RURAL NE COUNTY ATTORNEYS, PUBLIC DEFENDERS CONFRONT 'LEGAL DESERT' IN HIRING NEW LAWYERS

LINCOLN- Hall County Public Defender Gerald Piccolo has expressed serious concern over the lack of aspiring defense attorneys applying for positions in the rural parts of Nebraska. This is part of a national trend, where law schools have seen a 21% drop since its peak in 2010. “It’s just more attractive to live in Lincoln or Omaha than live in Grand Island, Madison County or Scottsbluff,” Piccolo said.

A bill to address this shortage was in the works during the last legislative session but got derailed over a disagreement between the state's prosecutors and defense attorneys over incentives that should be offered. State Senator Danielle Conrad had proposed legislation that offered expanded financial incentives for public defenders and prosecutors practicing in rural areas, including student loan repayment assistance. The lack of attorneys is increasingly causing a problem; 12 of the state's 93 counties have zero attorneys and 18 counties have three or fewer, with projections indicating a continual deterioration.

The program had funds waiting to be allocated, but the bill fell apart due to a dispute regarding whether public defenders and county prosecutors should be paid the same. It was argued that county attorneys have a wider scope of responsibilities, not only prosecuting criminal cases but also handling the civil lawsuits that the county faces, providing legal guidance to officials, handling child support enforcement, and serving as the county coroner. Conrad emphasizes the importance of salary parity in this bill, and it is widely recognized that this issue isn't going anywhere.

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'WORST YET TO COME' IN RISING MISSOURI RIVER, WITH FLOODING EXPECTED TO BE MODERATE AND SHORT-LIVED

BELLEVUE- Water rising along the Missouri River is expected to cause moderate to minor flooding in the Bellevue and Omaha areas. Predictions indicate that the worst of it has yet to be seen, though the episode will be short-lived. There have been a variety of closings and evacuations in Bellevue as a result, such as households around Elbow Bend, lakeside communities close to the Platte River, American Heroes Park, the Haworth Park Campground, and public boat decks.

Nebraska Governor Jim Pillen proactively declared a state of emergency for Nebraska counties surrounding the Missouri River for Monday, particularly to free up funds needed and confer authority to Nebraska's National Guard adjutant general. Heavy rain in eastern South Dakota, northeastern Nebraska, and northwestern Iowa was the catalyst of the flooding. Pillen deployed assistance in search and rescue operations in and around Sioux City.

While predictions indicate manageable flooding, state agencies are preparing for the worst for safety purposes. This includes an order to stay off the water, the closure of the railroad, and precautionary actions for wastewater treatment plants. After the unceasing downpour upstream, Omaha and Bellevue have been forced to err on the side of safety.

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OFFUTT AIR FORCE BASE, STRATCOM, NEBRASKA SEE SPENDING BUMPS IN LATEST DEFENSE BILL

BELLEVUE- Funding for new Offutt Air Force Base facilities and better pay for young service members are two components included in the local contributions to the national defense bill that passed the U.S. House this month and is headed to the Senate. Republican U.S. Senator Deb Fischer and Representative Don Bacon said recently that the latest version of the National Defense Authorization Act includes specific projects that the state should be satisfied with. Along with renovations for the base, much of the bill's focal point was improving the quality of life for service members and their families.

Bacon was a particularly vocal advocate for improving the lives of the military and their families, mainly through a salary increase. Fischer's motivation was much more rooted in her support for deterring foreign powers from using nuclear weapons. “A dangerous world demands a strong investment in our military, and that’s what our defense bill delivers, both for Nebraska and the country as a whole,” Fischer said.

Critics of the bill have noted that it unnecessarily addressed social issues by limiting education on diversity and inclusion for military training, while others voiced appreciation for the bill's protection of conservative media on bases. Both Fischer and Bacon prioritized cyber defense and funding defense research at the University of Nebraska-Lincoln, a portion of which is tied to StratCom. There has been an increasing concern over cybersecurity, and the bill addresses the need for professionals in that space.

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NEBRASKANS EXPLORE NEW WAYS TO WOO IMMIGRANT WORKERS

FREMONT- There was a sizable turnout for the Tuesday conference in Fremont, which offered employers strategies to integrate immigrants and refugees into their workforce. An encouraging number of participants were present, including the Nebraska Chamber of Commerce. There has been an increased effort from businesses to assist immigrant employees in their transition to living in America.

This conference in Fremont displays a shift in attitude toward immigrants in the town, especially since a rental housing ordinance targeting undocumented immigrants was ruled legal by a federal court a decade ago. “Absolutely things have changed in Fremont," said Fremont Mayor Joey Spellerberg. He advises the town to embrace the growing cultural diversity.

In addition to encouraging the employment of immigrant workers, the convention also addressed empathy concerns within the workplace through educational training on cultural customs. It was noted that happy employees do the best recruiting by naturally spreading the word. While this continues to be a divisive topic for some, others notice the amount of people who have completely changed their stance.

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REVISED LAW ADDS TWIST TO HIRING NEW DIRECTOR OF NEBRASKA RACING AND GAMING COMMISSION

LINCOLN- Due to a recent law change, Nebraska Governor Jim Pillen will now have a say in who is hired to head the Nebraska Racing and Gaming Commission. The law, Legislative Bill 839, was proposed by District 37 State Senator John Lowe, who happens to be a finalist for the position. Before the bill, the governor was allowed to appoint members to the agency but was subject to confirmation by the legislature.

With this new law, the commission director is now internally selected and subject to approval from the governor. It also adds that the position is to be served full-time and bars the individual from engaging in another business, profession, or public office position. The agency has been given an increasingly important role, especially since gambling was expanded to licensed racetracks in 2020.

The commission's executive committee has selected four finalists including Lowe, who all have experience in state government. The goal of the agency was to find experienced and qualified finalists. The executive committee expects to recommend one of the finalists to the rest of the commission at its July meeting.

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OWNERS OF TWO DELTA-8 SHOPS SETTLE WITH AG HILGERS

LINCOLN- Nebraska Attorney General Mike Hilgers announced Wednesday that his office had settled with several owners targeted in 11 lawsuits filed against vape shops selling legally murky variants of the THC-containing substance Delta-8. Ever since the 2018 federal farm bill opened the door to the sale of Delta-8 in Nebraska, Hilgers said he sought to close the legal loopholes surrounding the product.

"I am proud to announce these settlements," he said, "which represent important steps towards getting these untested, mislabeled, and dangerous THC products off the shelves in Nebraska." In a release, Hilgers called on the other retailers sued by the Attorney General's Office to negotiate settlements with the state.

"Time is running short to settle on favorable terms with our office," Hilgers wrote, "The door will soon close on obtaining settlements that waive penalties, and for those who do not settle, we will seek relief to the fullest extent of the law." Each of the lawsuits argue that the products sold in these stores were deceptively advertised and possibly contaminated.

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SPEAKER ARCH OFFERS SPECIAL SESSION SCHEDULE

LINCOLN- On Tuesday, Speaker of the Legislature John Arch issued a roadmap for a likely special session on property tax reform after Gov. Pillen confirmed he would call the Legislature back in late July. In a letter to Arch, Pillen said that lawmakers will remain in session until property tax reform is delivered.

Nebraska taxpayers paid $5.3 billion in property taxes in 2023, an increase of $286 million from the year prior. That followed a previously record-breaking increase of $293 million in the previous year. "Nebraska is hurtling toward a status quo in which total property taxes will grow by more more than a million dollars per day," Pillen wrote.

In a letter to all senators and staff, Arch said the Legislature should plan to meet July 25-27, Thursday through Saturday, for bill introduction before beginning legislative hearings on Monday the 29th. In special sessions, bills offered at the governor's request are introduced first, followed by all other bills or resolutions. A full tentative schedule can be viewed below:

July 25, Thursday, at a time to be determined by Pillen in his proclamation.

July 26 and July 27, Friday and Saturday, at 10 a.m.

July 29, Monday, at 9 a.m. Hearings at 9:30 a.m.

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STATE AUDITOR ALLEGES MISHANDLING OF PUBLIC FUNDS BY NONPROFIT HELPING TO MANAGE NIOBRARA SCENIC RIVER

LINCOLN- State Auditor Mike Foley has questioned the handling of public dollars by a small nonprofit helping to manage the Niobrara Scenic River corridor. Among the eyebrow-rasing items described Wednesday by Foley is nearly $40,000 in unused leave pay that went to a top executive who had a purported two-decade-long perfect attendance streak.

According to the audit of the Valentine-based Niobrara Council, executive director Kalli Kieborz had not recorded the use of a single day of sock or vacation leave during a 21-year period. As compensation for that unused leave, she reportedly received nearly $40,000. Foley, however, noted Facebook posts from earlier this year depicting Kieborz ice-fishing at Valentine Refuge Lake during what appeared to be normal business hours.

"Even a baseball hall of fame great like Baltimore Orioles shortstop Cal Ripkin, Jr., known as the 'Iron Man,' could compile a record of only 17 years without missing a game," wrote Foley, "and he rested during the off-season!" The audit team said it received citizen complaints that the Niobrara Council office had been closed without explanation during working hours.

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WINNEBAGO TRIBE CELEBRATES RETURN OF LAND TAKEN ALONG THE MISSOURI RIVER

OMAHA- After the U.S. Senate unanimously passed a bill last week that will return 1,600 acres of appropriated land to the Winnebago Tribe of Nebraska, advocates and tribe members are celebrating the righting of this five-decade-old wrong. The land, which was taken by the U.S. Army Corps of Engineers in the 1970s, rests along the Missouri River.

"That was pretty exciting news," said Winnebago tribal spokesman Garen Coons, "We held a victory celebration the day it passed--brought drums out, sang some victory songs." Another celebration is planned after President Joe Biden signs the bill into law. Coons said that bills to restore the land to the Tribe have been introduced in Congress since 2017.

This year's bill, introduced by U.S. Sen. Deb Fischer and co-sponsored by Sen. Pete Ricketts and Iowa Sens. Chuck Grassley and Joni Ernst, finally crossed the finish line. The land, which had been managed by the Iowa Department of Natural Resources, will remain as conservation land, according to Coons. The only difference is that those seeking to hunt on the property must now obtain a tribal hunting permit.

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QUESTIONS REMAIN AS PILLEN DOUBLES DOWN ON TAKING OVER K-12 PUBLIC SCHOOL FUNDING

LINCOLN- On Wednesday, Gov. Pillen confirmed that he will be asking the State of Nebraska to take on most or all public K-12 school spending, rather than funding schools through local property taxes. Such a shift would make Nebraska a national standout. Speaking in his hometown, Columbus, Pillen said having the state take on an additional $1.65 billion to fund these schools would be a win-win.

The governor is also seeking to cap local political subdivisions' year-to-year spending increases, either at 0% or in line with the consumer price index. "Having the state fund our children will do nothing but strengthen our education," Pillen said at the town hall event. School advocates and several state senators told reporters that they understood Pillen's plan to entail the state taking over general expenditures for the schools minus special building projects or bond levies that would be left up to the school boards.

Pillen argued that his new proposed model would be similar to how the state has assumed funding of Nebraska's community colleges. Sen. Jana Hughes, a former school board member, said she backs the state taking a large role in K-12 financials. "I think finding sustainable funds to support 100% of school funding seems like a big task, so I hope we can make progress toward that goal one step at a time," she said.

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RULING ALLOWS NEBRASKA TO CONTINUE COLLECTING TAXES ON BANKSHOT GAMES

LINCOLN- A Lancaster County Judge dismissed a lawsuit filed against the Nebraska Department of Revenue challenging the validity of the agency's interpretation and application of regulations regarding sales tax on mechanical amusement devices, in particular BankShot games. The case, filed by Bellevue-based American Amusements Co., was the second of its kind.

The first of these cases was filed by Music Service LLC of Omaha, and resulted in the same fate: a dismissal. However, despite both cases failing, it is not likely to be the end of this issue, since neither of the judges ruled on the merits of the cases themselves. At issue in both cases was a section of the Mechanical Amusement Device Tax Act.

"In its continuing efforts to interfere with the business of American Amusements and its operators/distributors, the department is now attempting to illegally require them ti pay sales tax on all monies deposited in BankShot devices by players dispute the Nebraska Legislature's clear and unequivocal exemption of those funds from sales tax," argued Thomas Culhane, the attorney for American Amusements.

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LINCOLN AIRPORT'S PROPOSED BUDGET CALLS FOR A SIGNIFICANT PROPERTY TAX INCREASE

LINCOLN- The Lincoln Airport Authority's newly proposed 2024-25 budget, issued Monday, calls for a mill levy request of 3.1 cents, a significant increase from last year's 1.43 cent ask. A public hearing to discuss the budget was held on Thursday. It is expected to spark passionate debate, said Board Chairman John Olsson.

"This could find angst with some people quite possibly," said Olsson, "As a board, we're trying to be responsible, to be good steward, manage our infrastructure--make sure it's taken care of, and hopefully allow for some growth." The last time the Authority raised its property tax levy was in 2021, at a rate of 1.75 cents, with the instance before that occurring in 1986.

The proposed property tax increase would cost Lancaster County property owners $31 per $100,000 of valuation each year. The Lincoln Chamber of Commerce and Lincoln Independent Business Association are expected to appear during the public hearing, with Board Member Nicki Behmer Popp, a real estate agent, noting that valuations are expected to increase by 5-7% this year.

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RETIRED UNK CHANCELLOR REFLECTS ON 42 YEARS OF PUBLIC SERVICE

KEARNEY- University of Nebraska at Kearney Chancellor Doug Kristensen retired on May 31st after four decades of public service that he said represents "living proof" of NU's mission. Kristensen left the NU system after 22 years at the chancellor post, a job that followed nearly 14 years in the Nebraska Legislature and six years as Kearney County Attorney.

"I'm a Nebraska kid who got to be involved in the two most important things in the state," Kristensen said, pointing to the Legislature and Nebraska University, "Are you kidding me? I got to do that." Kristensen said that NU might be one of the most important institutions in the state for how it impacts residents, and argued that critics of higher education "will come to their senses."

"The pendulum will swing and there will be a need again to go, 'Oh my God, we've got to highly train people to keep them here because the jobs are going to demand it,'" he said. Under his tenure, Kristensen noted that UNK matured to value what it had, rather than what it didn't. This includes $460 million in investments to improve every building on campus and an additional $100 million for the building of University Village.

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HISPANICS ACCOUNT FOR OVER 80% OF STATE POPULATION GROWTH

LINCOLN- According to the latest data from the U.S. Census Bureau, Nebraska added around 10,300 residents between 2022 and 2023, with 8,500 of those new state citizens being Hispanic. On the national level, Hispanic residents likewise propelled growth last year, accounting for just under three-quarters of the nation's population increase.

"The Hispanic population is expanding at a substantially faster rate than the non-Hispanic population," said Kristie Wilder, a demographer with the Bureau. Wilder went on to say that around two-thirds of the Hispanic population growth nationally was due to births exceeding deaths, while one-third was due to immigration.

In Nebraska, the data showed that the state's Hispanic population grew by 3.4% in 2023 while the rest of the population grew only 0.1%. David Drozd, a Nebraska-based demographer, noted that the Hispanic population in the state has been the biggest drive of Nebraska's population growth for some time.

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BEATRICE RECEIVES $21 MILLION GRANT FOR 'TRANSFORMATIVE' DOWNTOWN PROJECT

BEATRICE- On Wednesday, it was announced that the City of Beatrice would be receiving $21 million from the federal government for a "transformative project" to redevelop a portion of downtown into a pedestrian-focused corridor. The project, titled the Court Street Access and Safety Transportation Initiative, will be funded by the Rebuilding American Infrastructure and Sustainability and Equity grant.

It will allow the city to add improved seating, bike racks, trash receptacles, lighted sidewalks, and revamped intersections, as well as some new public outdoor space. "The CAST Initiative is a transformative project that will positively impact our community for years to come," Beatrice Mayor Bob Morgan wrote in a statement.

According to the news release, the highway entering Beatrice will be rerouted a block south to Market Street. Another grant from the same funding source was awarded to Lincoln County for a $750,000 project to explore alternate routes for freight trains in residential and downtown employment centers.

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MOST OMAHA VOTERS WANT CANDIDATES TO OUTLINE POLICIES FOR MAKING CHILD CARE MORE AFFORDABLE

OMAHA- A recent poll administered for a national advocacy group indicates that Omaha-area voters care about assisting parents with affording high-quality child care. The poll was released on Tuesday by the advocacy group First Five Action. The results showed that voters across the political spectrum support policy changes that will help working parents with child care needs.

The poll was conducted by phone through a bipartisan research company in Nebraska's 2nd Congressional District, reaching 602 likely voters. About 86% of those surveyed answered that they wanted their candidate to outline policies to make child care more affordable, including 72% of those who stated they plan on voting for Donald Trump, and 96% of those who said they plan to vote for Joe Biden. Lack of access to adequate child care has been a persistent issue for Nebraska, with pandemic shortages increasing rather than leveling out.

The polls showed that most Nebraskans know someone whose career has been impacted by the lack of affordable child care services. “What you’re going to see across the state, even across the country, is that folks are going to be looking for some sort of financial sustainability for the child care industry,” said Elizabeth Everett, deputy director and public policy manager for First Five Nebraska. Voters and lawmakers have made some progress in the recent past, but these results stipulate that regardless of political party, voters would support a federal program that helps states expand child care access.

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GOV. PILLEN EYES NEBRASKA TAKING OVER K-12 SCHOOL FUNDING INSTEAD OF LOCAL PROPERTY TAXES

LINCOLN- Nebraska Governor Jim Pillen's method of reforming property taxes could stem from the state absorbing all funding for K-12 schools rather than using local property taxes to pay for a portion. He said on Monday that his property tax reform plan will in fact include a request for lawmakers to take on all of K-12 funding. Right now, about 60% of locally collected property taxes go to the schools.

“Our goal of our plan is to not have property tax fund one iota of K-12 education. Zero,” Pillen said. This change would mimic legislation from 2023 when the state took on community college funding. Nebraskans paid the most in property taxes last year with income and sales tax following, which Pillen believes is the opposite of how it should be.

Pillen stated that most school board members do not have financial backgrounds and Nebraska has a confusing formula for funding schools, resulting in the lack of funding prior to 2023. Along with the shift in public school funding to the state, Pillen aims to eliminate some sales tax exemptions. He recognizes the work that needs to be done, repeatedly touting the dates starting in late July when he intends to hold a special session.

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NINE MORE GOV. PILLEN-LED PROPERTY TAX TOWN HALLS IN CENTRAL, WESTERN NEBRASKA THIS WEEK

LINCOLN- Governor of Nebraska Jim Pillen will end the month of June by continuing his tour of town halls focused on property tax reform in the western and central parts of the state. Pillen is ending June with nine more events planned, including one in his hometown, Columbus. At the end of the week, the total number of town halls held by Pillen will amount to 26.

The main focal point of Pillen's gubernatorial tenure has been eliminating about 40%, or $2 billion, in locally collected property taxes by the end of his first two years in office, even previewing an offer to take on all or more of the costs for the state's 244 school districts. The Nebraska Department of Revenue reports indicate that for the last school year, property taxes amounted to $2.8 billion, excluding bond taxes. Some of Pillen's reform ideas include getting rid of certain sales tax exemptions and the creation of a two-tiered sales and use tax rate per dollar for particular goods.

Increasing "sin taxes" is also a target of Pillen's, meaning an uptick in sales tax for alcohol, tobacco, and vape products. A definitive plan has not yet been put in place by the governor, or the state senators he's been working with. Pillen recently announced potential dates for the special session that he's been planning on calling. The rest of this week's town hall schedule can be found below.

Wednesday, June 26

  • 1:30 p.m. at Columbus Chamber of Commerce, 753 33rd Ave., Columbus.

Thursday, June 27

  • 10 a.m. at Mid-Plains Community College, 715 East Highway 20, Valentine.

  • 1 p.m. at Chadron State College, Student Center – Lakota Room, 1000 Main St., Chadron.

  • 4:30 p.m. at Westside Events Center, 2472 County Road 62, Alliance.

Friday, June 28

  • 8:30 a.m. at Petrified Wood Gallery, 418 East 1st St., Ogallala.

  • 1 p.m. at Coppermill Steakhouse, 202 Coppermill St., McCook.

  • 4 p.m. at Central Community College – The Opportunity Center, 1501 Plum Creek Parkway, Lexington.

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DCCC RESERVES $1 MILLION IN EARLY ADVERTISING SPOTS TO BOOST VARGAS

OMAHA- This week, the Democratic Congressional Campaign Committee announced reserving $1 million in television advertising time in Nebraska's 2nd District U.S. House race in support of State Senator Tony Vargas. The group noted that it had yet to reserve any time by this point in the 2022 election cycle when Vargas and Republican U.S. Representative Don Bacon first faced off. Both candidates are looking to emulate their 2022 campaigns through large donations.

This sizable portion of the DCCC's initial $28 million in advertisement reservations indicates that the district will be a target for the group despite its tendency to lean right. They reserved television advertisements for swing-district House candidates in 15 broadcast markets, including Omaha, and digital advertisements in 21 states, including Nebraska. Nationally, the group set aside $16 million for television advertisements and $12 million for digital advertisements.

Major investment is expected in the 2nd District partially because party investments will also help presidential candidates with their campaigns. While both President Biden and Donald Trump have begun staffing campaigns in the district, the National Republican Congressional Committee is still in the process of announcing its first major advertisement reservations. Separate pledges from other committees and funds are continually being added to each of the 2nd District's congressional candidates' campaigns.

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RFK JR. TURNS IN MORE THAN 5K SIGNATURES IN NEBRASKA

LINCOLN- Third-party presidential candidate Robert F. Kennedy Jr. announced that he had turned in enough signatures this week in Nebraska to allow his name to appear on November's ballot. The Kennedy campaign said that it had turned in more than 5,000 signatures to the Secretary of State's Office.

The state's chief election office must now check the signature and verify at least 2,500 of those, the minimum number needed to appear on the ballot. Lane Koch, Kennedy's regional director in the Midwest, thanked volunteers for "a historic day." Most political observers give Kennedy little chance to beat either President Joe Biden or presumptive Republican nominee and former President Donald Trump.

However, some consider Kennedy a potential spoiler in swing districts, where a percentage point of three could alter a state's Electoral College votes, like in Omaha's 2nd Congressional District. Dona-Gene Barton, a political scientist at the University of Nebraska-Lincoln, said third-party candidates in close races can "disrupt the election results."

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