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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NU COMMUNITY REFLECTS ON EFFORTS TO REINVENT, IMPROVE THE UNIVERSITY'S FUTURE

LINCOLN- Across the county, higher education institutions are facing the headwinds of declining enrollment, budget cuts, and questions over the value of postsecondary education. In Nebraska, those conversations will carry over into 2024. As the University of Nebraska System eases into the 2024 spring semester, it still faces a $58 million budget shortfall over the next two years.

However, some have hope that the university can prevail despite these challenges. "We want to be world class for Nebraskans," said Chris Kabourek, NU's chief financial officer who will take on the role of interim NU president beginning Monday following the departure of the current university head Ted Carter.

Kabourek said his goals include keeping the NU's "railroad" running, addressing affordability and access despite the budget cuts, and executing as much of Carter's previous "Five-Point Plan" as possible. "We're a good university, but we have all the potential to be a great university and to help formulate a strategy to get us from good to great," said Kabourek, "That's what really kind of gets me up every morning and gets me going."

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MARKET ANALYSIS REVEALS PRIME LOCATIONS FOR CASINO EXPANSION IN NEBRASKA

OMAHA- Currently, there are only six licenses issued for commercial casinos in Nebraska, and they’re all required to have a horse racing component. The Nebraska Racing and Gaming Commission was presented with a market analysis examining where additional licenses would best fit in the future.

The research — conducted by a consulting firm called the Innovation Group — looks into the industry as a whole in Nebraska and surrounding states. It examines the gaming and the horse racing, and how expansion could add revenue to the state’s bottom line, while possibly cannibalizing other nearby casinos. The analysis examined eight different scenarios of expansion.

One of the scenarios would expand to seven different Nebraska cities: Bellevue, Norfolk, York, North Platte, Gering, Kimball, and Ogallala. Expanding to those areas comes with the highest gain for the state, but it impacts the current six license holders the most. Bellevue would be the first to receive a license despite its proximity to other casinos. Adding a casino in Bellevue is expected to generate the most revenue for the state at an estimated $61 million. Along with Bellevue, the analysis suggests Kimball and Gering would be best suited for the license.

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NEBRASKA STRUGGLING OVER HOW TO USE NEARLY $180 MILLION IN OPIOID SETTLEMENT MONEY

LINCOLN- Opioids are taking a growing toll on Nebraskans while the state struggles to determine how best to utilize millions in settlement payments from purveyors of highly addictive drugs, which began in March 2021. However, the money, which has been earmarked for treatment and prevention efforts, might not be used for that purpose until well into 2024.

Sara Howard, a former state lawmaker who now serves on Nebraska's Opioid Remediation Advisory Committee, called the funding delay "heartbreaking." "The fact that we're going to see another long delay before these dollars can start to get out and be used for their highest purpose, to me, that's really tragic," said Howard during the committee's December meeting.

Nebraska is part of several multistate settlements with 10 opioid manufacturers, distributors, and pharmacies, and is set to receive nearly $180 million over the next 18 years. However, many of the proposed uses of the funding issued by the Remediation Committee had to be redone after they had violated the Open Meetings Act.

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HOUSE SPEAKER MIKE JOHNSON VISITS OMAHA, ENDORSES REP. DON BACON

OMAHA- Newly elected Speaker of the U.S. House of Representatives Mike Johnson headlined a breakfast fundraiser on Tuesday in Omaha for U.S. Rep. Don Bacon, a candidate expected to face an exceedingly competitive re-election race in 2024. In a statement issued by Bacon's campaign, Johnson endorsed Bacon and described him as a "common-sense conservative" and "majority maker."

At the event, Bacon thanked Johnson for attending and promised he would work to help Republicans hold a 221-213 majority in the House of Representatives. "Nebraskans are ready to do our part to again hold this seat," he said, "and I am thankful to have the Speaker's support in that effort."

During October's tumultuous House Speaker votes, Bacon supported Johnson and applauded his vision for the United States, but disagreed with Johnson's stances on who won the 2020 presidential election and gay marriage. State Sen. Tony Vargas, Bacon's likely opponent in 2024, released a statement criticizing Bacon, for supporting "the most radical Speaker in U.S. history." "It should be concerning to all Nebraskans that Bacon would embrace the support of someone who attacks women and the LGBT community and is an election denier and Trump defender," wrote Vargas.

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PAIR OF NEBRASKA LAWMAKERS VISIT OMAHA COUNCIL TO URGE CREATION OF INLAND PORT AUTHORITY

OMAHA- Just a week after they expressed interest in its creation, State Sens. Justin Wayne and Terrell McKinney went before the Omaha City Council on Thursday to urge the city to establish a nine-member inland port authority near Eppley Airfield, arguing that it could bring in as much as $500 million in investments. "We just need some more laser focus in this area," said Wayne.

Supported by Omaha Mayor Jean Stothert, the authority, if approved by the Council, would become the fourth such entity in Nebraska, a state where only five inland port authorities are allowed by law. While the Council won't vote on the matter until next year, several members spoke favorably about the proposal. Councilwoman Juanita Johnson, while supportive, said that she and her constituents would need to be more involved in the authority's establishment and discussions surrounding the topic.

In response to a question from Councilman Danny Begley, Wayne told the Council that he expects the district could get at least $10 million from the state to launch, and that Sen. McKinney plans to pursue legislation this session that could redirect up to $120 million from the Department of Economic Development towards to the project. Wayne also told the council that he is supportive of yielding state power over the port authority to the city, which would allow Mayor Stothert to appoint the governing board.

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NEBRASKA RETURNS TO HEALTHY POPULATION GROWTH AFTER PANDEMIC LULL

LINCOLN- On Tuesday, the Census Bureau estimated that Nebraska's population reached 1,978,379 as of July of this year, up 10,319 people from the same estimate last year, indicating that Nebraska's population growth is beginning to rebound to healthy levels after two years of slowed, pandemic-affected growth.

The increase this year was more than double the combined growth in 2021 and 2022, when the state was estimated to have added 980 and 3,807 respectively. Those numbers were believed to have been further held down by an increase in pandemic-related deaths, as well as much decreased immigration.

"It's kind of a return to more normal growth," said David Drozd, a demographer with Community Health Development Partners in Omaha, "To be back above the 10,000-per-year level indicates we are coming out of the more COVID-related impacts to more typical growth years." Nebraska's growth this year also exceeded the U.S. growth rate, and is ranked 24th among all states.

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