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Yahoo
14-05-2025
- Politics
- Yahoo
Nebraska social media limits, lab-grown meat ban, domestic abuse survivor help, 28 more bills pass
A trio of legislative bills passed just hours before the end of the 2024 summer special session related to property taxes are prepared to be ceremoniously signed by Gov. Jim Pillen. Aug. 20, 2024. (Zach Wendling/Nebraska Examiner) LINCOLN — Nebraska state senators sent 31 bills Wednesday to the governor for his approval, including measures requiring age verification to use social media, banning lab-grown meat, helping domestic violence survivors and outlawing the use of credit card skimmers. The bills that passed included Legislative Bill 383, from State Sen. Tanya Storer of Whitman, requiring that, starting in July 2026, anyone wishing to create a social media account in Nebraska must prove they are 18 years old or older. Younger users would need parental permission. A parent would also need to prove they are 18 years old or older. LB 383 also includes the provisions of LB 172, from State Sen. Brian Hardin of Gering, outlawing using artificial intelligence or computer generation to create pornographic images or videos depicting someone younger than 18 years old, or knowingly and intentionally receiving such content. Both measures were priorities of Gov. Jim Pillen and Attorney General Mike Hilgers, as was LB 140 from State Sen. Rita Sanders of Bellevue. LB 140 would require all of Nebraska's 245 school districts to prohibit student use of cellphones and other personal electronic communication devices during most parts of the school day beginning this fall. School districts would retain wide latitude in implementing such a policy. Most already have one. LB 383 passed 46-3. LB 140 passed 48-1. Lawmakers also approved LB 246, from State Sen. Barry DeKay of Niobrara at Pillen's request, to ban the sale of lab-grown meat. Some lawmakers, including conservative State Sen. Merv Riepe of Ralston, as well as the Nebraska Farm Bureau, preferred to label rather than ban the products, which aren't currently available in Nebraska markets. LB 246 passed 38-11 and would take effect three months after lawmakers adjourn. The last day is scheduled for June 9. Lawmakers also advanced housing supports for survivors of domestic violence and sex trafficking through LB 78, from State Sen. Eliot Bostar of Lincoln. It would increase the documentary stamp tax by 7 cents per $1,000 worth of property, which is on the transfer of real estate, a portion of which the state uses for affordable housing or homeless shelter assistance. All new revenue would be directed to the new housing assistance. It passed 49-0 and would take effect three months after adjournment. Senators also passed LB 559, from State Sen. Carolyn Bosn of Lincoln, chair of the Legislature's Judiciary Committee, to outlaw unauthorized skimming devices and 'kingpins' who use them, such as on ATMs, point-of-sale systems or fuel pumps. It passed 43-6. The bill included LB 464, also from Bosn, a former prosecutor, to outlaw 'organized retail crime,' a step up from strings of shoplifting depending on the value of merchandise stolen. Other bills that passed on Wednesday include: LB 32, from State Sen. Megan Hunt of Omaha, to allow candidates to use a post office box instead of a street address on political advertisements. A street address would still need to be on file with state officials. Passed 47-2. LB 36, from State Sen. Tom Brandt of Plymouth, to establish the 'Safe Battery Collection and Recycling Act' to collect and safely dispose of certain batteries, increase fees on Nebraska Game and Parks Commission park entry permits and expand allowable water recreation projects. Passed 43-6. LB 80, from State Sen. Bob Hallstrom of Syracuse, would consolidate laws related to protection orders, extend ordered protection orders and renewals to two years instead of one, require child abuse involving a military family to be reported to the service member's military installation and require landlords to change locks or remove a perpetrator of domestic violence from a rental agreement soon after abuse is documented and a protective or restraining order has been granted. Passed 46-3. LB 133, from State Sen. Rick Holdcroft of Bellevue, to expand the definition of 'law enforcement officer' to include animal control officers to enforce state or local animal control laws if authorized by a city, village or county. Passed 42-7. LB 166, from State Sen. Jana Hughes of Seward, to require county treasurers to conceal the addresses of law enforcement, members of the Nebraska National Guard or judges if such a person applies to have their address withheld, which is currently the law for county assessors. Addresses for judges would also be concealed when they are up for retention elections. Passed 48-1. LB 230, also from Hallstrom, to restrict and regulate the sale of kratom to those 21 years of age or older, classify tianeptine ('gas station heroin') as a Schedule II controlled substance and prohibit the sale of nitrous oxide (laughing gas). Passed 49-0. LB 257, from State Sen. Dan Quick of Grand Island, creates a pathway for marriage and family therapists from other states to be licensed in Nebraska and increases the minimum liability coverage needed for child care licensing. Passed 46-3. LB 287, from State Sen. Terrell McKinney of Omaha, to give additional authority to cities of the metropolitan class (Omaha) to crack down on bed bug infestations and regulate housing authorities within metropolitan cities for pest control, regular inspections, property registrations, penalties or requiring updates to the city council. Passed 34-15. LB 332, from State Sen. Brian Hardin of Gering, to create assistant funeral directors, permit pharmacists to dispense emergency refills in certain circumstances and require Medicaid coverage for psychology services provided by qualifying advanced-level practitioners supervised by a licensed psychologist. Passed 49-0. LB 364, also from Quick, would allow the Legislature's Executive Board, when the Legislature is not in session, to approve an 'indication of intent' from the Nebraska Game and Parks Commission to move land into the state park system. Passed 46-3. LB 526, from State Sen. Mike Jacobson of North Platte, to allow a public power supplier to pass on costs to or require additional terms and conditions of cryptocurrency mining operations, including if the operation necessitates infrastructure upgrades. Passed 49-0. LB 561, also from Brandt, would create a special permit for overweight vehicles carrying raw milk up to 107,500 pounds. The Nebraska Department of Transportation would need to create a list of bridges that would and would not support the weight. Passed 49-0. LB 660, from State Sen. Bob Andersen of north-central Sarpy County, would require state agencies to regularly review regulations and repeal unnecessary rules, mandate an updated inventory of federal funds the state relies on along with contingency plans in the event of reductions in federal support and permit legal challenges against rules or regulations in local district courts rather than only in Lancaster County. Passed 49-0. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
13-05-2025
- Business
- Yahoo
Nebraska's $11 billion budget for 2025-27 advances to final round with $1.1 million to spare
State Sen. Rob Clements of Elmwood, chair of the Legislature's Appropriations Committee. May 12, 2025. (Zach Wendling/Nebraska Examiner) LINCOLN — Nebraska lawmakers gave second-round approval Monday to a series of budget bills for the next two years, moving one stage away from closing a projected deficit of more than half-a-billion dollars. The mainline budget bills, Legislative Bills 261 and 264, dominated debate Monday with a handful of changes. Other budget bills to appropriate additional funds to agencies for this fiscal year (LB 260) and to appropriate salaries for state senators (LB 262) and constitutional officers (LB 263) advanced last week with little debate. Also advancing Monday were LB 513, from State Sen. Carolyn Bosn of Lincoln, to give all judges in the state a 1.5% salary increase in each of the next two years, and LB 534, from State Sen. Kathleen Kauth of Omaha, to cover about $2 million in legal claims against the state. With no further amendments expected, lawmakers will vote one last time on the budget bills Thursday, the final day to pass the budget, and send them to Gov. Jim Pillen, according to a scheduling announcement by Speaker John Arch of La Vista. Lawmakers will have $1.1 million to spare. However, using the one-time fixes in cash fund sweeps and borrowing from the state's 'rainy day fund' to close the budget gap for the next two-year budget mean that lawmakers for the following biennium would be at least $110 million in the hole, current projections indicate. Pillen retains his veto pen, including for line items, which could change the final figures. It takes 30 votes to override a veto. The narrow positive balance will make it difficult to pass other senator priority bills this year with a revenue impact or cost, such as to reduce the state's inheritance tax (LB 468), ban most tetrahydrocannabinol (THC) products in the state (LB 316) or crack down on adversarial nations' 'agents' (LB 644). State Sen. Rob Clements of Elmwood, chair of the Legislature's Appropriations Committee, confirmed the hundreds of millions of dollars moved to close the projected deficit through June 30, 2027 — in cash fund transfers, reduced spending and taking from the state's 'rainy day' fund — is the most he's seen in his ninth year on the committee. He said appropriators shifted hundreds of millions of dollars in 2017, too, but had more time to respond, rather than this year's 'devastating' economic forecast that came in April. 'I'm pleased with the results of the budget,' Clements said after the debate. 'I'm glad that we have a balanced budget again.' When lawmakers returned in January, they faced a projected $433 million shortfall for the next two years, a number that has since grown. Lawmakers have shifted funds or cut spending by $850 million to cover the deficit since it was identified last November. A large part of the deficit, but not all, came because the state's economy, measured by per capita income, is doing well compared to other states. As a result, the federal government pulled back on the percentage of Medicaid costs it covers in Nebraska, passing on a cost of about $55 million this fiscal year and nearly $300 million next year. Blame for the remaining deficit largely differs by political ideology in the Legislature, with conservatives blaming shaky economic forecasts and progressives, such as State Sen. Danielle Conrad of Lincoln, blaming 'inequitable, unaffordable tax cuts' passed in 2023. By Jan. 1, 2027, Nebraska's income tax rate for corporations and for individuals making $18,000 or more will fall to 3.99%. At that point, there will be three individual tax tiers, rather than four. Conrad blamed Pillen and his legislative allies for the tax cuts, stating the economic forecasts are not like a 'weather forecast' and that economic projections are lower 'not by fluke, not by accident, not by surprise, but by design.' She said 'chickens are coming home to roost.' State Sen. Machaela Cavanaugh of Omaha, a member of the Appropriations Committee, alleged Clements and other committee members didn't do their work or properly vet all the proposals before the Legislature. Instead, she said, senators gave a 'rubber stamp' to many budget cuts and fund transfers that Pillen and his staff requested. 'We have cooked the books,' Cavanaugh said. 'This isn't real. This isn't real money.' Echoing Cavanaugh, State Sen. Ashlei Spivey of Omaha, a freshman on the Appropriations Committee, cautioned that one budget-balancing measure — sweeping an estimated $24 million in unspent agency funds by this June 30 — also isn't reality. She said at least $7 million of those funds intended to be swept from the Nebraska Department of Education are already obligated and will be spent. However, State Sen. Mike Jacobson of North Platte told colleagues not to get 'too carried away' on what he termed as 'demagoguing' of 'the sky is falling.' He pointed to possibly rosier forecasts in the state's future that opponents rejected as natural wage growth. Clements, too, has said lawmakers knew getting to 2027 would be a 'pinch point.' 'Let's focus on real numbers. Let's focus on the numbers we know,' Jacobson said. Conrad, a former eight-year member of the Appropriations Committee, said she was 'intimately familiar' with the budget and told Jacobson and others she would 'not be mansplained by anybody in this body how the state budget works.' State Sen. Ben Hansen of Blair described what he viewed as a federal 'carrot becoming a stick' for state spending cuts and that lawmakers should be looking at 'tightening our belts as best we can.' He noted federal proposals in Congress to cut spending, particularly to Medicaid. 'It's not about tightening our belt, as it is, we might be having to lop off limbs in order to help pay for our budget,' Hansen said of the future. Cavanaugh has suggested lawmakers might need to come back for a special session, which some Republicans rejected publicly but quietly acknowledged is possible. If state revenues don't bounce back, lawmakers who are set to adjourn in less than a month could be back sooner than next January. After the budget bills pass, Pillen has set his sights on additional property tax relief that, with the final budget balance, would likely only come with increased sales or 'sin' tax revenue, such as through currently exempt goods or services, a proposal that failed to gain traction last summer. Throughout Monday, the budget deficit fluctuated as lawmakers approved final cash transfers and additional spending. Lawmakers closed the last remaining gap by taking $5 million more from the state's 'rainy day' cash fund. 'It's the 'rainy day' fund, and folks, it's raining,' said State Sen. Rick Holdcroft of Bellevue, who secured $3 million more for the Nebraska Supreme Court. Holdcroft framed his proposal as investing in the Nebraska Supreme Court's 'core judicial services that are delivering results' and uplifting public safety, such as problem-solving courts and probation services that court officials said could be in jeopardy without additional funds. Problem-solving courts are intensive court programs bringing individuals and families together with one-on-one interactions with judges, prosecutors and defense attorneys, law enforcement, court officials and more to help Nebraskans. This includes Adult Drug and DUI Courts, Veterans Treatment Courts, Reentry Courts, Juvenile Drug Courts, Young Adult Courts, Mental Health Courts and Family Treatment Courts. Each year, it costs the state about $4,400 per participant in problem-solving courts, Holdcroft said, compared to $41,000 for incarceration. Clements and State Sen. Rob Dover of Norfolk said the courts had enough funds for the next year, citing the Legislative Fiscal Office, but that if the courts needed additional funds, officials could request more funding in January for the following fiscal year. State Sen. George Dungan of Lincoln, an attorney, said that even if that was true, the fiscal office doesn't make policy. He told senators to listen to county attorneys and others 'who are running around like their hair is on fire' to promote a 'need,' not a 'want.' Holdcroft said he understood that all senators were looking for ways to close spending but that they needed to distinguish between 'cost savings' and 'cost shifting,' which he said would fall to county jails, emergency responders, the Nebraska Department of Correctional Services and families or communities 'already under stress.' If the programs were cut, Holdcroft said, the people who need the programs 'don't disappear.' 'They simply fall through the cracks into more expensive and less effective systems,' Holdcroft. 'If we let that happen, we are not saving the state money. We are making the problem worse and paying more for it down the line.' State Sen. Bob Hallstrom of Syracuse also made a deal to take $8 million out of the state's Affordable Housing Trust Fund to preserve $4 million each in the Middle Income Workforce Housing Fund and the Rural Workforce Housing Fund. Hallstrom said some projects in the workforce housing funds were put 'in limbo' with the pending cuts, echoing Dover that 'a house built today is much better than delaying the building of that house until a later time.' 'I will pledge to use whatever is at my disposal to try and avoid the ultimate transfer a couple years down the road from this fund,' Hallstrom said. Conrad said lawmakers budget for two years, not one, and shouldn't 'backfill.' Another major change, but not to the state's bottom line, came in Bosn earning support for $3 million in each of the next two years to support domestic violence services for survivors. Bosn said the 'life-saving interventions' are required under state law but that it has been a 'critical funding failure' as a previous 'fix' fell short in actually getting dollars to survivors. She said federal funding in this area has also been cut. 'This amendment is about making sure survivors are not turned away,' Bosn said. Conrad, in a tense exchange with Bosn, asked whether she voted for Trump and envisioned the cuts coming. Bosn said she did vote for Trump but didn't expect the cuts. State Sen. Jason Prokop of Lincoln had brought similar legislation this year, LB 348, seeking to find a long-term fix for domestic violence services. The solution fell on the Medicaid Managed Care Excess Profit Fund, a cash fund that collects excess Medicaid dollars for use in other areas, such as supporting new moms and babies. However, that's the same fund that Clements and a majority of his committee targeted for $10 million to help rightsize the budget. Taken together with Bosn's changes and others this session, fiscal estimates show the fund would be depleted next fiscal year for a variety of services. In other changes to the state's main budget, State Sen. Wendy DeBoer of Omaha clarified that lawmakers could sweep only $4 million in unspent funds for work on broadband, rather than a planned $5 million transfer. Clements and State Sen. Mike Moser of Columbus, chair of the Legislature's Transportation and Telecommunications Committee, confirmed the situation. DeBoer identified the error Monday morning after continuing to review a last-minute 'murder sheet' of additional cuts last week. 'If this was a road, I'd be all over it,' Moser said, praising DeBoer. State Sen. Dave Murman of Glenvil restored $264,488 of a larger planned cut to Educational Service Units in a 42-0 vote. An earlier amendment from Murman that didn't specify where the funds would come from failed 17-26 before he refiled the amendment to use general funds. Murman, chair of the Education Committee, said ESUs might have made up the cut by increasing property taxes. Dover secured $1 million for the Robert B. Daugherty Water for Food Global Institute at the University of Nebraska 'to support water and agricultural research and existing collaborative initiatives to implement best practices in water conservation.' A vote to preserve the funding in committee stalled 4-4, with Dover missing the vote for a doctor's appointment. State Sen. Brad von Gillern of the Elkhorn area, chair of the Revenue Committee, said the state funding was critical in the public-private partnership to not 'run-off' private investors. Clements said that NU could find the funding elsewhere as he noted its set to get more than $13 million more in the next biennium, which is less than the NU Board of Regents requested. NU President Jeffrey Gold has said tuition increases could be in the future. Lawmakers rejected an amendment from Conrad, to restore $500,000 in a Nebraska State Patrol cash fund for equipment, and State Sen. Terrell McKinney of Omaha, to continue diverting at least $20 million in interest from the proposed new state prison and proposed Perkins County Canal to economic recovery. McKinney said the previous deal was transferring interest for three years, not two, and that 'a deal is a deal and a deal should be honored.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
01-05-2025
- Health
- Yahoo
Medical cannabis regulations advance from Nebraska legislative committee
Supporters of medical cannabis helped two measures reach the 2024 general election ballot, Initiatives 437 and 438. Some spoke during a public hearing at the University of Nebraska at Omaha on Oct. 25, 2024. (Zach Wendling/Nebraska Examiner) LINCOLN — A legislative bill designed to help implement medical cannabis in Nebraska narrowly advanced from committee Thursday in the waning days of the 2025 session. Legislative Bill 677, from State Sen. Ben Hansen of Blair, advanced 5-3 from the General Affairs Committee. It would set up a clearer state regulatory scheme for the medical cannabis system that voters overwhelmingly approved in November. Just two weeks ago, the bill failed to advance 3-5 after no committee member tried to adopt a narrowing amendment. A new 'compromise' amendment adopted Thursday passed with one major change: up to 2 ounces of cannabis flower or bud could be sold to a qualified patient or caregiver. Smoking would not be allowed, and post-traumatic stress would not be a qualified medical condition, similar to the most recent version of LB 677 from Hansen. The latest changes won over conservative State Sens. Rick Holdcroft of Bellevue and Stan Clouse of Kearney, who voted to advance the bill with three Democrats, State Sens. John Cavanaugh of Omaha, Dan Quick of Grand Island and Victor Rountree of Bellevue. State Sens. Bob Andersen of north-central Sarpy County, Barry DeKay of Niobrara and Jared Storm of David City, all Republicans in the officially nonpartisan body, again opposed LB 677. Hansen, a Republican, said Thursday's action is the 'first step of a few to move the ball forward, but instead of it being stagnant, it's like you finally gave it a kick.' Crista Eggers, executive director of Nebraskans for Medical Marijuana, whose son would benefit under the law, said LB 677's advancement to the legislative floor was an 'extremely huge win' for patients and advocates who have fought for more than a decade for the measure. That timeline includes three ballot campaigns, multiple court cases and numerous legislative bills, including the most recent bill in 2021, which stalled by one vote. 'I think today we saw that the determination and the grit and the hurdles and the setbacks, they've all been worth it,' Eggers told reporters. 'We are extremely happy.' Hansen has said getting LB 677 passed this spring is critical to prevent the 'Wild West,' as it's unclear what would happen without state funds or clearer enacting legislation for the new Nebraska Medical Cannabis Commission that voters also created. The law allows patients to possess up to 5 ounces of medical cannabis with a physician's recommendation. The Legislature's budget-writing Appropriations Committee plans to provide an extra $30,000 to the Nebraska Liquor Control Commission, at the executive director's request, to cover additional duties that his staff will jointly take on with the Medical Cannabis Commission. The three commissioners on the Liquor Control Commission also serve on the Medical Cannabis Commission. LB 677, as amended, would explicitly allow commission staff to share resources in carrying out each group's respective responsibilities. Storm and Andersen again led opposition to LB 677 during a committee meeting over concerns it represented 'big marijuana' and that the proposal, as advanced, essentially enables recreational marijuana, which Hansen denies. Andersen called the latest iteration of LB 677 among the 'most liberal' and asked how lawmakers could rectify LB 677 with the position of Nebraska Attorney General Mike Hilgers that the Legislature should not act on any medical marijuana legislation. Holdcroft and Cavanaugh, the chair and vice chair of the General Affairs Committee, repeatedly pushed back and said they had to do something for the voters and that Hilgers' opinion was just that, an opinion. Part of the concern is that passing LB 677 could nullify the pending appeal to the Nebraska Supreme Court over whether the ballot measures should have been allowed to be voted on. In Lancaster County District Court, Hilgers lost. This week, in an interview with Nebraska Public Media, Hilgers described the situation as a 60-yard or 65-yard game-winning field goal when there was 'clearly' an offensive player offside or who had a false start, or some other penalty. In his analogy, Hilgers is the referee. 'It has to be done the right way or it shouldn't count,' Hilgers said in that interview. Holdcroft in March, questioning a representative of the AG's Office opposing LB 677 at the bill's public hearing, said he felt Hilgers 'wants us to keep this law stupid, where he can find some loopholes in it and make it illegal.' 'The Legislature just isn't that kind of body,' Holdcroft said at the time. DeKay questioned whether LB 677 could lead to the 'black market,' because of a patient's immunity from possessing cannabis regardless of the source. Hansen's bill would tax medical cannabis the same as other products — 5.5 cents per $1, prior to local sales taxes. Cavanaugh, a lawyer, said black markets thrive on uncertainty and that if DeKay, Andersen or Storm wanted to stop that, then they should support LB 677. 'I am in favor of this because the voters voted for it, and this makes it safe, regulated and accessible,' Cavanaugh said, though he said he wished the bill also allowed PTSD as a qualifying condition. Clouse indicated that he still would have some amendments coming to the bill — the specifics of which he didn't share. He has said he wants to allow the governor to appoint up to two more outside members in addition to the two he can already appoint. The governor also already appoints the three commissioners to the Liquor Control Commission. Outside appointees, Clouse said, could perhaps include law enforcement or supply chain representatives. LB 677 would require at least one appointee to be a health care practitioner. Members would serve six-year terms. Gov. Jim Pillen this week appointed Lorelle Mueting, the prevention director of Heartland Family Service, which, among other things, connects people to substance abuse treatment, and Dr. Monica Oldenburg, an anesthesiologist, to the commission. Both women opposed recent medical cannabis proposals in Nebraska, Oldenburg in 2019 and Mueting in March. The General Affairs Committee will host hearings on the appointments this session. At one point during the sometimes contentious afternoon meeting, Holdcroft said he wasn't going to convince Andersen or Storm and called the vote. Holdcroft said the full Legislature deserved to be able to debate LB 677, with a chance of passage. Other changes advanced as part of the amended LB 677, from what voters decided in November, include limiting a qualified 'health care practitioner' to licensed physicians, osteopathic physicians, physician assistants or nurse practitioners and practitioners. Medical providers could not recommend cannabis unless they have treated the patient for at least six months or if the provider primarily practices in Nebraska. Currently, a provider just has to be licensed anywhere in the country and follow the law to write a recommendation. Under existing statute, which has been the case since December, Nebraskans can use medical cannabis with a doctor's recommendation for any ailment. The amendment would limit 'qualifying medical conditions' to 15 ailments, similar to a list drafted by former State Sen. Anna Wishart of Lincoln with the Nebraska Medical Association on a previous bill: Amyotrophic lateral sclerosis. Autism with frequent self-injurious or aggressive behavior. Cancer. Crohn's disease or ulcerative colitis. Epilepsy or epileptic seizures. Hepatitis C that causes moderate to severe nausea or cachexia. Human immunodeficiency virus (HIV) or acquired immune deficiency syndrome (AIDS). Huntington's disease. Parkinson's disease. Spinal cord injury or disease with residual neurologic deficits. Terminal illness with a probable life expectancy of under one year. Tourette's syndrome. A serious medical condition or related treatment that causes severe nausea or cachexia. Severe and persistent muscle spasms caused by multiple sclerosis, spinal cord injury or muscular dystrophy. Severe or chronic pain lasting longer than six months that is not adequately managed, in the opinion of a health care practitioner, despite treatment attempts using either conventional medications other than opioids or opiates or physical interventions. Acceptable forms of cannabis would include edibles, concentrates, ointments, transdermal patches or creams, nebulizers and vaporizer cartridges or pens. Products intended for smoking, such as bongs or joints, could not be sold. Andersen and Storm said Nebraskans would just buy the flower or bud and make joints, which Cavanaugh and Holdcroft said would not be permitted. Eggers, Hansen and Holdcroft all noted the path ahead wouldn't be easy, with Eggers describing it as a 'huge journey' and Holdcroft saying he anticipated an 'uphill battle.' Hansen said that it was still too early to tell whether he could get 33 votes and pass the bill over the finish line. That's the minimum amount of votes needed under the Nebraska Constitution to amend a state law enacted by voters, regardless of a promised filibuster. Unlike other ballot measures this spring, supporters asked for companion legislation to beef up the proposal. Holdcroft said he would argue in favor of the measure but would 'reserve' his vote to see how the debate goes. This Saturday in La Vista, Sunday in Omaha and Monday in Lincoln, Holdcroft, Hansen and Cavanaugh will host public forums for the public to weigh in on medical cannabis. Eggers said Thursday also represented that senators were listening to voters on this issue and encouraged any Nebraskans to get engaged. Much of the next two weeks will be consumed by debate on the state budget. LB 677 is expected to be debated to its maximum debate limit across three stages of debate, lasting a combined 13 hours, leaving a tight timeline for LB 677 to become law. The bill would need to pass by June 2, in case it is vetoed by the governor, who has so far declined to weigh in on the bill but has joined Hilgers in saying the two have reservations. Hansen noted Hilgers' opposition is nothing new but that Hilgers, a former state senator and speaker of the Legislature, is a friend whom he trusts on many things. 'This is just one thing we differ on,' Hansen told the Nebraska Examiner. Hansen continued: 'I think he might know the legalities more than I do, but I know what the people want and what they deserve and what they voted for. We kind of have to meld those two things together somehow.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
28-03-2025
- Health
- Yahoo
Paid sick leave carveouts for smallest Nebraska businesses, minors, temp ag workers advance
Advocates for a minimum degree of paid sick leave for Nebraska workers brought boxes of petition signatures to downtown Lincoln before bringing them to the Nebraska Secretary of State's Office on June 27, 2024. (Zach Wendling/Nebraska Examiner) LINCOLN — Nebraska state lawmakers advanced a bill Friday that seeks additional carveouts to the language of the new paid sick leave law voters approved in 2024 before it takes effect this fall. Lawmakers voted 34-14 to advance Legislative Bill 415, with all Republicans and one Democratic senator voting to advance the bill in the officially nonpartisan body. The split vote came largely because of the folding in of LB 698, from freshman State Sen. Paul Strommen of Sidney, which opponents said would undercut the recently passed law. The amended LB 415 would not require paid sick leave to be given to 14 or 15 year olds, temporary or seasonal agricultural workers or workers in businesses with 10 or fewer employees. Businesses could still choose to offer such leave to these employees. State Sen. John Fredrickson of Omaha did not vote for or against advancing the amended bill in part because he viewed the underlying LB 415, as introduced, as an important bill. He said his 'present, not voting' position was a 'show of good faith' that Strommen might listen to some concerns raised during debate in future rounds of debate on the bill. Beginning Oct. 1, under the currently approved law, businesses with fewer than 20 weekly employees would allow employees a process to accrue up to five days' worth of paid sick leave a year (40 hours), or seven days for larger businesses (56 hours). An hour of leave could be earned for every 30 hours worked. Employees can use paid sick leave for themselves or a family member for mental or physical illness, injury or a health condition or for a medical diagnosis or preventive medical care. Paid sick time could also be used during a public health emergency that closes a business or school. Voters adopted the paid sick leave ballot measure with nearly 75% of the vote in November, including majority support across all 49 legislative districts. The measure was heavily supported by Nebraska labor groups. Strommen said he believed it was the Legislature's duty to 'iron out details' and make the laws 'make sense for everyone, workers and businesses alike.' 'It is incumbent upon the legislature to ensure it is workable,' he said. The Paid Sick Leave for Nebraskans coalition said Friday that voters were clear in November about providing earned paid sick leave to all Nebraskans, regardless of age, sector, workforce status or business size. 'We are extremely disappointed by the Nebraska Legislature's egregious disregard of the will of Nebraska voters,' the coalition said in a statement. LB 415 was originally introduced by State Sen. Beau Ballard of Lincoln as a 'cleanup bill' that he worked on with the Nebraska Chambers of Commerce and advocates for paid sick leave. The campaign manager of last year's paid sick leave measure told the Nebraska Examiner in January they were 'not concerned' with the changes but would oppose any more expansive amendments. Ballard's bill would clarify that businesses that meet or exceed the new law would not need to change their existing leave policies, including accrual or carryover components. It would also clarify how leave can be requested and when employees could begin to accrue sick leave. 'LB 415 is a cleanup bill meant to clarify some of the concerns of members in the business community,' Ballard said of his introduced bill. Multiple senators had spoken in favor of Ballard's bill but withdrew their support after Strommen's bill was attached. While well-intentioned, Strommen said, he argued the new 'mandate' — his word for what voters passed — could raise costs or lead to lost jobs or wages, or some small businesses shutting down altogether. He said his bill recognized the will of voters while 'avoiding a few serious detriments.' 'While the idea of paid sick leave is appealing, government mandates on businesses can create unintended negative consequences for employees, specifically those who work for small businesses,' he said. Strommen's additions would also give the Nebraska Department of Labor sole authority to enforce the act, rather than private lawsuits. The bill will likely need to be amended in the future to maintain at least 33 votes, the minimum amount needed to change the voter-approved measure, under the Nebraska Constitution. Strommen has filed to add back in the private lawsuits enforcement, as has State Sen. Dave Wordekemper of Fremont. Other supporters said they wanted that change to be added back in. Two other amendments lawmakers could consider would keep the paid sick leave requirements for minors and ag workers and the right to sue if the paid sick leave is not granted. Both would continue to exempt the smallest businesses from the new requirement, as Strommen proposed. State Sen. George Dungan of Lincoln proposed keeping the 10 or fewer employee level, while State Sen. John Cavanaugh of Omaha has proposed lowering that to three or fewer employees, which is the cut-off for minimum wage. Across a full week of debate, opponents sought to frame the measure as one in a string of emerging bills that they said would hurt working families and roll back or sidestep recently approved ballot measures. In a heated exchange with Strommen, for example, Conrad asked why he would 'honor election elections for your race, but not for ballot initiatives?' Strommen said he voted against the measure in November. 'If you do not trust the election results, you should resign your position,' Conrad told Strommen. Strommen, who was visibly taken aback, scoffed and told her, 'That's fantastic.' He immediately put the question back on Conrad, asking if she was comfortable telling her constituents she opposed his changes that 'had the opportunity to ensure that they [her constituents] were going to have their jobs.' Conrad interrupted and said that wasn't her question, nor was it the question before voters. Whether lawmakers should amend any ballot measure shortly after its passage was another theme of the debate, teeing up an expected fight next week on whether to create exceptions or cap annual increases to the state minimum wage, which passed in 2022. State Sen. Jane Raybould of Lincoln, the Democratic lawmaker who supported the Strommen and Ballard bills, is leading the minimum wage changes in her 2025 priority bill: LB 258. Raybould's family created and owns B&R Stores, the parent company of Super Saver, Russ's Market and more. The company announced this week that she will step down as vice president of the company Monday. Raybould and State Sen. Bob Hallstrom of Syracuse pointed to the Nebraska Constitution allowing lawmakers to change ballot measures with a 33-vote supermajority. Raybould described that higher threshold as a 'balance' that is necessary when voters have a 'take it or leave it' option at the polls. 'To suggest that it is wrong for the Legislature to deliberate and bring thoughtful changes to legislation passed by initiative is like you're saying it is wrong for the people to have the right to a referendum,' Raybould said. If a ballot measure fails, supporters are prohibited under state law from advancing a similar measure at a future election for at least two years. The petition process must also be repeated. State Sen. Tony Sorrentino of the Elkhorn area said that if lawmakers truly didn't want to touch initiatives and consider them settled, he expected 'pro choice' lawmakers to never push to expand abortion in the state. 'I'm just following up on your ideas,' Sorrentino said. 'I have a feeling that probably won't happen, but I think you have to hear both sides of the logic.' State Sens. Terrell McKinney and Wendy DeBoer, both of Omaha, argued there was no binary option and that voters had the right to vote as they wanted to. DeBoer said if senators disagreed with voters, that's OK, but that it is the people who get to decide what government looks like. She said lawmakers 'do not have veto power over the people.' 'In every election as long as I can remember, there has been at least one result that I did not like, that I thought was foolish, that I thought was the wrong decision,' DeBoer said. She continued: 'If someone can say, 'No, we veto what the people say,' then we are no longer a government where the people choose.' Hallstrom described that as a 'false narrative' and said he didn't think anyone was saying voters were wrong or misinformed. Multiple senators said during the debate or off the floor that voters couldn't have possibly envisioned the full implications of the law. Some senators said they believed voters were likely more focused on abortion, school choice or marijuana last fall, not paid sick leave. No campaign was waged against the paid sick leave campaign, which Conrad said was 'because they knew they couldn't win' and that opponents wanted to 'sneak into the Legislature to undermine the will of the voters.' 'They did not do so with their fingers crossed behind their backs,' Conrad said. 'The election results were not notched with an asterisk saying, 'Oh, yes, it received 70% support, but we in leadership think Nebraska voters were not smart enough to understand what they were voting for.'' Conrad challenged those opposing the current law to run a ballot initiative themselves. Sorrentino, Conrad and McKinney are among those who brought measures this year related to recently approved ballot measures. In Sorrentino's case, he is seeking to revive a defeated school choice program via tax credits for scholarships, or vouchers, to private schools. Conrad and McKinney were among four senators to bring measures to clarify or change how medical cannabis should be implemented. State Sen. Mike Moser of Columbus said being told to offer increased minimum wage to all employees, no matter their work ethic, is one thing, while the addition of another 'mandate' like paid sick leave, 'again, without merit,' he said, is 'not an economic benefit to the employer.' 'Business owners are not bottomless wishing wells full of money for the benefit of their employees,' Moser said. Hallstrom said some businesses would face a 'double whammy' in paying someone out sick and paying a temporary worker. State Sen. Jana Hughes of Seward noted her children have done detasseling for several weeks in the summer, and she said they didn't need sick leave during that time. 'If they were sick, they stayed home and didn't get paid,' she said. Supporters of the paid sick leave law have said businesses are better off offering paid sick leave by being able to retain employees and avoiding workforce churn. They've also argued workers benefit from the paid time off because it gives them the flexibility to attend to their families and recover from illness without financial loss. McKinney and other opponents repeatedly read district-by-district election margins on the issue, which ranged from 60% in ruby-red north-central Nebraska for freshman State Sen. Tanya Storer all the way up to 92% support in McKinney's North Omaha district. 'Supporting 'family values' means supporting families, and that starts with letting people take care of sick kids or elderly parents without losing their income or taking care of themselves in time of sickness,' McKinney said. State Sens. Dunixi Guereca and Margo Juarez, both of Omaha whose districts were among those with the highest support for the measure, said they trusted voters to make the right choice. Guereca said the changes seek to exclude the 'very people' that some voters had in mind, such as a single mother who is a waitress or a worker in a small fabrication shop, who 'just need a little help.' Sorrentino said Strommen's bill was an 'extremely friendly amendment.' He noted the federal Family Medical Leave Act, to preserve employee's jobs up to 12 weeks of unpaid labor, applies to businesses with 50 or more employees in a 75-mile radius. 'It was administratively and financially a huge burden on them. There's no reason to burden 10 lives or less with this law,' he said. 'I think [LB] 415 was a good law. I think as amended, it's a better law.' Nebraska Examiner senior reporter Cindy Gonzalez, political reporter Juan Salinas II and editor-in-chief Aaron Sanderford contributed to this report. The Paid Sick Leave for Nebraskans campaign raised a total of $3.4 million, the vast majority in 2023, and spent $3.3 million on the campaign, according to most recent filings with the Nebraska Accountability and Disclosure Commission. Nearly all funds came from organizations; $460 came from individuals. By December 2023, the D.C.-based Sixteen Thirty Fund had donated $1.92 million. The fund is managed by Arabella Advisors, which was founded by a former administration appointee by former President Bill Clinton. It oversees a hub of other left-leaning nonprofits that have received donations from billionaire George Soros in the past. It doesn't disclose its donors. The campaign has also received $350,000 from the Open Society Policy Center, a principal financial arm founded by Soros, and about $280,000 from the D.C.-based The Fairness Project. The Fairness Project donated to various ballot measure campaigns in Nebraska's past three statewide elections to increase Nebraska's minimum wage, curb predatory payday lending and expand Medicaid. The largest local donating group to the sick leave campaign was Nebraska Appleseed — a local nonprofit focused on child welfare, immigration, health care and poverty. It gave about $555,520. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
25-03-2025
- Health
- Yahoo
Medical cannabis bill awaits amendment as possible green light to full Nebraska Legislature
Supporters of medical cannabis helped two measures reach the 2024 general election ballot, Initiatives 437 and 438. Some spoke during a public hearing at the University of Nebraska at Omaha on Oct. 25, 2024. (Zach Wendling/Nebraska Examiner) LINCOLN — The legislative committee mulling how to help implement Nebraska's voter-led medical cannabis laws awaits an amendment before lawmakers vote on whether to advance the bill. Legislative Bill 677, from State Sen. Ben Hansen of Blair, seeks to help carry out the overwhelming voter approval to legalize and regulate medical cannabis in the state last fall. His bill would create a regulatory structure for licensing and detail how patients or caregivers could become registered to obtain up to 5 ounces of physician-recommended cannabis at one time. State Sen. Rick Holdcroft of Bellevue, chair of the Legislature's General Affairs Committee, said last week that he and seven other committee members were awaiting a final amendment that could help the currently deadlocked committee decide whether to advance the bill. 'The people have spoken, and we need to put in place the best possible regulatory structure,' Holdcroft told the Nebraska Examiner. Hansen has said one key change in his amendment would be tracking medical cannabis through the state's prescription drug monitoring program, similar to the process for opioids. At least nine states use a local prescription drug monitoring program to carry out local medicinal cannabis laws. The Blair senator has also voiced support for defining a 'qualifying medical condition' for which a health care practitioner may recommend the drug and requiring that a physician be required to be appointed to one of the two at-large spots on the Nebraska Medical Cannabis Commission charged with regulating and implementing the laws. The new commission automatically includes the three commissioners of the Nebraska Liquor Control Commission. Under current law, the governor has the option to appoint two more members. Nebraska Attorney General Mike Hilgers and U.S. Sen. Pete Ricketts, R-Neb., have urged the Legislature to take no action on the laws. Hilgers' office has threatened legal action if the new commission licenses new businesses later this year or in the future. However, every member of the General Affairs Committee in talking with the Examiner said some legislation could be helpful in upholding the will of the people. Holdcroft, as chair, has already designated LB 677 as one of his committee's two 2025 priority bills, increasing the chances the bill would be debated by the full Legislature, if it moves forward. The final amendment could be key to LB 677's prospects this year as Holdcroft and State Sens. John Cavanaugh of Omaha, Dan Quick of Grand Island and Victor Rountree of Bellevue have already voiced support for advancing the bill. The bill needs at least five votes to advance to the floor. Cavanaugh, the committee vice chair, as well as Quick and Rountree, said the will of the people is clear about legalized medicinal cannabis. 'I think that we should disturb that as little as possible while giving structure to it,' Cavanaugh said. Rountree echoed that 'the people are wise,' while Quick noted medical cannabis could be the right alternative for some people compared to opioid prescriptions. The other half of the committee still has some concerns, State Sens. Bob Andersen of north-central Sarpy County, Stan Clouse of Kearney, Barry DeKay of Niobrara and Jared Storm of David City. Storm brought a competing cannabis-related bill to the committee this year that would limit the forms of legal medical cannabis with a much smaller legal amount. Much of the caution centers on a desire to prevent a legal path in the future toward recreational marijuana. Some senators also have said they are concerned because the substance remains listed as a Schedule I drug by the federal government. Federal agencies have taken steps toward reclassification, and President Donald Trump has also voiced support for legalized cannabis. Thirty-eight other states legalized medicinal cannabis before Nebraska. 'We need to maintain the will of the people, but we need to do it in a responsible way,' Andersen said last week. Clouse and DeKay said they would like to limit or eliminate smoking as an acceptable form of taking or ingesting medical cannabis. Public smoking is already prohibited under the state's Clean Indoor Air Act passed in 2008, similar to cigarettes and vapes. DeKay said his preference would be limiting medicinal cannabis to pills, oils or ointments. 'I will support medical marijuana but it may not be totally in agreement with what everybody wants to on the committee,' DeKay said. Lawmakers, advocates mull medical cannabis regs to prevent 'Wild West' in Nebraska Under the voter-approved laws, medical cannabis is legal in all forms with a written physician's recommendation. The Nebraska Department of Health and Human Services had not issued any guidance on the laws as of earlier this month. Clouse and Storm have said a physician should serve on the commission, and Clouse said the fifth spot should be reserved for a law enforcement representative. 'I think there is a need and use for medicinal cannabis and marijuana,' Clouse said. 'I think we need to regulate it so that the people that need it are getting it but it doesn't turn into something that eventually evolves into recreational use.' Nebraskans for Medical Marijuana, the group that spearheaded the ballot initiative, has focused its attention on Andersen, Clouse and DeKay to find one more vote to get LB 677 to the floor. Gov. Jim Pillen has not weighed in on Hansen's bill but in December, when signing the measures into law, joined Hilgers in stating that 'serious issues' remained about the validity and legality of the laws. Storm in January brought LB 483 to limit permissible cannabis forms to pills and liquid tinctures, but he's since said he is open to oils, creams, ointments, suppositories or nebulizers. He's pointed to the medical program in Iowa that prohibits smoking cannabis in any form. A freshman senator from David City, Storm said at his bill's hearing that he has sympathy for those suffering but is focused on getting the regulations right. 'I think that we slow walk it and we get this right, because if we get it wrong, you let the genie out of the bottle, you're not getting it back in,' Storm said earlier this month, suggesting delaying action to 2026. 'So we slow walk this, do what's right, truly help people the best we possibly can.' Hilgers said last week at a news conference that the Feb. 28 amendment from Hansen risked rewriting the voter-approved process and creating 'an entire infrastructure and licensing scheme to set the stage for recreational marijuana.' 'It is not the will of the people to take an opening on medicinal marijuana, rip up the regulatory structure passed by the people, and pass something that appears to have been drafted entirely by, or mostly, by out-of-state interests who want to exploit the Nebraska market for their own particular profit,' he said. Hilgers encouraged anyone interested in the issue, which he described as 'most Nebraskans,' to read Hansen's latest amendment 'and walk away with any other impression other than this is set up for a recreational marijuana industry.' Hilgers' office opposed LB 677 and threatened legal action against the Medical Cannabis Commission if it licenses businesses. Hilgers said his office would have 'more to say in the coming days and weeks' on the proposals. Hansen has repeatedly pushed back on criticisms that his bill could lead to recreational marijuana use, telling the committee that is a conversation for the future while his bill seeks to address and avoid the potential 'Wild West' if no bills are passed this year. Holdcroft the past two years voted against recreational marijuana on the Judiciary Committee, but, medicinally, 'the people have spoken,' he said. Like Hansen, Holdcroft too has pushed back on the Attorney General's Office, which would have a dedicated assistant attorney general under LB 677 to assist the commission. 'What I'm hearing here … is the attorney general wants us to keep this law stupid, where he can find some loopholes in it and make it illegal,' Holdcroft told a representative of the AG's Office at LB 677's hearing. 'The Legislature just isn't that kind of body.' Tight deadlines present another set of wrinkles in setting up the new medical cannabis laws. Under the voter-approved law, the Medical Cannabis Commission has until July 1 to establish criteria to accept or deny applications for registered establishments. Registrations must begin by Oct. 1. Hobert Rupe, executive director of the Nebraska Liquor Control Commission, who under Hansen's bill could serve the same role on the Medical Cannabis Commission, told the General Affairs Committee and Appropriations Committee last week that his team has no budget for the medical cannabis work. 'As you're aware, the public passed the initiatives,' Rupe told the Appropriations Committee on Thursday. 'Well, what they did was they created an agency without any budget or any staff.' Rupe said those funds could come either through the next two-year state budget or an accompanying appropriation through Hansen's bill, if passed. Without a budget, the commissioners can't have a public hearing without paying for or creating a public hearing notice. The Examiner asked State Sen. Rob Clements of Elmwood, chair of the Appropriations Committee, on Thursday, before Rupe's budget hearing, what the committee would do with the new commission. Clements said it was the first he had heard of the new commission and its budget. Rupe told Clements' committee that getting a cannabis bill out of committee could help him and his commissioners 'hang our hat on' it taking effect and plan ahead, given the timeline. 'I hope that whatever comes out of the Legislature … might extend those deadlines a little bit,' Rupe said. 'Even so, even if that's extended, that's not a lot of time to do a stand-up agency, even if they are sharing resources with us.' The latest amendment to Hansen's bill would delay the initial rulemaking to Oct. 1 and set a first round of applications between Oct. 13 and Dec. 15. Those applications would need to be approved or denied by March 16, 2026. Of the budget, Clements told Rupe of Hansen's pending bill: 'I guess we'll have to wait and see what comes out there then.' Hansen's bill, because it would amend legal language from a ballot measure, would require at least 33 votes to take effect, regardless of any filibuster, under the Nebraska Constitution. John Kuehn v. Secretary of State Bob Evnen and ballot sponsors Anna Wishart, Crista Eggers and Adam Morfeld (alleging fraud and that ballot measures should not have been put on the ballot) Sept. 12: Lawsuit filed to invalidate medical cannabis petitions. Evnen and the Attorney General's Office later joined forces with Kuehn against the proposed laws. Oct. 29-Nov. 4: Civil trial is held against the medical cannabis ballot measures. Nov. 5: Nebraskans overwhelmingly approve measures to legalize and regulate medical cannabis. Nov. 26: Lancaster County District Judge Susan Strong rules in favor of the ballot measure sponsors, upholding the vote of the people. Dec. 5: Appeal filed to Nebraska Court of Appeals, days later picked up by the Nebraska Supreme Court. March 10: Kuehn files a brief explaining the reason for appeal. Early April: Evnen's brief regarding the appeal or cross-appeal, if any, is due. Late April/Early May: The ballot sponsors' brief or cross-appeal, if any, is due. After this point, the case can be listed as ready for oral arguments at a future date. John Kuehn v. Gov. Jim Pillen; Secretary of State Bob Evnen; ballot sponsors Anna Wishart, Crista Eggers and Adam Morfeld; Nebraska Department of Health and Human Services CEO Steve Corsi; State Treasurer Tom Briese; Nebraska Tax Commissioner Jim Kamm; and three commissioners on the Nebraska Medical Cannabis Commission Bruce Bailey, Harry Hoch, Jr. and Kim Lowe (alleging medical cannabis laws are unconstitutionally preempted by the federal government) Dec. 10: Lawsuit filed to stop the implementation of the ballot measures. Dec. 11: Lancaster County District Judge Susan Strong declines to block measures from taking effect. Dec. 12: Pillen signs ballot measures into law to legalize and regulate medical cannabis. Jan. 10: Kuehn amends lawsuit to include Corsi, Briese, Kamm, Bailey, Hoch and Lowe. Feb. 14: Pillen, Evnen, Corsi, Briese and Kamm (the 'state defendants') file to dismiss the case. Feb. 17: Ballot sponsors file to dismiss the case. Late March: Any remaining motions to dismiss or briefs in support of motions to dismiss are due. Late April: Kuehn deadline to reply to motions to dismiss. Mid-May: Any reply briefs to Kuehn are due. May 20: Judge Strong will host an in-person hearing at 10 a.m. on the motions to dismiss. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
