ONCE THOUGHT DEAD, CLEMENTS EFFORT TO PHASE OUT INHERITANCE TAX GETS NEW LIFE

LINCOLN- On Tuesday, Sen. Rob Clements' LB1067, which seeks to eliminate the state inheritance tax and establish a source of replacement revenue, was amended into Sen. McDonnell's LB1363. The amendment would replace lost inheritance tax revenue by sending roughly $11 million per year to counties from the documentary stamp tax charged on sellers of homes and property.

Only six states currently impose an inheritance tax, which Sen. Clements argued unfairly penalizes those who inherit farms and forces some retirees to move away to avoid the tax on their assets. Clements' original LB1067 faced fierce opposition from the Nebraska Association of County Officials.

NACO maintained that the state's counties would have to raise property taxes to replace the $65 million or more that they get yearly from the inheritance tax. According to Clements, the new stamp tax increase would more than offset the annual revenue the counties expected to lose if his original proposal had passed.

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SLIMMED-DOWN PROPERTY TAX RELIEF BILL MOVES FORWARD AS SPECIAL SESSION PROSPECTS RISE

LINCOLN- Late Tuesday night, a new 63-page amendment was filed on Gov. Pillen's property tax reduction plan that ditches his idea of raising state sales tax by 1 cent. The slimmed-down proposal, which is intended to help the bill pass this session, opens the door for a special session this summer to more fully accomplish the ambitious goal of reducing property taxes by 40%. 

The amendment, made to LB388, would hike taxes on cigarettes to $1, impose a 100% tax on edible hemp products, impose a 20% tax on vaping products and skill games, and eliminate sales tax exemptions on products including pop, candy, and veterinary services for pets. The bill would also impose a 3% cap on revenue growth by local government. 

Pillen's initial proposal to raise the state sales tax was pilloried by conservative and progressive groups alike. Conservatives in particular condemned it as a "tax shift" that didn't actually result in a meaningful tax decrease, while progressive groups argued it would negatively impact low-income Nebraskans. On Wednesday night, the amendment was adopted.

During debate Wednesday, the proposal was slimmed down even further, and is now expected to reduce property taxes by 22% rather than Gov. Pillen's desired 40%. However, because of this reduction, lawmakers believe a special session to tackle property taxes is almost assured. 

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LAWMAKERS SEEK TO HOLD PUBLIC SCHOOLS, STATE EMPLOYEES LIABLE FOR CHILD SEXUAL ASSAULT AND ABUSE

LINCOLN- LB25, introduced by Sen. Wayne, was the subject of multiple days of debate and negotiations in the Nebraska Legislature. An amended version of the bill, which is currently inching forward in the Legislature, would allow lawsuits to be filed against political subdivisions or their employees if they fail to protect children form abuse or sexual assault.

The harm done to any child must be a "proximate result" of the political subdivision's failure or an employee's failure to exercise "reasonable care" over a child in their custody. "Nothing is going to make these individuals completely whole," said Wayne," We're just trying to provide the best remedy we can under the law."

Sen. Carolyn Bosn, a former prosecutor, led the opposition to the measure on Tuesday night, arguing that if school officials have knowledge of wrongdoing and fail to investigate it, they can already be held accountable. Sens. Dungan and Wayne, both attorneys, disagreed with Bosn, arguing that the current law surrounding this issue is inadequate.

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LAWMAKERS PASS WALZ BILL ON COMPUTER SCIENCE, SPECIAL EDUCATION, READING

LINCOLN- On Thursday, a package of education-related bills housed in Sen. Lynne Walz's LB1284 was passed in the Legislature. The proposals contained within it include one to recruit special education teachers, and another to provide training programs in reading and computer science. The final proposal advanced on Tuesday also significantly reduced the fiscal impact of the original proposal.

"This bill is so important to make sure that we are meeting the ever-changing needs of our students, teachers, and parents," said Walz during debate. The original proposal, which included nine other bills, was expected to cost $1.25 million this year and roughly $28 million the next. 

However, because lawmakers are running out of funds, lawmakers adopted two amendments reducing the General Fund impact of LB1284. The new impact is just under $150,000 this year and $80,000 the next. Other programs in the bill would be funded through the Education Future Fund created last year.

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MORE THAN 100 BILLS SENT TO GOV. PILLEN FOR APPROVAL IN LEGISLATIVE VOTING SPREE

LINCOLN- After a marathon voting spree Thursday on the second-to-last day of the 2024 session, Nebraska lawmakers sent more than 100 bills to the governor for his signature. State senators approved 103 proposals, striking down only one at the introducer’s request. Lawmakers will return for one final legislative day next Thursday, April 18, and will have eight bills to consider.

The final day is largely ceremonial but could include veto overrides if the governor rejects any bills. It will mark the end of an extremely busy 60-day session. Bills being sent to Gov. Pillen fall within a number of categories. They include voter rights, foreign adversary, child care, criminal justice, North Omaha development, and a plethora of miscellaneous bills.

One bill, LB20, would allow people convicted of a felony to have their voting rights restored immediately after completing their sentence, including parole or probation. Another bill of note, LB874, would modify and simplify various childcare licensing regulations. Finally, LB870 would require law enforcement to notify sexual assault survivors at least six weeks before the destruction or disposal of their sexual assault kits.

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TRIBUTES PAID TO 15 DEPARTING STATE SENATORS AS SESSION NEARS END, 13 LEAVING DUE TO TERM LIMITS

LINCOLN- An often funny and sometimes teary tradition in the Nebraska Legislature is paying tribute, in floor speeches, to departing state senators near the end of the two-year session. Lawmakers gave short testimonials to their 15 colleagues who are serving their final regular session in the one-house Unicameral. Thirteen are departing due to term limits, two chose not to seek re-election.

Of the departing, 10 are registered Republicans, and five are Democrats in the officially, non-partisan Legislature, where 33 of its current 49 members belong to the GOP. The 2024 elections will determine if Republicans retain a filibuster-proof majority. Members of this group navigated the state through COVID-19, as well as the contentious 2023 session.

Those who are term-limited include Senators Joni Albrecht, Carol Blood, Bruce Bostelman, Tom Brewer, Steve Erdman, Steve Halloran, Lou Ann Linehan, John Lowe, Mike McDonnell, Tony Vargas, Lynne Walz, Justin Wayne, and Anna Wishart. Those opting out of running for reelection include newly appointed Senator Fred Meyer and Senator Julie Slama.

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LAWMAKERS SEEK TO PREVENT PACIFIC CONFLICT, BUILD BRIDGES WITH NEBRASKA ASIAN AMERICANS

LINCOLN- Though thousands of miles away, a Nebraska lawmaker hopes a prospective state law sent to Gov. Jim Pillen on Thursday could help prevent conflict in the Pacific region. Sen. Eliot Bostar heralded his LB1300, which includes the Pacific Conflict Stress Test Act, as a way to prepare for and mitigate some threats that a Pacific conflict may pose. But a greater goal is to prevent a conflict from even occurring.

The governor requested that Bostar introduce the Pacific conflict portions this year. Through LB1300, lawmakers are also seeking to build bridges with nations in the Pacific as well as people of Asian, Native Hawaiian and Pacific Islander descent living in Nebraska. The legislation would create an advocacy Commission on Asian American Affairs as proposed by Sen. Rita Sanders.

LB1300 received final approval 46-0 on Thursday and will go to Pillen for his approval. Should Pillen sign the bill, Bostar’s Pacific conflict provisions would take effect the next day. Other laws were attached to LB1300, and those would take effect three months after the Legislature adjourns this year, which is scheduled for next week.

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LAWMAKERS PASS BILL TO LET SOME SCHOOLS AUTHORIZE STAFF TO CARRY GUNS

LINCOLN- Nebraska's smallest school districts could authorize security staff to carry guns in schools and at school activities under one of the bills passed this week. The provision allowing firearms in certain schools was part of LB1329, a package of education measures that passed 40-0. The bill also includes measures that would allow schools to use construction dollars for safety infrastructure and would ease requirements for teacher training.

The initial version of the firearms provision, introduced State Sen. Tom Brewer of Gordon, would have applied to all school districts in the state. The measure generated stiff opposition, particularly from the state’s most populous areas. To reduce the opposition, Brewer worked with Sen. Machaela Cavanaugh of Omaha on a compromise that limited the bill’s application to districts with fewer than 5,000 residents.

The compromise measure will apply to 192 of the state’s 244 public school districts but only affect about 68,000 of the state’s 328,000 K-12 students, he said. It would be up to each district to decide whether to make use of the new flexibility. Brewer has said larger schools generally have school resource officers, who can carry firearms.

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LAWMAKERS ADVANCE SCHOOL AID CHANGES, BUT LB1331 WILL NOT HAPPEN UNLESS FUNDS FOUND

LINCOLN- On Wednesday, lawmakers advanced the second part of Gov. Pillen's property tax reduction plan, but the massive increase in state aid such a change requires won't happen unless funding can be found for a $1 billion shift. LB1331, as currently written, would increase per-pupil "foundation aid" from $1,500 to $3,000, an increase funded by a variety of tax credits, increases to sales tax, and the elimination of some tax exemptions.

The goal is to significantly increase state funding for K-12 education. In doing so, and because of caps on school districts' revenues, property taxes would be forced down by an estimated 27.5%. However, LB388, the bill funding LB1331, took a hit on Tuesday when Sen. Linehan, the sponsor, agreed to pull out a major funding mechanism--a 1-cent increase in the state sales tax.

Should the increase fail to be included in LB388, LB1331 is dead in the water. However, Sen. Linehan confirmed that she was actively searching for sources of revenue to replace the sales tax increase. Sen. Bostar also said that "everything's on the table." Four days remain in the legislative session.

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MCKINNEY PACKAGE ADVANCES TO REFORM NEBRASKA PAROLE BOARD

LINCOLN- On Wednesday, the Nebraska Legislature advanced several changes to the state's parole system that Sen. Terrell McKinney, the bill's introducer, said could take the state from imposing punishments to improving lives. Among many changes in the bill, LB631, is the moving of the five-member Board of Parole into the Nebraska Department of Correctional Services, which would provide for more oversight.

"The biggest thing, to me, is just making sure the people inside have better outcomes," said McKinney of his proposal. Currently the state's parole board acts largely independently under the Corrections Department's Division of Parole Supervision. If LB631 passes, the director of the department would have full oversight.

Board members consider whether to grant parole during around 1,000 hearings per year, and can be removed for "neglect of duty" should they fail to attend these. LB631 would expand that definition, stating that a board member who misses 12 full days of hearings can be in "neglect of duty." "The Legislature isn't going to sit idle anymore," said McKinney.

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SEN. MCDONNELL SWITCHES TO GOP, BUT WON'T SUPPORT WINNER-TAKES-ALL PROPOSAL

LINCOLN- On Wednesday, Sen. Mike McDonnell, a 40-year Democrat, formally announced that he no longer feels accepted in the Nebraska Democratic Party. McDonnell said that he had asked his Democratic colleagues to respect his "religious-based, pro-life position," but that they sought instead to punish his legislative actions.

McDonnell has been publically considering running for Omaha mayor, and said Wednesday that, despite the party change, he still might run regardless of Mayor Jean Stothert's, the Republican incumbent, announcement that she would seek a fourth term. In a statement, Stothert welcomed McDonnell to the Republican Party.

"As a lifelong Republican, I have appreciated that the Republican Party continues to be a big tent that welcomes a wide array of views," she said. McDonnell's switch gives Republicans in the Nebraska Legislature a powerful 33 votes. However, when asked whether he supports the latest Republican push to make Nebraska a winner-take-all electoral state, McDonnell said "no."

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COMMITTEE REPRIMANDS HALLORAN FOR WORKPLACE HARASSMENT VIOLATIONS

LINCOLN- On Wednesday, the nine-member Executive Board of the Nebraska Legislature, which acts as the main human resources arm of the institution, voted unanimously to release the results of a formal investigation into the action of Sen. Steve Halloran, who on March 18th inserted the name of several senators into a reading of a graphic rape scene.

The Board also voted 8-1 to formally reprimand Halloran in an internal letter rather than advance Sen. Machaela Cavanaugh's LR355, which called for the Legislature to formally censure Halloran. The eight proponent lawmakers, including Speaker John Arch, said they "formally deplore" Halloran's "unacceptable conduct."

Sen. John Lowe, vice chair of the Executive Board, was the lone 'no' vote. Last week, Lowe, alongside eight other senators, called for LR355 to be dismissed or ignored. Halloran, who is term-limited, said he felt he was being "raked over the coals" on the legislative floor, and argued that a formal censure would "chill" his free speech.

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SLAMA EFFORT TO REVIVE WINNER-TAKE-ALL LIKELY LOST FOR 2024 PRESIDENTIAL RACE

LINCOLN- On Wednesday, a failed attempt to force a floor vote on making Nebraska award all five of its Electoral College votes to the presidential winner of the statewide popular vote signaled dimming prospects this year for the change, which was called for by Gov. Jim Pillen and former Pres. Donald Trump.

Sen. Julie Slama forced discussion on the topic after trying to amend winner-take-all into LB1300, an unrelated bill from Sen. Eliot Bostar. Slama contended that her Republican colleagues did not truly want to vote on the issue of winner-take-all, and instead only sought to energize voters and donors with the issue.

Bostar challenged the germaneness of the amendment, arguing that the bipartisan nature of LB1300, a package of Republican and Democratic bills, would be destroyed if it were to pass. A handful of senators also opposed the change, referencing Trump's tweet calling for the change. "This is about a tweet," said Sen. Machaela Cavanaugh, "We are allowing ourselves to be governed by a tweet."

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GOV. PILLEN SIGNS 'FISCALLY SOUND' BUDGET PACKAGE WITHOUT SINGLE VETO

LINCOLN- On Tuesday, Gov. Jim Pillen announced that he had signed both bills in the state budget adjustment package while praising the Legislature's Appropriations Committee. He credited the committee with sending him a "fiscally sound" budget that funds the school aid formula and makes several changes to the current budget.

"This budget reflects the conservative values of Nebraskans," Pillen said of the proposals. Combined, both budget bills provide for an average increase in state spending of 2.7% over the two-year budget period, up from the 2.3% approved last year. The bills also include the transfer of around $230 million from various cash funds to support Pillen's property tax reduction plan.

However, the fate of Pillen's property tax proposal remains unclear. The biggest spending increase in the budget package resulted from a higher-than-expected calculation of state aid to schools for next year. School aid had been projected to drop $28 million for the 2024-25 school year, but actually increased by $65 million once actual spending figures were considered.

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PILLEN CALLS FOR LEGISLATURE TO REINSTATE 'WINNER-TAKE-ALL' ELECTORAL SYSTEM, TRUMP ASSENTS

LINCOLN- On Tuesday, Gov. Jim Pillen called for the state Legislature to pass a measure introduced this year to switch Nebraska to a 'winner-takes-all' electoral system, a change that would bring the state in line with much of the country. Only Maine and Nebraska assign Electoral College votes by district, with two most often going to Republicans and one going to a Democrat.

"It would bring Nebraska into line with 48 of our fellow states, better reflect the founders' intent, and ensure our state speaks with one unified voice in presidential elections," Pillen argued, "I call upon fellow Republicans in the Legislature to pass this bill to my desk so I can sign it into law." The Nebraska Freedom Coalition, a conservative group, lauded Pillen's announcement, adding that the group believes the proposal will appear in the Legislature "very soon."

Shortly after Pillen's call for the change, former Pres. Donald Trump also lauded Pillen for his support of a 'winner-take-all' system. "Governor Jim Pillen of Nebraska, a very smart and popular Governor, who has done some really great things, came out today with a very strong letter in support of returning Nebraska's Electoral Votes to a Winner-Tale-All System," wrote Trump on Truth Social, "Thank you Governor for you bold leadership."

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PILLEN TAX PLAN LIMPS FORWARD AFTER SPONSOR AGREES TO REMOVE SALES TAX INCREASE

LINCOLN- On Tuesday, Gov. Pillen's property tax reduction plan limped forward in the Legislature after Sen. Lou Ann Linehan, its sponsor, agreed to strip out a proposed 1-cent increase in state sales tax. The bill advanced from its first round of debate on a 28-12 vote. Sen. Linehan acknowledged that the proposal would not pass if she had decided to keep the sales tax increase in the proposal.

The proposed increase was met with fiery opposition from conservative groups, business organizations, and several Democrats in the Legislature. LB388 is designed to shift $650 million off local property taxes and onto new and increased sales taces, resulting in a 30% reduction in property taxes.

Gov. Pillen's policy research director, Kenny Zoeller, said that his boss has a goal of providing more than $600 million in property tax relief, but that it's up to the Legislature to get there. "However we get there, he's open to," said Zoeller of Pillen's preference. Pillen later told the press that is "open to any avenues of funding this historic property tax cut."

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NEBRASKA CASINO EXEC: ONLINE SPORTS GAMBLING WON'T BE ON NOVEMBER BALLOT

LINCOLN- Nebraska voters won't have the chance to legalize online sports gambling this year after a coalition of the nation's biggest sportsbooks opted not to back a ballot initiative campaign aimed at changing the state's constitution to allow online and mobile sports betting. The petition drive was expected to cost $5-7 million.

FanDuel, DraftKings, BetMGM and Caesars had partnered with Ho-Chunk Inc., the economic development arm of the Winnebago Tribe of Nebraska, to commission a public opinion poll in February gauging Nebraskans' appetite for legalized online sports gambling as the coalition considered launching a petition drive to put a constitutional amendment on November's ballot.

February's poll showed that 57% of respondents signaled support for the constitutional amendment, said Lance Morgan, the CEO of Ho-Chunk, the parent company of WarHorse Gaming. "If you're at 57 (percent support), it creates some possibility that you could lose unless you really were to put substantial resources into it," Morgan said. Morgan noted that they were "late to the party" this election cycle.

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NEBRASKA WOULD FUND PRIVATE K-12 SCHOLARSHIPS, REGARDLESS OF BALLOT MEASURE, UNDER NEW PROPOSAL

LINCOLN- Sen. Lou Ann Linehan says she knows that the state tax credit for funding students attending private K-12 schools risks being rejected by voters in November. That's why she and other supporters of the school choice law drafted several bills this year to preserve the heart of the program regardless of the election outcome.

Each proposal would offset the cost of a private K-12 education with state tax dollars. Recently, Linehan settled on LB1402 as this session’s vehicle for the changes. She originally designed the bill to shift the scholarship program created by the Opportunity Scholarships Act to the State Treasurer’s Office and away from nonprofit scholarship-granting groups.

Public school advocates call Linehan’s push an effort to stifle voters’ voices. The advocates contend Nebraskans don’t want public funds spent on private schools, whether through a tax credit or directly. They say the latest amendment would start a voucher program that could cut into state funding for public schools or other priorities even faster than the Opportunity Scholarships Act.

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PARAPROFESSIONALS TO GET FREE TUITION TO BECOME TEACHERS IN NEW PROGRAM

LINCOLN- Paraprofessionals in three Nebraska districts are getting the chance to become classroom teachers through the Nebraska Teacher Apprenticeship Program, which lawmakers created last year after the passage of LB705. The program, which lawmakers funded with a $1 million allocation, is meant to address Nebraska's pressing teacher shortages.

At the start of the 2023-24 school year, the state had at least 908 teacher positions left either vacant or filled by an unqualified employee, a stark increase from the 769 reported the year prior. The Nebraska Department of Education, which received the allocation, is set to pilot the program in three districts that already have para-to-teacher programs. "We didn't want to start directly from scratch," said David Jespersen, department spokesman.

Selected paraprofessionals will be able to enroll in undergraduate teacher education programs for free. While such programs have existed in the past, one key difference under the apprenticeship program is the ability for paraprofessionals to receive college credit while already working in the classroom with a supervising teacher.

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ADVOCATES FOR THE DEVELOPMENTALLY DISABLED REACT CAUTIOUSLY TO ANNOUNCED END OF 'WAIT LIST'

LINCOLN- Last week, Gov. Pillen announced that the state was eliminating the Developmental Disabilities Registry to "better support Nebraskans with intellectual and developmental disabilities." Advocates for the developmentally disabled reacted cautiously to the elimination of the Registry, which they saw as a long-running 'wait list' for state services.

During a press conference in Omaha, Pillen called the change "a breakthrough way to reimagine how services are offered" while saving taxpayer dollars. "This is the first time in Nebraska history the DD Registry will be eliminated," he said, "which is a huge step forward to ensure all Nebraskans have the opportunity to live the Good Life."

Edison McDonald, executive director of the Arc of Nebraska, said he was skeptical about the change. "This could just be some paper shuffling. There potentially is something good in here, but it will take some work with stakeholders to figure that out," he said. However, McDonald said everyone wants to see the wait list eliminated, but questioned what kind of services will be offered in the future.

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