with other exceptions for incest and sexual assault, which were included last year. At least two physicians would need to confirm a fatal diagnosis, determining the pregnancy would result in the infant’s death at birth or “inevitably thereafter.”

LB 1109 would also repeal criminal penalties for someone who intentionally or recklessly performs, or attempts to perform, an abortion in violation of state law. This penalty is currently a Class IV felony. Patients are not held liable for abortions performed or attempted illegally. “I failed last session to hold to my expectations, and we have an incomplete law,” Riepe told the Judiciary Committee.

Riepe said current criminal penalties penalize doctors following the law but “operating within the margins” while the additional exception is for mothers who have “done everything right”. ”They are want-to-be mothers. They have sought prenatal care and screening,” Riepe said. “But the genetic lottery has swatted them down, and they have lost.”

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DEBATE FOCUSES ON WHAT'S BEST FOR PUBLIC SAFETY: REPEALING OR RETAINING STATE'S 3-DECADE-OLD HANDGUN BUYER PERMIT LAW

LINCOLN- Gun rights advocates and those who support gun control differed on the merits of a bill that would rescind Nebraska’s 33-year-old handgun buyer’s permit law. The law requires anyone seeking to purchase, rent or receive a handgun to first obtain a state permit, costing $5, after first undergoing a criminal background check by a local law enforcement agency.

The permit is good for three years, which is what much of the debate was about. Right now, if someone obtained a state buyers permit and committed a felony or other offense the next day, that would disqualify the person from carrying a firearm, but that might not be discovered for another three years, said Sen. Tom Brewer. In this situation, an individual would still be able to purchase a gun.

Kelsey Remmers of the Nebraska State Patrol, which asked that LB 883 be introduced, testified it would close that “loophole” and “is in the best interest of public safety.” Supporters of gun control, Brewer said, should be in support of his proposal. That proposal is to require a background check at each purchase point as required by federal law.

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SUPPORT IS SURPRISINGLY BIPARTISAN TO DELETE CLAUSE ABOUT LEGAL OPINIONS FROM THE ATTORNEY GENERAL

LINCOLN- Attorney General Mike Hilgers testified in favor of a bill introduced by State Sen. Danielle Conrad, moments after the senator had ripped the state’s top lawyer for a “poorly written and political” legal opinion. Conrad was referring to the nonbinding legal opinion from Hilgers in August opining that legislatively created “inspector general” offices to monitor operations in state prisons and the child welfare system were an unconstitutional infringement by the Legislature on the authority of the executive branch of government.

The Lincoln senator has decried the legal opinion, saying that the agencies are “thumbing their noses” at state law, which requires the Legislature to provide oversight over state operations — operations at what she calls the two “most troubled” agencies in state government. The Legislature, Conrad said, created the inspector general offices in the wake of scandals over the past decade.

After being verbally slammed by Conrad during testimony, Hilgers spoke in favor of her bill, which surprised several members of the Government Committee. Hilgers said that the clause in state law concerning legal opinions from the AG is an “anomaly” and can make “a significant mess of things.” He added that his opinions are nonbinding.

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BILL TO PREVENT OPIOID OVERDOSE DEATHS IN NEBRASKA PASSES INITIAL HURDLE

LINCOLN- In 2022, 175 Nebraskans died of drug overdoses. A bill seeking to reduce that number advanced Wednesday from the initial-round legislative debate. State Sen. Tony Vargas of Omaha, who introduced Legislative Bill 1355, said that in more than 60% of the 2022 fatal overdose cases, there was at least one potential opportunity to prevent a death.

Under the bill, $4 million per year in grants from the Nebraska Opioid Recovery Fund would be provided for the Nebraska State Patrol, health care facilities, local public health departments and behavioral health regions to create programs to improve opioid treatment and response to overdoses. The bill, with amendments, advanced on a 40-0 vote.

Vargas, who prioritized the bill, said that opioid addiction touches too many lives and that the bill can help address “this public health crisis, keep our communities safe and get Nebraskans the help they need to treat and overcome addiction.” Vargas said that 67% of all overdose deaths in Nebraska involved opioids and that illegally made fentanyl was the top opioid involved.

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A 'TURNBACK TAX' DISTRIBUTION TO BENEFIT 27 NORTH OMAHA GROUPS, SMALL BUSINESSES

OMAHA- About $198,000 in grants to benefit the area were announced Thursday by a committee including Douglas County Commissioner Chris Rodgers, Omaha City Councilwoman Juanita Johnson, North Omaha State Sen. Terrell McKinney and community members Ernest White and Rodney Johnson. ​​​​

The funds are awarded under the Nebraska Convention Center Facility Financing Assistance Act, which dictates that much of state sales tax revenue collected by hotels and retailers within a certain distance of a convention center are to be “turned back” to political subdivisions to pay off debt for the facilities.

The act, as amended, provides that 10% of that turnback tax funding received by the City of Omaha is be used in high poverty areas for these reasons: to showcase historical aspects; to reduce street and gang violence; and to assist small-business growth.

South Omaha received a separate portion of turnback tax grants worth about $198,000 for the 2023-24 grant cycle.

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