NEBRASKA ENVIRONMENTAL TRUST, WITH NO PUBLIC DISSENTION, VOTES TO AWARD $20.5 MILLION IN GRANTS

LINCOLN- Last Thursday, the Nebraska Environmental Trust voted to award nearly $20.5 million in grants to 49 projects, ranging from recycling and groundwater monitoring programs to restoring streams and marshes. Last year, the agency only awarded $11 million in grants for 23 projects, which was half of all available funds. Ungranted funds from last year were later shifted to a state water resources fund through a proposal by Gov. Pillen, which drew heaps of criticism. 

This year, the Trust received 80 applications for grants, of which 69 were deemed eligible. The 49 highest-scoring projects were then granted funding by the Trust. One of these involved a $297,204 grant to the Iowa Tribe of Kansas and Nebraska, which is currently seeking to open a "tribal national park" in the southeast corner of Nebraska. 

Trust Board members said during a meeting that a "process improvement" initiative undertaken by the agency to attract more applicants has helped to clarify which grant applications were eligible and which are most worthy of funding. Trust Board member Josh Andersen, who also heads the committee that scored the grants, said he still hopes more groups will apply for grants during the next award cycle.

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NEBRASKA DEPARTMENT OF EDUCATION CAN'T SUPPORT SUMMER FOOD AID PROGRAM, COMMISSIONER SAYS

LINCOLN- Nebraska Department of Education officials say their agency does not have the resources necessary to manage a new federal food aid program, the same one rejected by Gov. Jim Pillen last month. During a state Board of Education meeting, Education Commissioner Brian Maher said that he had "considerable conversations" with Nebraska lawmakers and advocates surrounding the Summer Electronic Benefit Transfer Program, which, if accepted, would have provided millions of dollars in food aid to low-income families. 

States had to express interest in the program by January 1st, but Pillen decided against it in late December. However, the Nebraska Department of Education has the authority to take on the program independently, but, according to Maher, lacks the resources necessary to handle such an endeavor. "Certainly, in our office, we've had meetings and worked to be clear what role, if any role, we have with EBT administration," said Maher, "We're not set up to handle EBT administration at the NDE."

Maher said that, in order to administer the federal funding offered by the program, the Department would have to increase its staff or reallocate duties. Hardware, software, EBT cards and other materials would also need to be obtained by the Department, costing an estimated $300,000. "The item is not currently on our list of legislative priorities for the Department of Education, but that's not surprising--we weren't aware of this until fairly recently."

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'IT'S SCARY CLOSE': NEBRASKA LAWMAKERS REACT TO AI VOICE CLONES, POSSIBLE REGULATIONS

LINCOLN- As artificial intelligence continues to rapidly evolve, some state lawmakers are eyeing a legislative or regulatory role over AI as a balancing act with the First Amendment. Indeed, Sen. John Cavanaugh, who said he foresees the dangers AI can bring, is introducing legislation to address AI disclosures. 

Cavanaugh's proposal would mirror a Michigan law that requires disclosure of AI if the technology is utilized in political advertisements. Michigan was the fifth state to enact such legislation. "As technology advances, we need to be sure that it is not abused and take reasonable steps as a state to regulate the use of artificial intelligence in campaigns," said Cavanaugh. 

Sen. John Fredrickson added that the Legislature must consider these changes alongside AI experts and stakeholders. Sen. Fredrickson, as well as Sens. Ballard, Hughes, Walz, Bosn, Brandt, and Conrad, participated in a UNL study that cloned his voice using AI. Sen. Hughes said one of the clips, which reproduced a past legislative speech, sounded exactly the way she would say it. "I don't think you could find anybody in today's world that would know the difference," said Hughes.

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CANDIDATE FILING KICKS OFF 2024 ELECTION CYCLE IN NEBRASKA

LINCOLN- Candidate filing for the May 14, 2024, statewide primary began Jan. 5. Individuals who wish to run for state and federal offices in 2024 can start filing with the Nebraska Secretary of State’s office. Many candidates have already announced their campaigns, but can now officially file and get underway.

“This is an exciting time for our office as we look ahead to the 2024 election cycle,” Secretary of State Bob Evnen said in a press release. “Our Elections Division is ready to help individuals file for office. Candidates should be mindful of deadlines and the appropriate documents needed to file for office successfully.”

Candidates can access filing-related documents and information on the Nebraska Secretary of State’s website. There, candidates can view the 2024 Candidate Filing Guide, which lists the offices that are up for election, instructions for candidates on how to file, the qualifications for public office and other important information.

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SENATORS PROPOSE A 'PAINLESS' ALTERNATIVE TO CARRY OUT EXECUTIONS, WITH NITROGEN GAS

LINCOLN- Nebraska would have an alternative to lethal injection when carrying out executions under a bill proposed in the Nebraska Legislature. LB970, sponsored by State Sen. Loren Lippincott of Central City and 17 other lawmakers, would permit “nitrogen hypoxia” — suffocation by inhaling nitrogen gas — to be used in capital punishment in the state. Lippincott said, “We need to make the execution of Nebraska law as humane as possible.”

The proposal drew an immediate response, however, from an anti-death penalty group, Nebraskans for Alternatives to the Death Penalty.

‘The particular method of the state executing people does not resolve all of the things that are wrong with the death penalty in Nebraska,” said Spike Eickholt, who lobbies for the group. “Providing for gas chamber executions does not fix our broken death penalty.”

Lippincott said that the idea for his bill came from a constituent and that Nebraska would join three other states — Alabama, Mississippi and Oklahoma — in allowing the use of nitrogen gas in executions. None of those states has used nitrogen hypoxia, but Alabama is planning an execution with its use. Lippincott did mention that this would not be his priority bill.

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SENATORS SEEK WAIVER, SECOND CHANCE AT APPLYING FOR SUMMER FOOD FUNDS REJECTED BY PILLEN

LINCOLN- A group of state senators are expressing hope they can reverse Gov. Jim Pillen’s recent rejection of $18 million in federal funds to expand a summer grocery benefit for low-income families. Sen. Jen Day joined 16 other senators in introducing a bill that would require the state human services agency to apply for the extra funding via the Summer Electronic Benefit Transfer (EBT) program.

It would place an extra $40 a month over three months next summer into EBT cards issued to low-income families to buy groceries during a time when children are out of school and away from free and reduced school lunches. Pillen recently turned thumbs down on joining growing number of states — now 33 — that have opted into the summer program, saying that he didn’t “believe in welfare.”

Day said supporters of her LB952 have reached out to federal officials and are confident that a previously stated Jan. 1 deadline for states to opt into the summer food program can be waived. “It’s clearly not a hard deadline,” the senator said. “As of right now, it’s still open to us.” Sen. Day believes she can get a majority of backers, showing bipartisan support for the credit.

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WASTEWATER IN NEBRASKA, NEIGHBORING STATES, CARRIES HIGH LEVELS OF COVID, SAYS CDC

LINCOLN- Wastewater testing at the end of 2023 showed relatively high levels of COVID-19 in Iowa, Kansas and Missouri, according to the CDC. In Nebraska wastewater, virus levels were elevated, but not as high as the other states. The latest CDC data suggests the virus is as prevalent in wastewater in all four states as it was in late 2022 and early 2023.

The CDC started its wastewater testing program in 2020, as one way to help health departments prepare for spikes in cases. The agency tests water from toilets, sinks, and showers around the country for signs of the virus, which lingers in wastewater because people infected can shed the virus, even if they don’t have symptoms.

Nationwide, 8.7% of hospital admissions in the last week were for COVID-19 patients, according to the CDC. The number of admissions for Iowa, Kansas, Missouri and Nebraska, are significantly lower. Wastewater is an indicator of potential risk, but health officials say what should really be monitored is hospital admittance rates.

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NEBRASKA ATTORNEY GENERAL ANNOUNCES LEGISLATIVE PRIORITIES

LINCOLN- Attorney General Mike Hilgers announced his 2024 legislative priorities alongside a trio of state senators introducing legislation including Greater Nebraska’s Teresa Ibach and District 25 state senator Carolyn Bosn, and District 18 state senator Christy Armendariz. According to a press release, the bills focus on strengthening the protections for vulnerable Nebraskans from exploitation.

The first bill, sponsored by Sen. Bosn, will strengthen the ability of the Attorney General to protect Nebraskans who have been financially exploited. The second bill, sponsored by Sen. Ibach, will make substantial modifications to the Nebraska Hemp Farming Act to limit a perceived loophole for Delta 8 and related products. The third and final bill, sponsored by Sen. Armendariz, is critical legislation to combat child exploitation and human trafficking online.

“Our office works tirelessly to protect vulnerable Nebraskans. The tools in these bills will help protect Nebraskans, including trafficking victims and children, from exploitation. I am grateful for the senators for introducing these bills, and look forward to working with the Legislature to pass these common-sense bills that will do enormous good for Nebraskans’ health and well-being., said AG Hilgers.

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LAWMAKER INTRODUCES MEASURE TO URGE CONGRESS TO HAVE COUNTIES EAST OF THE PANHANDLE IN CENTRAL TIME ZONE

LINCOLN- Among the many bills introduced this year, one is a legislative resolution by District 44 Senator Teresa Ibach that would urge Congress to have all Nebraska counties east of the Panhandle be located entirely in the central time zone. According to the LR, changing the location of a time zone in the United States is the purview of the federal government and can only be altered through federal legislation by Congress or regulation of the Department of Transportation.

Senator Ibach stated in the legislative resolution that “changing all the counties located east of the Panhandle to the central time zone would create greater consistency for commerce, transportation, and communication and convenience a uniformity that would impact positive education, recreation, healthcare, and, religious worship as well as benefit the general Nebraska economy.”

If enacted, all counties in Nebraska east of Sheridan, Garden, and Deuel counties would be located in the central time zone. Legislative Resolution 276 has been co-sponsored by District 42 Senator Mike Jacobson along with District 43 Senator Tom Brewer, District 32 Senator Tom Brandt, District 36 Senator Rick Holdcroft, and District 7 Senator Tony Vargas.

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LAWMAKERS PROPOSE CHANGES TO STATE'S SAFE HAVEN LAW

LINCOLN- Less than three months ago, a baby boy just a few hours old was left at Omaha Fire Station. While technically, based on Nebraska law, the drop-off was illegal, no charges were pressed. Nebraska’s first Safe Haven Law was passed in 2008. It originally allowed parents to surrender children up to 18 years old at a hospital. That was quickly changed as 36 children were left to the state.

“I don’t think there was a lot of thought that was put into the idea,” said Sen. Rick Holdcroft of Bellevue. “It was just that we wanted to save kids.” The law now allows parents to surrender their infant face-to-face at a hospital within 30 days of birth. Sen. Holdcroft aims to broaden the law and reduce barriers for parents facing this difficult decision. He introduced LB876: an updated Newborn Safe Haven Act.

The bill expands the locations where parents can surrender a baby to include hospitals and fire and law enforcement stations manned 24/7. They can also call 911 and let emergency services take the baby to safety. The proposed act extends the age an infant can legally be surrendered from 30 days to 90, and it eliminates the requirement for face-to-face surrender.

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SPECIAL PROSECUTOR SEES NO CRIME IN ALLEGED NEGOP BREAK-IN

LINCOLN- A months-long review of a LPD investigation into an alleged break-in during a leadership transition at the Nebraska Republican Party ended with no charges. Special Prosecutor Ryan Swaroff said her review found that the events immediately after a July 2022 leadership transition at the state’s top political party showed a “turbulent leadership handover,” not a crime.

“This handover resulted in the report by the new leadership of an alleged trespass and alleged theft of Nebraska Republican Party property by the prior leadership,” Swaroff wrote. She said she reviewed the case, spoke with police and reviewed reports and emails from Tom Nesbitt, a private investigator the GOP hired after some items briefly went missing.

In a statement, she wrote that “charges cannot be filed in this case without stretching the limits of speculation as to intent and specific actions of those involved in this case.” Swaroff was the second special prosecutor to review the reports since February, when Lancaster County Attorney Pat Condon, a Republican, requested an outside review of the investigation.

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LEGISLATION WOULD CUT CHILD CARE COSTS FOR NEBRASKA CHILD CARE WORKERS

LINCOLN- The state could address part of its need for childcare workers by replicating a Kentucky program that pays childcare costs for childcare workers. Sen. John Fredrickson introduced LB856, which would make all childcare workers eligible for childcare aid, regardless of their income. Nebraska daycare workers passing a criminal background check would be eligible for aid if they work at least 20 hours a week at a licensed daycare facility or in-home daycare.

Fredrickson modeled his proposal after Kentucky’s, which used pandemic relief funds to make child care cheaper for childcare workers, many of whom earn too little to pay for daycare. The program attracted thousands more child care workers to the industry, and it opened up more slots in parts of the state without them, including rural Kentucky, researchers found.

Kentucky is exploring how to maintain the expanded aid using state funds as pandemic-related federal funds run low. Iowa adopted its own pilot version of the aid program last year. Health officials in both states had no immediate comment, nor did the Nebraska Department of Health and Human Services. Fredrickson's push is one of several being made to address childcare in the state.

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SENATORS BEGIN 2024 SESSION WITH HOPE, APPREHENSION

LINCOLN- The Nebraska Legislature began its 2024 session on Wednesday with a combination of high hopes and apprehension about being able to tackle the issues that really matter to Nebraskans. In a speech urging senators to use the shorter, sixty-day session wisely, Speaker of the Legislature John Arch acknowledged that last year's rancorous legislative session reflected the division felt nationwide.

"What we must develop," Arch told his colleagues, "is the ability to have passionate but civil discourse on very difficult subjects. That's going to take everyone's commitment to work together to craft legislation that allows the majority to govern...with respecting minority input." Despite Arch's hopes that senators can work to better collaborate across party lines, the first day of session brought with it some division.

That came in the form of the Legislature's first order of business: the election of the Executive Board's chairperson and vice chairperson. Sen. Ray Aguilar and Sen. John Lowe were elected to each respective position by the body, but not without objection. Sen. Terrell McKinney, who represents a portion of north Omaha and ran against Sen. Lowe for the vice chairmanship, argued that the Executive Board's leadership needed representation from eastern, more urban areas of Nebraska.

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MORE NEBRASKA TEACHING JOBS GO UNFILLED AS STATEWIDE SHORTAGE GROWS

LINCOLN- A new report issued by the Nebraska Department of Education suggests that the state's teacher shortage is continuing to escalate as 900 positions go unfilled for the 2023-24 school year. More specifically, the data indicates that, as of this fall, there were 908 unfilled teaching positions across Nebraska, up from last year's 769.

That total, however, includes jobs that were filled by an underqualified educator. But, roughly all of the increase in unfilled positions over last year involved positions that could not be filled at all. "It's a lot of data, what do we choose to do with the data now that we have it?" said Jenni Benson, president of the Nebraska State Education Association, "Nine hundred eight is a lot."

The true number of unfilled positions might be even larger as well. Of Nebraska's 436 public and nonpublic district and educational service units, only 310 responded to NDE's survey this year, down from 402 respondents last year. Special education shortages have been especially prevalent across Nebraska, with almost one in four special education positions going unfilled this year.

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BELLEVUE MAYOR SAYS HIS COMMUNITY DESERVES A RACETRACK CASINO

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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BILL GATES BUYS $113 MILLION WORTH OF NEBRASKA FARMLAND

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

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

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

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