NEBRASKA LEGISLATURE

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Mike Jacobson

Sen. Mike Jacobson

District 42

The content of these pages is developed and maintained by, and is the sole responsibility of, the individual senator's office and may not reflect the views of the Nebraska Legislature. Questions and comments about the content should be directed to the senator's office at mjacobson@leg.ne.gov

Bill introduction came to an end last week with 812 bills and over two dozen constitutional amendments introduced. We also adopted the permanent rules for how the Legislature will operate this biennium. Although there were many proposed changes, those advanced from the Rules Committee were fairly non-controversial; however, there may be two more rule changes offered in the coming weeks which will be highly contested. Until then, we are moving on to committee hearings. Unlike many states, all bills get a public hearing in the Nebraska Legislature. On Monday, January 23, committees will begin taking comments on the bills in their jurisdiction. Committees must complete all hearings by March 24. Hearings must be scheduled a week in advance and the public may participate by testifying in person or submitting comments through the Legislature’s website.

The Urban Affairs Committee has scheduled two of my bills for hearing on January 31. The first bill is LB33, a clean-up bill that clarifies when the mayor of a city of the first class (population of 5,001-100,000) can vote to break a tie. This issue came to my attention when the City of North Platte was voting to place the recreation center bond issue on the November ballot. LB33 would clarify a mayor may break a tie when one or more of the council members are absent, but does not allow the mayor to vote to create a super-majority.

The second bill is LB98. This bill makes three changes to the Micro-TIF statutes. First, the bill would permit cities other than Lincoln and Omaha to conduct a large “blight and substandard” study but then only declare certain individual lots as blighted and substandard to allow the TIF funds to be more targeted. Second, LB98 allows a city to limit the number of redevelopment plans approved in any one year. Third, and most importantly, the bill directs TIF proceeds to the holder of the note instead of the owner of the home. This is a necessary change so the developers who remodel a home under this program can retain the TIF proceeds if they subsequently sell the home. If the proceeds go to the note holder, the developer can then pledge the note to a lender just as they can with the other TIF programs and have those funds available to use to complete the project. In the past, updates to the Micro-TIF program have gotten strong support in the Legislature. With a large group of incoming Senators, it will be important that everyone understands how the program works now and the many benefits of my proposed changes.

I am pleased to have early hearing dates for both LB33 and LB98 and do not expect either bill to be controversial. I am hopeful that these bills will either be eligible for the consent calendar or be included in a committee omnibus bill so I can use my priority bill designation on another proposal.

I will keep you informed each week regarding upcoming bill hearings of interest. I would also invite you to join my weekly call with the North Platte Area Chamber and Development Corporation. Please contact the Chamber directly at 308-532-4966 to get the updated times and call-in information.

Although things are somewhat slow at this point, that will soon change. From January 30 to February 10, we will hold bill hearings in the morning and afternoon, after which we will begin floor debate in earnest. I remain focused on delivering results for District 42 and look forward to a busy session!

As legislation and other issues arise, please feel free to reach out to me at mjacobson@leg.ne.gov or 402-471-2729. My door is always open!

It has been a busy week in the Legislature. The Unicameral kicked off the week by picking up with the debate regarding approving the Committee on Committees report, which makes committee membership assignments. The tone of the debate is an early indication of the strong divisiveness that we are seeing in the body. Although the Legislature is nonpartisan, there will be a clear divide between the 32 conservatives and 17 progressives on controversial issues. And, since it takes 33 votes to invoke cloture (stop a filibuster), controversial bills may have a hard time getting to a vote. A motion for cloture is only accepted after full and fair debate, which is eight hours on the first round of debate (general file). The more filibusters we have, the slower things get done. This makes it important to get any relatively non-controversial bills out of committee and on the floor early.

Once the Committee on Committees report was approved, the committees could begin their business. I am happy to report that I will be serving on two standing committees: the Banking, Commerce, and Insurance Committee and the Natural Resources Committee. I was also appointed to the Performance Audit Special Committee and the Statewide Tourism And Recreational Water Access and Resource Sustainability (STAR WARS) Special Committee. I was very honored to be selected by my fellow committee members as Vice Chair of both the Banking, Commerce, and Insurance Committee and the Performance Audit Special Committee. I look forward to working on bills related to economic development, health insurance, water, energy, tourism, and state agency oversight through my service on these committees.

The Legislature also continued with bill introduction this week. To date, over 460 bills have been introduced and two days remain to introduce legislation. If history is any indication, we could see 200-300 bills introduced on Day 9 and Day 10. In addition to statutory changes, over a dozen constitutional amendments have been submitted. If passed by the Legislature, a constitutional amendment would then appear on a ballot to be considered by the voters. Remember, all bills will get a public hearing and committees will start holding bill hearings on January 23.

Senators and committees have until March 14 to select their priority bills. Each Senator gets one priority and each committee two priorities. Speaker Arch will also get to designate up to 25 bills as Speaker priorities. Because there is such a limited number of priority bills, it is important not to waste your designation by prioritizing a bill that will stall in committee. Furthermore, it is sometimes possible to attach a bill to another priority bill through an amendment without having to designate the bill individually as a priority. I will be looking for paths to a priority designation for all of my legislation and need your help in supporting my initiatives.

I have introduced ten bills and co-sponsored another 14. I have tried to focus my efforts on issues that will have a direct impact on District 42. As promised, the first bill that I introduced was LB31 which is the two-person train crew bill. LB31 will face opposition from the railroads, so I encourage those who support this bill to provide oral testimony or submit written comments once a hearing is scheduled by the Transportation and Telecommunications Committee. I am already reaching out to the committee members to encourage them to advance this important bill to the full Legislature so we can debate the merits of this important legislation.

Although bill introduction will not end until Wednesday, January 18, any bill language sent to the bill drafters next week will likely not have enough time to be put into final bill form. However, please continue to reach out with specific issues you would like reviewed. It may be possible to get these issues addressed by amending an introduced bill, or it may be our first great idea for 2024.

In this column, I will share important updates on my legislation and other bills of interest. The public is also invited to join my weekly call with the North Platte Area Chamber of Commerce and Development, where I will answer questions and provide live updates. If you are interested in joining this call, please contact the Chamber at (308) 532-4966. The first call will be held at 8:30 a.m. on Thursday, January 19. Subsequent call times may change as participants settle on the best day to meet. If others would like to schedule a regular forum in your area, please contact me to discuss times. It is important to me to hear from my constituents so I can better work on your behalf.

I look forward to a very busy session. As legislation and issues arise, please feel free to reach out to me at mjacobson@leg.ne.gov or 402-471-2729. My door is always open!

The first week of the Legislature is under our belt and we got a good taste of how the session might go. After all the ceremonial activities, we spent the first day approving temporary rules and electing the new leadership and committee chairs.

I was happy to be elected by my peers in the third caucus to serve on the Committee on Committees. This committee consists of 13 members, one chairperson and four from each of the three caucuses (generally aligning with Nebraska’s three Congressional Districts). The role of the Committee on Committees is to determine committee membership for the next two years. This can be a complicated process because committees meet on different days of the week and each Senator must have a committee assignment for each day of the week. In addition, there needs to be representation from each caucus on all of the committees.

As a general rule, committee assignments are based on committee preferences submitted by each Senator, seniority, expertise, and membership balance among the caucuses. Although the Legislature is a non-partisan body, there has always been a tendency to balance committees based on the conservative or liberal leanings of the individual committee members for key committees. Caucuses add members on a rotating basis as the Committee on Committees does its work. For example, if the chair of a committee is from the third caucus, the first caucus will have the first selection for the next member of that committee. This is followed by the second and the third caucuses, until the committee is filled. After this process is completed, the entire Committee on Committees votes to release a preliminary report. The next day, the Committee meets again to make any final adjustments based on trades that the members of the Legislature may have requested since the initial report was released. Political jockeying can make this process controversial; in the end, however, the Committee must approve any changes by a majority vote.

This year, the final report from the Committee on Committees was released for approval by the Unicameral on Friday. The report cannot be amended on the floor, so the Unicameral can either vote to accept the report or return it to the Committee for changes. This session, there was a motion to return the report to the Committee because some Senators were unhappy with the Committee’s handling of change requests and the Legislature adjourned on Friday with this issue still unresolved.

The Legislature will take the final Committee on Committee report back up on Monday. I expect the full body to ultimately approve the report. Once finalized, committee chairs can set up initial meetings of their committees to select vice-chairs and prepare for upcoming hearings.

In addition to leadership and committee selection, Senators and Committees begin introducing the bills that will be considered in 2023. In the first week, 145 bills and seven constitutional amendments were filed. I introduced five bills, including one to require two-person train crews, and have at least a couple more to file. Senators and Committees can continue to introduce bills through Day 10, which is scheduled to fall on January 18. As bills are introduced, the Reference Committee meets to assign bills to the standing committee with jurisdiction over the topic. From there, committee chairs will schedule hearings for all of the bills referred to their committee sometime between January 23 and March 24.

Although every bill gets a committee hearing, not every bill will be voted on by a committee, much less advance to the floor for consideration by the full Legislature. If you are interested in a specific bill, I encourage you to participate in the hearing process by testifying, submitting written comments for the record, or watching the bill’s hearing. All floor debates and committee hearings are live-streamed by Nebraska Public Media.

After a busy week, Julie and I had the privilege of attending the Inaugural Ball for Governor Jim Pillen. I look forward to working with Governor Pillen and his staff as we move forward together to do the people’s work. The theme of the Governor’s address was Day by Day, based on a message that he heard from Coach Tom Osborne when Governor Pillen was a member of the Husker football team. I would like to join Governor Pillen in thanking Governor Pete Ricketts for all of his work done on behalf of the State of Nebraska, particularly through the COVID-19 pandemic. He did an outstanding job of leading our state over the past eight years and left the state in a great fiscal position. I wish him the best in his future endeavors.

In closing, I want to acknowledge all the ranchers who have been dealing with the winter storms in recent weeks. My prayers are with you and your operations; please know I remain available to help facilitate any additional assistance you may need to get access to feed and care for your cattle. Both Governor Ricketts and Governor Pillen have been helpful in mobilizing additional state resources to clear county roads. Governor Pillen has assured me that they will continue to have your backs.

I look forward to hearing from constituents about the bills we will be working on this year. Please feel free to reach out to me at mjacobson@leg.ne.gov or 402-471-2729 with your opinions and stories.

The 108th biennium of the Nebraska Legislature begins at 10:00 a.m. on Wednesday, January 4, 2023. The first item of business will be to appoint temporary presiding officers (the Clerk and Sergeant at Arms), then escort the Chief Justice in to swear in all the newly elected members of the Legislature. We will then adopt “temporary rules” which will be used to conduct the first day’s business and typically mirror the rules adopted by the previous legislature.

Once sworn in, the Legislature will elect a new Clerk of the Legislature, as Patrick J. O’Donnell is retiring, as well as the Assistant Clerks and the Chief Sergeant at Arms. This will be followed by the election of the new Speaker of the Legislature and members of the Executive Board. Next, Chairs of the Unicameral’s 14 Standing Committee Chairs and additional Special and Select Committee Chairs will be elected. Senators will also have the opportunity to introduce bills on Day 1.

The Committee on Committees cannot meet to work out which Senators will serve on which committees until the Chairs of the Committees have been selected. In addition, office assignments depend on Chair selections, so there will be much reshuffling during the first few days of the Legislative Session.

Senators must have all their bills introduced by Day 10, which is scheduled to fall on January 18. As bills are introduced, they are referred to the committee of jurisdiction by the Referencing Committee, which consists of the members of the Executive Board. All bills will have a public hearing at which the public, stakeholders, and industry can weigh in on the merits of the bill. Although every bill gets a hearing, not every bill gets a vote. Ultimately, the chair determines what bills the committee votes on, and the members of the committee decide whether the bill advances to the full legislature for consideration. The chair also determines which bills receive the committee’s two priority designations. Although most bills advance from a committee before they are debated on the floor, it is possible for the body to “pull” a bill from a committee with 30 votes. This mechanism is used rarely, and usually for controversial legislation stalled in committee.

If a bill is voted out of committee, the bill advances for debate by the whole legislature. Those with a priority designation, either from an individual Senator, a committee, or the Speaker, move to the top of the queue. However, the Speaker of the Legislature ultimately sets the agenda for each day and often schedules bills out of order to better manage the body’s schedule. A bill must then pass three rounds of debate (General File, Select File, and Final Reading) before it becomes law. It takes 25 votes (a majority) to advance a bill, but 33 votes to end a filibuster. Any bills that fail to advance during this coming 90-day session will be carried over to next year’s 60-day session.

Currently, I plan to introduce six bills, including a bill to require railroads to maintain a two-person crew while moving freight along the rail system. Although I am a business person who believes in the free market and limited government interference, I believe this policy is necessary to ensure public and worker safety. The railroads want to experiment with stationary conductors working from their homes along the track, but this plan fails to account for problems that could arise if the engineer has a health issue along the route. It also will not provide a short enough response time if there is a time-sensitive emergency; for example, being the first responder at an accident or taking care of the duties involved in “breaking” a train to unblock a rail crossing should the train need to stop for an extended period of time.

Blocked crossings create public safety issues when first responders and the general public cannot access one, two, or three crossings at the same time. Additionally, there have been multiple reports of children dragging their bicycles under the train to get through. Any sudden movement of the train at that point could result in disaster. In the end, safety should be a priority and should not and cannot be compromised. Every regulated business (banks, hospitals, nursing homes, power plants, packing plants, manufacturers, and many others) are required to maintain safety protocols for their workers and customers. The railroads should be no exception.

I will spend the next few weeks updating you on bills of interest and will look forward to your input. I also encourage you to be engaged in the committee review process by testifying or submitting comments in support or opposition to legislation.

It is an honor to serve as your District 42 State Senator. Please feel free to reach out to my office at 402-471-2729 or by email at mjacobson@leg.ne.gov. My door is always open!

As the Legislature readies for the 108th biennium, many have their wish list of goals completed for the coming two years. As a rural Senator, I have heard loud and clear the call to further reduce property taxes. I hear it from farmers, I hear it from seniors, and I hear it from businesses. I have also read articles suggesting that the Legislature needs to “find the courage” to reduce property taxes. So, let me be clear; I hear you!

The first step to tax reform is understanding what we are already doing, including how property taxes are assessed, who assesses them, and what role the Legislature can and cannot play in reducing property taxes.

The State of Nebraska does not assess or collect a property tax. Property taxes are ONLY assessed by LOCAL political subdivisions. School districts account for the largest portion of the property tax requests and, generally, for more than 50% of the property tax bill. Although conservative spending is important for reducing taxes, many local school boards will tell you they face many challenges when crafting a responsible budget.

A huge portion of school district budgets are consumed by payroll costs to hire the teachers and administrators. Nebraska’s teacher shortage means sometimes districts have no choice but to enhance teacher salaries and benefits to fill the void. In addition, salaries must meet certain minimums to avoid an appeal to the Court of Industrial Relations and there are multiple Federal and State mandates that public schools also must meet. Of course, the cost of maintaining facilities, buses, and activities are also necessary components of the budget.

So, what can the Legislature do to help? The best thing we can do is work hand-in-hand with local governments, educational institutions, and industries to grow Nebraska’s economy. That includes ensuring we have a skilled workforce, creating a climate to start and grow small businesses, and expanding opportunities to attract and expand major corporations.

As we work to grow our state, there are other measures we can also take to ease the burden on property tax payers. First, the Legislature can fix the TEEOSA formula to provide more state aid to rural “equalized” school districts. This of course will mean either taking aid from urban schools, which would require the support from urban senators, or create a mechanism to provide additional aid. If we do the latter, where will the funding come from? If that answer is to raise the sales tax rate or reduce sales tax exemptions, then how much do we increase the sales tax or what exemptions do we eliminate? How do th​​ose new taxes impact seniors and farmers? We could also raise income taxes, but since our income tax rates are by far the highest of any state in the region, this is clearly a nonstarter if you are planning to get 33 votes to force a vote.

As an alternative to increasing state funding for schools, the Legislature could reduce state mandates such as requiring certain course work to be offered outside of core subjects like reading, writing, math, and science. In many cases, additional mandated courses require more teachers to be hired even when they are already in short supply or not available at all.

Finally, we could try to rebalance how we tax real estate. Ideas could include: reducing the rate at which agricultural land is taxed (currently 75% of market value). We could also look at taxing all real estate based on income produced from the land instead of based on its value. Ranchers are especially feeling the burden of property taxes this year because rainfall is short and they cannot maintain normal stocking rates. Additionally, dryland farmers in years like this literally produce no crop, but continue to pay property taxes as if the land was producing.

No matter what the plan,​​ it must be able to elicit wide support. Although it takes 25 votes to pass a bill, 33 votes are required to end a filibuster. If history is any indication, we can expect any changes to sales tax rates, school funding, or property taxes to attract a filibuster. This will mean taking strategic steps to create a plan and rally votes from a div​​erse group of senators.

Fortunately, we know it can be done. The Legislature’s passage of LB​873​ in 2022 made huge strides in reducing the net tax liability for all Nebraskans. Not only did we approve the full phase-out of the state tax on Social Security, but the Legislature also approved a reduction in the top income tax rate for individuals and corporations over the next few years. Most importantly, the Legislature approved an income tax rebate based on the amount of property taxes paid toward the relevant public school and community college. In 2022, property tax payers could receive a 30% rebate, up from 25% in 2021. The rebate must be claimed when you file your income tax paperwork. If you do not file an income tax return, you can go to the Nebraska Department of Revenue’s and download a form to claim the rebate.

In the end, I will do all I can to accomplish further reductions in your tax liability. It has nothing to do with “courage” but everything to do with “perseverance” and strategy. If you have any questions or comments regarding property taxes or the income tax rebate, please feel free to reach out to me at 402-471-2729, or email me at mjacobson@leg.ne.gov. My door is always open!

You may have heard of the term “ESG” and wondered what does it mean? That answer is important for everyone to know, as we see this movement gaining steam. ESG is the acronym for Environmental, Social, and Governance. Certain investors and large, publicly-traded financial institutions are using ESG scores or ratings to determine whether a corporation is “socially responsible” and therefore whether they are worthy of investing in or offering services to.

The key focus of ES​G​ is to advance the United Nations Sustainable Development Goals, which include climate action, clean energy, gender equality, and responsible consumption and production. Although we all can agree that we want to protect the environment, stop discrimination, and encourage diversity ESG goes well beyond simply recommending that companies follow these principle​s. Instead, ESG is being used to force corporate policy changes, even if it is at the expense of an investment or financial firm’s fiduciary duty to its clients.

ESG suggests that two princip​le​s should exist in corporate America: (1) Corporate officers and directors should advance the interests of all corporate “stakeholders,” not just “shareholders,” and (2) Corporate performance should be evaluated by a “new measure of shared value creation” that explicitly includes ESG​​ goals in addition to traditional financial metrics. But who decides which ESG factors should be imposed? How do we know whether a corporation is complying? Should corporations prioritize the interests of society over the interests of its shareholders?

When calculating the scores, the “E” asks how corporations interact with the environment. Specific criteria include corporate impact on climate change, greenhouse gas emission air pollution, and water usage. Often, companies are expected to have set goals in line with the 2015 Paris Agreement for climate action. The “S” focuses on social issues such as labor standards, human rights, social dialogue, pay equity, workplace diversity, access to health care, and racial justice, to name a few. The “G” refers to how the corporation is internally governed and how its leadership acts. Factors include corporate fraud, anti-corruption efforts, board diversity, and potential illegal activity.

How are you feeling at this point about the likely scores generated by midwest production agriculture, oil and gas producers, and energy networks that include coal and natural gas assets?

It is important to know that the ESG movement is creating several legal concerns. First, ESG investing presents legal issues for fiduciaries responsible for investing other people’s money. For example, imagine an investment firm is responsible for investing retirement or pension accounts. The firm’s chief responsibility is to provide the best return for the individuals who will rely on these accounts for their future income. However, if the firm has adopted an ESG policy, the investment portfolio for the accounts may not include the most profitable companies because the companies do not align with the firm’s ESG standards. That means retirees could lose out because the investment firm is prioritizing advancing an agenda over its responsibility to its account holders.

In addition, concerted ESG-based collusion and coercion against disfavored businesses raises serious legal questions under federal and state antitrust laws. Finally, ESG threatens to change the workplace in ways that might cause employees to violate federal and state employment laws.

It is important to remember that the Nebraska Investment Council oversees the investment activity of more than $23 billion in state funds, including the assets of the retirement systems administered by the Public Employees Retirement Board. The Investment Council’s voting members must “discharge their duties with respect to the assets of the retirement system solely in the interests of the members and beneficiaries of the retirement system and for the exclusive purposes of (1) providing benefits to members, and members’ beneficiaries, and (2) defraying reasonable expenses incurred within the limitations and according to the powers, duties, and purposes prescribed by law.” The Investment Council recognizes that the benefits it seeks are financial in nature, identifying its “mission” as “delivering investment management services to provide direct financial benefit exclusively to the owners of the funds entrusted to the Council.

As the ESG movement continues, you can be assured that the Nebraska Legislature will be watching closely. If necessary, the Unicameral will act to prevent businesses and individuals in Nebraska from discrimination and to protect state employee pension funds.

If you have any questions or comments regarding ESG or ideas for legislation​​, please feel free to reach out to me at 402-471-2729, or email me at mjacobson@leg.ne.gov. My door is always open!

Even though the start of the 108th Legislature is quickly approaching, the 107th Legislature is continuing to complete its work on various interim studies. As many of you know, I currently sit on the Agriculture, Natural Resources, and General Affairs Committees. Last Friday, the Ag Committee held its last three interim study hearings at the Capitol. Although interim studies are not always associated with proposed legislation, interim studies can be a signal of legislation to come.

The first was related to LR277, introduced by Senator Carol Blood, to “determine what is needed to develop a plan to protect managed and native Nebraska pollinators from current harmful practices.” The hearing primarily addressed concerns regarding the decline in the domestic honeybee industry, and the various impacts occurring over time with the “wild” bee species here in Nebraska. According to the testifiers, Nebraska’s largest honey producers have left for states like South Dakota where more canola is raised, and fewer pesticides are applied to the primary crops like corn and soybeans. Testifiers said this accounts for most of the drop in the loss of honeybee population.

A significant amount of time was also spent discussing the “possible” linkage to modern farming practices and the loss of bee population, both domestic and wild. Testifiers agreed that there are many causes for the decline in bee population, but they felt that chemical use by crop producers was a big contributor. They especially focused on seed treatments used today and how the chemical treatments remain in the plant; small bits of residue are then potentially picked up by the bees feeding on the plant and brought back to the hive. As a farmer who uses these same seed treatments, I asked the testifiers to provide us with more evidence to support this theory. I also mentioned that farmers have been using ag chemicals since the 1950’s and that fewer chemicals are soil applied today in favor of direct application to the plant as needed. The developments in biotechnology have allowed plants to be more resistant to natural pests and the use of cover crops has made great strides in building soil health and controlling weed population. However, Glyphosate is still the chemical of choice for burn down of cover crops in the spring. I am wary of implementing state regulations that restrict ag chemical use beyond what is federally mandated today.

The second study was LR328, introduced by Senator Ray Aguilar, to “determine whether rules and regulations guiding the inspection and permitting of mobile food units are being applied consistently between jurisdictions.” The number of food trucks statewide has increased significantly over the past several years and is likely to continue to grow. Some are stand-alone units generally run by entrepreneurs who don’t want to invest in a brick-and-mortar restaurant, while others are operated by restaurant owners who want to take their product to other locations without significantly adding to their staffing levels and overhead costs.

Every mobile food unit that operates within Nebraska is subject to state food safety regulations and are inspected by food inspectors assigned to various regions across the state, but there are wide variations across the state among municipalities regarding additional food safety requirements and various regulations regarding where they can park their units such as the minimum street width, how close they are to another restaurant, what direction the unit faces along the street, and where the walk-up window can be located. Additionally, many larger cities charge fees to allow a unit to operate within its jurisdiction and have various methods to collect sales tax. I found the testimony very educational, but also heard no consensus on regulation. Those of us on the committee all agreed that we were reluctant to take away local control from the cities themselves, even though a more standard set of guidelines would be helpful to food unit operators.

The final hearing dealt with occupational regulation review for grain dealers. Grain dealers are regulated by the Public Service Commission; the Commission’s representative outlined enforcement actions taken against grain dealers since the last report and areas of concern they had going forward. We spent much of the time discussing the net worth requirements, fees, and bonding requirements for grain dealers and grain warehouses. One of the concerns that I expressed was that the bonding requirements of grain dealers and warehouses are very low compared to the amount of exposure they could have at any one time. I understand that raising the bonding requirements would raise costs to the dealers and warehouses, but an alternative might be to have state inspectors conduct more frequent inspections to confirm that grain inventory is in place and that the grain is in good condition. Given the high cost of farming and value of grain inventory today, the costs of massive shortages and ultimate failure of a dealer or warehouse would be devastating.

I am grateful to all of the testifiers who participated in the Agriculture Committee’s interim study hearings. It is important for Senators to continue to dialog with the public and experts about the challenges and opportunities in Nebraska today. If you have any questions or comments regarding these issues, please feel free to reach out to me at 402-471-2729, or email me at mjacobson@leg.ne.gov. My door is always open!

I mentioned last week that I will be working with Senator Brewer and all the interested parties to determine the future of the former State 4-H Camp that was destroyed by the Bovee Fire. Senator Brewer and I are very focused on getting this facility replaced, either on the old site or adjacent to the old site. Any reconstruction would be built outside of the primary fire risk area. This week, I will be meeting with the head of the Nebraska Extension. My goal is to determine the extent to which the University of Nebraska and the 4-H Foundation are committed to rebuilding the facility and offer our help in getting the necessary funding and support.

 

My fascination for this area started when I attended the 4-H camp as a young boy. Like many raised in other parts of the state, it was my first experience seeing the Nebraska Sandhills and seeing the Nebraska National Forest near Halsey which has only recently been surpassed as the largest man-made forest in the world. The 4-H camp has played host to countless Nebraska residents over the years. In addition to hosting the camps for the 4-H program, the State 4-H Camp has also played host to the Rotary Youth Leadership Awards (RYLA) Camp, wedding receptions, family reunions, and corporate, artistic, and nature retreats.

 

The uniqueness of the Sandhills and the Nebraska National Forest should not remain a secret. And I believe we can do more to draw in-state and out-of-state residents to District 42 if we are willing to take some risks. Just look at what has occurred with the Sand Hills and Dismal River Club golf courses. When the founders of the Sand Hills golf course chose a location off the beaten path to build a golf course where no one had gone before, many wondered if they were crazy. Yet, the first year it was opened it was rated as one of the best in the world and memberships were sold out and a waiting list continues today. All too often we don’t dream big enough.

 

The trick to a successful venture is to have a destination, atmosphere, and easy access. We already know the Sandhills and the Nebraska National Forest are two of our state’s greatest treasures. If we rebuild with the right services and design, we can continue to grow the number of visitors to the Halsey area. Highways 2, 83, and 97 all provide good driving access to the area. In addition, the Thedford airport has a newly constructed concrete runway that is ideal for landing many corporate aircraft as well as smaller single-engine piston aircraft. This airport could be a great asset for those coming to a new and improved conference facility located less than 20 miles away near Halsey. If the Lied Lodge can be successful at Nebraska City, why can’t a facility in the middle of the Nebraska Sandhills and next to a 90,000-acre National Forest not also be a draw?

 

During my time as your District 42 State Senator, I have been clear that I intend to bring more resources to our area. It begins with not allowing existing facilities to leave and get relocated elsewhere in the eastern part of the state. Along the campaign trail, I was asked what I will do as your State Senator to bring economic growth to all areas of the District and not just North Platte. This is one example of how I believe we can grow our area. Amidst the tragedy of the Bovee Fire, we have an opportunity to not only rebuild, but rebuild bigger and better than before.

 

I am committed to working with Senator Brewer and anyone wanting to join the fight to make reconstruction of the State 4-H Camp a reality. If you are interested in helping with this effort, or have ideas for 2023 legislation, please reach out to me at mjacobson@leg.ne.gov or 402-471-2729 with your ideas. My door is always open!

I want to take this opportunity to congratulate Sherry Vinton who has been selected by Governor-Elect Pillen to become the next Director of Agriculture. Sherry is a great choice and, for the first time in many years, we will have a Director of Agriculture who has strong Sandhills roots and is an active rancher. This is great news for our state!

 

Just as Governor-Elect Pillen is preparing his administration, so are state Senators getting ready for the 2023 Legislative Session. The First Session of the 108th Nebraska Legislature will begin on January 4, 2023. I spent this past week attending new Senator Orientation and the annual Legislative Council meeting. The orientation was a great opportunity to meet all my new colleagues and get to know them on a more personal level. The Legislative Council meeting included all of the returning state Senators along with the newly elected Senators. The meeting was primarily focused on getting an update on some of the larger issues we will be facing once the session begins. Budget and tax issues will be based on the latest budget forecast from the most recent forecast estimates from the Tax Rate Review Committee. The numbers predict revenues will continue to outpace expectations and push the General Fund and the Cash Reserve Fund in excess of allowable balances. On the surface, this is a great problem to have, but it is critical we deplete the reserves in a responsible manner. The tax payer must be the first priority.

 

The General Fund is essentially the State’s checking account, while the Cash Reserve Fund is more akin to a savings account. The Cash Reserve is commonly referred to as the “rainy day fund” and is statutorily limited to a balance of no more than $1 billion. The latest forecast – should it prove to be accurate – predicts a balance of $2.3 billion. What caused the fund to grow to this level over the past two years? And more importantly, what can we expect the fund to do in the future?

 

We can thank post-COVID spending for the boost in State revenues. Federal pandemic relief dollars and the PPP loans that were ultimately forgiven, created a huge economic boost to all states and resulted in unprecedented increases in tax receipts. However, this will not be case in the coming biennium. The rapid rise in inflation has caused the Federal Reserve to significantly raise the Federal Funds rate in order to slow the economy. Many expect the economy will go into a recession in the near future. The severity of the recession is unknown at this time, but either way, reduced tax revenues will be the likely result.

 

Even with the uncertainty of future tax collections, we need to focus on fixing the school funding formula to help bring further reductions in property taxes. This will likely be a priority in Governor-Elect Pillen’s budget and is certainly a focus of many Senators. In addition to new property tax relief, I will be focused on protecting the existing income tax credits and the elimination of the Social Security tax codified in LB873 last session.

 

As for reducing our General Fund and Cash Reserve Fund, the Legislature should look for one-time spends as it did with American Rescue Plan Act (ARPA) dollars, rather than creating new programs that will have an ongoing fiscal note. We may also need to re-allocate ARPA dollars from any projects that were determined not to qualify for their initial allocations. One project I would like to secure funding for in District 42 is rebuilding the 4-H Camp near Halsey that was lost in the Bovee Fire. I am working closely with Senator Brewer, the University of Nebraska, and the 4-H Foundation to determine the vision and scope of the rebuilding project and develop a funding strategy. I made it clear in my campaign that bringing more investment back to District 42 was a priority of mine, and keeping existing assets in our District is step one.

 

I am putting the finishing touches on several bills that I intend to introduce when the next session begins. All bills must be introduced in the first 10 days of the session. If you have ideas for legislation, please reach out to me or my staff at mjacobson@leg.ne.gov or 402-471-2729. My door is always open!

I am honored to continue my service as your State Senator and want to take a moment to thank everyone who assisted me with the campaign. I would also like to extend a special thank you to my wife, Julie. Running for office is a decision with a significant impact on one’s spouse. Julie was a steadfast supporter and went above and beyond to support the campaign.

Now that the election is over, Senators are preparing for the 2023 session in earnest. This week, I will be attending orientation for new Senators in Lincoln. Even though I am technically a returning Senator, I asked to be included to ensure I am fully prepared for next session. I am also looking forward to getting to know all of my new colleagues. Later in the week, the Legislative Council will hold its annual meeting in Nebraska City. Senators will discuss current issues and start the process of establishing the Committee on Committees, which determines committee membership.

The Unicameral has 14 standing committees that meet regularly, as well as several special and select committees. All legislative bills are afforded a public hearing. After a bill is introduced, it is referred to the standing committee with jurisdiction over the bill’s topic, and standing committees meet in the afternoons throughout the first several weeks of the session in order to hold bill hearings. After the end of bill hearings, committees only meet periodically for supplemental hearings or in an executive session to consider advancing bills for consideration by the whole Legislature.

Committees have approximately seven to nine members and always have representation from each of Nebraska’s three congressional districts. With the exception of the Appropriation Committee, which meets five days a week, standing committees meet either one, two, or three days a week on regular days. For example, the General Affairs Committee meets on Mondays, while the Judiciary Committee meets Wednesdays, Thursdays, and Fridays. Senators’ committee assignments are organized so that they have a standing committee meeting five days a week during the bill hearing period, which means they can serve on one or several committees.

As a general rule, returning members can choose to remain on their existing committees. New Senators are assigned to open spots based on their interests, and the committees’ need to have fair congressional district representation. When I was appointed, I assumed Sen. Groene’s standing committee assignments: Agriculture, Natural Resources, and General Affairs. There are several Senators from the Third District, including myself, who are interested in serving on the Transportation and Telecommunications Committee. If there are not enough spots, I would be interested in staying on the General Affairs Committee. I have also expressed a desire to serve on the Revenue Committee, given the number of District 42 constituents who are concerned about Nebraska’s tax system. In the end, it is my goal to make a positive impact on District 42 regardless of my committee assignments.

In addition to thinking about committee assignments, I have also been working with my staff on bill drafting. We are in the process of finalizing micro-TIF legislation, and I plan to co-sponsor a bill requiring two-person crews on trains. There are several other issues that I am exploring as well that may become legislative bills.

Finally, Julie and I attended an information meeting on November 6 in Dunning to discuss the damage to the State 4-H Camp and Nebraska National Forest from the Bovee Fire. The Nebraska National Forest is one of the largest man-made forests in the world, and thousands of youth and families have visited the State 4-H Camp since it opened in 1959. University of Nebraska officials reassured us that 4-H camps would still be held in 2023 in other parts of the state; however, the decision about whether to rebuild the camp had not yet been made. I expressed my desire to see the camp rebuilt and am ready to assist with obtaining funding support from the Legislature, if necessary. It would be a tragedy to allow this state treasure, which has exposed many to the beauty of Nebraska’s Sandhills, to go away.

If you would like to discuss an issue impacting you or you have ideas for legislation, please feel free to reach out to me at mjacobson@leg.ne.gov or 402-471-2729. My door is always open!

Sen. Mike Jacobson

District 42
Room 1523
P.O. Box 94604
Lincoln, NE 68509
(402) 471-2729
Email: mjacobson@leg.ne.gov
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