The yards, trees and fields are really starting to green up. It may look like spring but in many ways it is Christmas at the Legislature. Or at least that is a term we use to describe the amending of multiple bills into a main one – a “Christmas tree bill”.

My staff is monitoring these amendments and at last count, eight bills have been made the vehicles to carry 83 other bills. As an example, a Revenue Committee bill contains all or portions of 22 others. This was done to allow more bills to get through this year with all of the filibusters that are happening. Many of these bills would have been on a consent calendar (non controversial bills that get just 15 minutes of debate), and came out of each committee unanimously.

I do have some concerns about the approach of incorporating large numbers of bills into one vehicle. While this method is not new or rare (in fact I anticipate a couple of issues could be amended into my own priority bill), the sheer number we are seeing in this session is unprecedented. We need to discuss, analyze and vet each portion of a multi-part bill before casting our votes. Attempting to do this well, during a filibuster, can be difficult at best. As a result, I expect we may need to revisit some of these issues in the next session.

LB 562, which I designated as my priority for the session, was finally heard on the floor on Thursday. As I have outlined previously, this bill would expand the options for using E-15 ethanol at fueling stations across the state. As has been the case with many bills thus far, senators opposing other issues took the time to stall LB 562. However, we did have some conversation about the economic and environmental benefits of ethanol for Nebraska. The bill will be taken up again next week for continued first round debate.

For the first time this session, legislation was passed on final reading this week. These bills included LB 376e, with a vote of 41 to 0. The “e” clause means it will take effect immediately upon the Governor’s signature. LB 376 was brought on behalf of the Liquor Control Commission. This legislation will enable the commission to more accurately and correctly identify alcoholic products being imported into or produced in Nebraska for taxation and distribution purposes.

Another bill passed on final reading was LB 296 which regulates insurance for pets. LB 775 also passed and will make necessary changes and additions to the Nebraska Gaming Act, address Licensed Racetrack Enclosures, the Racetrack Gaming Act, county and city lotteries, pari mutuel wagering and keno.

One of the more prominent bills of the session, LB 77, was passed on a 33 to 14 vote. This bill provides for the carrying of concealed handguns without a permit, changes provisions relating to concealed weapons, and prohibits certain regulation of weapons by cities, villages, and counties. The bill was filibustered at each stage of debate but ultimately did pass.

With the recent appointment of Sen. Carolyn Bosn in District 25 to fill the position of Senator Susan Geist, some committee structure needed to be reshuffled, including a new chair of the Transportation and Telecommunications Committee. Sen. Moser of Columbus was elected for this position. Sen. Bosn will serve on that committee as well as the Judiciary Committee.

The Appropriations Committee is putting together the final versions of the five bills that comprise the state budget. These are then sent to the state printer; hard copies and an online version will be available by May 2nd. The entire legislature is scheduled to begin debate on the budget on Wednesday, May 3rd. We are now in the final stretch of the session, and I welcome your communication. 402-471-2620 mdorn@leg.ne.gov

The Legislature is putting in long days to get as many issues discussed as possible. It may seem like we are not going anywhere in this session, but at the same time we have had many important bills before us. These do require careful thought and consideration before votes are cast and I appreciate that part of the process. I do not wish to make any quick decisions on these difficult topics.

My own priority bill, LB 562, has been voted out of committee and on to the floor of the Legislature. LB 562 has a goal of increasing the use of ethanol by expanding access to E-15 at gas stations. Nebraska is the second largest ethanol gas producer yet we rank 45th in consumption with a 9.6% blend rate.

We have every indication that gas prices will continue to rise, placing a greater financial burden on Nebraskans. This bill creates an opportunity to not only save money at the pump and have cleaner air, but also to support an entire value chain. It begins in farmers’ fields and ends in consumer fuel tanks. Utilizing home grown and home processed resources to manufacture economical and environmentally responsible ethanol is a win-win-win for our state.

LB 562 states that beginning January 1, 2024, any new retail motor fuel site built after that date, or existing sites that replace more than 80% of their facilities and infrastructure, shall advertise for sale and offer E-15 through at least 50% of dispensers.

LB 562 also addresses the statewide average ethanol blend rate. E-15 is defined as gasoline that is more than ten percent but no more than fifteen percent ethanol. Presently, the state average blend rate of ethanol is about 9.6%; this bill will increase that up to 14% by the end of 2027, making Nebraska the leader in ethanol blends. Right now, the highest blend is in Minnesota with 12.6% and Iowa is second highest.

E-15 has the potential to be a great boost to the economy and a tremendous help to agriculture, which creates one in every four jobs in Nebraska. In the farm economy, we have a lot of peaks and valleys. So even if the price of corn is higher today, it will drop at some point in the future. Ethanol helps even out those ups and downs and makes the entire state economy more stable.

Regarding two of the bills debated this week, we have seen excellent discussion on both sides. Senators were asking for clarification and receiving respectful responses for the most part, especially on LB 626.

This bill, termed the “heartbeat bill” as it applies to infant development and abortion, saw more people in the Rotunda this week than any time so far this year, with press conferences from both sides. We have been inundated with information from the medical community as well, representing opposite views. I did vote for cloture and advancing LB 626. My concerns are mothers, babies and health care providers – all receiving the consideration, care and protection they need. This will now move to the second of three rounds of debate.

LB 574 would ban doctors from performing gender altering surgeries and offering hormone therapies to individuals younger than 19. An amendment to pare the bill back to just surgery was offered, which was defeated. The bill was advanced but with the caveat that an improved amendment would be negotiated and offered on the next stage. We will wait and see if there is a path forward now, with amendments. Even so, I have had people tell me that there could be court challenges in the future to both LB 626 and LB 574.

One more major bill was taken up this week, LB 753, to give tax credits to donors that fund scholarships to attend private and parochial schools. I did support an amendment for spending and reporting requirements, but overall I am still generally opposed to the concept and the potential effect on the budget. I was present and not voting on the bill’s advancement. The state’s primary obligation, and its constitutional duty, is to provide public education.

Your email, phone calls and messages are appreciated. Contact me at mdorn@leg.ne.gov or call 402-471-2620. Find information and livestream of debate at www.nebraskalegislature.gov Thank you.

The Legislature is working to get as many hours of debate in as possible. This has included some late evening sessions, going past 10 pm once this past week. Good conversations have taken place, interspersed with discussion to purposefully use up time. When this occurs, we are able to have brief meetings and get other work done, so despite the efforts of those filibustering, all is not lost, nor is time completely wasted.

 LB 243, which was amended to include parts of seven other bills, is part of the Governor’s proposal to deal with education and property taxes. The package includes the Education Future fund, and would increase the amount of property tax relief through direct income tax credits. The credits offset part of what a taxpayer paid in property taxes to their school district during the previous year. 

The act will grant roughly $315 million in relief this year and would increase to $388 million for tax year 2024. The fund for these credits would continue to increase annually, reaching $560 million in tax year 2029. After that, it would grow by the percentage increase in the total assessed value of all real property statewide over the prior year.

Some concerns raised during debate questioned whether the amount in the Education Future Fund, combined with other proposed income tax cuts, could leave the state unable to meet obligations to pay for education and tax credits in the future. 

An amendment offered by Sen.Tom Brandt led to some of our best conversations on the floor regarding school funding. It included the $1500 per student foundation aid; but also changed different classes of property for taxation, such as lowering agricultural land down to 42%. The amendment was ultimately defeated.

In LB 243, every school will get $1500 per student and more special education funding, up to 80% of those  costs. The TEEOSA formula will see some changes, but nearly every district should see a decrease in property taxes. There will be an increase in reporting requirements from school districts and a cap lid of 3% with various ways to raise that cap (a super majority of a school board, or 60% approval in a vote of the people). So local control remains, but there is also a great deal more funding coming from the state. 

Funding for special education will grow to more than $250 million, which is nearly double the current amount.. The $1 billion education fund will grow over the next few years, and we will see if that fund is adequate to fulfill  educational needs or if it will need additional appropriations to keep pace with the needs of education in the future.

Another measure amended into this package was LB 783 which ends or limits the community college system’s ability to levy property tax. With removal of that authority, there will be a 3.5% growth rate increase every year of state funding. In this new proposal there will be no property taxes collected for operations. There are still some bonds that will remain, but going forward, most of the costs of community colleges will be picked up by the state.

I visited several times with Dr. Paul Illich of Southeast Community Colleges to gauge the impact on our schools in Beatrice and Lincoln. The bill represents a large amount of property relief for Nebraska, in the amount of $275 to $300 million.

Another major bill, LB 683, would create a broadband office. We have heard several times that federal dollars will not be available to Nebraska unless we have this agency. Amounts vary from $100 million to $400 million from the federal Broadband Equity, Access and Deployment (BEAD) program that our state could be using to build out to the people who really need it. So many areas in the state are severely limited in connectivity; and this is not necessarily restricted to rural areas, even parts of Omaha have this problem. Covid really revealed this lack of broadband when we turned to remote learning, working from home, telehealth, and so on. 

A new broadband office would bring interests together to develop a plan for infrastructure, operation and maintenance. It would also advocate for Nebraska at the federal level in matters of mapping, speed data and regional networks.

LB 683 was also amended with other bills from the Transportation and Telecommunications Committee. Among them were clarifications to grant applications for broadband and prohibitions to using state subsidies for any company that uses equipment from the Chinese company Huawei, which could pose a threat to national security. 

With the resignation of Senator Geist to be able to focus her energy on running for mayor of Lincoln, we welcome new Senator Carolyn Bosn to the Unicameral. She was appointed by Governor Pillen to serve out the remainder of the term in District 25. I wish both of them well as they take on these new responsibilities.

Contact me at any time via email at mdorn@leg.ne.gov or call my office at 402-471-2620.  Easter blessings to you all!

Our schedule at the legislature has been expanded and compressed at the same time. We have adopted an earlier start time and a much later end time, a shorter lunch hour and a quick dinner break. While it does give us more hours for floor debate, it greatly reduces the ability to hold meetings and catch up on calls and correspondence.

The Speaker of the Legislature implemented the change in schedule to gain back some time that is being lost to filibusters. Several controversial bills, including LB 574 and LB 626, have led a group of senators to work within the rules to slow or stop debate as much as possible. A rule change we enacted this week was designed to let more substantive debate occur on the issues by reducing the number of priority motions that could be introduced solely for the purpose of stalling a bill. However, on bills set to come up on the agenda, over 700 new amendments have been filed by those still wishing to slow down the legislature. The votes may be there to move the two bills noted above; but the total number of bills we can address will be drastically reduced simply due to a lack of time.

Even so, we have had some really good debate on the floor about important topics such as a model for statewide behavioral health services, concealed carry permits, broadband expansion and the proposal to lower income tax rates in LB 754. During the eight hours before a cloture vote, there was plenty of discussion about the merits and risks of changing the tax rate.

LB 754 lowers the tax rate to 3.99% on the top two tiers of both individual and corporate income. Today the top individual rate is 6.64% and the top corporate rate is 7.25%. Both will drop to 5.84% by 2027 because of a bill adopted last year. The current bill would drop the rate all the way down to 3.99% in the same time frame.

Other bills were amended into LB 754 as well. Childcare credits would be extended to low income parents and child care providers, this would reduce revenue coming into the state by $35 million. Another part of the bill would eliminate taxes on Social Security benefits by next year. Also related, an amendment would allow income tax on Federal Employees Retirement or Civil Service Retirement annuities to be eliminated by 2024.
Still another amendment deals with expensing and deduction of qualified property for LLCs and corporations. This depreciation was allowed in the past but had sunsetted; the amendment would put it back into law.

The arguments for this income tax proposal are familiar – people move away or stay away from Nebraska due to taxes. Corporations look at energy costs, workforce availability, but also what their employees will be paying for income tax and their own corporate income tax. The premise is you must be competitive to get companies to locate in Nebraska.

Caution lies in the ability of the state to meet obligations after the federal funds from the pandemic programs have ended, and the fact we do not yet know the total loss of state revenue from the provisions of LB 754. In the end the bill had broad support with a vote of 41 to 0, with seven not voting. This was just the first round of debate, there are two more to come before it can be sent to the governor for his signature.

The Appropriations Committee hearings are over but we are meeting in executive session to hammer out the budget. We meet over that hour lunch time and then again in the afternoon while bills are being filibustered. This week we reviewed the agency requests that were presented in January and February, before adding them to the budget package. We still have a lot of funding bills to consider, including major initiatives such as the Perkins County Canal project and corrections proposals.
So far, my priority bill that expands the availability of E-15 Ethanol at gas stations, LB 562, is held up in committee. The bill includes waivers for small or older stations and funds grants to help with equipment upgrades. Ethanol is extremely important to the whole state, the agriculture community, the corn and ethanol industries, the economy and the environment. So we will continue to work on the bill to get it in the best possible form. Yet we also have to consider if the bill would even have time to be taken up on the floor for debate this year. I have been talking with the Speaker about that possibility; the chances are somewhat slim, again due to a lack of time.

No matter the schedule, I appreciate hearing from you. Contact me at mdorn@leg.ne.gov. 402-471-2620. Thank you.

The final week of public hearings in the Legislature is complete. We have also concluded 50 days of this 90 day session. So the work continues at a fast pace, including the fact that seven of my bills had their hearing this week.

Here is a recap of those bills. LB 415 would appropriate $1 million to the Emergency Medical Services Practice and the Statewide Trauma System Acts; and $150,000 for the statewide patient care reporting and trauma registry. Services included are EMS licensing, training, technical assistance and testing. The trauma system provides care, prevention activities, and aims to prevent unnecessary death and disability from trauma and reduce costs.​

The EMS and trauma program began with a bill by the late Senator Dennis Byers, in the “50 Cents for Life” act in the 1990’s. Funding over the years has not stayed consistent, so this bill would direct dollars from the state general fund for the programming. Training and licensing costs about $10,000 per EMS squad across the state. Without this added assistance, the cost inevitably falls back on local fundraisers.

I received my own EMT license in about 1985; back then you needed around 128 hours in the classroom, and that has risen to 200 hours, plus continuing education. Joining an EMT squad today is a tremendous commitment of time, plus passing a difficult test. In some rural areas, there is no one to turn to for medical help without those rural EMT squads. We are so thankful and supportive of those who go through the process in order to give back to their community.

LB 362 was introduced to raise behavioral health provider rates by increases of 5% for Behavioral Health
Aid, Medicaid Expansion and Juvenile Justice through the Supreme Court. We see examples in the news every day of the growing need for these interventions; we also need to recruit and retain competent providers in this field.

A group of bills heard on Thursday, LB 46, LB 128, 129, 130 and 131, all deal with health care services. The first one, LB 46, funds a study of the rates paid to home health care providers, skilled nursing services and private duty nursing services under the Medical Assistance Act. Again, vital resources whether you live in Lincoln or a smaller community in District 30.

The remaining four bills addressed reimbursement rates under Medicaid in Nebraska hospitals for inpatient and outpatient care; nursing homes and assisted living facilities. One of those, LB 130, creates a separate and distinct budgetary program within the Department of Health and Human Services, the Medicaid nursing facility services program.

Reimbursement increases are needed because provider rates have not kept pace with the inflation we have experienced in the past couple of years. Far too many health care centers across the state have had to close. In conversations with Bryan Health, we see that once a level of around 50% of patients are on Medicaid, that’s when hospitals begin to incur loss but cannot refuse care.

When provider rates are too low, the loss is made up for by persons who do have health insurance, through charges made to those insured patients. So this is an area where we can benefit everyone by boosting reimbursements. Safe and stable health facilities, staffed by qualified workers, are crucial to making large and small communities attractive places to live, for people of all ages.
Last week, a constitutional amendment proposal was introduced in committee by Ralson senator, Merv Riepe, to repeal the inheritance tax. LR23CA would have voters decide whether the state and any political subdivision shall continue to levy an inheritance tax. Nebraska is the only state where eliminating the inheritance tax would have no effect on the state’s revenue or income, but would impact counties.

While this sounds like a good idea, the end result is that if those funds are needed, it will fall 100% on property taxes. Inheritance tax began in the early 1900’s. In the 1960’s the taxing authority was given to counties to help with their budget. The amounts collected in each county have grown with property values. Totals vary but in general, Lancaster county gets about $6 million a year which goes into their general budget. Gage county takes in about $600,000 which is used for special projects. Hickory Road north of Beatrice is a good example: without the inheritance tax, it wouldn’t have been completed.

There are only a few states remaining that still have this tax and I am firmly behind eliminating the inheritance tax; but I am also determined to replace that lost revenue for counties with state funding. Without revenue from inheritance tax, a county will need to make up the deficit by cutting services or increasing property tax. I have introduced an amendment to LR23CA that is based on the five-year average of inheritance tax receipts for each county, with reimbursement from the state general fund.

On the floor this week, all of our time was taken up by LB 574. Called the Let Them Grow Act, the bill would prohibit the performance of gender altering procedures for individuals under the age of 19 and allow for civil action to be brought against violators of the act. Very strong feelings were expressed on both sides of this issue, not only this week but in previous debate on unrelated bills. As a result, debate on LB 574 took the full eight hours on General File and required 33 votes to invoke cloture (end debate). I agreed with parts of the bill and felt other sections went too far. An amendment has been filed that bans surgery but retains the therapeutic treatments, which I support. However, I do not know if an amendment is even possible, since opponents of the bill have said they will filibuster the remainder of the session.

With the end of hearings, the hard work for the Appropriations Committee begins. We will review agency budget requests, all bills before the appropriation committee, the Governor’s budget proposal and the state’s ongoing obligations. We also must factor in any Revenue Committee bills that reduce the state’s income. We are required by the state constitution to present a balanced budget on legislative day 70, which falls on May 2nd. With debate scheduled from morning into the evenings, our committee will meet through the lunch hour to hammer out this plan.

As always, I want to hear from you. My contact information is: mdorn@leg.ne.gov, 402-471-2620. Thank you.

It’s been a fun month of basketball for this area. I spent some quality bleacher time the past couple of weekends and it was sure enjoyable to be at the games in person, post covid, and see the boost in economic activity for the city of Lincoln. We want to congratulate all the District 30 boys and girls teams that made it to state – and there were a lot of them – and to Freeman for winning the Boys Class C-2 Championship.

Looking ahead to next week, we hope to get the process moving on debating some bills on the floor. There is finally some consensus between the Speaker and those senators engaging in filibusters, to get specific bills on the schedule. We will also begin to stay into the evening hours for debate, as that is one way to extend the hours available for taking up bills. The Speaker has done a good job of working through the process. There are still a couple of committees hearing bills in the afternoon, with Appropriations being one of those. Once those are completed, we will be on the floor all day long.

LB 401, my bill to expand the Nebraska Mesonet System, was heard by the Appropriations committee on Tuesday. Mesonet is a meteorological term that describes a network of automated weather stations that make hourly observations, and measure and track weather data. These instruments measure the variety of conditions related to drought, flood risks, wind and fire risk, as well as daily management decisions.

The Mesonet has many users; the National Weather Service, the University of Nebraska Climate Office, the Department of Natural Resources, local NRDs, towns and cities, cattlemen and crop producers. In the 1980’s Nebraska was a leader in Mesonet technology. In the 1990’s the state of Oklahoma was interested in establishing a Mesonet network and looked to Nebraska for guidance in setting up their system.

Nebraska has now fallen behind Oklahoma. This is unacceptable. Last year, about one quarter of the sites were shut down, or scheduled for closing. So there is a real fear we could lose all of these automated stations, along with their crucial real time and ongoing climate data. Today a new station costs about $15,000, and the yearly maintenance and technology support is around $2,500.

Besides the fact that this weather data impacts every one of us daily, I believe there are two very important reasons to sustain and expand the mesonet system. First, there are numerous instances of protecting life and property from both wildfires and flooding in just the past couple of years. Secondly, if we want to have an accurate discussion about the climate, we need solid data from a wide area across our state. We can estimate or extrapolate right now about what might be going on in unserved areas, but as we go forward this will be extremely useful information when we have those conversations.

After I introduced LB 401, it became obvious that there are many partners who need to be at the table and develop a long term, sustainable plan for a statewide Mesonet system. I have spoken to a few of those and we agree that the best way forward is to hold the bill in committee over the summer and conduct an interim study with everyone involved. We will be back next year with a strong plan to make Nebraska a leader again in the Mesonet system.

Priority bill designations were due this week. Each senator is allowed one and each committee may designate two. With the limited time remaining in the session, only priority bills will be debated on the floor, and even then, not all bills will be taken up.

A bill prioritized by Sen.Walz of Fremont, LB 516, would create two new grant programs to fund safety related upgrades for Nebraska school buildings, and additional mental health services for students. School shootings across the country motivated Sen.Walz to introduce this bill to pay for infrastructure such as surveillance cameras, door lock systems and double-entry doors. The other portion of the bill would be directed to help schools intervene with mental and behavioral health support to their students. There is also a support for the statewide, anonymous reporting system to support school threat assessment teams. This program is currently funded with federal dollars, which will run out by the end of the next fiscal year. The ultimate goal is to make schools safer and to deal with the mental health issues that figure into that.

My final seven bills will all be heard in committee in the coming days. All of these bills deal with health care in some way. I feel it is vitally important to support our caregivers and facilities, not just in our major population areas, but also our rural communities. These bills cover emergency services, behavioral health, Medicaid assisted living and nursing facilities and inpatient/outpatient care; and a study of provider rates.

I hope you can see from these weekly updates that senators are faced with an incredible range of subject matter. Your input makes a difference in helping us learn about the issues. Contact me any time at mdorn@leg.ne.gov or call 402-471-2620. Check the Unicameral website at www.nebraskalegislature.gov

The month of March brings many visitors to the Capitol who are in Lincoln to attend state athletic tournaments and fine arts competitions. I have appreciated getting to see both new and familiar faces around the Rotunda.

With news of the final payment in the federal judgment of the “Beatrice 6” case by the Gage County Board, all of those involved have felt a tremendous amount of relief. We are grateful for some degree of closure for the Helen Wilson family first, the six defendants and everyone in Gage County.

Between sales tax collected, the state allocation of $4 million, an insurance settlement and property tax, the county was able to retire this debt much earlier than anticipated. The Gage County Board of Supervisors, Clerk Dawn Hill and many others worked very hard on this issue for a lot of years. As board member Gary Lytle said, you really don’t know whether to celebrate or cry. It is deeply emotional on a lot of levels. But I do want to be sure to extend my thanks to everyone who helped with this.

Regarding the two bills I introduced previously that dealt with the Beatrice 6 case, I found that in moving from the county board to the Legislature, there is an unbelievable learning curve in your first year. You must familiarize yourself with the process it takes to develop a bill, get it through the committee hearing, and work the bill on the floor. Then in one instance, the Governor vetoed a bill, so we had to learn how to take up an override. I just knew my intent and my passion was to keep the judgment from being paid entirely by property taxes. In fact, the idea of the entire settlement resting on property tax was something that resonated with other senators and helped the bills be successful in passing. As I said, it is a relief to be finished with the monetary settlement of this case.

Another success story from past legislation has to do with our local rescue squads and rural fire districts. Last year a little over a billion dollars in American Rescue Plan Act (ARPA) funding was allocated by the Legislature. Along with the Governor’s proposal of funding $20 million for ambulances, I had a bill for equipment funding of $5 million. As the pandemic unfolded, we knew we needed to help our rural emergency departments with this money.

The supply chain adversely affected the cost and timeline of replacing an ambulance; a new one costs well over $300,000. After an application and evaluation process, several of our District 30 and neighboring communities were able to benefit from the ARPA program. These communities received $150,000 towards ambulance replacement: Tecumseh, Bennet, Exeter, Firth, Daykin, Douglas, Diller and DeWitt. Awarded $75,000 were: Palmyra, Adams, Wilber, Clatonia, Hallam, Wymore, Hickman, Crete and Beatrice.

Awards for EMS equipment were also given out. Tecumseh, Sterling, Wilber, and Plymouth received $49,999 and DeWitt was awarded $37,430 towards medical equipment. The total list of ARPA funded squads spans the entire state. Community fundraisers are often held to try to cover their substantial costs. While the award amounts won’t cover all the needs, these federal dollars are certainly welcome. Without our rescue squads and fire departments nearby, results could be catastrophic, so we need to keep these local services viable.

In current legislation, my bill LB 564 to expand the Economic Opportunity Program, was heard by the Transportation Committee this week. The program has been used to build rail spurs, pave county roads, build turn lanes and improve existing roads to attract new business. It has already benefited several enterprises across the state.

The idea for this bill was brought to me by the Nebraska Dairy Association, as they are looking at the possibility of a dairy processor and some large dairies coming into the state. For instance, a ten thousand head dairy would probably be located several miles from an urban area, so roads become an issue for heavy transportation of milk, feed and livestock, and workers. A dairy facility of this size could generate $1.7 billion in economic impact.

LB 564 adds livestock production and processing operations to businesses eligible for this program. Applicants must show the potential economic benefit to Nebraska. Counties and business entities would work together to apply for this financial assistance.

I have signed on to LR 22CA as a co-sponsor, a constitutional amendment that would allow a state senator to serve three terms instead of just two. If the legislature approves this, it would be on the ballot in November of 2024, and voters would decide. As a new state senator, I was very glad to have experienced staff with institutional knowledge of the legislature. I mentioned the enormous learning curve earlier; there is also a great deal of responsibility. So the concept of LR 22CA is to have a greater number of senators with more of that historical perspective, who can serve more effectively and efficiently as a representative of a district, yet still be limited in terms.

Your input is important to me as we consider the bills and issues before the Legislature. Contact me at 402-471-2620 or send email to mdorn@leg.ne.gov. Thank you.

Statehood Day was March 1st, Happy 156th Nebraska! We all look forward to another great year for our great state.

The Nebraska Economic Forecasting Advisory Board convenes four times per year and had their most recent meeting last Friday. The panel did not change their state revenue estimates from the previous projections last October. Some tax receipts have shown a little bit of a decline but all in all, are still very strong. Our legislative fiscal office helps supply information to the forecasting board, and their data did show some evidence for lowering estimates a little bit. The forecasting board will meet again in April, just prior to the 70th day of the legislative session, which is the day we must present the Appropriations Committee budget to the floor. As a committee, we will use their forecast to confirm our numbers in the budget for this fiscal year.

We do have a very robust rainy day fund right now; with no spending it would stand at $2.3 billion at the end of June. But to put this in perspective, four years ago, that number was just $300 million. Obviously, there has been tremendous growth in state revenue in recent years. But as I visit with senators on the floor, there is concern for the long term viability of the fund; and long term fiscal responsibility of its use. I am hearing more senators express the desire to maintain a strong rainy day fund, while meeting our state obligations and funding a few new projects. So that is all part of the discussion as we create a budget in the Appropriations Committee.

Last year we passed my bill, the Precision Agriculture Infrastructure Grant Program, to enhance broadband connectivity for technical soil and water equipment for farmers and ranchers. It was included in a large bill from the Transportation and Telecommunications Committee. At that time, we expected funding to come from BEAD (Broadband Equity Access Deployment) federal dollars. As the new law was implemented by the Public Service Commission, it was determined that the fund could only be used for the broadband portion of the program and not technical equipment. So this year I introduced LB 361, heard in committee this week, to add $1 million each year from general funds to expedite the technology portion of the program, and $1 million for broadband expansion, which can be reimbursed to the state through BEAD funding. The PSC did vote unanimously to support this bill, and we had excellent testimony from area farmers..

Also heard in committee, LB 563 would appropriate $250,000 for the next two fiscal years, to the Nebraska State Historical Society to contract with programs that provide education and technical expertise related to downtown or mainstreet revitalization, business growth, and historic preservation. The Main Street Nebraska Network program is one of those, with participating communities in Beatrice, Cortland, Falls City, Fremont, Grand Island, Grant, Hastings, Lexington, Minden, Neligh, North Platte, Papillion, Schuyler, Tekamah, Wayne, Weeping Water and York at this time.

I introduced LB 563 to expand on the success experienced in District 30. Testimony on the bill was given by Michael Sothan of Main Street Beatrice. He did a great job explaining how Beatrice utilizes this program, demonstrated by a net gain of 30 new businesses in the past decade. In fact, Beatrice has one of the most successful Main Street programs in the state.

Other bills of interest to the district were heard by committees this week. LB 703 would create a Nebraska expressway program comparable to the one used to complete the South Beltway. Right now, east of Columbus, only part of a two lane to four lane expansion has been completed. A couple of those lanes end in a cornfield, and they would really like to get that finished. I am okay with this bill. We learned in the South Beltway project that costs are increasing at rates of 10-12% every year. If we wait 20 years the cost could double or triple. Expanding and improving the state highway system is vital to agriculture, manufacturing and transportation. There are several areas across Nebraska with similar needs, and now with the South Beltway done, the next logical discussion is tackling the East Beltway project.

A bill to impose a tax on e-cigarettes and vaping devices was proposed in LB 584. Other than sales tax, we don’t have a tax on vaping products. Studies have shown that as you increase tax, usage goes down. I am very much in favor of that. In addition, our fiscal office estimates $1.3 to 1.5 million in tax revenue would come into the state from this tax.

Students have told me how e-cigarette usage has grown exponentially in the high schools, and I appreciate that students were concerned and would come to the Capital to visit with me about that. In another instance, I was working late in my office one evening during the previous session and a person on the Capitol cleaning crew explained a lot about e-cigarettes and vaping to me. We need to be mindful of how and why this increase is happening, what that means for future use of cigarettes and other products, and how this will affect overall health in coming years.

In floor debate, only a couple of bills have been discussed in depth. LB 77 would allow persons 21 and older to carry a concealed weapon without a permit. Right now the law requires a $100 fee for a permit, and several hours of training. LB 77 would eliminate the permit, fee and training. Any one who wants to purchase a gun in Nebraska has to have a background check and I want to emphasize that LB 77 would not take away that requirement. An amendment to the bill has made it slightly more palatable to some law enforcement; and another amendment does increase criminal penalties. We have had good debate on the aspects of the bill itself, which I feel has been worthwhile. There were enough votes to end the filibuster, and LB 77 advanced to the second round of debate on a vote of 34 to 11.

As always, I encourage you to contact me with your comments, opinions and suggestions. My phone number is 402-471-2620. My email address is mdorn@leg.ne.gov. Thank you.

We have completed the last full week of February here in the Legislature. The schedule of morning debate on the floor and afternoon public hearings continues for a few more weeks. At times the days seem long, but the session is racing by.

LB 45, my bill to help revitalize rural communities, was heard on Tuesday by the Urban Affairs Committee. I want to give credit to Senator Tom Brandt who basically co-sponsored this legislation. This bill, which we call ReRun, got its start in Hebron last summer, when we were invited to tour their downtown. We had a large group of interested people and ended up visiting several towns, and hearing from many more.

We learned there are many small rural communities with deteriorating structures which are not only eyesores, but are potentially hazardous. The cost of demolition is just too great for these towns and villages to afford. We are talking about towns, termed cities of the second class, with fewer than 5,000 people, and villages below 800 in population. These locales want to keep their towns beautiful and maintain their commercial center, no matter how small it may be.

LB 45 creates the Revitalize Rural Nebraska (ReRun) grant program, to be administered by the Nebraska Department of Environment and Energy. It would appropriate $10 million and communities could apply for monetary assistance to demolish these buildings. If a grant is awarded, the town or village must match at a rate between 10 and 20% based on population, and has two years to use it. If money remains in the fund then a city of the first class (5,000 to 100,000 population) can apply for any that is left. The bill does protect structures on the National Register of Historic Places. I hope to see this moved to the General File very soon.

I have a simple bill waiting on the agenda to be heard on the General File (first round debate). LB 47 was brought to me by the fire chief in Panama. In 2020, legislation was passed to allow small towns and villages to post public notices in three conspicuous places in their area as an alternative to using print media. When that bill passed several years ago, they did not include rural fire districts. So this bill simply adds rural fire and suburban fire protection districts to the list, which have limited budgets. Of course, these entities may still publish notices in their local papers if they wish.

The Legislature heard the annual report from Nebraska Supreme Court Chief Justice, Mike Heavican, this week. His address included prison facilities, the needs of children, minority defendants and the challenges of mental health.

Statistics show there are 14,000 adults and 2,500 juveniles on probation at any given time. This has an effect on our state in several ways. The average cost to supervise an adult on probation is $5,500 per year, compared to a cost of $42,000 a year to incarcerate that person. Probation also keeps people employed, engaged in society and close to their family and local support system in ways that imprisonment does not.

Another recent innovation of the judicial system has been specialty courts. These focus on specific problems such as drug and alcohol addition, veterans treatments and of course, children, youth and families. A lot of success has been achieved with these courts and we need more of these outcomes. Communication is also a problem for our court system. The Chief Justice said there were 46 different languages interpreted in court proceedings in the past year.

Mental health is a major issue in our justice system, here and all across the country. This became increasingly apparent in the past few years, and especially during covid. Our jails and prisons are not meant to be used as mental health facilities. We need to confront that and get these individuals to places where they can get the help they need.

The Lincoln Regional Center has a present backlog of six months to do mental health evaluations. If we can get that down to at least three months and move people into treatment, that will go a long way in alleviating this problem. It will benefit not just offenders but the members of our community who put their lives on the line and work in the justice system as well.

LB 299 was debated this week by the full Legislature. It would ensure voters can approve interlocal bond agreements to pay for the construction of school buildings.

Residents of Beatrice are aware of the interlocal agreement between ESU 5 and Beatrice Public Schools (BPS). After failing twice to pass a bond issue; the school partnered with the ESU. Other schools in Nebraska have used this arrangement as well. Under current statute, any school can use up to 14 cents of levy for capital construction. Originally, this allowed for a funding source for things such as a new HVAC system or other expensive repairs. The caveat is that the 14 cents fall within their levy cap of $1.05. So BPS is using that 14 cents of levy to pay for construction through the interlocal agreement with the ESU .

I have reached out to people on both sides of this issue; and the primary concern was the lack of a vote on something with such long term funding ramifications. LB 299 would still allow interlocal agreements like this to be possible, but it eliminates the option of proceeding without a vote, and I support this concept.

In Appropriations, we are continuing with agency reports and hearings on bills. When I started as a senator just over four years ago, the state’s “rainy day fund” was at $300M. That amount was as low as we would ever want to see it. Now, if we didn’t spend any money, along with federal relief dollars coming into the state, strong revenue receipts and if revenue meets the forecasting board projections at the end of the fiscal year, we would have $2.3 billion in that fund on July 1st.

However, there are numerous proposals for spending. I have heard numbers that range up to $4 billion worth of ask. There are a lot of good ideas in these bills, I do know that. But I continue to look at it from a long term perspective. We need to make sure we are financially sound as a state four years from now. If we over-appropriate today, we will have big concerns in the future, if or when revenue drops again. We simply must be wise in our state expenditures.

I welcome your thoughts, comments and ideas. You can contact me by calling 402-471-2620; emailing mdorn@leg.ne.gov, or sending mail to District 30, PO Box 94604, Lincoln, NE 68509-4604. Thank you.

One third of the 90 day session is complete. The Thursday snow storm did not stop the Legislature from convening, but it does create a difficult situation for anyone wishing to testify at a committee hearing. If conditions like this occur, please remember you can view all proceedings via nebraskapublicmedia.org; and you can submit written testimony on the Unicameral website: nebraskalegislature.gov. Enter the bill number on the right hand side of the page, and then click on the “submit testimony” button. The site includes additional information and guidelines for submission.

 At this point we have debate on the floor in the mornings, and the committees are in full swing with afternoon hearings and executive sessions to discuss the bills already heard. We have around five more weeks of hearings yet to go. Thus far, three of my bills have been presented before committees but we are still waiting for those to be moved to the floor for first round debate.

I have designated LB 562 as my priority bill. This is the measure to increase the accessibility of E15 ethanol across Nebraska. It was heard by the Ag Committee and I am hoping they will move it to the floor next week. We have been in discussions with various interested parties about some amendments to make it work better for both retailers and consumers. 

Many gubernatorial appointments have to be confirmed by the full Legislature. People seeking these appointments go before the legislative committee that oversees that specific subject area; the committee then advances their recommendations to the floor for a confirmation vote. We rely on the committee to do their due diligence and research on those individuals. This week we spent several hours discussing various appointments, with the bulk of our time spent on the Natural Resources Committee recommendation of Jim Macy to continue to serve as director of the Department of Environment and Energy.

We have released a preliminary budget report in the Appropriations Committee. You can find it at https://nebraskalegislature.gov/pdf/reports/fiscal/2023prelim.pdf. This document is just a starting point and will definitely change as we go along. This report was due on the 15th of February; the Governor will need to submit his by the 25th. There is a difference between those two proposals for various reasons.

As an Appropriations Committee, we have been getting updates from our legislative fiscal office on the revenue and expenditures of the state. We also hear from each state agency and review their budget requests. These range from the Department of Health and Human Services, which by far has the most employees and the largest budget, to entities such as the Dry Edible Bean Board located in the Panhandle. 

The Governor’s budget does not include all of the funding requests introduced by individual senators. In addition, an item that was not included in Governor Pillen’s initial budget plan was the state employee union negotiation for wages and benefits. His final budget proposal will reflect that and bring the two proposals a little  closer together. 

In our committee, we have already approved a few items, such as the property tax credit fund, and we have temporarily earmarked some project funding such as the Perkins County Canal. Our committee budget also leaves room for about $460 million for senator’s bills on the floor. By legislative day 70, we must have our budget to the floor, and by day 80 that budget must be passed. After that, the other bills that request funding will be considered.

Medical marijuana legislation has been brought forward several years now. I wouldn’t have supported the original bill from previous sessions, but in recent years the proponents have tightened up the bill and worked with doctors to get their support. That said, I will not support recreational marijuana. But we are one of just a few states that do not authorize medical marijuana. The current bill requires that you see a doctor to obtain a prescription, so it will be regulated. I don’t yet have a good read on how a vote on this issue might turn out, and don’t know what opportunity there is for the bill to pass. 

Several judicial reform bills are still pending before the committee. Last year a list of 21 reforms were recommended from a study of our state corrections programs; but four of those became a sticking point for several senators and as a result, the whole bill (LB920) failed to pass.  An act introduced this year, LB473, brought by Senator Geist would create a grant pilot program to create a safe and secure treatment center for juveniles in Nebraska. The treatment center would provide family outreach, mental health and other treatment, education and family reunification services to get youth back on the right path. The goal is to provide more opportunities, utilize diversion and avoid detention. Senator Geist has been visiting with Senators McKinney and Wayne and others about how to solve some of our correction issues. Sen. McKinney has been very vocal about not building a new prison until we address some of these factors ahead of time. He contends that building a new prison won’t solve our problems and I agree with that. We do have funding set aside for constructing corrections facilities but have not yet approved its expenditure.

As we take up these important issues in debate, I welcome your comments. Call me at 402-471-2620. Send email to mdorn@leg.ne.gov. I look forward to hearing from you.