Soy, oat, almond and other drinks that bill themselves as “milk” can 
keep using the name, according to draft federal rules released 
Wednesday.

Food and Drug Administration officials <a href="https://www.fda.gov/regulatory-information/search-fda-guidance-documents/draft-guidance-industry-labeling-plant-based-milk-alternatives-and-voluntary-nutrient-statements">issued guidance</a>
 that says plant-based beverages don’t pretend to be from dairy animals –
 and that U.S. consumers aren’t confused by the difference.

Dairy 
producers for years have called for the FDA to crack down on plant-based
 drinks and other products that they say masquerade as animal-based 
foods and cloud the real meaning of “milk.”

Under the draft rules,
 the agency recommends that beverage makers label their products clearly
 by the plant source of the food, such as “soy milk” or “cashew milk.”

The
 rules also call for voluntary extra nutrition labels that note when the
 drinks have lower levels of nutrients than dairy milk, such as calcium,
 magnesium or vitamin D. They would continue to allow labels that note 
when plant-based drinks have higher levels. Fortified soy milk is the 
only plant-based food included in the dairy category of U.S. dietary 
guidelines because of its nutrient levels.

The new guidelines are 
aimed at providing consumers clear nutrition information, FDA 
Commissioner Dr. Robert Califf said in a statement. The draft rules do 
not apply to nondairy products other than beverages, such as yogurt.

The
 National Milk Producers Federation, an industry trade group, applauded 
the call for extra nutrition information on drink labels, but said they 
rejected the FDA’s conclusion that plant-based drinks can be called milk
 because it’s a “common and usual name.”

The Good Food Institute, a
 group that advocates for plant-based products, objected to the extra 
labeling in a statement, saying “the guidance misguidedly admonishes 
companies to make a direct comparison" with cow’s milk, even though key 
nutrients are already required to be listed.

In recent years, the 
number of plant-based drinks has exploded to include dozens of 
varieties, including cashew, coconut, hemp and quinoa-based beverages. 
Although the drinks are made from the liquid extracts of plant 
materials, they are frequently labeled – and described – as “milks.”

In
 the U.S., almond milk is the most popular variety, but oat milk has 
been seeing the fastest growth. Still, nondairy sales are dwarfed by 
traditional milk. Sales of refrigerated cow’s milk grew to $12.3 billion
 in the 52 weeks ending Jan. 28, compared to $2.5 billion for nondairy 
milk, according to NielsenIQ.

In the past, lawmakers in dairy 
states have tried to get bills passed that would require the FDA to 
enforce a federal standard that defines “milk” as the product of 
“milking one or more healthy cows.”

The agency will accept comments on the draft guidelines through April 23.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/2/1677108225305.jpg" alt="Draft U.S. rules would allow soy, oat, almond and other drinks that bill themselves as “milk” to keep using the name. Image courtesy of Pixabay" />
 <figcaption>Draft U.S. rules would allow soy, oat, almond and other drinks that bill themselves as “milk” to keep using the name. Image courtesy of Pixabay</figcaption>
 </figure>Associated PressSoy, oat, almond and other drinks that bill themselves as “milk” can 
keep using the name, according to draft federal rules released 
Wednesday.Food and Drug Administration officials <a href="https://www.fda.gov/regulatory-information/search-fda-guidance-documents/draft-guidance-industry-labeling-plant-based-milk-alternatives-and-voluntary-nutrient-statements">issued guidance</a>
 that says plant-based beverages don’t pretend to be from dairy animals –
 and that U.S. consumers aren’t confused by the difference.Dairy 
producers for years have called for the FDA to crack down on plant-based
 drinks and other products that they say masquerade as animal-based 
foods and cloud the real meaning of “milk.”Under the draft rules,
 the agency recommends that beverage makers label their products clearly
 by the plant source of the food, such as “soy milk” or “cashew milk.”The
 rules also call for voluntary extra nutrition labels that note when the
 drinks have lower levels of nutrients than dairy milk, such as calcium,
 magnesium or vitamin D. They would continue to allow labels that note 
when plant-based drinks have higher levels. Fortified soy milk is the 
only plant-based food included in the dairy category of U.S. dietary 
guidelines because of its nutrient levels.The new guidelines are 
aimed at providing consumers clear nutrition information, FDA 
Commissioner Dr. Robert Califf said in a statement. The draft rules do 
not apply to nondairy products other than beverages, such as yogurt.The
 National Milk Producers Federation, an industry trade group, applauded 
the call for extra nutrition information on drink labels, but said they 
rejected the FDA’s conclusion that plant-based drinks can be called milk
 because it’s a “common and usual name.”The Good Food Institute, a
 group that advocates for plant-based products, objected to the extra 
labeling in a statement, saying “the guidance misguidedly admonishes 
companies to make a direct comparison" with cow’s milk, even though key 
nutrients are already required to be listed.In recent years, the 
number of plant-based drinks has exploded to include dozens of 
varieties, including cashew, coconut, hemp and quinoa-based beverages. 
Although the drinks are made from the liquid extracts of plant 
materials, they are frequently labeled – and described – as “milks.”In
 the U.S., almond milk is the most popular variety, but oat milk has 
been seeing the fastest growth. Still, nondairy sales are dwarfed by 
traditional milk. Sales of refrigerated cow’s milk grew to $12.3 billion
 in the 52 weeks ending Jan. 28, compared to $2.5 billion for nondairy 
milk, according to NielsenIQ.In the past, lawmakers in dairy 
states have tried to get bills passed that would require the FDA to 
enforce a federal standard that defines “milk” as the product of 
“milking one or more healthy cows.”The agency will accept comments on the draft guidelines through April 23.

No cow needed: Oat and soy can be called milk, FDA proposes

DENVER — Mass shootings in America invariably raise questions of fault. The police's <a href="https://apnews.com/article/uvalde-school-shooting-politics-texas-shootings-police-644dc916ad976b2a95d2373e47565e9a">delayed response</a> outside a middle school in Uvalde, Texas. A district attorney's <a href="https://apnews.com/article/us-news-shootings-e5bdf2db4429d912d0e04c4b3935e2ac">failure to prosecute</a> the alleged Club Q shooter a year before five were killed in the LGBTQ nightclub.

That finger of blame, however, rarely lands on the manufacturer of the guns used in the massacres.

Lawmakers
 in Colorado and at least five other states are considering changing 
that, proposing bills to roll back legal protections for gun 
manufacturers and dealers that have kept the industry at arm's length 
from questions of blame.

A draft version of Colorado's bill, 
expected to be introduced Thursday, not only repeals the state's 2000 
law — which broadly keeps firearm companies from being held liable for 
violence perpetrated with their products — but also outlines a code of 
conduct that, in part, targets how companies design and market firearms.

Just last year, families of those killed in the 2012 Sandy Hook Elementary School massacre in Connecticut <a href="https://apnews.com/article/sandy-hook-school-shooting-remington-settlement-e53b95d398ee9b838afc06275a4df403">settled for $73 million with the company</a>
 that made the gun used in the killings. The families argued that the 
company targeted younger, at-risk males in advertising and product 
placement in violent video games.

If Colorado's bill passes, the 
state would join California, New York, Delaware and New Jersey, which 
have passed similar legislation in the last three years.

Those 
states, however, are now facing legal challenges or threats of lawsuits 
from national gun rights groups. That is, in part, because a federal law
 from 2005 already gives the gun industry broad immunity from being sued
 for how their products are used.

“We may forget how unusual and 
bizarre this is to provide this exemption from accountability," said Ari
 Freilich, state policy director for the gun control advocacy group 
Giffords, who argues that the federal law allows states some control 
over the industry's legal liability.

This bill would “empower 
victims of gun violence to have their day in court and be able to show 
that the gun industry may have failed to take reasonable precautions to 
avoid harm," Freilich said.

Mark Oliva, managing director for 
public affairs at the National Shooting Sports Foundation, which has 
filed the lawsuits against other state's laws, said Colorado's would be 
“ripe” for a legal challenge if the bill passes. Oliva argues that if 
Coors Brewing Company shouldn't be held responsible for its customers 
drinking and driving, then why should gun businesses be held responsible
 for what their customers do?

“The intention of this bill is to 
expose the firearm industry to legal costs for junk lawsuits,” Oliva 
said. “You don’t have Second Amendment rights if you don’t have the 
ability to purchase a firearm at retail to begin with.”

While the 
federal law remains intact, the Colorado bill's sponsors argue it 
includes carveout that gives states some degree of power.

The 
draft bill includes a stipulation for companies not to market or design a
 firearm in a way that could “foreseeably” promote illegal conversion — 
for example, advertising a semi-automatic rifle as being capable of 
holding a large capacity magazine, which is illegal in Colorado.

The
 current Colorado law also requires plaintiffs to pay attorneys fees if 
their case against a gun company is dismissed. That requirement 
bankrupted two parents of a woman killed in the 2012 Aurora theater 
shooting.

“One of my hopes is to be able to give the Club Q 
victims ... the ability to at least fully participate in our Colorado 
judicial system,” said Rep. Sonya Jaquez Lewis, a Democrat and one of 
the bill's sponsors. “Just as any other victims in any other civil suit 
would be able to do.”

Lewis said the bill would merely level the 
playing field with other industries, such as pharmaceuticals, which 
don't share the gun industry's legal protections. The sponsors are 
adamant that this would not only open a path for gun violence victims, 
survivors and their families to find legal recourse, but that the threat
 of civil lawsuits dangling over the industry’s head would force them to
 police themselves.

“We need actors in the industry to enforce the
 laws for themselves, and if there is an avenue for civil liability ... 
(that) creates an additional incentive for them to enforce laws that are
 already on the books,” said Rep. Javier Mabrey, a Democrat and one of 
the bill's sponsors.

The bill will likely find Republican pushback
 in Colorado's majority-Democratic statehouse. Republican Rep. Mike 
Lynch, the Colorado House minority leader, said he hadn’t seen a draft 
of the bill and therefor declined to comment.

Colorado's Senate 
President Steve Fenberg said, “I am excited to see this legislation come
 forward, and I look forward to supporting it when it reaches the Senate
 floor.”

Gov. Jared Polis did not answer specific questions from The Associated Press about his position on the bill.

Associated PressDENVER — Mass shootings in America invariably raise questions of fault. The police's <a href="https://apnews.com/article/uvalde-school-shooting-politics-texas-shootings-police-644dc916ad976b2a95d2373e47565e9a">delayed response</a> outside a middle school in Uvalde, Texas. A district attorney's <a href="https://apnews.com/article/us-news-shootings-e5bdf2db4429d912d0e04c4b3935e2ac">failure to prosecute</a> the alleged Club Q shooter a year before five were killed in the LGBTQ nightclub.That finger of blame, however, rarely lands on the manufacturer of the guns used in the massacres.Lawmakers
 in Colorado and at least five other states are considering changing 
that, proposing bills to roll back legal protections for gun 
manufacturers and dealers that have kept the industry at arm's length 
from questions of blame.A draft version of Colorado's bill, 
expected to be introduced Thursday, not only repeals the state's 2000 
law — which broadly keeps firearm companies from being held liable for 
violence perpetrated with their products — but also outlines a code of 
conduct that, in part, targets how companies design and market firearms.Just last year, families of those killed in the 2012 Sandy Hook Elementary School massacre in Connecticut <a href="https://apnews.com/article/sandy-hook-school-shooting-remington-settlement-e53b95d398ee9b838afc06275a4df403">settled for $73 million with the company</a>
 that made the gun used in the killings. The families argued that the 
company targeted younger, at-risk males in advertising and product 
placement in violent video games.If Colorado's bill passes, the 
state would join California, New York, Delaware and New Jersey, which 
have passed similar legislation in the last three years.Those 
states, however, are now facing legal challenges or threats of lawsuits 
from national gun rights groups. That is, in part, because a federal law
 from 2005 already gives the gun industry broad immunity from being sued
 for how their products are used.“We may forget how unusual and 
bizarre this is to provide this exemption from accountability," said Ari
 Freilich, state policy director for the gun control advocacy group 
Giffords, who argues that the federal law allows states some control 
over the industry's legal liability.This bill would “empower 
victims of gun violence to have their day in court and be able to show 
that the gun industry may have failed to take reasonable precautions to 
avoid harm," Freilich said.Mark Oliva, managing director for 
public affairs at the National Shooting Sports Foundation, which has 
filed the lawsuits against other state's laws, said Colorado's would be 
“ripe” for a legal challenge if the bill passes. Oliva argues that if 
Coors Brewing Company shouldn't be held responsible for its customers 
drinking and driving, then why should gun businesses be held responsible
 for what their customers do?“The intention of this bill is to 
expose the firearm industry to legal costs for junk lawsuits,” Oliva 
said. “You don’t have Second Amendment rights if you don’t have the 
ability to purchase a firearm at retail to begin with.”While the 
federal law remains intact, the Colorado bill's sponsors argue it 
includes carveout that gives states some degree of power.The 
draft bill includes a stipulation for companies not to market or design a
 firearm in a way that could “foreseeably” promote illegal conversion — 
for example, advertising a semi-automatic rifle as being capable of 
holding a large capacity magazine, which is illegal in Colorado.The
 current Colorado law also requires plaintiffs to pay attorneys fees if 
their case against a gun company is dismissed. That requirement 
bankrupted two parents of a woman killed in the 2012 Aurora theater 
shooting.“One of my hopes is to be able to give the Club Q 
victims ... the ability to at least fully participate in our Colorado 
judicial system,” said Rep. Sonya Jaquez Lewis, a Democrat and one of 
the bill's sponsors. “Just as any other victims in any other civil suit 
would be able to do.”Lewis said the bill would merely level the 
playing field with other industries, such as pharmaceuticals, which 
don't share the gun industry's legal protections. The sponsors are 
adamant that this would not only open a path for gun violence victims, 
survivors and their families to find legal recourse, but that the threat
 of civil lawsuits dangling over the industry’s head would force them to
 police themselves.“We need actors in the industry to enforce the
 laws for themselves, and if there is an avenue for civil liability ... 
(that) creates an additional incentive for them to enforce laws that are
 already on the books,” said Rep. Javier Mabrey, a Democrat and one of 
the bill's sponsors.The bill will likely find Republican pushback
 in Colorado's majority-Democratic statehouse. Republican Rep. Mike 
Lynch, the Colorado House minority leader, said he hadn’t seen a draft 
of the bill and therefor declined to comment.Colorado's Senate 
President Steve Fenberg said, “I am excited to see this legislation come
 forward, and I look forward to supporting it when it reaches the Senate
 floor.”Gov. Jared Polis did not answer specific questions from The Associated Press about his position on the bill.

States look to remove legal protections for gun industry

WASHINGTON (AP) — The&nbsp;<a href="https://apnews.com/hub/us-supreme-court">Supreme Court</a>&nbsp;seemed skeptical Wednesday of a lawsuit trying to hold social media companies responsible for a terrorist attack at a Turkish nightclub that killed 39 people.

<a href="https://www.supremecourt.gov/oral_arguments/audio/2022/21-1496">Click here to</a> listen to arguments in&nbsp;Twitter, Inc. v. Taamneh

<a href="https://www.supremecourt.gov/oral_arguments/audio/2022/21-1333">Click here to&nbsp;</a>listen to arguments in&nbsp;Gonzalez v. Google LLC

During arguments at the high court several justices underscored that there was no evidence linking Twitter, Facebook and Google directly to the 2017 attack on the Reina nightclub in Istanbul. The family of a man killed in the attack says the companies aided and abetted the attack because they assisted in the growth of the Islamic State group, which claimed responsibility for the attack . A lower court let the lawsuit go forward.

What the court does with Wednesday’s case and&nbsp;<a href="https://apnews.com/article/us-supreme-court-technology-crime-business-internet-6e4551a3f39461e77a82ff577e24e6e7">a related one it heard a day earlier</a>&nbsp;is important, particularly because the companies have been shielded from liability on the internet, allowing them to grow into global giants.

If the court bars the lawsuit involving the attack in Turkey from going forward it could avoid a major ruling on the companies' legal immunity. That outcome would leave the current system in place, but also leave open the possibility that the justices could take up the issue again in a later case.

Justice Amy Coney Barrett was among the members of the court who suggested that the suit against the companies lacks the kind of facts required under a federal anti-terrorism law to hold platforms responsible.

Barrett suggested that a lawsuit against a company such as Twitter would need to have more, such as direct messages, comment threads or other evidence that the platform was being used to coordinate activities for a terrorist attack, “not just general recruitment or radicalizing people.”

Justice Neil Gorsuch, participating remotely for a second straight day because of illness, said he was having difficulty with the argument of a lawyer for the family of Nawras Alassaf, who was killed in the nightclub attack. Gorsuch told lawyer Eric Schnapper that he was "struggling with how your complaint lines up with the three requirements of the statute” that the companies knowingly helped a person commit a terrorist act.

The justices seemed more willing to accept the arguments of a lawyer for Twitter, Facebook and Google, Seth Waxman. At one point during two and a half hours of arguments, Justice Sonia Sotomayor told Waxman to help her sketch out what an opinion would look like if the court ruled for his clients. “Write it for me,” she said.

Justice Brett Kavanaugh summarized Waxman's argument this way: “When there’s a legitimate business that provides services on a widely available basis ... it’s not going to be liable under this statute even if it knows bad people use its services for bad things.”

Seeming to agree with that idea, Justice Samuel Alito suggested that it would be outlandish if telephone companies were held responsible for criminal activity of people using their phones. What if, he said, the phone company “knows that a particular person is -- has a criminal background and is probably engaging in criminal activity and is using the phone to communicate with other members of that person’s gang. Is that aiding and abetting the crimes that they commit?”

The law the case involves is the Justice Against Sponsors of Terrorism Act, which allows Americans injured by a terrorist attack abroad to sue for money damages in federal court.

A decision in the case — Twitter v. Taamneh, 21-1496 — is expected by the end of June before the court recesses for its summer break.

<figure>
 <img src="https://media.eaglewebservices.com/public/2022/11/1669216816189.jpg" alt="" />
 <figcaption></figcaption>
 </figure>WASHINGTON (AP) — The&nbsp;<a href="https://apnews.com/hub/us-supreme-court">Supreme Court</a>&nbsp;seemed skeptical Wednesday of a lawsuit trying to hold social media companies responsible for a terrorist attack at a Turkish nightclub that killed 39 people.<a href="https://www.supremecourt.gov/oral_arguments/audio/2022/21-1496">Click here to</a> listen to arguments in&nbsp;Twitter, Inc. v. Taamneh<a href="https://www.supremecourt.gov/oral_arguments/audio/2022/21-1333">Click here to&nbsp;</a>listen to arguments in&nbsp;Gonzalez v. Google LLCDuring arguments at the high court several justices underscored that there was no evidence linking Twitter, Facebook and Google directly to the 2017 attack on the Reina nightclub in Istanbul. The family of a man killed in the attack says the companies aided and abetted the attack because they assisted in the growth of the Islamic State group, which claimed responsibility for the attack . A lower court let the lawsuit go forward.What the court does with Wednesday’s case and&nbsp;<a href="https://apnews.com/article/us-supreme-court-technology-crime-business-internet-6e4551a3f39461e77a82ff577e24e6e7">a related one it heard a day earlier</a>&nbsp;is important, particularly because the companies have been shielded from liability on the internet, allowing them to grow into global giants.If the court bars the lawsuit involving the attack in Turkey from going forward it could avoid a major ruling on the companies' legal immunity. That outcome would leave the current system in place, but also leave open the possibility that the justices could take up the issue again in a later case.Justice Amy Coney Barrett was among the members of the court who suggested that the suit against the companies lacks the kind of facts required under a federal anti-terrorism law to hold platforms responsible.Barrett suggested that a lawsuit against a company such as Twitter would need to have more, such as direct messages, comment threads or other evidence that the platform was being used to coordinate activities for a terrorist attack, “not just general recruitment or radicalizing people.”Justice Neil Gorsuch, participating remotely for a second straight day because of illness, said he was having difficulty with the argument of a lawyer for the family of Nawras Alassaf, who was killed in the nightclub attack. Gorsuch told lawyer Eric Schnapper that he was "struggling with how your complaint lines up with the three requirements of the statute” that the companies knowingly helped a person commit a terrorist act.The justices seemed more willing to accept the arguments of a lawyer for Twitter, Facebook and Google, Seth Waxman. At one point during two and a half hours of arguments, Justice Sonia Sotomayor told Waxman to help her sketch out what an opinion would look like if the court ruled for his clients. “Write it for me,” she said.Justice Brett Kavanaugh summarized Waxman's argument this way: “When there’s a legitimate business that provides services on a widely available basis ... it’s not going to be liable under this statute even if it knows bad people use its services for bad things.”Seeming to agree with that idea, Justice Samuel Alito suggested that it would be outlandish if telephone companies were held responsible for criminal activity of people using their phones. What if, he said, the phone company “knows that a particular person is -- has a criminal background and is probably engaging in criminal activity and is using the phone to communicate with other members of that person’s gang. Is that aiding and abetting the crimes that they commit?”The law the case involves is the Justice Against Sponsors of Terrorism Act, which allows Americans injured by a terrorist attack abroad to sue for money damages in federal court.A decision in the case — Twitter v. Taamneh, 21-1496 — is expected by the end of June before the court recesses for its summer break.___

🎤Court seems to favor tech giants in case that could reshape internet

By PAUL HAMMEL <a href="https://nebraskaexaminer.com/briefs/senator-makes-pitch-to-start-taxing-e-cigarettes-as-a-way-to-reduce-teen-usage/">Nebraska Examiner</a>

LINCOLN — With usage of e-cigarettes “exploding” among teens, it’s 
time for Nebraska to begin imposing a state excise tax on vaping 
products,&nbsp; a state senator told a legislative committee Wednesday.

“It’s super addictive,” said State Sen. Jana Hughes of Seward, who 
called it “hooey” that vaping was safer than smoking cigarettes.

“These
 are addictive products that are designed so that the consumer continues
 to purchase them,” Hughes told members of the Legislature’s Revenue 
Committee.

Nebraska is one of 20 states that do not, as of Jan. 1, impose an 
excise tax on vaping products, according to the Urban Institute.

Hughes said all other products containing nicotine must pay an excise
 tax. Nebraska, for instance, imposes a 64-cent per pack excise tax on 
cigarettes.

Her <a target="_blank" href="https://nebraskalegislature.gov/FloorDocs/108/PDF/FN/LB584_20230221-124102.pdf">Legislative Bill 584</a>
 would impose an excise tax of 5 cents per milliliter of consumable 
vaping material, though the senator said she is working on an amendment 
that would make the tax a percentage of the sales price, perhaps 20%.

Taxing vaping products, Hughes said, would be a “first step” in 
addressing the growing use of e-cigarettes by teens. It would also 
generate about $1.5 million in tax revenue per year.

A 2021 survey by the Nebraska Department of Health and Human Services
 found that e-cigarette use by teens in grades 9-12 has increased from 
9% in 2015 to 14% in 2021 and that popular flavors used by youth include
 fruit, menthol and mint.

A DHHS official testified Wednesday that use among adults is also on 
the rise, growing from 3.8% in a 2017 survey to 5.9% in 2020.

Dr. Roger Donovick of DHHS said that many e-cigarette users get more 
nicotine via vaping than they would from a traditional cigarette, and 
that vaping is just as addictive.

Hughes read a letter from the superintendent of the Seward Public 
Schools stating that the district had installed “vape detectors” in 
bathrooms to curb vape use.

Purveyors of vaping products testified against LB 584, maintaining that vaping was safer than smoking cigarettes.

The Revenue Committee took no action on the bill after Wednesday’s 
public hearing. Hughes did say that she’s considering making the measure
 her priority bill.

“The status quo is unacceptable, and doing nothing is unacceptable,” she said.

By PAUL HAMMEL <a href="https://nebraskaexaminer.com/briefs/senator-makes-pitch-to-start-taxing-e-cigarettes-as-a-way-to-reduce-teen-usage/">Nebraska Examiner</a>LINCOLN — With usage of e-cigarettes “exploding” among teens, it’s 
time for Nebraska to begin imposing a state excise tax on vaping 
products,&nbsp; a state senator told a legislative committee Wednesday.“It’s super addictive,” said State Sen. Jana Hughes of Seward, who 
called it “hooey” that vaping was safer than smoking cigarettes.<figure>
 <img src="https://media.eaglewebservices.com/public/2023/2/1677107728675.jpeg" alt="State Sen. Jana Hughes of Seward. (Craig Chandler/University Communication)" />
 <figcaption>State Sen. Jana Hughes of Seward. (Craig Chandler/University Communication)</figcaption>
 </figure>“These
 are addictive products that are designed so that the consumer continues
 to purchase them,” Hughes told members of the Legislature’s Revenue 
Committee.Nebraska is one of 20 states that do not, as of Jan. 1, impose an 
excise tax on vaping products, according to the Urban Institute.Hughes said all other products containing nicotine must pay an excise
 tax. Nebraska, for instance, imposes a 64-cent per pack excise tax on 
cigarettes.Her <a target="_blank" href="https://nebraskalegislature.gov/FloorDocs/108/PDF/FN/LB584_20230221-124102.pdf">Legislative Bill 584</a>
 would impose an excise tax of 5 cents per milliliter of consumable 
vaping material, though the senator said she is working on an amendment 
that would make the tax a percentage of the sales price, perhaps 20%.<h2>‘First step’ in curbing use</h2>Taxing vaping products, Hughes said, would be a “first step” in 
addressing the growing use of e-cigarettes by teens. It would also 
generate about $1.5 million in tax revenue per year.A 2021 survey by the Nebraska Department of Health and Human Services
 found that e-cigarette use by teens in grades 9-12 has increased from 
9% in 2015 to 14% in 2021 and that popular flavors used by youth include
 fruit, menthol and mint.A DHHS official testified Wednesday that use among adults is also on 
the rise, growing from 3.8% in a 2017 survey to 5.9% in 2020.Dr. Roger Donovick of DHHS said that many e-cigarette users get more 
nicotine via vaping than they would from a traditional cigarette, and 
that vaping is just as addictive.<h2>‘Vape detector’ in school</h2>Hughes read a letter from the superintendent of the Seward Public 
Schools stating that the district had installed “vape detectors” in 
bathrooms to curb vape use.Purveyors of vaping products testified against LB 584, maintaining that vaping was safer than smoking cigarettes.The Revenue Committee took no action on the bill after Wednesday’s 
public hearing. Hughes did say that she’s considering making the measure
 her priority bill.“The status quo is unacceptable, and doing nothing is unacceptable,” she said.

Neb. senator: Start taxing e-cigs as a way to reduce teen usage

By CRISTINA JANNEY Hays Post

HAYS, Kan. — The Hays USD 489 school board agreed Monday night to keep the Hays High Indian mascot.

A motion to change the Hays Middle School mascot to the Indians failed. However, a motion passed that would make the HHS middle and high school colors consistent. Both schools also will be using "brave and true" from the high school's alma mater for their new motto.

The discussion on both of the schools' mascots has been ongoing for several months. The district has passed a bond issue that will include building a new high school and renovating the current high school into a middle school.&nbsp;

Superintendent Ron Wilson asked the board to consider what branding it wanted for the new schools. The district conducted a survey, had a public meeting and formed a committee to consider the schools' mascots.

Although some members of the community and the rebranding committee said they thought the Indian mascot is hurtful and racist, more than 90 percent of survey respondents said they wanted to keep the Indian mascot.

Superintendent Ron Wilson made several recommendations to the school board on Monday. They included:

• Hays High remains the Indians • Hays Middle School transitions to the Indians by August 2026, when the middle school is set to occupy its new space at the former high school • The graphics department with DLR, the district's bond architect, will develop a new Indian logo that does not include a human depiction of a Native American • A legacy committee would be created to decide what current logos and images no longer meet the standards of the school or district logos or mascots • The district will create a style guide. All future official uses of school logos and colors would have to conform to that style guide and be approved by the administration.

Board member Curt Vajnar said as a coach and teacher neither he nor his students ever misrepresented the Indian mascot. He said he was very supportive of using "brave and true" as the high school's new motto.

Board member Allen Park also said as a parent, teacher and coach he also never saw the Indian mascot dishonored.

Board member Tammy Wellbrock said she appreciated the district had the discussion at this point because it is going to have blank walls and a blank slate at the new high school.

"I think sometimes we forget in society that dialogue in itself is not dangerous, asking questions don't have to be harmful, but certainly this has been a polarizing topic," she said.

She added she hopes people don't look at the issue as having winners and losers.&nbsp;

"We want all of our students to be winners, but that is not because of their mascot," she said.

&nbsp;Board president Craig Pallister said the strong pride the community expressed in the Indian mascot convinced him to keep the mascot.

"We have images that are racist. We have images that are hurtful," he said. "Our speaker said I won't have had some of those in my building or any building."

Pallister said he supported Wilson's recommendations that would have those images ultimately eliminated.&nbsp;

"We needed to make some big changes if we were going to keep the Indians," Pallister said.

He said he hopes the district doesn't have to revisit the issue in the next several years. The Kansas School Board has already recommended all Kansas public schools eliminate Native American mascots within the next five years.

"We need to do what is right for our community, but not cause harm to others," Pallister said.

He said he did not support adding the Indian mascot at the middle school.

Board member Meagan Zampieri-Lillpopp, who has been outspoken against the Indian mascot, said she hopes Hays students will one day know all the four tribes that landed in this area.

She also said she did not support expanding the Indian mascot to the middle school.

Wilson said more than 80 percent of survey respondents said they wanted the middle school and high school to have the same mascot.

Bruce Rupp, HMS athletic director, said the district could save money if it didn't have to change the gym floor and wall pads to a different logo or colors.

He also said he thought carrying the same mascot through both schools would create more unity among students and coaches.

"We are going to be one big campus. Why don't we be one mascot with one color and a lot more unity," he said.

<figure>
 <img src="https://media.eaglewebservices.com/public/2020/7/1594578952417.jpeg" alt="" />
 <figcaption></figcaption>
 </figure>By CRISTINA JANNEY Hays PostHAYS, Kan. — The Hays USD 489 school board agreed Monday night to keep the Hays High Indian mascot.A motion to change the Hays Middle School mascot to the Indians failed. However, a motion passed that would make the HHS middle and high school colors consistent. Both schools also will be using "brave and true" from the high school's alma mater for their new motto.The discussion on both of the schools' mascots has been ongoing for several months. The district has passed a bond issue that will include building a new high school and renovating the current high school into a middle school.&nbsp;Superintendent Ron Wilson asked the board to consider what branding it wanted for the new schools. The district conducted a survey, had a public meeting and formed a committee to consider the schools' mascots.Although some members of the community and the rebranding committee said they thought the Indian mascot is hurtful and racist, more than 90 percent of survey respondents said they wanted to keep the Indian mascot.Superintendent Ron Wilson made several recommendations to the school board on Monday. They included:• Hays High remains the Indians • Hays Middle School transitions to the Indians by August 2026, when the middle school is set to occupy its new space at the former high school • The graphics department with DLR, the district's bond architect, will develop a new Indian logo that does not include a human depiction of a Native American • A legacy committee would be created to decide what current logos and images no longer meet the standards of the school or district logos or mascots • The district will create a style guide. All future official uses of school logos and colors would have to conform to that style guide and be approved by the administration.Board member Curt Vajnar said as a coach and teacher neither he nor his students ever misrepresented the Indian mascot. He said he was very supportive of using "brave and true" as the high school's new motto.Board member Allen Park also said as a parent, teacher and coach he also never saw the Indian mascot dishonored.Board member Tammy Wellbrock said she appreciated the district had the discussion at this point because it is going to have blank walls and a blank slate at the new high school."I think sometimes we forget in society that dialogue in itself is not dangerous, asking questions don't have to be harmful, but certainly this has been a polarizing topic," she said.She added she hopes people don't look at the issue as having winners and losers.&nbsp;"We want all of our students to be winners, but that is not because of their mascot," she said.&nbsp;Board president Craig Pallister said the strong pride the community expressed in the Indian mascot convinced him to keep the mascot."We have images that are racist. We have images that are hurtful," he said. "Our speaker said I won't have had some of those in my building or any building."Pallister said he supported Wilson's recommendations that would have those images ultimately eliminated.&nbsp;"We needed to make some big changes if we were going to keep the Indians," Pallister said.He said he hopes the district doesn't have to revisit the issue in the next several years. The Kansas School Board has already recommended all Kansas public schools eliminate Native American mascots within the next five years."We need to do what is right for our community, but not cause harm to others," Pallister said.He said he did not support adding the Indian mascot at the middle school.Board member Meagan Zampieri-Lillpopp, who has been outspoken against the Indian mascot, said she hopes Hays students will one day know all the four tribes that landed in this area.She also said she did not support expanding the Indian mascot to the middle school.Wilson said more than 80 percent of survey respondents said they wanted the middle school and high school to have the same mascot.Bruce Rupp, HMS athletic director, said the district could save money if it didn't have to change the gym floor and wall pads to a different logo or colors.He also said he thought carrying the same mascot through both schools would create more unity among students and coaches."We are going to be one big campus. Why don't we be one mascot with one color and a lot more unity," he said.

Kansas school opts to stick with Native American mascot

WARSAW, Poland (AP) — President Joe Biden closed out his wartime visit to Europe on Wednesday, working to shore up partnerships with allies on NATO's perilous eastern flank — even as Russia's Vladimir&nbsp;<a href="https://apnews.com/article/russia-ukraine-war-china-ties-54c4a6f1346371b6deab08dcea723aa0">Putin was drawing closer to China</a>&nbsp;for help as his invasion of Ukraine neared the one-year mark.

(Click below to watch President Biden's comments to allied leaders)

Biden’s meeting with leaders of the Bucharest Nine nations in Warsaw came at the conclusion of a whirlwind, four-day visit to Ukraine and Poland meant to reassure allies that U.S. support in fending off Russia isn’t at risk of waning.

In dramatic counterpoint, Putin on Wednesday played host in Moscow to Wang Yi, the Chinese Communist Party’s most senior foreign policy official, as U.S. intelligence warned that&nbsp;<a href="https://apnews.com/article/russia-ukraine-nato-politics-jens-stoltenberg-e8874580698b31cdfac96a60f13eef5b">Beijing is considering supplying arms and ammunition</a>&nbsp;to the worn-down Russian military.

The flexing of alliances was a fresh indication that both sides are digging in for prolonged conflict in Ukraine with the fighting expected to intensify with the arrival of spring.

Biden's trip had provided yet another moment of telling counterprogramming on Tuesday when he delivered a ringing speech on Western unity in Warsaw, a day after he swept into Kyiv unannounced for a visit with Ukrainian President Volodymyr Zelenskyy. As Biden spoke in Poland, Putin announced that Russia was suspending its participation in the last remaining U.S.-Russia nuclear arms control treaty.

Biden called that departure “a big mistake.” The exit is expected to have an immediate impact on U.S. awareness of Russian nuclear activities. However, the pact — known as New START — was already on life support following Moscow’s cancellation late last year of talks that had been intended to salvage an agreement that each side has accused the other of violating.

Biden met Wednesday with leaders of the Bucharest Nine, the nations in the easternmost parts of the NATO alliance that came together in response to Putin’s 2014 annexation of Crimea from Ukraine. They include Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania and Slovakia.

“You’re the frontlines of our collective defense,” Biden told them. “And you know, better than anyone, what’s at stake in this conflict. Not just for Ukraine, but for the freedom of democracies throughout Europe and around the world.”

These countries have worried that Putin could move to take military action against them next if he’s successful in Ukraine. Biden responded to that anxiety by pledging that NATO’s mutual defense pact is “sacred” and that “we will defend literally every inch of NATO.”

NATO Secretary General Jens Stoltenberg, who attended the meeting, pointed to past Russian actions in Georgia and Ukraine and said, “We cannot allow Russia to continue to chip away at European security. We must break the cycle of Russian aggression.”

It was unclear how the U.S. and its allies aimed to do that, other than by continuing to arm Ukraine’s military with the Western and aging Soviet arms that have allowed it retake about half of the territory it lost in the opening days of the war.

Biden returned to Washington late Wednesday night.

After the Russian military’s battlefield shortcomings were revealed at the start of the conflict, Putin, too, has been seeking rearmament, drawing on Iran and North Korea for assistance — and potentially China.

Administration officials don’t yet have an indication that China has decided to move forward on sending Moscow weaponry, but Secretary of State Antony Blinken said this week it would be a “serious problem” should Beijing follow through.

Throughout the conflict, China has cautiously weighed the pros and cons of directly aiding Russia. But a year into the war, Beijing now seems increasingly concerned that Russia — one of its closest allies — is teetering toward something that could approximate a loss in Ukraine.

The U.S. and its allies have threatened secondary sanctions on countries that support the Russian war effort. But there was no consensus this week on potentially steeper sanctions for China, which could have global economic implications, should it decide to rearm Putin’s forces.

One European official described the intelligence regarding Chinese consideration of supplying Russia with weapons as “unambiguous.” Western officials do not know whether the possibility is currently being studied only by China’s military or some other single branch of the government, or by the Chinese government as a whole, the official said. The official spoke on condition of anonymity to discuss the West’s intelligence on the matter.

Western intelligence indicates that the kind of supplies China is considering giving Russia would be aimed at backfilling stocks of weapons that Russia was losing, or wasting, on the battlefield in Ukraine, the European official said.

From the intelligence signals thus far, Western officials don’t believe China’s supply of weapons to Russia would be sufficient to change the trajectory of the year-old war.

But Chinese cooperation on military supplies for Russia’s war in Ukraine would be a significant sign of Beijing's current appetite for risk-taking when it comes to allying with Russia in a stand against the West.

Li Mingjiang, an associate professor in international relations at Nanyang Technological University in Singapore, said at an event hosted by the Carnegie Endowment for International Peace last week that Beijing was weighing the value of creating “a situation in which the U.S. will have to now deal with really two potential enemies and challengers and that will help divert a bit of America's attention and resources from the Asia Pacific region.”

WARSAW, Poland (AP) — President Joe Biden closed out his wartime visit to Europe on Wednesday, working to shore up partnerships with allies on NATO's perilous eastern flank — even as Russia's Vladimir&nbsp;<a href="https://apnews.com/article/russia-ukraine-war-china-ties-54c4a6f1346371b6deab08dcea723aa0">Putin was drawing closer to China</a>&nbsp;for help as his invasion of Ukraine neared the one-year mark.(Click below to watch President Biden's comments to allied leaders)<div><iframe src="https://www.facebook.com/plugins/video.php?height=314&href=https%3A%2F%2Fwww.facebook.com%2FWhiteHouse%2Fvideos%2F1367806580642817%2F&show_text=false&width=560&t=523" width="560" height="314" style="border:none;overflow:hidden" scrolling="no" frameborder="0" allowfullscreen="true" allow="autoplay; clipboard-write; encrypted-media; picture-in-picture; web-share" allowFullScreen="true"></iframe></div>Biden’s meeting with leaders of the Bucharest Nine nations in Warsaw came at the conclusion of a whirlwind, four-day visit to Ukraine and Poland meant to reassure allies that U.S. support in fending off Russia isn’t at risk of waning.In dramatic counterpoint, Putin on Wednesday played host in Moscow to Wang Yi, the Chinese Communist Party’s most senior foreign policy official, as U.S. intelligence warned that&nbsp;<a href="https://apnews.com/article/russia-ukraine-nato-politics-jens-stoltenberg-e8874580698b31cdfac96a60f13eef5b">Beijing is considering supplying arms and ammunition</a>&nbsp;to the worn-down Russian military.The flexing of alliances was a fresh indication that both sides are digging in for prolonged conflict in Ukraine with the fighting expected to intensify with the arrival of spring.Biden's trip had provided yet another moment of telling counterprogramming on Tuesday when he delivered a ringing speech on Western unity in Warsaw, a day after he swept into Kyiv unannounced for a visit with Ukrainian President Volodymyr Zelenskyy. As Biden spoke in Poland, Putin announced that Russia was suspending its participation in the last remaining U.S.-Russia nuclear arms control treaty.Biden called that departure “a big mistake.” The exit is expected to have an immediate impact on U.S. awareness of Russian nuclear activities. However, the pact — known as New START — was already on life support following Moscow’s cancellation late last year of talks that had been intended to salvage an agreement that each side has accused the other of violating.Biden met Wednesday with leaders of the Bucharest Nine, the nations in the easternmost parts of the NATO alliance that came together in response to Putin’s 2014 annexation of Crimea from Ukraine. They include Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania and Slovakia.“You’re the frontlines of our collective defense,” Biden told them. “And you know, better than anyone, what’s at stake in this conflict. Not just for Ukraine, but for the freedom of democracies throughout Europe and around the world.”These countries have worried that Putin could move to take military action against them next if he’s successful in Ukraine. Biden responded to that anxiety by pledging that NATO’s mutual defense pact is “sacred” and that “we will defend literally every inch of NATO.”NATO Secretary General Jens Stoltenberg, who attended the meeting, pointed to past Russian actions in Georgia and Ukraine and said, “We cannot allow Russia to continue to chip away at European security. We must break the cycle of Russian aggression.”It was unclear how the U.S. and its allies aimed to do that, other than by continuing to arm Ukraine’s military with the Western and aging Soviet arms that have allowed it retake about half of the territory it lost in the opening days of the war.Biden returned to Washington late Wednesday night.After the Russian military’s battlefield shortcomings were revealed at the start of the conflict, Putin, too, has been seeking rearmament, drawing on Iran and North Korea for assistance — and potentially China.Administration officials don’t yet have an indication that China has decided to move forward on sending Moscow weaponry, but Secretary of State Antony Blinken said this week it would be a “serious problem” should Beijing follow through.Throughout the conflict, China has cautiously weighed the pros and cons of directly aiding Russia. But a year into the war, Beijing now seems increasingly concerned that Russia — one of its closest allies — is teetering toward something that could approximate a loss in Ukraine.The U.S. and its allies have threatened secondary sanctions on countries that support the Russian war effort. But there was no consensus this week on potentially steeper sanctions for China, which could have global economic implications, should it decide to rearm Putin’s forces.One European official described the intelligence regarding Chinese consideration of supplying Russia with weapons as “unambiguous.” Western officials do not know whether the possibility is currently being studied only by China’s military or some other single branch of the government, or by the Chinese government as a whole, the official said. The official spoke on condition of anonymity to discuss the West’s intelligence on the matter.Western intelligence indicates that the kind of supplies China is considering giving Russia would be aimed at backfilling stocks of weapons that Russia was losing, or wasting, on the battlefield in Ukraine, the European official said.From the intelligence signals thus far, Western officials don’t believe China’s supply of weapons to Russia would be sufficient to change the trajectory of the year-old war.But Chinese cooperation on military supplies for Russia’s war in Ukraine would be a significant sign of Beijing's current appetite for risk-taking when it comes to allying with Russia in a stand against the West.Li Mingjiang, an associate professor in international relations at Nanyang Technological University in Singapore, said at an event hosted by the Carnegie Endowment for International Peace last week that Beijing was weighing the value of creating “a situation in which the U.S. will have to now deal with really two potential enemies and challengers and that will help divert a bit of America's attention and resources from the Asia Pacific region.”___

🎥Biden home from Europe as Putin digs in on Ukraine

OMAHA, Neb. (AP) — Transportation Secretary Pete Buttigieg wants the nation’s freight railroads to immediately act to improve safety while regulators try to strengthen safety rules in the wake of a&nbsp;<a href="https://apnews.com/article/pennsylvania-ohio-evacuations-fires-5d399dc745f51ef746e22828083d8591">fiery derailment</a>&nbsp;in Ohio that&nbsp;<a href="https://apnews.com/article/ohio-train-derailment-updates-bf5a60de2243cd6f7f730096aa33294c">forced evacuations</a>&nbsp;when toxic chemicals were released and burned.

Buttigieg announced a package of reforms Tuesday — two days after he&nbsp;<a href="https://apnews.com/article/atlanta-mike-dewine-pete-buttigieg-ohio-business-26e700f86aaddc50065c461e4f6f61b4">warned</a>&nbsp;the railroad responsible for the derailment, Norfolk Southern, to fulfill its promises to clean up the mess just outside East Palestine, Ohio, and help the town recover. He said the Department of Transportation will hold the railroad accountable for any safety violations that contributed to the Feb. 3 crash near the Pennsylvania border.

“While ensuring the safety of those impacted by this crash is the immediate priority, we also have to recognize that this represents an important moment to redouble our efforts to make this far less likely to happen again in the future," Buttigieg said.

President Joe Biden&nbsp;<a href="https://twitter.com/POTUS/status/1628171390690918400?cxt=HHwWgICw-ZvQtpgtAAAA">said on Twitter</a>&nbsp;that the past pattern of railroads resisting safety regulations must change and that Congress should support the effort to improve safety.

“Rail companies have spent millions of dollars to oppose common-sense safety regulations. And it’s worked,” Biden tweeted. “This is more than a train derailment or a toxic waste spill – it’s years of opposition to safety measures coming home to roost.”

Even though government data shows that&nbsp;<a href="https://apnews.com/article/palestinian-territories-ohio-canada-business-accidents-d57651e17b2f9e0163c50298106950a3">derailments have declined</a>&nbsp;in recent years, there were still 1,049 of them last year. Most are ordinary and don't cause any major problems, like the derailment in Nebraska on Tuesday morning that toppled more than two dozen Union Pacific railcars, spilled coal and blocked the tracks.

The head of the Environmental Protection Agency&nbsp;<a href="https://apnews.com/article/ohio-train-derailment-epa-61ff5fec89c452f4ff7f56b5b8b4e44e">returned to the town</a>&nbsp;of 4,700 Tuesday along with the governors of Ohio and Pennsylvania and Norfolk Southern's CEO. Also on Tuesday, a&nbsp;<a href="https://apnews.com/article/pennsylvania-ohio-climate-and-environment-health-ad32648e67289166f9ae1e9d104ca53b">medical clinic</a>&nbsp;staffed by contamination experts opened to evaluate residents' complaints. State and federal officials have reiterated that their&nbsp;<a href="https://response.epa.gov/site/site_profile.aspx?site_id=15933">testing of air and water samples</a>&nbsp;doesn't show dangerous levels of any toxins, but some people have complained about constant headaches and irritated eyes as they&nbsp;<a href="https://apnews.com/article/ohio-train-derailment-bcc6198dfbde42feefdeca8f24ccaea8">worry</a>&nbsp;about returning to their homes.

Buttigieg said railroads and tank car owners should accelerate their plan to upgrade the tank cars that haul flammable liquids like crude oil and ethanol by 2025 instead of waiting to comply with the 2029 standard Congress ultimately approved after regulators suggested the earlier deadline. He also said freight railroads should reach more agreements to provide their employees with&nbsp;<a href="https://apnews.com/article/labor-unions-kansas-city-southern-strikes-business-6e66b66a99415e12c2c1fa642d6a842f">paid sick time</a>&nbsp;to help prevent fatigue.

Railroad unions have also raised concerns that car inspections are being rushed and preventative maintenance may be getting neglected after widespread job cuts in the industry in recent years that they say have made&nbsp;<a href="https://apnews.com/article/us-news-norfolk-business-aab7d3084a8d17d8d721d2cb750be323">railroads riskier</a>.

“I do think that there’s a moment to look in the mirror as an entire industry and decide what we can do better,” said Greg Regan, president of the AFL-CIO's Transportation Trades Department coalition. “I think the industry by and large has been reluctant to make the types of changes that are needed. They have obviously fought regulations in the past, but I think they are running out of excuses here.”

Jeremy Ferguson, the president of the largest rail union that represents conductors, said railroads' reliance on longer trains and fewer employees since they started adopting this&nbsp;<a href="https://apnews.com/article/business-aab7d3084a8d17d8d721d2cb750be323">new operating model</a>&nbsp;in 2017 is jeopardizing public safety.

Ferguson said the pursuit of higher profits prompted “rail carriers to abandon fundamentally sound practices for haphazard, inherently dangerous, impetuous movements of freight and locomotives across America's rail system.”

Buttigieg said regulators will try to revive a proposed rule the Trump administration dropped that would have required upgraded, electronically controlled brakes on certain trains filled with flammable liquids that are designated “high-hazardous flammable trains.” The rule was dropped after Congress directed regulators to use a strict cost-benefit analysis to evaluate the rule.

Buttigieg said he'll ask Congress to “untie our hands here” on the braking rule, and regulators may look at expanding which trains are covered by the “high-hazardous” rules that were announced in 2015 after several fiery crude oil train derailments — the worst of which killed 47 people and decimated the Canadian town of Lac Mégantic in 2013. He also said Congress should raise the current $225,455 limit on railroad safety fines at least tenfold to create a better deterrent.

Buttigieg criticized railroads for lobbying against the braking rule and challenging it in court. But railroad safety expert David Clarke, who previously led the Center for Transportation Research at the University of Tennessee, said the industry shouldn’t be criticized too heavily for pushing back against proposed regulations.

“The fact that you couch those in terms of safety makes it seem like it’s, you know, mom, God and apple pie — anything safety related is sacred,” Clarke said. “But the bottom line is companies have to look at the benefits and the cost of any expenditure.”

Ohio Gov. Mike DeWine was incredulous when he learned the Norfolk Southern train that derailed didn’t carry that “high-hazardous” designation, meaning that the railroad didn’t have to notify the state about the dangerous chemicals it was carrying.

“This is absurd,” DeWine said. “Congress needs to take a look at how this is handled.”

Regulators and the Association of American Railroads trade group say there are hundreds of pages of other rules railroads must follow when they transport any hazardous chemicals, whether it is the vinyl chloride that has gotten so much attention in this derailment, crude oil, nuclear materials or any of the hundreds of other dangerous chemicals that railroads routinely carry.

It’s not clear whether the “high-hazardous” rules could have prevented this derailment. The National Transportation Safety Board is in the early stages of its investigation, although officials with that agency have said they believe the failure of an axle on one of the railcars not long after the train crew got a warning about a possible mechanical problem caused this crash.

The head of the AAR trade group, Ian Jefferies, said regulators should let the findings of the NTSB investigation — not “politics and speculation” — guide their response and keep the focus for now on supporting East Palestine. He said railroads will address the cause of this accident once it is known.

The Federal Railroad Administration will also work to finalize its&nbsp;<a href="https://apnews.com/article/588d6f7829c4836b9d2feff5c21a5097">proposed rule</a>&nbsp;to require two-person crews that Buttigieg pointed to as one of the Biden administration's main efforts to improve rail safety.

The president of the Brotherhood of Locomotive Engineers and Trainmen, Eddie Hall, said he believes the&nbsp;<a href="https://apnews.com/article/nebraska-business-transportation-cce1888bacfb5b76a57a0b9843e21e82">freight railroads' efforts</a>&nbsp;to cut crews down to one person represent a clear safety threat.

“Railroads in the United States largely self-regulate, and right now, rather than learn from their mistakes and improve oversight and safety, they are going in the opposite direction,” Hall said.

Norfolk Southern CEO Alan Shaw said Tuesday that he has spoken with Buttigieg several times since the derailment and that he's made the same commitment to Buttigieg that he made to the community of East Palestine: The railroad is committed to cleaning up the mess and helping the town rebuild. He acknowledged the railroad could do more to ensure safety because there is always room to do more and said Norfolk Southern will look to make changes once the NTSB investigation is complete.

“It’s clear that our safety culture and our investments in safety were not enough to prevent this accident," Shaw said. "We’re going to learn from it. We’re going to improve. And we’re going to make Norfolk Southern a safer railroad.”

Norfolk Southern has already committed $6.5 million to the community. That is likely just the start, as the EPA made clear Tuesday that Norfolk Southern will be responsible for the cleanup costs, and several&nbsp;<a href="https://apnews.com/article/legal-proceedings-pennsylvania-ohio-health-business-820cf081c0e068a47db2e141a3f988e6?utm_source=apnews&amp;utm_medium=relatedcontentmodule">lawsuits</a>&nbsp;have already been filed against the railroad.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/2/1677001115109.png" alt="Crews working a Union Pacific train derailment near Gothenburg, Nebraska early Tuesday -photo courtesy KNOP TV" />
 <figcaption>Crews working a Union Pacific train derailment near Gothenburg, Nebraska early Tuesday -photo courtesy KNOP TV</figcaption>
 </figure>OMAHA, Neb. (AP) — Transportation Secretary Pete Buttigieg wants the nation’s freight railroads to immediately act to improve safety while regulators try to strengthen safety rules in the wake of a&nbsp;<a href="https://apnews.com/article/pennsylvania-ohio-evacuations-fires-5d399dc745f51ef746e22828083d8591">fiery derailment</a>&nbsp;in Ohio that&nbsp;<a href="https://apnews.com/article/ohio-train-derailment-updates-bf5a60de2243cd6f7f730096aa33294c">forced evacuations</a>&nbsp;when toxic chemicals were released and burned.Buttigieg announced a package of reforms Tuesday — two days after he&nbsp;<a href="https://apnews.com/article/atlanta-mike-dewine-pete-buttigieg-ohio-business-26e700f86aaddc50065c461e4f6f61b4">warned</a>&nbsp;the railroad responsible for the derailment, Norfolk Southern, to fulfill its promises to clean up the mess just outside East Palestine, Ohio, and help the town recover. He said the Department of Transportation will hold the railroad accountable for any safety violations that contributed to the Feb. 3 crash near the Pennsylvania border.“While ensuring the safety of those impacted by this crash is the immediate priority, we also have to recognize that this represents an important moment to redouble our efforts to make this far less likely to happen again in the future," Buttigieg said.President Joe Biden&nbsp;<a href="https://twitter.com/POTUS/status/1628171390690918400?cxt=HHwWgICw-ZvQtpgtAAAA">said on Twitter</a>&nbsp;that the past pattern of railroads resisting safety regulations must change and that Congress should support the effort to improve safety.“Rail companies have spent millions of dollars to oppose common-sense safety regulations. And it’s worked,” Biden tweeted. “This is more than a train derailment or a toxic waste spill – it’s years of opposition to safety measures coming home to roost.”Even though government data shows that&nbsp;<a href="https://apnews.com/article/palestinian-territories-ohio-canada-business-accidents-d57651e17b2f9e0163c50298106950a3">derailments have declined</a>&nbsp;in recent years, there were still 1,049 of them last year. Most are ordinary and don't cause any major problems, like the derailment in Nebraska on Tuesday morning that toppled more than two dozen Union Pacific railcars, spilled coal and blocked the tracks.The head of the Environmental Protection Agency&nbsp;<a href="https://apnews.com/article/ohio-train-derailment-epa-61ff5fec89c452f4ff7f56b5b8b4e44e">returned to the town</a>&nbsp;of 4,700 Tuesday along with the governors of Ohio and Pennsylvania and Norfolk Southern's CEO. Also on Tuesday, a&nbsp;<a href="https://apnews.com/article/pennsylvania-ohio-climate-and-environment-health-ad32648e67289166f9ae1e9d104ca53b">medical clinic</a>&nbsp;staffed by contamination experts opened to evaluate residents' complaints. State and federal officials have reiterated that their&nbsp;<a href="https://response.epa.gov/site/site_profile.aspx?site_id=15933">testing of air and water samples</a>&nbsp;doesn't show dangerous levels of any toxins, but some people have complained about constant headaches and irritated eyes as they&nbsp;<a href="https://apnews.com/article/ohio-train-derailment-bcc6198dfbde42feefdeca8f24ccaea8">worry</a>&nbsp;about returning to their homes.Buttigieg said railroads and tank car owners should accelerate their plan to upgrade the tank cars that haul flammable liquids like crude oil and ethanol by 2025 instead of waiting to comply with the 2029 standard Congress ultimately approved after regulators suggested the earlier deadline. He also said freight railroads should reach more agreements to provide their employees with&nbsp;<a href="https://apnews.com/article/labor-unions-kansas-city-southern-strikes-business-6e66b66a99415e12c2c1fa642d6a842f">paid sick time</a>&nbsp;to help prevent fatigue.Railroad unions have also raised concerns that car inspections are being rushed and preventative maintenance may be getting neglected after widespread job cuts in the industry in recent years that they say have made&nbsp;<a href="https://apnews.com/article/us-news-norfolk-business-aab7d3084a8d17d8d721d2cb750be323">railroads riskier</a>.“I do think that there’s a moment to look in the mirror as an entire industry and decide what we can do better,” said Greg Regan, president of the AFL-CIO's Transportation Trades Department coalition. “I think the industry by and large has been reluctant to make the types of changes that are needed. They have obviously fought regulations in the past, but I think they are running out of excuses here.”Jeremy Ferguson, the president of the largest rail union that represents conductors, said railroads' reliance on longer trains and fewer employees since they started adopting this&nbsp;<a href="https://apnews.com/article/business-aab7d3084a8d17d8d721d2cb750be323">new operating model</a>&nbsp;in 2017 is jeopardizing public safety.Ferguson said the pursuit of higher profits prompted “rail carriers to abandon fundamentally sound practices for haphazard, inherently dangerous, impetuous movements of freight and locomotives across America's rail system.”Buttigieg said regulators will try to revive a proposed rule the Trump administration dropped that would have required upgraded, electronically controlled brakes on certain trains filled with flammable liquids that are designated “high-hazardous flammable trains.” The rule was dropped after Congress directed regulators to use a strict cost-benefit analysis to evaluate the rule.Buttigieg said he'll ask Congress to “untie our hands here” on the braking rule, and regulators may look at expanding which trains are covered by the “high-hazardous” rules that were announced in 2015 after several fiery crude oil train derailments — the worst of which killed 47 people and decimated the Canadian town of Lac Mégantic in 2013. He also said Congress should raise the current $225,455 limit on railroad safety fines at least tenfold to create a better deterrent.Buttigieg criticized railroads for lobbying against the braking rule and challenging it in court. But railroad safety expert David Clarke, who previously led the Center for Transportation Research at the University of Tennessee, said the industry shouldn’t be criticized too heavily for pushing back against proposed regulations.“The fact that you couch those in terms of safety makes it seem like it’s, you know, mom, God and apple pie — anything safety related is sacred,” Clarke said. “But the bottom line is companies have to look at the benefits and the cost of any expenditure.”Ohio Gov. Mike DeWine was incredulous when he learned the Norfolk Southern train that derailed didn’t carry that “high-hazardous” designation, meaning that the railroad didn’t have to notify the state about the dangerous chemicals it was carrying.“This is absurd,” DeWine said. “Congress needs to take a look at how this is handled.”Regulators and the Association of American Railroads trade group say there are hundreds of pages of other rules railroads must follow when they transport any hazardous chemicals, whether it is the vinyl chloride that has gotten so much attention in this derailment, crude oil, nuclear materials or any of the hundreds of other dangerous chemicals that railroads routinely carry.It’s not clear whether the “high-hazardous” rules could have prevented this derailment. The National Transportation Safety Board is in the early stages of its investigation, although officials with that agency have said they believe the failure of an axle on one of the railcars not long after the train crew got a warning about a possible mechanical problem caused this crash.The head of the AAR trade group, Ian Jefferies, said regulators should let the findings of the NTSB investigation — not “politics and speculation” — guide their response and keep the focus for now on supporting East Palestine. He said railroads will address the cause of this accident once it is known.The Federal Railroad Administration will also work to finalize its&nbsp;<a href="https://apnews.com/article/588d6f7829c4836b9d2feff5c21a5097">proposed rule</a>&nbsp;to require two-person crews that Buttigieg pointed to as one of the Biden administration's main efforts to improve rail safety.The president of the Brotherhood of Locomotive Engineers and Trainmen, Eddie Hall, said he believes the&nbsp;<a href="https://apnews.com/article/nebraska-business-transportation-cce1888bacfb5b76a57a0b9843e21e82">freight railroads' efforts</a>&nbsp;to cut crews down to one person represent a clear safety threat.“Railroads in the United States largely self-regulate, and right now, rather than learn from their mistakes and improve oversight and safety, they are going in the opposite direction,” Hall said.Norfolk Southern CEO Alan Shaw said Tuesday that he has spoken with Buttigieg several times since the derailment and that he's made the same commitment to Buttigieg that he made to the community of East Palestine: The railroad is committed to cleaning up the mess and helping the town rebuild. He acknowledged the railroad could do more to ensure safety because there is always room to do more and said Norfolk Southern will look to make changes once the NTSB investigation is complete.“It’s clear that our safety culture and our investments in safety were not enough to prevent this accident," Shaw said. "We’re going to learn from it. We’re going to improve. And we’re going to make Norfolk Southern a safer railroad.”Norfolk Southern has already committed $6.5 million to the community. That is likely just the start, as the EPA made clear Tuesday that Norfolk Southern will be responsible for the cleanup costs, and several&nbsp;<a href="https://apnews.com/article/legal-proceedings-pennsylvania-ohio-health-business-820cf081c0e068a47db2e141a3f988e6?utm_source=apnews&amp;utm_medium=relatedcontentmodule">lawsuits</a>&nbsp;have already been filed against the railroad.

Transportation Sec. urges safety changes after train derailments

NEW
 YORK (AP) — The family of slain civil rights leader Malcolm X marked on
 Tuesday the anniversary of his 1965 assassination by announcing plans 
to sue agencies including the CIA, FBI, the New York Police Department 
and others for $100 million, accusing them of playing a role in his 
death.

Two of his daughters, Ilyasah Shabazz and Qubilah Shabazz, 
were joined by attorney Ben Crump at a news conference at the site of 
the former Audubon Ballroom in upper Manhattan, where Malcolm X, a native of Omaha, was 
fatally shot as a crowd gathered to hear him speak on Feb. 21, 1965.

For decades questions have circulated over who was responsible for his death.

Three
 men were convicted, but two were exonerated in 2021 after a renewed 
investigation into the cases against them showed the evidence used to 
gain convictions was shaky and that authorities had held back some 
information.

Ilyasah Shabazz, the co-administrator of her father's
 estate, filed notices of claim, which is the first step in the process,
 saying that the agencies “conspired with each other and with other 
individuals and acted, and failed to act, in such a way as to bring 
about the wrongful death of Malcolm X."

“For years our family has 
fought for the truth to come to light," she said at the news conference.
 “We want justice served for our father.”

Emails seeking comment 
were sent to the CIA, FBI, Department of Justice and New York City's 
legal department. The DOJ and NYPD declined to comment.

Crump 
noted the anniversary date and said that ever since then, "there has 
been speculation as to who was involved in the assassination of Malcolm 
X.”

He cited the 2021 exonerations and said that government 
agencies including the Manhattan district attorney, the NYPD and the FBI
 “had factual evidence, exculpatory evidence that they fraudulently 
concealed from the men who were wrongfully convicted for the 
assassination of Malcolm X.”

Asked if he believes government 
agencies conspired to assassinate Malcolm, Crump said, “That is what we 
are alleging, yes. They infiltrated many civil rights organizations.”

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/2/1677076748684.jpeg" alt="Ilyasah Shabazz, a daughter of Malcolm X, speaks during a news conference at the Malcolm X &amp; Dr. Betty Shabazz Memorial and Educational Center in New York, Tuesday, Feb. 21, 2023.&nbsp; (AP Photo/Seth Wenig)" />
 <figcaption>Ilyasah Shabazz, a daughter of Malcolm X, speaks during a news conference at the Malcolm X &amp; Dr. Betty Shabazz Memorial and Educational Center in New York, Tuesday, Feb. 21, 2023.&nbsp; (AP Photo/Seth Wenig)</figcaption>
 </figure>NEW
 YORK (AP) — The family of slain civil rights leader Malcolm X marked on
 Tuesday the anniversary of his 1965 assassination by announcing plans 
to sue agencies including the CIA, FBI, the New York Police Department 
and others for $100 million, accusing them of playing a role in his 
death.Two of his daughters, Ilyasah Shabazz and Qubilah Shabazz, 
were joined by attorney Ben Crump at a news conference at the site of 
the former Audubon Ballroom in upper Manhattan, where Malcolm X, a native of Omaha, was 
fatally shot as a crowd gathered to hear him speak on Feb. 21, 1965.For decades questions have circulated over who was responsible for his death.Three
 men were convicted, but two were exonerated in 2021 after a renewed 
investigation into the cases against them showed the evidence used to 
gain convictions was shaky and that authorities had held back some 
information.Ilyasah Shabazz, the co-administrator of her father's
 estate, filed notices of claim, which is the first step in the process,
 saying that the agencies “conspired with each other and with other 
individuals and acted, and failed to act, in such a way as to bring 
about the wrongful death of Malcolm X."“For years our family has 
fought for the truth to come to light," she said at the news conference.
 “We want justice served for our father.”Emails seeking comment 
were sent to the CIA, FBI, Department of Justice and New York City's 
legal department. The DOJ and NYPD declined to comment.Crump 
noted the anniversary date and said that ever since then, "there has 
been speculation as to who was involved in the assassination of Malcolm 
X.”He cited the 2021 exonerations and said that government 
agencies including the Manhattan district attorney, the NYPD and the FBI
 “had factual evidence, exculpatory evidence that they fraudulently 
concealed from the men who were wrongfully convicted for the 
assassination of Malcolm X.”Asked if he believes government 
agencies conspired to assassinate Malcolm, Crump said, “That is what we 
are alleging, yes. They infiltrated many civil rights organizations.”

Malcolm X's daughter to sue CIA, FBI for wrongful death

Superintendent: ‘To be blunt, it’s the worst it’s ever been'

By PAUL HAMMEL <a href="https://nebraskaexaminer.com/2023/02/21/state-patrol-seeks-some-more-recruits-as-it-addresses-shortage-of-troopers/">Nebraska Examiner</a>

LINCOLN — The number of state troopers patrolling Nebraska highways 
has hit a new low, though the head of the State Patrol said Tuesday he 
is seeing some good news in rebuilding the force.

Col. John Bolduc, superintendent of the Nebraska State Patrol, told a
 state legislative committee that he has 69 vacant posts for state 
troopers out of an authorized force of 482 uniform officers.

“To be blunt, it’s the worst it’s ever been,” Bolduc told members of the Legislature’s Appropriations Committee.

Bolduc appeared before the committee to testify in favor of Gov. Jim Pillen’s budget recommendation for the agency, which <a href="https://nebraskaexaminer.com/2022/12/21/nebraska-state-troopers-to-get-22-raises-under-historic-new-labor-contract/">includes a record 22% increase in trooper salaries</a> effective July 1.

The colonel told the committee that the Patrol faces the <a href="https://nebraskaexaminer.com/briefs/class-of-16-new-state-troopers-sworn-in-as-union-calls-for-higher-wages/">same “headwinds” that are impacting recruiting</a>
 and retention in law enforcement agencies nationwide — a tight labor 
market, rising pay in competing jobs, and “some pretty spectacularly bad
 headlines” about in-custody deaths involving police.

“It’s a big challenge,” Bolduc said.

The Patrol currently has 15 recruits in a training camp, which 
compares to 20-25 in the past, but it is still higher than a recent camp
 that had eight trooper candidates.

Neighboring states are also seeing fewer applicants, he said. A 
recruit class of five is currently in training in Kansas, Bolduc said, 
and a class of 20 is training in Missouri, a state with more than three 
times the population of Nebraska.

“We’re getting some really great candidates, we’re just not getting enough of them,” he said.

There’s been some good news lately, the colonel told the committee. 
Seventy-nine candidates applied for the next recruit camp in the first 
10 days, he said, which is the most ever in that time frame.

That, Bolduc said, may reflect recent publicity about the salary increases.

The colonel also told the committee that hiring two new fingerprint 
technicians, as proposed in the governor’s budget, should help resolve 
the slow turnaround of background checks that has slowed hiring of child
 care workers.

The Appropriations Committee also took testimony Tuesday about the 
proposed budget for the state prison system. It includes a $24.9 million
 deficit request to cover increased salaries for security staff and 
inflationary costs of food and medical care for inmates that weren’t 
covered in the last budget.

The newly proposed budget features the final $95 million allocation 
to construct a new, $350-million state prison, which can house more than
 1,500 inmates.

Diane Sabatka-Rine, the interim director of the Nebraska Department 
of Corrections, said the department can’t wait any longer for the new 
prison. It is intended to replace the aging State Penitentiary in 
Lincoln, where a recent water main break flooded a housing unit, forcing
 the relocation of 140 inmates.

Salary hikes helped, but vacancies remain

She said that salary increases granted to security staff had shown 
“remarkable success” in filling over 400 vacancies in corrections 
corporals and others over the past year.

But Doug Koebernick, the inspector general for corrections, testified
 that the agency still had 362 vacancies in all positions as of Jan. 1, 
and that two facilities, in Tecumseh and the Reception and Treatment 
Center in Lincoln, are still under staffing “emergencies” that result in
 interruptions in rehabilitation programming and other activities.

Koebernick said that state prisons have a critical shortage of health
 workers, with only six of 18 psychologist positions filled and the 
agency lacking any psychiatrists.

State Sen. Anna Wishart of Lincoln questioned whether Corrections, 
given the salary increases, will be able to reduce its overtime 
expenses, which exceeded $20 million in the last fiscal year.

Sabatka-Rine said overtime costs remain high for several reasons. She
 said one is that staff working at the two prisons under emergency 
staffing automatically get overtime because they work four 12-hour 
shifts a week.

Three testifiers, including representatives of Nebraska Appleseed and
 the ACLU of Nebraska, urged the committee to reject funding for a new 
prison and instead consider sentencing reforms that would gradually 
reduce the flow of inmates.

“Our punitive response to violence does not work,” said Fran Kaye, a longtime volunteer in state prisons.

She suggested alternatives to incarceration, releasing inmates who 
don’t pose a threat to public safety and investing in policies that 
address poverty and joblessness.

Diane Amdor of Nebraska Appleseed said&nbsp;<a href="https://nebraskaexaminer.com/2023/02/08/tax-credits-for-children-and-child-care-touted-as-helping-many-nebraskans/">providing tax credits per children</a>, which cut child poverty in half during the COVID-19 pandemic, would be a better investment.

“What does it say about our state if we spend $350 million for a new 
prison but not spend money to address child poverty?” Amdor said.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/2/1677076536753.png" alt="In December, the Nebraska State Patrol graduated a class of 16 new state troopers, but the addition still left the force well short of its authorized strength. (Courtesy of the Nebraska State Patrol)" />
 <figcaption>In December, the Nebraska State Patrol graduated a class of 16 new state troopers, but the addition still left the force well short of its authorized strength. (Courtesy of the Nebraska State Patrol)</figcaption>
 </figure><h2>Superintendent: ‘To be blunt, it’s the worst it’s ever been'</h2>By PAUL HAMMEL <a href="https://nebraskaexaminer.com/2023/02/21/state-patrol-seeks-some-more-recruits-as-it-addresses-shortage-of-troopers/">Nebraska Examiner</a>LINCOLN — The number of state troopers patrolling Nebraska highways 
has hit a new low, though the head of the State Patrol said Tuesday he 
is seeing some good news in rebuilding the force.Col. John Bolduc, superintendent of the Nebraska State Patrol, told a
 state legislative committee that he has 69 vacant posts for state 
troopers out of an authorized force of 482 uniform officers.“To be blunt, it’s the worst it’s ever been,” Bolduc told members of the Legislature’s Appropriations Committee.<h2>Raise coming</h2>Bolduc appeared before the committee to testify in favor of Gov. Jim Pillen’s budget recommendation for the agency, which <a href="https://nebraskaexaminer.com/2022/12/21/nebraska-state-troopers-to-get-22-raises-under-historic-new-labor-contract/">includes a record 22% increase in trooper salaries</a> effective July 1.The colonel told the committee that the Patrol faces the <a href="https://nebraskaexaminer.com/briefs/class-of-16-new-state-troopers-sworn-in-as-union-calls-for-higher-wages/">same “headwinds” that are impacting recruiting</a>
 and retention in law enforcement agencies nationwide — a tight labor 
market, rising pay in competing jobs, and “some pretty spectacularly bad
 headlines” about in-custody deaths involving police.“It’s a big challenge,” Bolduc said.The Patrol currently has 15 recruits in a training camp, which 
compares to 20-25 in the past, but it is still higher than a recent camp
 that had eight trooper candidates.<h2>Smaller recruit camps</h2>Neighboring states are also seeing fewer applicants, he said. A 
recruit class of five is currently in training in Kansas, Bolduc said, 
and a class of 20 is training in Missouri, a state with more than three 
times the population of Nebraska.“We’re getting some really great candidates, we’re just not getting enough of them,” he said.There’s been some good news lately, the colonel told the committee. 
Seventy-nine candidates applied for the next recruit camp in the first 
10 days, he said, which is the most ever in that time frame.That, Bolduc said, may reflect recent publicity about the salary increases.<h2>New state prison, overtime expenses</h2>The colonel also told the committee that hiring two new fingerprint 
technicians, as proposed in the governor’s budget, should help resolve 
the slow turnaround of background checks that has slowed hiring of child
 care workers.The Appropriations Committee also took testimony Tuesday about the 
proposed budget for the state prison system. It includes a $24.9 million
 deficit request to cover increased salaries for security staff and 
inflationary costs of food and medical care for inmates that weren’t 
covered in the last budget.The newly proposed budget features the final $95 million allocation 
to construct a new, $350-million state prison, which can house more than
 1,500 inmates.Diane Sabatka-Rine, the interim director of the Nebraska Department 
of Corrections, said the department can’t wait any longer for the new 
prison. It is intended to replace the aging State Penitentiary in 
Lincoln, where a recent water main break flooded a housing unit, forcing
 the relocation of 140 inmates.<h2>Salary hikes helped, but vacancies remain</h2>She said that salary increases granted to security staff had shown 
“remarkable success” in filling over 400 vacancies in corrections 
corporals and others over the past year.But Doug Koebernick, the inspector general for corrections, testified
 that the agency still had 362 vacancies in all positions as of Jan. 1, 
and that two facilities, in Tecumseh and the Reception and Treatment 
Center in Lincoln, are still under staffing “emergencies” that result in
 interruptions in rehabilitation programming and other activities.Koebernick said that state prisons have a critical shortage of health
 workers, with only six of 18 psychologist positions filled and the 
agency lacking any psychiatrists.State Sen. Anna Wishart of Lincoln questioned whether Corrections, 
given the salary increases, will be able to reduce its overtime 
expenses, which exceeded $20 million in the last fiscal year.Sabatka-Rine said overtime costs remain high for several reasons. She
 said one is that staff working at the two prisons under emergency 
staffing automatically get overtime because they work four 12-hour 
shifts a week.<h2>Some reject new prison</h2>Three testifiers, including representatives of Nebraska Appleseed and
 the ACLU of Nebraska, urged the committee to reject funding for a new 
prison and instead consider sentencing reforms that would gradually 
reduce the flow of inmates.“Our punitive response to violence does not work,” said Fran Kaye, a longtime volunteer in state prisons.She suggested alternatives to incarceration, releasing inmates who 
don’t pose a threat to public safety and investing in policies that 
address poverty and joblessness.Diane Amdor of Nebraska Appleseed said&nbsp;<a href="https://nebraskaexaminer.com/2023/02/08/tax-credits-for-children-and-child-care-touted-as-helping-many-nebraskans/">providing tax credits per children</a>, which cut child poverty in half during the COVID-19 pandemic, would be a better investment.“What does it say about our state if we spend $350 million for a new 
prison but not spend money to address child poverty?” Amdor said.

State Patrol seeks recruits as it addresses shortage of troopers

By ZACH WENDLING <a href="https://nebraskaexaminer.com/briefs/nebraska-committee-considers-harmonizing-hemp-regulation/">Nebraska Examiner</a>

LINCOLN — A legislative committee 
Tuesday considered proposals to harmonize Nebraska’s hemp regulation 
with federal standards and terminate the Nebraska Hemp Commission.

<a target="_blank" href="https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=49794">Legislative Bill 263</a>,
 introduced by the Agriculture Committee at the request of the Nebraska 
Department of Agriculture, would amend the Nebraska Hemp Farming Act to 
align with the federal 2018 Farm Bill in the following ways:

The Agriculture Department director would also have greater authority to match federal changes.

<a target="_blank" href="https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=49804">Legislative Bill 336</a>,
 proposed by State Sen. Steve Halloran of Hastings, chair of the 
Agriculture Committee, would eliminate the Nebraska Hemp Commission and 
instead create the Nebraska Hemp Advisory Board. Rather than a 
standalone agency, this new board would be housed in the Nebraska 
Department of Agriculture.

No one testified in opposition to 
either proposal Tuesday, with most testifiers describing the importance 
for Nebraska to “tap into” the potential of hemp production.

“A thriving hemp industry in Nebraska could create new job 
opportunities and stimulate economic growth, particularly in rural areas
 of the state,” said Jacob Bish, who works in his family-owned Bish 
Enterprises and Global Fiber Processing.

Sherry Vinton, director of the 
Department of Agriculture, testified in support of LB 263 to harmonize 
federal provisions in state law.&nbsp;

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/2/1677076399825.png" alt="State Sen. Steve Halloran of Hastings, chair of the Agriculture Committee, opens one of the committee’s hearings on Tuesday, Feb. 21, 2023, in Lincoln, Neb. (Zach Wendling/Nebraska Examiner)" />
 <figcaption>State Sen. Steve Halloran of Hastings, chair of the Agriculture Committee, opens one of the committee’s hearings on Tuesday, Feb. 21, 2023, in Lincoln, Neb. (Zach Wendling/Nebraska Examiner)</figcaption>
 </figure>By ZACH WENDLING <a href="https://nebraskaexaminer.com/briefs/nebraska-committee-considers-harmonizing-hemp-regulation/">Nebraska Examiner</a>LINCOLN — A legislative committee 
Tuesday considered proposals to harmonize Nebraska’s hemp regulation 
with federal standards and terminate the Nebraska Hemp Commission.<a target="_blank" href="https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=49794">Legislative Bill 263</a>,
 introduced by the Agriculture Committee at the request of the Nebraska 
Department of Agriculture, would amend the Nebraska Hemp Farming Act to 
align with the federal 2018 Farm Bill in the following ways:<ul>
 <li>Increasing the harvest window of hemp from 15 to 30 days.</li><li>Requiring the Nebraska Hemp Commission to meet annually instead of quarterly.</li><li>Increasing the negligence threshold of THC from 0.5% to 1%.&nbsp;</li><li>Allowing the use of performance-based sampling and remediation options for hemp testing.</li>
 </ul>The Agriculture Department director would also have greater authority to match federal changes.<a target="_blank" href="https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=49804">Legislative Bill 336</a>,
 proposed by State Sen. Steve Halloran of Hastings, chair of the 
Agriculture Committee, would eliminate the Nebraska Hemp Commission and 
instead create the Nebraska Hemp Advisory Board. Rather than a 
standalone agency, this new board would be housed in the Nebraska 
Department of Agriculture.No one testified in opposition to 
either proposal Tuesday, with most testifiers describing the importance 
for Nebraska to “tap into” the potential of hemp production.“A thriving hemp industry in Nebraska could create new job 
opportunities and stimulate economic growth, particularly in rural areas
 of the state,” said Jacob Bish, who works in his family-owned Bish 
Enterprises and Global Fiber Processing.<h2>Future of hemp</h2>Sherry Vinton, director of the 
Department of Agriculture, testified in support of LB 263 to harmonize 
federal provisions in state law.&nbsp;Vinton said 22 hemp producers operate
 in the state, and the bill is “essentially” the same as a similar bill 
that reached the first round of debate in 2022 but did not advance.&nbsp;Hemp is used in many everyday 
household items, including lotions, shampoos and clothing. Hemp can also
 be used as a substitute for concrete.Annette Wiles, chair of the Nebraska 
Hemp Commission, testified in support of the committee’s bill and 
neutral on Halloran’s bill. She noted Nebraska had a decrease in hemp 
acreage from 2019 to 2023, partly due to state policy.“We held our growers to way higher 
standards than the federal plans, which discouraged farmers from getting
 engaged in growing the crop,” Wiles said.Wiles said she is in support of the 
commission receiving more support to operate, but she cautioned that 
moving the commission to the Agriculture Department — without additional
 funding, which already doesn’t exist — leaves uncertainty.“Our commission will never be 
successful,” Wiles said, if there is no future funding. “And we’ve done a
 lot of work to set ourselves up.”Wiles and Bish also encouraged the committee to expand LB 263 to reduce or eliminate fees for research.<h2>‘Reality check’</h2>John Hansen, president of the 
Nebraska Farmers Union, said that both bills would be good steps forward
 and that Halloran’s bill “recognizes where we’re at” with regard to 
hemp production.Halloran said he is “looking forward”
 to the hemp industry being “vibrant enough” in the future that it could
 sustain its own commission.“This is just a reality check that they’re not there right now,” Halloran said.