This week, I want to start by addressing fliers that many of you received over the past few weeks regarding medical marijuana legislation. The bill in question is LB588, The Medicinal Cannabis Act. The bill was introduced by Senator Anna Wishart and had a public hearing in the Judiciary Committee on February 9, 2023. The bill remains in committee and will not be heard on the floor this session. I don’t know who is behind these fliers and why they are sending them. I don’t take positions on bills that are not moving. This bill is no exception.

One reason I like to wait until there is movement on a bill to take a position is the amendment process. Amendments, particularly committee amendments, can change a bill substantially. Sometimes these amendments address issues raised by opponents and are designed to change Senators’ positions.

As it relates to marijuana, I have always opposed recreational marijuana use and will continue to do so. I might be able to support the medical use of marijuana if it were administered under strict medical supervision and had the appropriate oversight of the state. However, these details have continued to shift in each year’s proposed legislation, and without a bill to review, I cannot speak to my position on the subject generally. But be assured, LB588 will likely not be considered this year.

As to matters that will be before the Legislature this year, the Appropriations Committee expects to release the budget bills on May 2. We should begin debate shortly thereafter and must pass the budget by May 18. Although the filibusters will continue, the debate on the budget will likely be more substantive. I fully expect that we will have a lively debate on the budget since there will be many un-funded priorities. Those Senators fortunate enough to have project funding in the budget will need to work hard to protect that funding.

One reason for delaying release of the budget bills is that the state’s March receipts were slightly lower than the forecast. The Nebraska Economic Forecasting Advisory Board will meet on April 26 and the Appropriations Committee wants to see whether the Board will lower the forecast. A lower forecast could require reduced budget spending, or scaling back of proposed income tax, property tax, and education spending reforms.

If the forecast remains relatively stable, I am happy to report that $10 million in funding to rebuild the State 4-H Camp should be included in the budget. It was a long path to secure funding, but I am determined to deliver on this important project. I also continue to get questions from many who want to know where they can send their donations. I am working closely with the Nebraska Community Foundation to determine what will be the next steps after funding is approved and will provide more information when it’s available. Given the local and statewide support, I am optimistic that this project will be bigger and better than the one that was destroyed.

Finally, I have received some questions regarding the school funding proposed in LB589 as amended into LB243. You have often heard the statement that Nebraska ranks 49^th in the nation in state aid to schools. However, public school spending in Nebraska ranks around 22^nd in the nation. The additional funding is generated from local property taxes. As a result, roughly 50% of your local property tax goes to fund your local school district. Since the State of Nebraska does not assess property taxes, the only way it can play a role in reducing your local property taxes is by increasing the state support to public schools or offering other tax credits for a portion of local property taxes paid. This, in turn, should reduce the amount of school funding that comes from local property taxes.

LB589 increases state aid to schools. To ensure that the additional funding results in reduced local property taxes, the LB589 was designed to place a “soft” cap on growth in public school spending. This cap is equal to the sum of 3% plus the annual weighted percentage increase in the student enrollment of the school district. Any increase in taxing authority above this level, after adding total non-property tax revenue from the prior year, would require a 70% vote of the local school board, or a 60% approval of voters in a special election. If this is not done, the school district could lose additional funding from the state.

The new state aid program also ensures that every school district receives at least $1,500 per student and an 80% cost reimbursement for special education. That reimbursement is currently at 40%. Every school district in District 42 will see a sharp increase in school funding once this bill becomes law.

In addition to increasing public school funding, the state will begin funding community colleges directly and remove the community college property tax levy. Community colleges will continue to collect taxes to repay existing bonds, then their taxing authority will cease so long as the state continues to meet its funding obligation.

The Legislature is serious about returning tax dollars to the taxpayers and getting property taxes back in line with other taxes. At the same time, the Legislature is committed to providing funding for public schools at levels more in line with other states. LB589/LB243 should be a great start to that goal.

I look forward to hearing from constituents about issues impacting you. Please feel free to reach out to me at mjacobson@leg.ne.gov or 402-471-2729. My door is always open!

This past week was another week filled with filibuster activity. We did, however, engage in some good debate on several issues, including bills related to school funding, abortion restrictions, and gender-affirming treatment for minors. We also began debate on some of the committee priority bills.

In past years, it has been common to have committee priority bills be accompanied by a committee amendment that incorporates several bills within the committee’s jurisdiction. Usually, no more than five or six bills are included in these “Christmas tree” or “omnibus” amendments. Generally, bills included in Christmas tree amendments are fairly non-controversial. This year, however, many committees are pushing for larger amendments of 20-30 bills due to the slow pace of the session. By including more individual bills in the committee’s amendment package, the Unicameral can advance many measures after an eight-hour filibuster (or six- or two-hour filibuster, depending on the stage of debate) rather than going the full debate time on each individual bill.

The Legislature needs to consider every avenue for moving good-governance bills forward in light of our current situation. However, it is also critical that Senators pay close attention to the many provisions in these large packages. In our quest to expedite the consideration of legislation, we also need to make sure bills get the scrutiny they deserve.

Monday, April 17, marks Day 63 of the 90-day session. The Appropriations Committee is required to send all budget bills to the floor by Day 70 (May 2). Speaker Arch has received approval from the Executive Board to use his “Speaker Major Proposal” tools on the five budget bills. Speaker Major Proposals must already have a priority designation or be a general appropriation bill, and approval requires a two-thirds vote of the Executive Board. Once a bill has been designated as a Speaker Major Proposal, the Speaker can reorder all motions and amendments to better manage debate.

I continue to work closely with my colleagues to identify funding for LB281, which provides funding to rebuild the State 4-H Camp. Although LB281 is currently included in LB425, one of the two Natural Resources Committee priority bills, given the ongoing filibusters, I need to be prepared if we can’t get to that bill this session. There is a bill moving forward with several appropriations measures that is expected to be discussed during the budget debate, in which I hope to have the State 4-H Camp included. Because of the way some of the other funding pieces are structured for eastern-Nebraska projects, there may be an opportunity to reduce or eliminate the matching requirement for the bill as part of negotiations. Stay tuned!

Time will tell if we can make time for any “consent calendar” bills. If so, my Micro-TIF (LB98) and Mayoral vote (LB33) bills could be heard at that time. My personal priority bill, LB644, is still on track to be heard as a part of a larger package as well. If successful, this bill will provide up to $25 million to help fund a major development site west of the 100^th Meridian that has an Inland Port Authority. Yes, that sounds a lot like North Platte. Hopefully, we can get this across the finish line this session.

I appreciate the feedback I have been receiving this session from constituents about issues impacting them. Please feel free to reach out to me at mjacobson@leg.ne.gov or 402-471-2729. My door is always open!

Although the Legislature is still not moving at full speed, we have made some progress over the past week. Certainly, much time has been wasted with the ongoing filibusters, but we are still moving important bills forward that will benefit residents of District 42.

This past week was dominated by debate on bills that will reduce income and property taxes. Additionally, we debated public school funding alternatives that are intended to both reduce property taxes and increase public school funding. As we have discussed on many occasions, property taxes are assessed at the local level and the bulk of your local property taxes go to your local school district. Nebraska’s current level of state aid to public education, in comparison to local tax funding, ranks at nearly the lowest in the nation. However, the current school spending on public education in Nebraska ranks in the top 25. The gap between state aid and school spending is made up by property taxes.

If I heard one message loud and clear during the campaign, it’s that property taxes are too high. I wholeheartedly agree! It is for that reason that I support LB583. LB583 will reduce property taxes by bringing more funding to public schools throughout the state and especially schools in rural areas, including the ten public schools in District 42. The bill also caps school districts’ revenue growth to 3% unless a higher increase is approved by 70% of the school board or 60% of the voters in a special election. By increasing aid and slowing spending, property taxpayers should see reduced levies.

The week ahead should see three late-night days compared to last week’s one. In addition to going late into the night, the Speaker has also signed off on allowing the committees to add more bills to each committee priority bill. Normally a committee amendment would include up to five bills, but because time is short, the Speaker has said that as long as there is unanimous consent of the committee and no large fiscal note, committees can create larger omnibus bills. We could see some with as many as 30 bills in one amendment. This will allow more bills to be passed in the limited time left in this session. There are also still ways to pull out problematic legislation on the floor, if necessary, so there is no concern with rubberstamping whatever the committee puts forward.

Although we don’t know the full agenda, the Speaker has announced that LB626 (the heartbeat bill) will be debated on Wednesday. We’re also likely to hear Senator Brewer’s LB77 (Constitutional Carry) on Final Reading. That means LB77 could be the first bill the Legislature sends to the Governor’s desk for signing in 2023.

One of the looming questions in the Unicameral is the fate of all the priority bills with fiscal notes that were heard in committees other than the Appropriations and Revenue Committees. These bills will not be included in budget bills. And, since we don’t know how much money the Appropriations Committee will leave for spending outside of the budget, it will likely be a mad scramble to get funding for non-budget projects. My State 4-H Camp bill, for example, has been added by committee amendment to LB425, one of the Natural Resources Committee priority bills. However, it has a $15 million fiscal note. I am turning over every rock and working all angles to get this funding secured this year.

In the end, many will likely remember the 2023 session as the session of the filibuster. That will certainly be true. However, I think that this session will also be remembered as the session where we passed transformative tax cuts for Nebraska families and made significant strides in moving more educational funding from property taxes to state support. It will also be remembered for taking Nebraska back to a state that prioritizes the lives of the unborn. To that extent, this can and should be a very memorable session.

I look forward to hearing from constituents about issues impacting you. Please feel free to reach out to me at mjacobson@leg.ne.gov or 402-471-2729.

With just eight days left in the 107^th Legislature, major progress was made last week in getting the budget passed that included specific items that will impact our District.

The Legislature passed on Tuesday the final budget bills including LB1013 which directed the State Treasurer to transfer $53,500,000 from the cash reserve fund to the Perkins County Canal Project Fund on or before June 30, 2023, to fund the feasibility study for the proposed canal project and to purchase options to buy the land for the project should the project be found to be feasible.  This is a major first step in preserving the state’s water rights with Colorado.

The Legislature also approved LB1015 which was the enabling legislation that grants the Department of Natural Resources to the necessary authority to develop, construct, manage, and operate the Perkins County Canal Project consistent with the terms of the South Platte River Compact and pursuant to the Perkins County Canal Project Act.  This is to be done to protect Nebraska’s full entitlement to flows of the South Platte River.

The canal is actually located in Keith County, but the resulting river flows diverted to the proposed storage facilities will provide much need ground water recharge and bring with it potential recreational opportunities as well.  There is much to be done before the canal would actually be built, but this is a great start.  Protecting our water rights with Colorado will be paramount in the coming years.

The Legislature also advanced to the second round of debate LB873 which has become the bill that now carried all of the tax cut bills.  The bill was amended with amendment AM2649.  This amendment in essence replaced the original bill’s intent.  This was necessary because the original bill that was voted on a week earlier LB825 failed to pass by one vote.

LB783 as amended, now included the provisions originally contained in LB825 which was the Social Security tax phase out.  Last year, a prior bill had started the process by eliminating state income tax on social security income over the next 10-years, LB825 now speeds up the phase out over the next 5-years.  This is a huge win for our seniors on fixed incomes.

The second part of LB783 lowers the state’s top personal and corporate income tax rates to 5.84% over the course of the next several years, which is down from current top rate of 6.84%.

The third part of the LB783 incorporates the provisions of LB723 that sets the minimum level of LB1107 refundable income tax credit at $580 million once fully implemented.  LB1107 provided for tax payers to receive an income tax credit based on the amount of property taxes paid to your local school district.  In 2021, this income tax credit will be equal to 25% of the amount of school district related property tax paid.

The fourth part the bill created a new refundable income tax credit for community college property taxes paid that would be in addition to the local public school taxes.

All told, this entire tax package is expected to amount to $900 million annually.  By fiscal year 2027-2028.  This is real tax saving for hard working Nebraska families!

As we look to this week, the speaker plans to schedule for Tuesday, second round debate on LB873 (tax bill), LB920 the criminal justice reform bill, and LB264CA the proposed EPIC tax bill. On Wednesday, we will have general file debate on LB 933, the Human Life Protection Bill.  We can expect vigorous debate on each of these bills.

As always, my door is always open to constituents and I would love to hear from you at mjacobson@leg.ne.gov or 402-471-2729. It is an honor to represent you and District 42 at the Nebraska Legislature.

Now that committee hearings are complete, the Nebraska Legislature will move to all-day floor debate, including late-night debate to maximize the time we have to consider priority bills.

Tuesday, March 28, marks Day 51 of the 90-day session, and we have yet to move any bill to Final Reading (the last round of debate to make a bill law). As frustrations rise regarding the constant filibusters, some also question whether the legislative process should have been managed differently. In my view, Speaker Arch has done an incredible job trying to balance the workload created by the unprecedented number of introduced bills, including several highly controversial bills, while trying to respect the historical tradition of the Legislature.

Speaker Arch has taken several steps to manage this session. First, the Speaker moved early to schedule two weeks of all-day committee hearings to help expedite the public hearing process for 812 bills and several constitutional amendments. More early hearings also gave Senators more time to see how their bills fared in committee before the priority bill selection deadline. He also set the expectation that the Appropriations Committee’s budget proposal and major tax relief packages from the Revenue Committee will be heard on the floor before other individual spending bills. The Speaker cannot control when committee chairs schedule votes or which bills they give an opportunity to advance; he can only determine when bills advanced for debate are scheduled. However, this can be a very important power if used wisely.

With less than 40 legislative days left in this session, at least ten of which will likely be devoted to the various budget bills, it is unlikely the body will get to debate all of the priority bills, much less pass them into law. Accordingly, every Senator is working on getting their bills scheduled early. There are several factors the Speaker will look at in scheduling bills, including whether the timing of the bill’s passage is critical, what kind of support the bill has, and whether the bill will face significant opposition. There is also a lot of behind-the-scenes negotiating, particularly with those participating in the filibuster, that shifts the dynamics day-to-day.

Although initially scheduled to begin in April, the Speaker has decided to push up days for possible evening or late-night debate to the first day of full-day debate. This week, we expect an extended session on Tuesday and Wednesday evenings. Not only will this allow the Legislature more time to debate legislation, but it will also significantly increase the stamina needed to pull off a filibuster by a small group of Senators.

The Unicameral will also consider whether other steps should be taken to limit the filibuster. We will start this week by considering a motion made by Senator Erdman as Chair of the Rules Committee. If passed, the motion would suspend the rules for this year and allow only one motion to postpone to a time certain, to commit, or to postpone indefinitely to be offered on the same day at the same stage of the bill or proposition. These types of motions are priority motions, which means they are considered ahead of any amendments or other motions. They are often used in a filibuster to prevent compromise amendments from being considered. They also allow the motion-maker to speak for ten minutes when introducing the motion and place them ahead of others waiting in the queue to speak. Limiting these motions may make the debate more balanced and potentially reduce the length of filibusters.

There are other measures at the disposal of the Legislature as well. For example, Senator Arch has the ability to reduce the hours of debate that are required before a bill is considered to have had “full and fair debate” and a cloture motion to cease debate is in order. If the current eight-hour debate time for bills on General File is shortened, more bills could get heard each day. The full and fair debate times on Select File (two hours) and Final Reading (one hour) could also come into play.

Given the ongoing filibusters, Legislative math is more important than ever. Although the Unicameral is non-partisan, there are 32 registered Republicans and 17 registered Democrats in the body. It takes 33 votes to pass a cloture motion and cease debate, 25 votes to adopt an amendment or advance a bill, and 30 votes to override a Gubernatorial veto. A motion to indefinitely postpone a bill takes a simple majority of those voting on the floor, it takes 25 votes to return a bill to committee, and 30 votes to suspend the rules.

Given the number of Republicans and Democrats, getting 33 votes is not an easy feat. It takes at least one Democrat to join with all Republicans to get 33 votes. And the Republicans don’t always agree. Therefore, negotiation is necessary on almost every bill, and sometimes you must amend a bill to gain the support needed to pass something into law. Being unwilling to modify a bill from its original form will often mean that the bill dies. In the end, you need to ask yourself if getting part of a bill over the finish line is better than getting nothing.

There is much left to do in a short amount of time. Please continue to submit public comments on individual bills at NebraskaLegislature.gov, or feel free to reach out to me directly at mjacobson@leg.ne.gov or 402-471-2729. My door is always open!

Sen. Mike Jacobson invites students to youth legislature

High school students are invited to take on the role of state senators at the Unicameral Youth Legislature June 11-14. At the State Capitol, student senators will sponsor bills, conduct committee hearings, debate legislation and discover the unique process of the nation’s only unicameral.

The Unicameral Youth Legislature gives behind-the-scenes access to students who have an interest in public office, government, politics, law, public policy, debate or public speaking. Students will learn about the inner workings of the Legislature directly from senators and staff.

The Office of the Clerk of the Nebraska Legislature coordinates the Unicameral Youth Legislature. The University of Nebraska–Lincoln’s Extension 4-H Youth Development Office coordinates housing and recreational activities as part of the Big Red Summer Camps program.

To learn more about the program, go to www.NebraskaLegislature.gov/uyl or call (402) 471-2788. The deadline for registration is May 22.

This week marks the last week of bill hearings for the Nebraska Legislature. On March 28, the Unicameral will move to all-day and potentially evening debates.

This past week, we passed several milestones. All priority designations have been made. Senators were asked to designate their one priority bill by Tuesday, the same deadline each committee to designate its two priorities. Speaker Arch announced another 25 priority bills on Wednesday. Wednesday was also the halfway point in the session. Everyone would agree there is a lot left to accomplish in the next 45 session days.

Below is a status update for all of my legislation, as well as my priority bill:

LB31 (Two-Person Crew) remains stuck in committee. Some committee members would like to give the Federal Railroad Administration a chance to pass a nationwide requirement later this year before advancing this bill. However, I’ve been assured that there will be a committee vote on the bill next session if the FRA does not act, and I believe the votes will be there to move it forward.

LB32 (Medigap) is being held in committee to give the insurance industry time to add supplemental coverage voluntarily. If the problem is not resolved this year, I have the votes in the committee to advance the bill, and I also believe that I will have the votes on the floor. I know the supporters have heard this before, but they should not underestimate me. I will get this done next year if needed.

LB33 (Mayoral Tie-Breakers) advanced from the Urban Affairs Committee unanimously and is waiting to be heard on General File. If we can break the filibuster, the Speaker has agreed to put this bill back on the agenda.

LB69 (Notices for Life Insurance Policies) is being held in committee to give me time to work with the insurance industry over the interim to hopefully resolve this issue without legislation.

LB98 (Micro-TIF) advanced from the Urban Affairs Committee unanimously. Although the bill is waiting to be heard on General File, it will be included in a committee amendment to one of the Urban Affairs Committee’s priority bills.

LB148 (Western Nebraska Racetracks) had its hearing on Monday, March 13, and I want to give a special ‘thank you’ to Lisa Burke, Ty Lucas, Gary Person, and Pete Volz for making the trip to Lincoln for a night-time bill hearing to testify about the opportunities a racetrack and casino could bring to Lincoln County. Right now, LB148 is being held in committee due to various interests among the General Affairs Committee members. The Committee is also holding Sen. Lowe’s LB311, which would have extended the racing and gaming market studies deadline to Jan. 1, 2029. If the deadline for the studies stays in place (Jan. 1, 2025), North Platte should be in a good position to proceed. If there is an extension effort next year, I will continue to advocate to allow the western half of Nebraska to allowed to proceed with racetrack applications without the required study.

LB149 (Rebasing Rates under the Medical Assistance Program) has its public hearing on March 23. If the hearing goes well, this bill may be able to be amended onto a Health and Human Services Committee priority bill.

LB281 (State 4-H Camp) will be added to a Natural Resources Committee priority bill (LB425) with a reduced appropriation. Although the total appropriation is now $15 million, the State 4-H Camp will be the only eligible recipient of the funds. It will require a dollar-for-dollar match, but once a feasibility study is completed and approved, we could begin drawing funds as the match is raised.

LB433 (Funding Flexibility for Behavioral Health Regions) is being held in committee as the Department of Health and Human Services has committed to allow each behavioral health region to adjust their budgets by 20% each year without further approval by the DHHS as long as the adjustments are within state and federal guidelines. I am prepared to push to get this bill moved to the floor if DHHS doesn’t stay true to its word.

LB434 (Enrolling Long-Term Care Hospitals as Providers Under the Medical Assistance Act) is included in a committee amendment to LB227, one of the Health and Human Services Committee’s priority bills. The bill will allow rural hospitals to move patients requiring long-term care to facilities like Madonna to get the care they need.

LB628 (Clean-up of the Uniform Commercial Code regarding Professional LLC Companies) has been moved to Select File and should get across the finish line this year if we can break the filibuster.

LB674 (Regulation of Digital Assets) has been included in the committee amendment to LB214, a priority bill of the Banking, Commerce and Insurance Committee. The bill would allow the Department of Banking to better regulate digital assets.

LB644 (Mega Sites) is Sen. McDonnell’s to enhance Nebraska’s economic competitiveness by directing additional funds to the Site and Building Development Fund to support identifying, evaluating, and developing commercial and industrial sites, also known as mega sites. Since I’ve been successful in finding priority bill tracks for many of my other bills, I agreed to prioritize this bill after Sen. McDonnell agreed to amend the bill to require at least 15% of the funding be allocated to sites west of the 100^th Meridian. LB644 could provide the funding infusion needed for communities in District 42, which are in a great position to take major steps forward to grow even more great businesses and jobs.

Please continue to submit public comments on individual bills at NebraskaLegislature.gov, or feel free to reach out to me directly at mjacobson@leg.ne.gov or 402-471-2729. My door is always open!

This past week, LB753 received the necessary votes to invoke cloture after eight hours of debate and then received 31 votes to move the bill to Select File. LB753 creates the Opportunity Scholarships Act and allows individual and corporate taxpayers to qualify for a non-refundable tax credit equal to the amount the taxpayer contributed to a scholarship-granting organization (i.e., private school scholarships). I voted to advance the bill with the understanding that there would be some amendments on Select File. I have been working with a small group of conservative Senators to make some adjustments to increase accountability, limit the overall growth of the state costs, and make adjustments to the amount of the tax credits. I believe that these amendments will make the bill more equitable while still fulfilling the intent of the bill.

I have received more emails on LB753 than any bill since entering the Legislature. In the end, I want to make it clear that public schools will not lose funding with this bill. In fact, public schools in District 42 will all receive significantly more funding once the final school funding package is approved. The final package will include LB753 and should easily pass when combined as one bill.

I have also had some questions regarding the reorganization of the State Board of Education. I believe that with the new faces that have been elected to the Board this year, the Legislature needs to stand down and wait for the process to work. The voters voted for change, so we need to let that change work. I do not believe that the Legislature should be directly overseeing our public school systems and needs to be mindful of any mandates that they impose on Nebraska’s taxing authorities without providing the necessary funding to offset the costs. Even minor requirements can be very costly to the smallest of our rural school districts.

This coming week is a big one because individual Senator and Committee priorities must be designated on March 14 and the Speaker will announce his priority bills on March 15. I submitted two bills for consideration as Speaker priority bills and have identified four bills as finalists for my individual priority: LB31 (two-person crew), LB281 (State 4-H Camp funding), LB32 (Medigap), and LB148 (timing for new racetrack licenses). All four bills are currently still in committee but could be voted on early this week. I am also exploring other opportunities to get priority designation for my bills, including committee priorities or as an amendment to a priority bill.

The General Affairs Committee will hold its public hearing on LB148 on Monday, March 13. LB148 would exempt racetrack applications for locations west of the 100^th Meridian from the study requirements implemented last session. Currently, the Nebraska State Racing and Gaming Commission must complete a study prior to January 1, 2025, regarding the horseracing and casino industry in Nebraska and the socioeconomic impact of racing/gaming facilities.

I introduced LB148 after hearing that not only had the Commission not begun the study process, but there were some in the Legislature who wanted to extend the study deadline by several years. Nebraskans voted overwhelmingly to pass the ballot initiatives to legalize gambling during the 2020 election. Whether you support gambling or not, the industry clearly provides substantial economic development and tax revenue. I don’t think it’s fair to leave western Nebraska out. Access to the I-80 corridor, visitors from Wyoming and Colorado, and the rich agricultural and livestock histories of our area make western Nebraska a prime spot for a racetrack and casino development. I am grateful to have many members from the North Platte community coming in to testify in support of LB148 and look forward to a productive hearing.

March 24 will be the last day for committee hearings and we will start all-day debate on March 28. It’s likely we will start late-night sessions soon after we go into all-day debate to try to make up lost time. Once all-day sessions begin, I am hopeful that the filibusters will be limited to truly controversial issues. Going all day can be very taxing and going all day and into the night is a very grueling pace. We are all anxious to start getting things done and I believe that will begin to happen.

I look forward to hearing from constituents about issues impacting you. Please feel free to reach out to me at mjacobson@leg.ne.gov or 402-471-2729, or join the weekly call with the North Platte Area Chamber of Commerce and Development Corporation.

The Legislature cleared its first filibuster last week after spending eight hours debating LB77, Senator Brewer’s priority bill to enact Constitutional Carry. I was happy to be one of 36 Senators who voted to end the filibuster and move the bill to the second round of debate. It takes 33 votes to cease debate and force a vote. Last year, the bill only garnered 31 votes to end the filibuster.

Last week was also the bill hearing for Senator Erdman’s LB396, related to the Nebraska Cooperative Republican Platte Enhancement project or N-CORPE. LB396 would require a natural resources district (NRD) to sell the land needed for an augmentation project after the augmentation project is complete while allowing them to keep the rights to the groundwater beneath the land.

Maintaining the ability of farmers to irrigate land is important, not only for the farmers but also for our agricultural industries. And, it is also critical that our school districts and other property tax beneficiaries are properly funded and have a broad base.

I support the augmentation project associated with N-CORPE. However, I think that once the project was completed, the excess land should have been sold and placed back on the tax rolls (even at the lower land use value). Enough of the land could have been retained where the wells were located and the deed should have included a restriction on claiming any rights to the water. If there are constitutional concerns with that approach, then transferring the land using a 99-year lease could have ensured N-CORPE had the necessary water rights.

I also believe that since this project benefits irrigators in several counties, Lincoln County and the school districts affected by the lost tax revenue should have received an “in lieu of tax payment” equal to the “predevelopment” irrigated land use as opposed to the dryland valuation. All the other counties and school districts that are part of N-CORPE did not lose any tax base. This seems wholly unfair to Lincoln County taxpayers.

Additionally, I have questioned why N-CORPE hired three full-time employees with no apparent agricultural production experience to manage the project when a professional farm management firm could have done a better job at a lower cost.

My final concern deals with the future use of the nearly 19,000 acres of land. It was mentioned that they may consider a solar or wind energy project. I am not opposed to such a project provided the project is managed by a third party. The NRD’s were established to manage water quality and water quantity. “Mission creep” is an ongoing problem that occurs in far too many governmental entities. Stay in your lane, and things work better.

I remain a huge fan of NRDs and believe that the N-CORPE project has fulfilled an important water issue that can help ensure Nebraska complies with the Republican River Compact. If that remains the focus going forward, I will continue to be a supporter. And I will also be an advocate for ideas that Lincoln County and the school districts are affected by the lost tax revenue whole.

Ahead this week is Senator Linehan’s priority bill, LB753. LB753 would provide a 100% non-refundable income tax credit for donations made to private schools. This bill is a priority of the Governor but is also hotly contested. My inbox has been overflowing on both sides of this issue.

I remain supportive of both public and private schools. We are fortunate in our part of the state to be blessed with quality public schools but this is not necessarily the case in the metro areas. I am currently a co-sponsor of the legislation based on the bill language from last year. However, as I have reviewed the bill more closely this year, I have several reservations regarding the size of the tax credit, the maximum amount that this credit could grow to, and how the funds will be utilized.

I have been working with some other conservative Senators to make modifications to the bill to make it more balanced. Specifically, I would like to see the tax credit apply to 75% of the amount contributed as opposed to the proposed 100%. Skin in the game should be an element of this program. Additionally, the bill allows for this credit to grow as high as $100 million per year. This is a huge amount of money to be targeted to a new program. Finally, I want to ensure contributions go exclusively to scholarships for low- to moderate-income children instead of being used to build foundation reserves.

The budget has provided for strong funding for public schools and passage of this bill will not reduce public school funding. As a result, I will support the bill if we can get the amendments were seeking.

Your input is important to me. I would encourage everyone to join the weekly call with the North Platte Chamber, or contact me directly by telephone or email. You can reach out to me at mjacobson@leg.ne.gov or 402-471-2729. My door is always open!

Tuesday, February 28 marks Day 35 of the 90-day session. The final day for senators and committees to designate their priority bills is March 14. Committee hearings will end on March 24, after which all-day floor debate will begin. The Speaker has begun scheduling priority bills for floor debate this week. Because we only have half-day floor debate, most of the week will likely be devoted to Senator Brewer’s LB77, the Constitutional Carry bill. I am one of 29 co-sponsors of the bill. Although there is strong support within the Legislature, it is almost certain we will have an eight-hour filibuster.

Anyone watching the Legislature will have heard some of the more progressive Senators extending debate on non-controversial bills in the hopes of wasting time and avoiding hearing the controversial bills such as Constitutional Carry, some education and tax reform bills, voter ID, and the abortion ban bill. Spoiler alert: We will hear all of those bills. So, be patient; we will take the action necessary to keep the session going.

Since LB626, which expands Nebraska’s abortion restrictions, will be coming to the floor in the near future, I wanted to take time this week to update everyone on the bill and my position on the bill.

As many of you may know, Julie and I struggled to start a family. We dealt with several miscarriages and ultimately had a very premature baby boy (John Michael). John was only 24 weeks along and weighed 1 pound 12 ounces. Although he was small, he was certainly a child. I will always remember coming into the neonatal unit and watching him respond once he heard our voices. No one will ever convince me that he was not a child and was not a life worth saving!

Unfortunately, John lost his battle to live due to complications with his delivery and passed away at five weeks old, on our 10^th wedding anniversary. He would be 37 years old today. Fortunately, Julie and I both have a strong faith in God and were blessed to adopt two babies over the next three years. Although John will never be forgotten, it is clear to me that God intended for us to be the parents of Mary and Joshua. Needless to say, these events have had a major impact on my views on abortion. The greatest gift that anyone can receive is the gift of a child. This gift must be protected.

LB626 has several changes from last year’s LB933 and is a genuine attempt to find a middle ground in the abortion debate. LB626 would prohibit abortion from being performed in Nebraska once a heartbeat can be detected. That generally occurs six weeks after conception. However, the bill provides exceptions in cases of rape, incest, and a medical emergency (i.e., life of the mother). The bill also specifically protects care required for In Vitro Fertilization (IVF) and ectopic pregnancies, as well as contraception. In the end, only pregnancies resulting from consensual sex at week six would be banned.

Three Nebraska maternal-fetal specialists and other doctors testified at the bill hearing that “this bill gives very wide discretion to physicians to determine whether there is a medical emergency.” Additionally, a doctor is not required to wait to receive a police report in the case of rape or incest to perform the abortion; however, the doctor must offer the victim resources to file a police report and to get in touch with a victim advocate. The victim may accept or decline this offer.

Doctors who violate the ban in LB626 would not be subject to criminal penalties as they would have under LB993. Instead, a complaint against a physician would be subject to an administrative process that already exists under current law. If there is no clear and convincing evidence a violation occurred, the complaint would be dismissed. If clear and convincing evidence is present, the Department of Health and Human Services may decide to pursue discipline on the doctor’s license. In this case, the physician is afforded a hearing before Nebraska’s Chief Medical Officer who may, in consultation with the Nebraska Board of Medicine and Surgery, take appropriate disciplinary action. If it is found that a doctor has performed an elective abortion on a baby with a beating heart, the Chief Medical Officer will then revoke the license of the doctor. The doctor may reapply for reinstatement of their license after two years.

I believe that this bill has answered every objection that the opponents raised last year during floor debate on LB933 and, in the end, is a common-sense bill that will prevent 85% of the elective abortions that are performed in Nebraska today.

Not everyone will agree with my views on this issue, but I made it clear throughout the campaign that I would do all I could to preserve the rights of the unborn. For many constituents, this was their sole issue of concern. I made a commitment to them that I would support this bill. I am a man of my word and will do just that. I hope those who disagree will respect my position.

Please continue to submit public comments on individual bills at NebraskaLegislature.gov, or feel free to reach out to me directly at mjacobson@leg.ne.gov or 402-471-2729. My door is always open!