SEN. HUGHES SEEKS NEBRASKA REGISTRY OF AUTHORIZED VAPE PRODUCTS, CRACKDOWN ON SALES

LINCOLN- Nebraska is poised to create its own registry of authorized vape products instead of relying on a federal list maintained by the U.S. Food and Drug Administration if Sen. Jana Hughe's LB1296 advances in the Legislature. Earlier this month, LB1296 was amended into LB1204, a General Affairs Committee package that is awaiting one final round of debate.

Hughes, arguing for her proposal, said there's a common perception in the United States that products sold in retail outlets are safe. However, the federal government, she argued, has dropped the ball when it comes to product regulation and safety. "If they get their stuff together...then we're done," said Hughes, "But they're not doing it."

Hughes said the bill was amended with the help of "reputable" vape shops in Nebraska, and would now require manufacturers to list the chemicals in the vape products, allowing for easier regulation and seizure if such actions are necessary. According to Hughes, her proposal is intended to create an even "wash" between fees assessed on the vape industry and oversight costs.

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SHOWDOWN LOOMS OVER ADDING NEW STEPS IN APPROVING RENEWABLE ENERGY PROJECTS

LINCOLN- Sen. Tom Brewer, a longtime opponent of wind energy, described his Legislative Bill 399 as a much-amended effort that would give neighbors to planned wind farms the opportunity to meet with developers. "LB399 gives the citizens who are forced to live next to these facilities one evening to ask questions of the private company who will become their neighbor," said Brewer."

However, environmental groups see something more ominous in Brewer's proposal: extra requirements on wind and solar energy projects that could frustrate the expansion of renewable energy in Nebraska. "It's the old hackneyed phrase: 'If it ain't broke, don't fix it,' There's no rationale that this is needed," said David Corbin, chair of the legislative committee of the Sierra Club of Nebraska.

LB399, which was prioritized by Sen. Bruce Bostelman, is expected to come up for debate this week before the full Legislature. Brewer said the bill has undergone multiple amendments that have allowed the state's public power districts to appear in a neutral capacity on the proposal.

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ADVOCATES FOR IMPROVED MENTAL HEALTH CARE PREDICT 'CONSEQUENCES' FROM $15 MILLION BUDGET CUT

LINCOLN- Advocates for improved mental health services in Nebraska predicted dire consequences from a $15 million cut in spending expected to be included in the state budget. “Now is not the time to cut the budget,” said Tim Heller, chairman of the State Mental Health Advisory Board. The event came during an annual lobby day organized by the Nebraska Association of Behavioral Health Organizations (NABHO) which represents the state’s regional organizations that provide mental health services for those who don’t qualify for Medicaid.

The gathering came after state lawmakers earlier this week rejected a proposed budget amendment from State Sen. John Fredrickson, a mental health provider, to retain $12 million in state aid for behavioral health, and devote $3 million to fill nursing vacancies at the Lincoln Regional Center. The state budget calls for transferring the entire $15 million out of the mental health care fund to the Regional Center.

While the nursing shortage needs to be addressed, representatives of NABHO said, it shouldn’t be at the expense of mental health services, which they say have been underfunded for years. The group is seeking a conversation with Gov. Pillen to discuss the funding issues. “Let’s find out why,” said Dubas, a former state senator.

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PROPERTY TAX RELIEF BILL ADVANCED TO LOWER SCHOOL TAX BY HALF OR MORE

LINCOLN- A property tax relief package advanced by a legislative committee is projected to lower local school taxes by a half or more by raising the state sales tax by up to 1 cent and eliminating a handful of sales tax exemptions. The Legislature’s Revenue Committee advanced LB388 on a 7-0 vote with one member absent. The full Legislature might debate the bill as early as Tuesday of next week.

The proposal falls short of Gov. Jim Pillen’s goal of finding an extra $1 billion in new revenue to defray property tax bills, instead delivering about $650 million. “I don’t think the governor will be done unless he gets 40% relief,” said State Sen. Lou Ann Linehan, who chairs the Revenue Committee. “But it won’t happen this year.” In a statement, Pillen thanked the committee for their work on property tax relief.

State sales taxes are now 5.5 cents. A raise to 6.5 cents would place Nebraska with the ninth highest state sales tax rate in the country, and match Kansas as highest in the region. “A sales tax increase means Nebraskans will be paying more for the goods and services that their families need, adding to the cost of cars, clothes and school supplies,” said Rebecca Firestone, OpenSky’s director.

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PROPOSAL ADVANCES TO MODERNIZE PARENTAL INVOLVEMENT IN NEBRASKA K-12 EDUCATION

LINCOLN- Lawmakers advanced a measure designed to increase parental involvement in K-12 learning and expand access to certain educational materials. LB71, from State Sen. Rita Sanders, would update a 30-year law about what rights parents, guardians and educational decision-makers have in K-12 schools. A public school district would need to adopt a new policy by July 1 and state how the district seeks to involve parents in their children’s education.

The policy would also need to include how districts would allow access to certain testing and curriculum information or request that their child be excused from specific instruction or activities. The district would need to prominently post the policy online by Aug. 1. Lawmakers gave LB 71 first-round approval 43-0. If passed, the bill would not take effect until three months after the Legislature adjourns.

Sanders said LB 71’s focus is parental rights, but it doesn’t tell schools what or how to teach, just that they need to be transparent and ensure that parents have proper access to materials. LB 71 would be a “reasonable, common sense update,” Sanders said, and address what former Commissioner of Education Matthew Blomstedt described as a “crisis of confidence” in system leadership.

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LEGISLATURE OUTLAWS PUBLIC RECORDS SPECIAL FEES, EXTENDS GRACE PERIOD BEFORE CHANGES

LINCOLN- Lawmakers passed a bill that would double the grace period allowed before fees are charged for Nebraska public records requests and would outlaw certain fees. LB43, introduced by State Sen. Rita Sanders, would allow the first eight hours of time spent “searching, identifying, physically redacting or copying” in response to records requests free of charge. The bill passed 39-0.

LB 43 passed one week after the Nebraska Supreme Court, in a case involving the Flatwater Free Press and Nebraska Department of Environment and Energy, said that based on state statute, a “special service charge” could be imposed on records requests. The bill removes the authority of non-attorneys to review records trying to find a legal reason to withhold them.

If signed by the governor, no special charges could be imposed for copies of blank forms or pages with “all meaningful information redacted.” If signed by the governor, Conrad’s records provisions and the First Freedom Act would take effect three months after the Legislature adjourns, which is expected in mid-April.

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THE SHORTCOMINGS OF NEBRASKA'S EPIC OPTION

LINCOLN- A recent analysis of the EPIC Option Consumption Tax Initiative has noted a number of key inaccuracies in the proposal. The analysis, released by the Tax Foundation, reported that a consumption tax rate of 21.6% percent would be required to totally replace other state taxes — much higher than the 7.5% stated by EPIC backers. The report noted that there are several better ways to achieve relief. 

The report further said that the EPIC Option does not prevent local governments from enacting consumption taxes, meaning the total rate could be much higher than advertised. The burden would likely result in substantial cross-border shopping, allowing Nebraskans close to a border with a lower sales tax state to avail themselves of the lower rates while leaving taxpayers in the interior of the state to bear the brunt of the newly established consumption tax. 

Due to the high consumption tax rate, the anticipated economic benefits of the proposed tax overhaul are unlikely to materialize. The Tax Foundation warns that the proposal only notes a tax exemption for groceries. This means Nebraskans will be forced to pay new taxes on

medicine, health care, legal advice, dental work, food and dozens of other everyday necessities. The fate of EPIC is currently unclear as it seeking to be placed on the 2024 ballot. 

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STATE BOARD OF ED REJECTS MEASURE DEFINING AND BANNING SEXUALLY EXPLICIT MATERIALS IN SCHOOL LIBRARIES

LINCOLN- The Nebraska State Board of Education rejected a push Friday to define and ban sexually explicit books and materials from school libraries. Board Member Kirk Penner, who introduced the proposal, previously told the Douglas County Republican Party that he expected the changes to the Board of Education's Rule 10 to fail.

In failing, however, Penner said he hoped such an outcome would lead to the election of more conservative State Board of Education Members. During discussion before the vote, Penner asked other members to explain the educational value of school libraries offering books and graphic novels that depict sex acts.

"Ultimately, the question is why do adults feel the need to present this type of content to minor children?" asked Penner, garnering applause from the audience. Board members who voted in opposition to the proposal said they agreed that pornography shouldn't be in schools, but disagreed over what steps should be taken to address these materials.

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FIVE NEBRASKA LEGISLATIVE CANDIDATES HAVE ALREADY RASIED MORE THAN $100K

LINCOLN- The price of mounting a credible bid for the Nebraska Legislature continues to rise, with 2023 fundraising tallies hinting at 2024 being another big year for six-figure races. In 2023, five candidates for the $12,000-per-year job had already raised over $100,000, a number that is in line with accelerating trends in fundraising seen in recent years.

Sen. Eliot Bostar, a Democrat, leads the pack, raising $205,000 in 2023 and bringing his campaign cash on hand to $255,000. Sen. Carolyn Bosn, who was appointed by Gov. Pillen, leads the newcomers to the Nebraska Legislature with $140,000. Incumbents expected to face tough elections, like Sens. Jen Day and Ray Aguilar, both raised $113,000 and $110,000 respectively.

The final member of the six-figure fundraising club is Sen. Kathleen Kauth, who raised $101,000 in 2023. Kauth estimated that her race, when all is said and done, will likely cost between $180,000 and $220,000. "That is an astonishing number," she said. Her top Democratic opponent, Mary Ann Folchert, has raised $51,000.

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WATCHDOG RAISES CONCERNS ABOUT 'SCREENING TESTS' USED IN STATE PRISON TO DISCIPLINE INMATES

LINCOLN- A 25-page report released last week by the Inspector General for Corrections is raising concerns about the use of 'field' drug tests to punish inmates, including extending their time behind bars, without confirming such tests with an accredited lab. The lack of adequate testing and confirmation, according to the IG report, raises questions about "fairness."

In the report, the Inspector General recommended that prison staff be educated about the limitations of field drug tests and that a process for providing confirmation lab tests be established, as is currently required by law for urine drug tests. The penalties for a drug offense in prison range from loss of "good time" reductions in sentences and removal from work release, and can even require that inmates be transferred to a higher security prison.

The Nebraska Department of Corrections, in an official response, said it would take the IG's recommendations "under consideration." However, in an email, State Corrections Director Rob Jeffreys said that blocking the flow of synthetic marijuana and other drugs presents a huge challenge. "We need to be proactive, vigilant, and steadfast in our drug interdiction strategies," said Jeffreys.

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NEBRASKA FATAL FETAL ANOMALY EXCEPTION FOR ABORTIONS STALLS IN LEGISLATURE

LINCOLN- Last week, the Nebraska Legislature's Judiciary Committee voted 3-2 to advance Sen. Riepe's LB1109, which would add an exception for fatal fetal anomalies to the state's 12-week abortion ban, out of committee, but five votes were needed to progress the bill from committee.

Riepe said he was disappointed by the outcome, but not surprised. "It is what it is," said Riepe of the vote. Despite naming LB1109 as his priority bill this year, Riepe said he expected heavy resistance. Indeed, the bill's public hearing drew overwhelming opposition, with just three individuals testifying in support.

LB1109 would allow a woman in the state to receive an abortion beyond 12 weeks of pregnancy if at least two physicians determined that the fetus had a condition that would result in death outside the womb. It would also clarify that medical professionals who perform abortions could not be charged with criminal penalties.

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AS SEARCH FOR NEXT NU PRESIDENT CONTINUES, EXPERTS SAY HIGHER ED LEADERSHIP IS CHANGING

LINCOLN- The University of Nebraska Board of Regents has met in closed sessions four times since January as they search for the next president of the NU System. While the board has yet to indicate where they are in the process, many believe they are closing in on the selection of a priority candidate.

"It's proceedings very well," said Regent Tim Clare in early February. Later this month, NU will cross the seven-month threshold from the time former President Ted Carter left to become president of Ohio State University. Clare said that while he intended the search to proceed expeditiously, the regents would take as long as they need to find the right person for the job.

"College presidencies are very complicated, complex jobs," said Hironao Okahana, assistant vice president of research at the American Council of Education. Okahana, citing several of the issues the next NU president will need to overcome, like a $58 million budget shortfall, said college administrators are being asked to think more holistically about educational institutions than they ever have before.

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FISCHER, FLOOD SECURE $25M MORE FOR NU INNOVATION CAMPUS AG RESEARCH CENTER

LINCOLN- Funding for a U.S. Department of Agriculture research facility, which is set to be built on the Nebraska Innovation Campus, was included in a federal spending bill approved by Congress and signed by President Biden last week. The appropriations package included $25 million for the National Center for Resilient and Regenerative Precision Agriculture, which is set to break ground this spring.

"This is a remarkable investment that will further Nebraska's status as a world leader in agriculture," said University of Nebraska Interim President Chris Kabourek. Sen. Deb Fischer, a member of the Senate Appropriations Committee, sponsored the funding bill in the Senate, while Rep. Mike Flood guided it through the House of Representatives.

"The investments we make today will ensure Nebraska is well positioned to seize the opportunities ahead," said Fischer in a statement. This additional funding was among $48.1 million in Community Projected Funding requested by Rep. Mike Flood. "All but one of our original funding requests received funding, which is an incredible result," said Flood.

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NEBRASKA UNVEILS FIRST CLIMATE ACTION PLAN, AIMING TO REDUCE EMISSIONS BY OVER 30%

LINCOLN- Earlier this month, the Nebraska Department of Environment and Energy submitted the state's first Climate Action Plan to federal regulators, outlining voluntary and incentive-based programs aimed at reducing greenhouse gas emissions and other harmful air pollutants.

The 84-page plan, which the state submitted to the EPA, highlights the first steps Nebraska will take in its efforts to reduce emissions in six economic sectors across the state. Officials will eventually work to develop a Comprehensive Climate Action Plan targeting more long-term reductions in emissions.

The Department of Environment and Energy, which was given a grant of $3 million to develop the priority and comprehensive plans, proposed more than a dozen measures aimed at reducing greenhouse gases in agriculture, energy production, transportation, industry, commercial and residential buildings, and waste and water.

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SPECIAL EDUCATION, READING, COMPUTER SCIENCE AND OTHER BILLS ADVANCE FROM EDUCATION COMMITTEE

LINCOLN- Sen. Lynne Walz, a member of the Legislature's Education Committee, hailed the advancement of LB1284 from the committee, a package of nine bills geared toward training teachers in reading instruction, computer science and technology, dyslexia research, and special education.

"We, as the Education Committee, just put together a package of bills that will really provide good solutions for kiddos, for families, for people who may be going into the teacher profession," Walz said. The State Board of Education is in favor of nearly every bill in the package, having appeared in a neutral capacity on just LB985.

A tenth bill, Sen. Danielle Conrad's LB1050, is being considered for the package. LB1050 would require schools to provide access to menstrual products in school bathrooms, an endeavor that advocates say would reduce "Period Poverty" in the state. The committee voted 4-1 to advance the bill, falling just one vote short of placing it on the floor of the Legislature for broader debate.

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JIM MACY, STATE ENVIRONMENTAL CHIEF FOR NINE YEARS, TO RETIRE NEXT MONTH

LINCOLN- Effective April 19th, Jim Macy, the nine-year director of the Nebraska Department of Environment and Energy, will retire from his post. Macy worked 28 years with the Missouri Department of Natural Resources before being hired by then-Gov. Pete Ricketts for the top job at the Nebraska Department of Environmental Quality, which later merged with the state's energy department.

In a press release, Gov. Pillen thanked Macy for his years of public service and wished him well. Macy's tenure at the department was marked by criticism over the department's handling of an ethanol plant near Mead that had failed to comply with agency orders and state regulations with its use of pesticide-coated seed corn.

Last year, during debate over Macy's reconfirmation to the department in the Nebraska Legislature, Sen. Carol Blood criticized the director for not acting more quickly to shut down the ethanol plant. Pillen announced that Thad Fineran will serve as interim director of NDEE starting April 1st. Fineran is the current chief of staff to Maj. Gen. Craig Strong, the adjutant general of the Nebraska National Guard.

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NEBRASKA RANKED FIFTH IN THE NATION FOR LOW UNEMPLOYMENT RATE

LINCOLN- On Monday, the federal Labor Bureau released data indicating that Nebraska was ranked fifth in the nation for low unemployment, with the state sitting just behind North Dakota, South Dakota, Maryland, and Vermont. Nebraska's current unemployment rate sits at 2.5%, while the national average is 3.7%.

Nebraska Labor Commissioner John Albin said the state's labor force grew by about 5,111 last year, with the state's current workforce resting at 1.05 million people. "The number of employed workers increased by 1,019 over the year," Albin said. However, despite being quite low nationally, Nebraska's 2.5% unemployment rate was up from last year's 2.1% rate in January of 2023.

Additionally, the state's number of filled nonfarm jobs was 1.038 million in January 2024, down about 23,840 over the month before. This year, the Labor Bureau's date was delayed due to an annual benchmarking revision process, which will also push back February's employment data.

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LAWMAKERS FAIL TO OVERRIDE PILLEN VETO AS CONSERVATIVES FLIP VOTES, SIDE WITH GOVERNOR

LINCOLN- On Tuesday, the Nebraska Legislature failed to approve a veto override that would have allowed pharmacies and other entities in the state to distribute hypodermic needles to drug users to stave off the spread of communicable diseases. In a dramatic vote, the body voted 27-20, falling short three votes to override the veto. 

Seven lawmakers who had supported the original proposal, LB307 introduced by Sen. Megan Hunt, ultimately reversed their votes on Tuesday. Sens. Christy Armendariz, Carolyn Bosn, Tom Brewer, Rick Holdcroft, Jana Hughes, Fred Meyer, and Mike Moser all flipped their votes after supporting the bill just two weeks ago. 

Sen. Hunt argued that Pillen's veto came not because of the content of the proposal, but because of the governor's personal distaste for the Omaha lawmaker. "What happens on the board today is not because of policy," said Hunt. Several conservative lawmakers, including Speaker John Arch and Sens. Tom Brewer and Mike Jacobson, supported the override motion and the underlying bill.

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GOV. PILLEN APPROVES NEBRASKA GENDER CARE REGULATIONS

LINCOLN- Gov. Jim Pillen approved the final rules and regulations for Nebraska’s gender care law, ending the administrative process as a legal challenge continues to play out. Pillen, in a news release, announced the approval of Nebraska DHHS regulations for puberty blockers and cross-sex hormones. The restrictions apply to Nebraska minors under 19 years old and will take effect in a week.

Pillen said the state must protect children from “potentially irreversible and regrettable decisions — decisions for which they may not completely understand the consequences” — and thanked lawmakers for passing Legislative Bill 574 last year to enact the requirements. Multiple doctors have disagreed with the regulations calling them unclear.

Under the final regulations, youths must receive at least 40 hours of “gender-identity-focused contact hours of therapy” before the prescription of puberty blockers or cross-sex hormones. The ACLU are challenging LB 574 in court, arguing that the bill, after lawmakers attached a 12-week abortion ban, violated the Nebraska Constitution’s “single subject” provision.

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ADVOCATES FOR DEVELOPMENTALLY DISABLED RALLY FOR MORE THAN 'GOOD ENOUGH FOR YOU' FUNDING

LINCOLN- Advocates for the developmentally disabled filled the Capitol Rotunda this week to rally for adequate funding for service providers. Multiple service providers said their agencies have been forced to close locations and stop offering services due to inadequate state reimbursement for services. The rally came as floor debate began in the Nebraska Legislature on the state budget.

The budget calls for a $27.5 million increase in funding for services for the developmentally disabled, of which $10 million comes from state funds and the rest from federal funds. Advocates, during the noisy rally, called for an increase in that funding to $52 million, with $25 million in state funds attracting $27 million in matching federal funds. Proponents said the increase would address the state's DD waitlist.

State Sens. Ben Hansen of Blair, Tony Vargas of Omaha, Myron Dorn of Adams and Danielle Conrad of Lincoln attended the rally. Advocates are backing a bill introduced by Lincoln Sen. George Dungan that would provide $52 million in funding for DD services, about double what is in the proposed budget currently.

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