Constitution Day is coming up on September 17th. Constitution Day is a federal observance that commemorates the U. S. Constitution. Constitution Day was established by law in 2004 and observed on the day the Constitution was signed in 1787. The Constitution:

• Creates a government that puts the power in the hands of the people.
• Separates the powers of government into three branches: the legislative branch, which makes the laws; the executive branch, which executes the laws; and the judicial branch, which interprets the laws.
• Sets up a system of checks and balances that ensures no one branch has too much power.
• Divides power between the states and the federal government.
• Describes the purposes and duties of the government.
• Defines the scope and limit of government power.
• Prescribes the system for electing representatives.
• Establishes the process for the document’s ratification and amendment.
• Outlines many rights and freedoms of the people.
  (Taken from “Constituition FAQs”. https://constitutioncenter.org/education/constitution-faqs. National Constitution Center – constitutioncenter.org. 6 September, 2023.)

This week I would like to continue sharing with you portions of LB227 which was the Health and Human Services Committee priority bill.

• LB181 specifies that a prescription remains valid despite the prescribing practitioner’s subsequent death or retirement, or their suspension or revocation of the prescribing practitioner’s credential, and allows a pharmacist to use their professional judgment to fill or refill a prescription which has sufficient fills remaining.
• LB202 allows certified and trained pharmacy technicians to administer vaccines to individuals over 3 years of age if the vaccine is verified by a supervising pharmacist on site.
• LB458 allows a pharmacy to deliver to a patient on behalf of a dispensing pharmacy if both pharmacies are under common ownership.
• LB548 removes a requirement that a pharmacist licensure applicant obtain a grade of 75 on the pharmacy jurisprudence examination and requires anyone authorized to compound to comply with the U. S. Pharmacopeia and the National Formulary existing on January 1, 2023.
• LB611 changes drug administration requirements for a hospital, ambulatory surgical center, or health care practitioner facility to allow any unused portion of a certain topical medication to be offered to a patient upon discharge if required for continued treatment.
• LB35 extends the sunset date for transitional child care assistance under the federal Child Care Subsidy program and cash assistance to families who have not achieved economic self-sufficiency to October 1, 2026.
• LB586 requires the Nebraska Center for Nursing Board to provide for the expansion of clinical training sites for nurses throughout the state. Preference shall be given to areas that have lower numbers of registered nurses per capita compared to the state average. It is the intent of the Legislature to appropriate funds in the amount of $3 million from the General Fund for the next two fiscal years.
• LB431 authorizes the Nebraska State Patrol to submit health professional licensure applicants’ fingerprints to the F. B. I. for national criminal history record information checks.
• LB572 updates the Medical Nutrition Therapy Act by making terminology consistent and providing a pathway to licensure for certified nutrition specialists.

As always, I invite you to let me know your thoughts, ideas, concerns, or suggestions by calling my office at (402) 471-2716 or emailing me at jalbrecht@leg.ne.gov.

This week I would like to begin sharing with you portions of LB227 which requires the state Department of Health and Human Services (DHHS) to provide Medicaid reimbursement to a hospital at 100% of the statewide average nursing facility per diem rate if a Medicaid enrollee has been admitted as an inpatient to the hospital; is eligible for discharge after receiving care in such hospital; requires a nursing facility level of care upon discharge; and is unable to be transferred to a nursing facility due to a lack of available beds or requires a public guardian but one is unable to be appointed. This bill was the Health and Human Services Committee priority bill and ended up having over 20 bills amended into it. Over the next several weeks, I will be sharing what is in this bill.

• LB434 requires DHHS to enroll long-term care hospitals in Nebraska as providers eligible to receive Medicaid funding. No later than July 1, 2023, DHHS shall submit a state plan amendment or waiver to the federal Centers for Medicare and Medicaid Services to provide coverage under the Medicaid program for long-term acute care hospitals.
• LB219 requires DHHS to provide for rebasing inpatient interim per diem rates for critical access hospitals. DHHS shall rebase the rates every two years and the most recent audited Medicare cost report shall be used as the basis for the rebasing process within 90 days after receiving the cost report.
• LB590 increases the standard of need for eligible aged, blind, and disabled persons from at least $60 to $75 per month for a personal needs allowance if they reside in an alternative living arrangement. The personal needs allowance–which can be used for items such as greeting cards, postage, toiletries, and cell phone bills–has not increased since 2015. Increasing the allowance for individuals in nursing homes, long-term care, and assisted living facilities will help residents maintain a level of independence and dignity.
• LB517 requires DHHS to implement a pilot program to facilitate the transfer of patients with complex health needs from eligible acute care hospitals to appropriate post-acute care settings. The amendment also states legislative intent to appropriate $1 million to carry out the pilot program. Senator Hansen, chairperson of the committee, said the underlying bill and amendment would address an issue facing hospitals across the state–patients who can’t be moved from acute health care facilities to more appropriate facilities for a variety of reasons.
• LB345 defines palliative care as specialized medical care for people living with a serious illness that carries a high risk of mortality or negatively impacts quality of life. Palliative care is a team-based approach to care or treatment, providing essential support at any age and stage of a serious illness and can be provided across care settings and along with curative treatment. The goal of palliative care is to improve quality of life for both the patient and the patient’s family or care partner.
• LB402 specifies that the definition of a home health agency does not include a person or entity that engages only in social work practice.
• LB357 increases the maximum monthly support allowable under the Disabled Persons and Family Support Act from $300 to a maximum of $400 for eligible individuals and from $150 to $200 for an additional disabled family member.
• LB123 requires behavior analysts to obtain a credential under the Uniform Credentialing Act and creates a Board of Behavior Analysts to establish licensure standards and adopt a code of conduct.
  (Portions of this taken from “Medicaid reimbursement bill expanded, advanced”. Unicameral Update. April 17, 2023. http://update.legislature.ne.gov/?p=34151)

Update from Governor Pillen’s office
     On Friday, August 25th, Governor Pillen announced that payments to Nebraska cattle producers who have suffered weather-related losses, will be compensated at a higher rate. Governor Pillen thanked Secretary of Agriculture Tom Vilsack for answering his call to boost the livestock Indemnity Program (LIP) payment rate, in response to his urgent request on behalf of Nebraska cattle producers.
      As a result of the adjustment, the LIP payment increased from $1,244 per head to $1,618, an increase of $374 per head, The LIP is administered by the U. S. Department of Agriculture (USDA) Farm Service Agency (FSA). It provides assistance to producers who experience excessive livestock losses, usually due to adverse weather events.
     The updated LIP payment rate is effective immediately and will be applied retroactively to January 1, 2023, for all eligible causes of loss including excessive heat, tornado, winter storms, and other qualifying adverse weather events. Producers who have already received LIP payments for losses this calendar year will receive an additional payment, if applicable, commensurate with the updated rate. Details about eligibility and payment rates are available on the most recent LIP fact sheet.
     Governor Pillen continues to urge producers to do their part and report losses to their county FSA offices. Losses that occurred within the past month should be reported as soon as possible. A notice of loss is required to be documented and reported to the local FSA within 30 days of the loss becoming apparent.
     “While there is no way to get a complete accounting of how many cattle were lost this summer, this rate increase will go a long way toward helping producers recover,” said Governor Pillen. “At the time this weather event occurred, animals were ready for market, which means they were more valuable. Owners are deserving of a higher rate of compensation.” (Strimple, Laura. “USDA Answers Gov. Pillen’s Call to Boost Producer LIP Payment Rate.” Governor Pillen Press Release. 25 August, 2023. https://governor.nebraska.gov/press/usda-answers-gov-pillen%E2%80%99s-call-boost-producer-lip-payment-rate. Accessed 30 August, 2023.)

As always, I invite you to let me know your thoughts, ideas, concerns, or suggestions by calling my office at (402) 471-2716 or emailing me at jalbrecht@leg.ne.gov.

Now that school has begun, the end of summer is approaching as we get ready to enjoy Labor Day. Labor Day is an annual celebration of the social and economic achievements of American workers. The holiday is rooted in the late nineteenth century, when labor activists pushed for a federal holiday to recognize the many contributions workers have made to America’s strength, prosperity, and well-being. (“History of Labor Day”. August 23, 2023. U. S. Department of Labor. https://www.dol.gov/general/laborday/history) Many of you will take the time to celebrate with trips to the lake, barbecues, time with family and friends, and taking time to relax. Remember to enjoy the day and stay safe as you celebrate.

The Support Our Schools petition drive to repeal LB753, Opportunity Scholarships Act has until August 30th to submit the required number of signatures to get this on the November, 2024 ballot for a vote. According to the Keep Kids First website, “a repeal of the Opportunity Scholarships Act would be catastrophic for parents and kids who need more education flexibility. This program creates a tax credit scholarship program for students from lower-income families, students with special needs, students who experience bullying, students from military families, students in foster care, and students who are denied option enrollment. A repeal takes this all away.” (“Why Decline to Sign?”. Keep Kids First Decline to Sign. August 23, 2023. www.keepkidsfirstnebraska.com) If you feel that you signed this petition in error, you can go to www.keepkidsfirstnebraska.com and find out how to remove your name from the petition.

Thursday, August 24th, Governor Pillen hosted his first meeting of the Property Tax Working Group. This was the first of four meetings scheduled during interim. I was tasked to be a member of this working group along with Governor Pillen (chair), members of the Governor’s Policy and Research team, a number of senators, League of Nebraska Municipalities, Lincoln Chamber of Commerce, Omaha Chamber of Commerce, Nebraska Association of County Officials, Nebraska Cattlemen, Nebraska Farm Bureau, Nebraska Realtors Association, and Nebraska State Chamber of Commerce and many business leaders throughout the state of Nebraska. We are studying the history of valuations in Nebraska, discussing the vision and goals for this working group, identifying the problem and coming up with possible solutions to be sent to the Legislature in the upcoming session.

I want to encourage you all to drive safely as farmers are beginning the process of harvesting hay and moving farm equipment. Over the past several weeks, there have been several accidents in Nebraska where vehicles have driven into farm equipment and people have been killed. School is now in session as well so there is extra traffic with school buses and student drivers out on the roads in the morning and afternoon. Taking extra time to get where you are going, being aware of traffic on the roads, and using defensive driving skills is always a good idea while traveling the roads of Nebraska.

As always, I invite you to let me know your thoughts, ideas, concerns, or suggestions by calling my office at (402) 471-2716 or emailing me at jalbrecht@leg.ne.gov.

This past weekend I was reminded of how small communities come together in times of need. I attended a fundraising event in Pender for a baby boy who needed a liver transplant. The miracle came in the form of a family friend who was a match and able to give a part of her liver to save this little boy’s life. The community event was a time of celebration as surrounding communities gather to do what small communities do best–rally around neighbors in need. “We feel the love,” his mother said. “We feel like our story has touched so many lives. There’s so much good in this world. Words can’t explain how thankful we are.” This event reminds me of how small communities all throughout Nebraska come together to support their neighbors in need. I am always reminded of why Nebraska is referred to as “Nebraska Nice”. (Portions of this taken from Sturek, Jason. “Family, friends and faith triumph”. Pender Times. August 17, 2023.)

Congratulations to the Cattlemen’s Ball of Nebraska and all the volunteers for raising $2,112,857.56 during their event June 2-3, 2023 at the Weborg farm near Pender! Ninety percent goes to the Buffett Cancer Center UNMC in Omaha for cancer research. The remaining 10% will be given to 17 organizations among 13 area communities.

Update on Support Our Schools petition to repeal school choice
This summer the Support Our Schools petition drive to repeal LB753 has been in full swing as they have been found at county fairs and other public events around the state. Support our Schools has until August 30th to collect their signatures to block school choice in Nebraska. Recently, Nebraska became the 49th state to pass a school choice law. LB753, the Opportunity Scholarships Act, gives parents the opportunity to choose the best education setting for their child. If you feel that you signed this petition in error and would like to take your name off the petition, you can go to https://www.keepkidsfirstnebraska.com/remove-your-name to find a form to download and print. This form must be signed in the presence of a county election official (County Clerk or Election Commissioner) or a notary. If you need any assistance or help finding a Notary Public in your area, please email lauren@keepkidsfirstnebraska.com.

Update on LB574—Let Them Grow lawsuit
Over the past several months, you may have seen the news about LB574 (Let Them Grow Act) being taken to court by Planned Parenthood of the Heartland and Dr. Sarah Trexler and represented by the ACLU. LB574 was amended to ban gender affirming surgeries for individuals under the age of 19, allowed the Chief Medical Officer and the state Department of Health and Human Services to establish the regulations around the use of hormone therapy and puberty blockers for minors, allowed individuals who had begun gender affirming care prior to the bill’s effective date to continue treatment and included a 12-week abortion ban. The lawsuit sought a court order to block enforcement of the new restrictions and declare LB574 unconstitutional on the basis that it violates the single-subject rule for legislation. (Stoddard, Martha. “Abortion, trans law faces legal challenge”. Omaha World Herald. May 31, 2023.) On Friday, August 11th, Judge Lori Maret sided with the State of Nebraska and said LB574 fell under the single category of healthcare. Her decision keeps abortion restrictions in place. Last week, the ACLU and Planned Parenthood of the Heartland filed an appeal to the Nebraska Supreme Court. It currently does not have a hearing date. Even though I was not happy with twelve week abortion ban, it is better than the 20 weeks we had prior to LB574 being passed. I will continue to stand firm on fighting for the babies of Nebraska.

News from Governor Pillen’s Office
     On August 8-9, I attended Governor Pillen’s Ag and Economic Development Summit in Kearney, NE. This event was co-hosted by the Nebraska Department of Economic Development (DED) and the Nebraska Department of Agriculture (NDA). The Governor’s Summit is the state’s premier economic development forum, convening leaders from across Nebraska to discuss how to grow the Good Life. This is the third consecutive year the Summit has had an agricultural focus.
     This year’s event included a focus on Nebraska’s highway, water, and broadband infrastructures and their importance to the state’s long-term prosperity. The Nebraska Department of Transportation (NDOT) headed sessions to highlight how improvements to the state’s transit system and expansion of Nebraska’s broadband networks, are creating opportunities for businesses to grow. The Nebraska Department of Natural Resources (NeDNR) led panel discussions on the potential of artificial intelligence and data management tools to benefit agricultural operations through greater water use efficiency, reduced energy costs, and optimal chemical use for water treatment.
     Governor Pillen was a panel leader for two sessions at the Summit, focused on value-added agriculture. The Aksarben Foundation has launched an initiative highlighting efforts around sustainability and stewardship by Nebraska farmers and ranchers. The idea is to track data and ensure compensation for those initiatives.
     “When our kids grow up and graduate, we want them to enter the most competitive economy in America–right here in Nebraska,” said Governor Pillen. “This begins with strengthening our top industry of agriculture. It also involves developing quality infrastructure, reliable broadband access, a modern highway network, and a world-class system of water management. Together, we can grow Nebraska, and this Summit is the key to unifying our efforts.” (“Gov. Pillen Hosts Ag and Economic Development Summit”. Strimple, Laura. August 14, 2023. https://governor.nebraska.gov/press/gov-pillen-hosts-ag-and-economic-development-summit)

As always, I invite you to let me know your thoughts, ideas, concerns, or suggestions by calling my office at (402) 471-2716 or emailing me at jalbrecht@leg.ne.gov.

County Fairs have finished and school has begun. I would like to wish all students and staff good luck as they begin school this week. Please make sure you keep your eyes open for students and school buses as school gets into full swing.

This week I will conclude going over the Education Committee priority bill LB705 which provides, changes, transfers, and eliminates provisions relating to education.

• LB516 states legislative intent to appropriate $870,000 in state general funds to the state Department of Education to administer the Safe2HelpNE report line, beginning with fiscal year 2024-2025. The amendment requires the commissioner of education to administer a grant program to provide funding for security-related infrastructure projects including surveillance equipment, door-locking systems, and double-entry doors for school buildings. The proposed amendment would transfer $10 million from the state’s Cash Reserve Fund to a new School Safety and Security Fund which would be used to provide the grants. It also requires the department to provide an annual report that includes the number of schools that received grant funding, how the grant funds were used, and other information.
• LB632 prohibits the suspension of students in prekindergarten through second grade unless they bring a deadly weapon on school grounds. This bill also requires school districts to develop a policy that includes disciplinary measures inside the school as an alternative to suspension.
• LB774 makes several changes to the hearing process related to long-term suspension, expulsion, or mandatory reassignment of public school students. This proposal would allow the student’s parent or guardian to request a hearing examiner other than the one recommended by the superintendent and would require school districts to give suspended students an opportunity to complete classwork and homework missed during the suspension.
• LB201 provides a high school graduation requirement that requires all public high school students to complete the FAFSA prior to graduation beginning with the 2024-2025 school year. A student’s parent or legal guardian, or the school principal or the principal’s designee, could sign a form authorizing the student to decline to complete and submit a FAFSA.
• LB585 expands a current requirement that certain school personnel receive suicide awareness and prevention training each year. This bill requires that all school employees who interact with students receive at least one hour of behavioral and mental health training annually with a focus on suicide awareness and prevention.
• LB356 further defines what qualifies as “located in Nebraska” under the Nebraska Opportunity Grant act. This bill also updates a federal definition change from “expected family contribution” to “student aid index”.
• LB648 provides for the development of a workforce diploma program through the Department of Education. The program shall offer adult dropout recovery services, including recruitment and learning plan development, and provide proactive coaching and mentoring culminating in qualification for a high school diploma to eligible individuals.
• LB698 grants residency and education benefits to veterans of the United States Space Force who enroll in a public college or university in Nebraska.
• LB703 allows Nebraska state colleges and the University of Nebraska to manage the liquidation of surplus property.
• LB708 requires the state Department of Education, the state Department of Health and Human Services, the Office of Probation Administration, and the State Court Administrator to enter into a memorandum of understanding for data sharing to improve educational opportunities for students who are under the jurisdiction of the juvenile court.
• LB222 prohibits a publicly funded college or university, as part of its student application and admission process, from inquiring about criminal history or juvenile court records except as otherwise specifically required by state or federal law or when such information is offered voluntarily by an applicant.

(Portions of this taken from “Education lottery allocation bill expanded, advanced”. Unicameral Update. May 4, 2023. http://update.legislature.ne.gov/?p=34269)

News from Governor Pillen’s Office
Governor Pillen had a phone call the week of July 31st with U.S. Department of Agriculture Secretary Tom Vilsack to inform him of livestock losses recently experienced by cattle producers. Governor Pillen is requesting Secretary Vilsack’s help in ensuring producers receive timely and appropriate federal support through existing disaster assistance programs such as the Livestock Indemnity Program (LIP). The LIP provides financial benefits to producers who suffer excessive livestock losses due to adverse weather. All losses or injuries must be documented within 30 days, making reporting of those situations time sensitive. “The weather situation only lasted a few days, but some Nebraska producers were significantly impacted. Connecting affected producers with emergency resources available to them is important,” said Governor Pillen. “I appreciate the time Secretary Vilsack took to understand what our cattle producers experienced, and I am hopeful he will be able to assist in this unique situation.” Governor Pillen urged producers to do their part and report losses to their county Farm Service Agencies (FSA). (“Governor Pillen Advocates for Cattle Producers Following Heat Loss Event”. Laura Strimple. August 4, 2023. https://governor.nebraska.gov/press/gov-pillen-advocates-cattle-producers-following-heat-loss-event)

As always, I invite you to let me know your thoughts, ideas, concerns, or suggestions by calling my office at (402) 471-2716 or emailing me at jalbrecht@leg.ne.gov.

This week I will continue going over portions of the Education Committee priority bill LB705 which provides, changes, transfers, and eliminates provisions relating to education.

• The new College Pathway Program Cash Fund would receive 2% of the lottery funds. Under this new program, the Department of Education would provide grants to qualifying service providers that help low-income and underrepresented students graduate from high school, apply to college, and complete the requirements to receive an associate or bachelor’s degree.
• Under another new program, the coordinating Commission for Post-Secondary Education would provide up to $250,000 in grants each year to teachers enrolled in education pathways leading to qualification to teach dual-credit and career and technical education courses.
• One percent of the funds would be allocated to the new Door to College Scholarship Act, under which the commission would provide grants of up to $5,000 annually to eligible students for their educational expenses at public or private postsecondary educational institutions in Nebraska. Eligible students would have to receive a high school diploma from an accredited education program at a youth rehabilitation and treatment center or from a public, private, denominational, or parochial school within one year of being discharged from a Youth Rehabilitation and Treatment Center (YRTC).
• Under the amended provisions of LB385 (Adopt the Nebraska Teacher Recruitment and Retention Act), this bill creates a tyrant program administered by the state Department of Education intended to recruit and retain Nebraska elementary and high school teachers. Under this bill, teachers who have signed a contract to complete their second, fourth, or sixth year of full-time employment as a teacher at a Nebraska school could apply for a $2,500 grant. Teachers who obtain an endorsement in special education, mathematics, science, technology, or dual credit could apply for a $5,000 grant.
• Under the amended provisions of LB603, this bill would incentivize the recruitment of public school teachers by allowing alternative means for teaching certification. Persons who possess a bachelor’s degree, have been certified to teach through alternative organizations, and meet other criteria may be certified to teach in Nebraska. Alternative certificate holders would have to participate in a school district clinical experience during their first semester of employment as a teacher.
• LB724 no longer requires applicants for an entry-level teaching permit or a temporary certificate to teach on a full-time basis to demonstrate basic proficiency in reading, writing, and math by passing a standardized test designated by the State Board of Education.
• LB762 requires the State Board of Education to create a program intended to help paraprofessionals and paraeducators become certified teachers. Under the program, those individuals could apply to the department for a grant not to exceed $3,000 for expenses related to training or education required to obtain a Nebraska teaching certificate.
• LB647 changes provisions relating to the purchase and loan of textbooks for children enrolled in kindergarten to twelfth grade of a private school. This bill creates updates and efficiencies to the Textbook Loan Program by centralizing the process at the Nebraska Department of Education. The department would be required to purchase and loan textbooks–including digital, electronic, or online resources–to children enrolled in kindergarten to twelfth grade of an approved private school.
• Under amended provisions of LB787, the State Board of Education is to establish an innovation grant program to procure or purchase an annual license for a three-dimensional, game-based learning platform to engage middle and high school students in coursework and careers in science, technology engineering, entrepreneurship, and mathematics.
• LB805 would require each school district to allow a representative of certain youth organizations, including the Girl Scouts and Boy Scouts, to provide information, services, and activities to students in a school building or on school grounds at least once during each school year. A representative would be subject to a background check and could provide oral information to students only during non-instructional time.

(Portions of this taken from “Education lottery allocation bill expanded, advanced”. Unicameral Update. May 4, 2023. http://update.legislature.ne.gov/?p=34269)

The Wayne County Fair finished up on July 30th. From bull riding as well as bullfighting and bubble soccer on Thursday to a dual track tractor pull on Friday and two performers on Saturday, it was another great showing for the Wayne County Fair. Plenty of 4-H/FFA shows were on full display along with a lot of activities for the kids. This year’s fair was a huge success. I would like to congratulate all the participants on a job well done and thank you for participating in this year’s fair. Without you, the fair would not be what it is. (Portions of this taken from Scheffler, Aaron. “Highlights from Wayne County Demolition Derby, Another Packed Crowd”. Wayne Daily News, July 31, 2023. https://waynedailynews.com/local-news/highlights-from-wayne-county-demolition-derby-another-packed-crowd/ August 3, 2023)

As always, I invite you to let me know your thoughts, ideas, concerns, or suggestions by contacting me by calling (402) 471-2716 or emailing me at jalbrecht@leg.ne.gov.

July has treated the ag community with favor in rains and how much the crops have grown. This past week saw a shift in the weather with many heat advisories issued. I hope that the cattle survived the heat wave. Next week is the Dakota-Thurston County Fair and I look forward to a change in the weather with more moderate temperatures for those participating.

This week I would like to go over a portion of the Education Committee priority bill LB705 which provides, changes, transfers, and eliminates provisions relating to education. Current law sets aside a portion of state lottery proceeds for education. This bill will allocate those funds to various education programs over the next several years and amended over 20 other bills into it throughout the debate process.

• The committee amendment allocates lottery funds to a number of new and existing education programs for fiscal year 2024-2025 through FY 2028-2029. One new program receiving 8% is the Educational Service Unit Coordinating Council which would ensure that annual behavioral awareness training is available statewide beginning in school year 2024-2025. The ESUCC would develop, implement, and administer a statewide teacher support system. Beginning in the 2026-2027 school year, each school district would ensure that administrators, teachers, paraprofessionals, school nurses, and counselors receive the training.
• The amendment requires the state Department of Education to develop and adopt a model policy relating to behavioral intervention, behavioral and classroom management and removal of a student from a classroom. School districts are required to adopt their own policies consistent with or comparable to the model policy by August 1, 2025.
• The amendment also allocates 1.5% of the funds to a new mental health training grant program administered by the state Department of Education.
• Under amended provisions from LB153, school districts could apply to the state Department of Education for payment from a new fund intended to help small school districts cover large, unexpected special education expenditures.
• LB372 requires school boards to establish policies and procedures allowing a homeschool student who is a resident of the district to participate in extracurricular activities to the same extent as a student enrolled in a public school governed by the board. The policies and procedures must require a homeschool student who participates in extracurricular activities to be enrolled in no more and no less than five credit hours offered by the school district in any semester.
• LB414 requires school districts to adopt specific capacity standards for acceptance and rejection of option enrollment applications and determine capacity for special education services on a case-by-case basis. If the application of a student with an individualized education program or a diagnosed disability is rejected, the proposal requires the school district to provide written notification to the student’s parent or guardian describing the required services and accommodations that the district does not have the capacity to provide. Beginning in 2024, this measure also requires each district to provide the department certain information relating to all option enrollment applications rejected by the district each year.
• LB520 amends the Computer Science and Technology Education Act that was adopted in 2022. This bill requires public school students to complete at least five high school credit hours in computer science and technology education prior to graduation beginning in school year 2027-2028 rather than in 2026-2027. This measure also includes a technical change that would allow a broader selection of courses to meet the requirement.
  (Portions of this taken from “Education lottery allocation bill expanded, advanced”. Unicameral Update. May 4, 2023. http://update.legislature.ne.gov/?p=34269)

This week Governor Pillen announced a new working group that will examine property valuations in Nebraska. I have been invited to be on this working group due to my introduction of Legislative Resolution 186 which is an interim study to examine issues raised in LB820, 2023, relating to valuation of land in Nebraska. “Valuation increases in Nebraska have become an unbearable burden for homeowners, businesses, and agriculture producers across our state,” said Governor Jim Pillen. “We will find a solution that will reduce the burden of insurmountable valuation growth in recent years. It is our job to make sure Nebraska continues to be the best place to live and reckless valuation increases on home and property hinders that commitment to Nebraskans.” I look forward to working with the Governor and the other members of this group to find a possible solution to high property taxes in the state. (“Governor Pillen Announces Valuations Reform Working Group”. July 24, 2023. https://governor.nebraska.gov/press/governor-pillen-announces-valuations-reform-working-group)

As always, I invite you to let me know your thoughts, ideas, concerns, or suggestions by contacting me by calling (402) 471-2716 or emailing me at jalbrecht@leg.ne.gov.

This week I will finish telling you about the bills in the omnibus Revenue Committee bill LB727–Change provisions relating to revenue and taxation.

• LB407 extends the application deadline of the Nebraska Transformational Projects Act from December 31, 2023 to December 31, 2025.
• LB491 reinstates the Nebraska Advantage Research and Development Act which ended in 2022. Businesses can claim credits under the act until December 31, 2033.
• LB584 imposes a tax on electronic nicotine delivery systems of 5 cents per milliliter of consumable material for purposes of recouping negative public costs caused by these addictive products, which largely target consumers who are minors and other young Nebraskans, to the Nebraska General Fund.
• Under the amended provisions of LB692 the state Department of Economic Development could approve applications to create “good life districts”. Proposed projects within a district would have to meet certain thresholds related to development costs and job creation. For a project located in a county with 100,000 or more inhabitants, an applicant would also have to demonstrate that, upon completion of the project, at least 20 percent of the project’s sales would be made to out-of-state residents, would attract new-to-market retail business, and draw at least 3 million visitors per year. Transactions occurring within a district would be subject to a reduced state sales tax rate of 2.75 percent.
• Under the provisions of LB704, the owner of an ABLE account or the representative of the account’s beneficiary could distribute the account balance to specified individuals if it is less than or equal to $5,000 on the date of the beneficiary’s death. This eliminates the need to open an estate or enter probate.
• LB732 extends the application deadline for the convention Center Facility Financing Assistance Act from 2012 to 2030. The act turns back a portion of state sales tax revenue collected by convention centers and associated hotels to cities to help finance the facilities.
• LB623 added live music performances open to the public and have a capacity to hold at least 2,500 but not more than 3,500 persons, including music stages, dressing rooms, concession areas, parking facilities, lobby areas, and onsite administrative offices connecting with operating facilities to the Sports Arena Facility Financing Assistance Act.
• LB577 updates Nebraska’s tax sale certificate process to help address “equity theft”. This measure allows someone who purchases a tax sale certificate to apply to a county for a tax deed if the difference between 110 percent of the property’s assessed value and the amount needed to redeem the property is $25,000 or less. If the difference is great, the purchaser would have to foreclose the lien represented by the certificate in district court. Within 30 days of the county’s granting of a deed, the grantee would have to pay any surplus–calculated using either the property’s sale price or its assessed value–to the property’s previous owner.
  (Portions taken from “Revenue omnibus bill that includes retail tax break advances”. Unicameral Update. May 17, 2023. http://update.legislature.ne.gov/?p=34348)

CONGRATULATIONS TO SOUTH SIOUX CITY AND DAKOTA COUNTY
     I would like to take this opportunity to congratulate Dakota County for topping the Nation’s Economic Development by finishing third in all counties nationally per capita. The results tabulated by Sites Selection Magazine of Peachtree Corners, Georgia was labeled as America’s Best Counties projects per capita. This list included all U. S. counties with populations with at least 10,000 residents.
     Pat Boeshart, president and owner of LiteForm Technologies in South Sioux City, likes doing business in Dakota County and the greater tri-state Siouxland region because of the quality of life, attention to safety, ease of getting around, location, and access to Class I rail service.
     Congratulations on this honor! (“Heroes of the Heartland”. July, 2023. https://siteselection.com/issues/2023/july/heroes-of-the-heartland-cover.cfm)

As always, I invite you to let me know your thoughts, ideas, concerns, or suggestions by contacting me by calling (402) 471-2716 or emailing me at jalbrecht@leg.ne.gov.

It has been nice to finally receive rain. Prayers were answered and the crops are looking great. Good luck to those participating in the Dakota-Thurston County Fair and the Wayne County Fair coming up in a few weeks. I am looking forward to watching our grandkids, friends, and neighbors as they participate in this year’s events.

This week I would like to continue going through bills included in the omnibus Revenue Committee bill LB727. Next week I will finish going through LB727.
LB727–Change provisions relating to revenue and taxation–This bill was one of the Revenue Committee’s priority bills. This bill amends Nebraska Revised Statute 77-2704.15 to clarify a sales and use tax exemption for governmental expenditures towards a project if the voters of such governmental districts have approved such expenditures.

• LB74 will allow construction contractors to be appointed as purchasing agents that can purchase materials tax free based on the buyer-based exemption of the contractor’s client.
• LB100 would add Waste Treatment and Disposal as a qualified location in the North American Industry Classification System (NAICS) under Nebraska Revised Statute 77-6818. This addition would allow waste treatment and disposal facilities to benefit from the ImagiNE Nebraska Act.
• LB300 amends Nebraska Revised Statute 77-2704.12 to exempt from sales and use taxes any nonprofit organization certified or contracted by a regional behavioral health authority or the Division of Behavioral Health of the Department of Health and Human Services to provide community-based mental health or substance use services.
• LB344 will limit the refundable property tax credit to the five most recent taxable years of income.
• LB97 modifies a reporting requirement related to inheritance taxes. Each petitioner in a proceeding to determine inheritance tax will be required to submit a report to the county treasurer in the county where the determination was conducted. The report will include the amount of inheritance tax revenue generated and other information. It also requires the state Department of Revenue to compile inheritance tax reports from counties and make them available to the public on its website.
• LB495 will allow NEST529 account holders to roll over unused accounts funds into a beneficiary’s Roth individual retirement account with no penalty.
• LB580 will allow land that is continually farmed to retain its valuation as agricultural or horticultural land until such time as the land is commercially developed.
• LB706 amended provisions that the state highway commission could, upon recommendation of the state Department of Transportation (NDOT), issue up to $450 million in bonds between 2023 and 2029 to accelerated completion of highway construction projects, including Nebraska’s expressway system, under the Build Nebraska Act. This bill extends the act’s sunset date to 2042 and requires all bonds be paid off by June of 2042

         (Portions taken from “Revenue omnibus bill that includes retail tax break advances”. Unicameral Update. May 17, 2023. http://update.legislature.ne.gov/?p=34348)

NDOT State Highway Construction and Detour report for Northeast Nebraska
I receive reports from the Nebraska Department of Transportation on Interstate and State Highway Construction and Detours currently happening. Call 511 or visit www.511.nebraska.gov for the most current information. Here are the projects going on in District 17.

• I-129 in both directions between Exit 2 Dakota Avenue and Iowa State Line (near South Sioux City). A lane is closed intermittently due to bridge construction work. The contractor will be closing ramps and loops intermittently at the Dakota Avenue interchange on I-129 in South Sioux City. The closure of each ramp or loop will be for short periods to complete the bridge joints on the Dakota Ave., railroad, and Dry Lake bridges.
• ROAD CLOSED US-77 IN BOTH DIRECTIONS between NE-94 and US-75 (6 miles south of Winnebago). The road is closed due to road construction work. This road will be closed through November while two box culverts are replaced. Detour is routed through Highway 94 east of Walthill to Highway 74 and then north to Winnebago. Please be on the lookout for signs designating the detour and drive safely. Remember to slow down in construction areas and be on the lookout for those working in that area. Traffic will be maintained for the remainder of the work with temporary traffic signals, a pilot vehicle, and flaggers. This project consists of an asphalt overlay and culvert work. Anticipated completion is summer 2024.
• US-81 in both directions between NE-98 and 866th Road (13-22 miles north of Norfolk). There are alternating lane closures due to road construction work. Look out for flaggers. A pilot car is in operation. Look out for temporary traffic lights. There is a 12-foot width limit in effect. Anticipated completion is December 1, 2023, CDT.
• US-81 between 864th Road and 866th Road (21-22 miles north of Norfolk). Bridge construction work is in progress. The roadway is reduced to one lane. Look out for temporary traffic lights. There is a 12-foot width limit.
• NE-9 in both directions between V Road and X Road (3 miles south of Pender). The roadway is reduced to one lane due to bridge construction work. Look out for temporary traffic lights. An 11-foot width limit is in effect. Anticipated completion is winter 2023.
  (Taken from Nebraska Interstate & State Highway Construction Report. July 12, 2023. https://dot.nebraska.gov/media/4v5lbeay/construction-detours-info.pdf)

As always, I invite you to let me know your thoughts, ideas, concerns, or suggestions by contacting me by calling (402) 471-2716 or emailing me at jalbrecht@leg.ne.gov.

This past session there were many omnibus packages passed and I would like to go through several of these and share information about what was amended into the overarching bill. I plan to do this over the course of the next several newsletters. This week I would like to begin with LB727.

LB727–Change provisions relating to revenue and taxation–This bill was one of the Revenue Committee’s priority bills. This bill amends Nebraska Revised Statute 77-2704.15 to clarify a sales and use tax exemption for governmental expenditures towards a project if the voters of such governmental districts have approved such expenditures. This bill was one of the many omnibus packages put together this past session. I would like to highlight a few of the bills amended into LB727 that may be important to our district.

• LB4 would require veterans with a 100% service-connected permanent disability to apply for a homestead exemption every five years rather than annually.
• LB96 provides a sales and use tax exemption on net wrap, baling wire, and twine purchased for use in commercial agriculture.
• LB118 makes changes to the livestock modernization provisions of the Nebraska Advantage Rural Development Act. It would decrease the minimum required investment of $10,000 for applications filed on or after January 1, 2024. There would be an application fee of $100 for an investment of less than $25,000 and $250 for an investment of at least $25,000 but less than $50,000. The current fee of $500 would apply to larger projects.
• LB180 incentivizes the retail sale of biodiesel in Nebraska. Under the amended provisions, retail dealers that sell and dispense biodiesel could apply for a refundable state income tax credit equal to 14 cents per gallon sold. The Nebraska Department of Revenue could approve up to $5 million in credits each year, and no new applications could be filed after December 31, 2028.
• LB384 direct state sales and use taxes collected on the sale or lease of aircraft to the new Department of Transportation Aeronautics Capital Improvement Fund. This fund could be used to build, repair, renovate, rehabilitate, restore, modify, or improve infrastructure at Nebraska’s public-use airports.
• Under provisions of LB447, retired firefighters would qualify for a state income tax deduction on health insurance premiums they paid during the taxable year. This proposal by Senator Bostar would make firefighters, their legal dependents and the legal dependents of law enforcement officers eligible for a tuition waiver. The bill reads “Any legal dependent of a law enforcement officer who maintains satisfactory performance with such law enforcement officer’s law enforcement agency shall be entitled to a tuition waiver of one hundred percent of the resident tuition charges of any state university, state college, or community college for an associate or baccalaureate degree program.” There are other expectations for this tuition waiver that must be agreed to as part of the waiver.
• Under the amended provisions of LB697, there would be several changes to the Nebraska Job Creation and Mainstreet Revitalization Act and extend its sunset date from December 31, 2022 to December 31, 2030. This act provides for a nonrefundable state income tax credit equal to 20% of eligible expenditures up to a maximum credit of $1 million. The maximum credit allocated to any one project would be $2 million. For historically significant real property located in a county that includes a metropolitan or primary class city, the credit would be equal to 25% of eligible expenditures. It would be equal to 30% of eligible expenditures in any other county. Beginning 2024, $12 million in credits could be allocated under the program, $4 million of which would be reserved for applications seeking less than $100,000 in credits.
• LB529 updated a law requiring some political subdivisions to participate in a joint public hearing before increasing their property tax request by more than the allowable growth percentage. This bill would require a hearing be held prior to September 24th rather than September 29th and would require at least one elected official from each participating political subdivision to attend. (Portions taken from “Revenue omnibus bill that includes retail tax break advances”. Unicameral Update. May 17, 2023. http://update.legislature.ne.gov/?p=34348)

Due to the way we passed omnibus package bills, I will continue to break them into smaller parts so that you understand what was passed into law this session. Next week I will continue to go over the bills amended into LB727.

As always, I invite you to let me know your thoughts, ideas, concerns, or suggestions by contacting me by calling (402) 471-2716 or emailing me at jalbrecht@leg.ne.gov.