<a href="https://nebraskaexaminer.com/2024/06/26/questions-remain-as-gov-pillen-doubles-down-on-taking-over-k-12-public-school-funding/">Nebraska Examiner</a>

COLUMBUS, Nebraska —&nbsp;Gov. Jim Pillen confirmed Wednesday he is asking the State of Nebraska to take on most or all public K-12 school spending, instead of funding schools through local property taxes. The shift would be a national standout.

Speaking Wednesday in his hometown of Columbus, Pillen said having the state take on an additional $1.65 billion to&nbsp;<a href="https://nebraskaexaminer.com/briefs/gov-pillen-eyes-nebraska-taking-over-k-12-school-funding-instead-of-local-property-taxes/">fund K-12 schools</a>,&nbsp;instead of funding schools through local property taxes, would be a win-win.&nbsp;

He is also seeking to cap local political subdivisions’ year-to-year spending increases, either at 0% or the level of the&nbsp;<a href="https://www.bls.gov/cpi/" target="_blank">consumer price index</a>, a measure of inflation. CPI for May 2024 was at 3.3%.

“Having the state fund our children will do nothing but strengthen our education,” Pillen told reporters after the town hall event.

School advocates and multiple state senators told the Nebraska Examiner their understanding of Pillen’s plan was that the state would take over the general expenditures for schools, minus special building projects or bond levies that would be left up to local school boards.&nbsp;

However, Pillen confirmed at the town hall and with reporters he is eyeing all K-12 funding, which would be a dramatic shift from the state’s current model.&nbsp;

Ryan Loseke, a former Lakeview Community Schools board member who served from 2011 to 2023, expressed concern the idea would remove local control for the state’s 244 public school districts, which have their own culture and priorities.

“I’m concerned about how this looks and a little more comfortable with foundation aid,” Loseke told Pillen.

Pillen said the model would be similar to how the state has assumed funding of community colleges. Legislation passed in 2023 shifting the source of funding for community colleges, from property taxes to state funds. Still, the colleges retained a limited “backstop” to return to funding via property taxes if state funding dried up.

The governor also pointed to his previous political office on the University of Nebraska Board of Regents, on which he served for about 10 years. The board is in charge of&nbsp;<a href="https://nebraskaexaminer.com/2024/06/20/nu-regents-approve-inflationary-tuition-increases-millions-in-cuts-for-2024-25-budget/">delegating state funds for university spending</a>.

“You know how much authority the Board of Regents has on getting money? Zero,” Pillen said.

NU leaders publicize their two-year state funding request every other August and then testify alongside all other agencies before the Legislature’s Appropriations Committee each spring. The committee&nbsp; forwards its spending recommendations to the full Legislature.

In 2023, Pillen’s first year as governor, NU requested a 3% increase in state aid, for example. Pillen had included a 2% increase in his initial budget, and the Legislature landed in the middle. About 60% of NU’s state-aided $1.1 billion budget is from the state, while the rest is funded by tuition revenue.

Community colleges also set tuition levels. Local K-12 school boards have bond authority, but they do not charge tuition.&nbsp;

The Nebraska State Education Association did not immediately respond to a request for comment Wednesday on Pillen’s ideas.

In Nebraska, for the 2022-23 school year, about 60% of the state’s $5.3 billion in property taxes went to K-12 schools — about&nbsp;<a href="https://revenue.nebraska.gov/sites/default/files/doc/pad/research/annual-reports/2023/annrpt2023%20table%2012.pdf" target="_blank">$2.8 billion in direct taxes</a>&nbsp;and&nbsp;<a href="https://revenue.nebraska.gov/sites/default/files/doc/pad/research/annual-reports/2023/annrpt2023%20table%2014.pdf" target="_blank">$318 million in bonds</a>, according to the Nebraska Department of Revenue.&nbsp;

A report from the&nbsp;<a href="https://nces.ed.gov/programs/coe/indicator/cma/public-school-revenue#fr4" target="_blank">Institute of Education Sciences National Center for Education Statistics</a>&nbsp;states Nebraska property tax revenues were about 48% of total revenue sources for schools during the 2020-21 academic year. On average, about 36% of total school revenue sources came from property taxes.

Vermont’s total revenue from property taxes rounded to 0% because it had a state-administered property tax, which Nebraska voters outlawed in the 1960s.

Other states with the least total school revenue coming from property taxes were: Alaska, at 11%; New Mexico, at 14%; Alabama, at 15%; and Kansas, at 17%.

Hawaii, which has only one school district, does not fund public education through property taxes.

In Nebraska, a competing tax plan that is the subject of a petition initiative would eliminate the state’s current tax model and replace it with consumption and excise taxes alone. The so-called&nbsp;<a href="https://nebraskaexaminer.com/2024/05/21/epic-tax-backers-say-petition-effort-cleared-38-county-hurdle/">EPIC Option</a>&nbsp;has a July 3 deadline to submit enough signatures to qualify for the November ballot.

Both the Pillen and EPIC proposals would change how the state funds K-12 education. Pillen has said he would work “day and night” to&nbsp;<a href="https://nebraskaexaminer.com/2024/06/15/nebraska-gov-pillen-taking-potshots-at-state-senators-while-seeking-tax-relief-support/">defeat EPIC</a>&nbsp;if it qualifies for the November ballot.

Under Pillen’s proposal, which has not been formally outlined ahead of a special session expected to begin July 25, most school funding could be centralized at the Legislature, another line in the state budget. Pillen would wield the line-item veto pen, but he said local school boards and taxpayers could trust that the model would improve schools.

“I’ve not met a Nebraskan, anybody, who’s against our kids,” Pillen said.

Pillen is also seeking to end unfunded mandates in county, city and school governments. One superintendent in attendance Wednesday said that includes training and other staff requirements.

“We’re going to clear them out and not do them and save a bunch of money instead of continuing to do things status quo,” Pillen said of unfunded mandates, without offering specifics.

Pillen said that with hard spending caps would help simplify a complicated state aid formula that lawmakers have perennially tweaked since 1990.

He argued this would allow schools to increase teacher pay and hire fewer administrators.

But the “how” behind Pillen’s plan has not yet materialized, and it’s unclear whether spending levels would be frozen, and at what level, should the idea take root. It’s also unclear how schools would go about requesting spending increases, such as at the level of inflation or by a vote of their residents.

Asked whether the change would mean the state’s school districts would need to go to the Appropriations Committee every other year to seek state funding, Pillen said there would be exceptions to that rule. He gave no further explanation.

“Funding our schools is the highest priority for all Nebraskans,” Pillen said. “It’s one thing we agree on: We never give up on a kid.”

Between the 2022-23 and 2023-24 school years, statewide school taxes (excluding bonds) went up 3.17%.&nbsp;

Of 244 school districts, 88 districts brought in&nbsp;<a href="https://revenue.nebraska.gov/sites/default/files/doc/pad/research/annual-reports/2023/annrpt2023%20table%2012.pdf" target="_blank">less tax revenue in 2023-24</a>&nbsp;than&nbsp;<a href="https://revenue.nebraska.gov/sites/revenue.nebraska.gov/files/doc/pad/research/annual-reports/2022/annrpt2022%20table%2012.pdf" target="_blank">the year before</a>; and 70 had an increase of at least 3% in collected taxes —&nbsp;59 rose more than 4%, 48 rose more than 5% and 16 went up by double digits.

State Sen. Jana Hughes of Seward, a former school board member, said she backs the state taking a larger role in financially supporting schools. She said it is time to modernize the state’s tax code, joining Pillen in calling for allowing taxes on more services as the economy has diverted from being goods-based to being more dominated by services.

“I think finding sustainable funds to support 100% of school funding seems like a big task, so I hope we can make progress toward that goal one step at a time,” Hughes said in a text. “If we can find an extra $1 billion this special session I will be very pleased.”

Hughes has led the charge to increase taxes on vaping, and the governor has set his sights on increasing other “sin” taxes for liquor and cigarettes.

Pillen on Wednesday floated changing how personal property is taxed so it could be done through sales taxes and suggested a two-tiered tax rate for certain goods or services. Beyond medicine and groceries, he said, all other sales tax exemptions are in play.

A previous&nbsp;<a href="https://nebraskaexaminer.com/2024/06/10/everybodys-got-to-play-breaking-down-nebraskas-more-than-100-sales-tax-exemptions/">review of sales tax exemptions</a>&nbsp;by the Examiner showed at least $6.5 billion is annually not collected from taxpayers for services and certain goods —&nbsp;services are exempt unless taxed, and many services are not estimated for potential tax revenue.

Multiple senators have said taxing business or agricultural inputs is a non-starter, but Pillen, a hog farmer and veterinarian, has countered that a two-tiered sales tax rate could be created. The specifics — such as enforcement and tracking details — have not been outlined.

“I’ve had the suggestion of taxing our inputs 2% for putting a corn and a soybean crop in,” Pillen explained. “For easy math, you put a corn crop in or seed corn or chemicals and our fertilizer — $400. You tax at 2 [%], that’s $8. If property tax goes down 60%, you come back $8, it’s an extraordinary tax decrease.”

Pillen also pointed to pop and candy to illustrate that Nebraskans might not notice the change: Self-serve soft drinks as gas stations are taxed, for example, but bottled soft drinks are not.

“Does anybody know that?” Pillen asked the audience Wednesday. “Nobody does, because nobody pays attention to sales tax. It has the least impact on our economy.”

Asked by an audience member whether Pillen would look at gambling for revenue, whether by legalizing mobile betting or setting skill games and casinos at a similar tax rate, he said it could be another piece of the puzzle.

“I don’t like sports betting,” Pillen said, “but the hardcore reality is … whoever wants to do online sports betting in Nebraska is doing it and … we’re giving it [the revenue] to our neighbors.”

Another potential revenue source that senators have floated, however, is a nonstarter with Pillen: recreational marijuana.

“I’m going to protect kids,” Pillen said. “Legalizing marijuana, trying to have it for sales tax, I’ll veto it.”

Should legislation be filibustered, it would need 33 votes to end the filibuster. A veto override requires 30 votes. It’s uncertain whether Pillen will have the votes needed for his proposal by the special session, but he told reporters Wednesday he will talk to all 49 senators by the time the session convenes. He has six more town halls scheduled this week. No events have been scheduled in the two most populous cities: Omaha and Lincoln.

“I believe that with your help, we will have bipartisan support, and we won’t have to worry about counting 33,” Pillen said at the town hall. “But we got a lot of work to do between now and when the session starts.”

<figure>
 <img src="https://media.eaglewebservices.com/public/2024/6/1719500229029.jpeg" alt=" Gov. Jim Pillen listens to a local farmer discuss possible impacts of proposed property tax reform ideas at a town hall in Pillen’s hometwon hometown of Columbus at the Columbus Area Chamber of Commerce on Wednesday, June 26, 2024. In front of Pillen is State Sen. Mike Moser of Columbus. State Treasurer Tom Briese, left, also watches during the event. (Zach Wendling/Nebraska Examiner)" />
 <figcaption> Gov. Jim Pillen listens to a local farmer discuss possible impacts of proposed property tax reform ideas at a town hall in Pillen’s hometwon hometown of Columbus at the Columbus Area Chamber of Commerce on Wednesday, June 26, 2024. In front of Pillen is State Sen. Mike Moser of Columbus. State Treasurer Tom Briese, left, also watches during the event. (Zach Wendling/Nebraska Examiner)</figcaption>
 </figure>Zach Wendling<a href="https://nebraskaexaminer.com/2024/06/26/questions-remain-as-gov-pillen-doubles-down-on-taking-over-k-12-public-school-funding/">Nebraska Examiner</a>COLUMBUS, Nebraska —&nbsp;Gov. Jim Pillen confirmed Wednesday he is asking the State of Nebraska to take on most or all public K-12 school spending, instead of funding schools through local property taxes. The shift would be a national standout.Speaking Wednesday in his hometown of Columbus, Pillen said having the state take on an additional $1.65 billion to&nbsp;<a href="https://nebraskaexaminer.com/briefs/gov-pillen-eyes-nebraska-taking-over-k-12-school-funding-instead-of-local-property-taxes/">fund K-12 schools</a>,&nbsp;instead of funding schools through local property taxes, would be a win-win.&nbsp;He is also seeking to cap local political subdivisions’ year-to-year spending increases, either at 0% or the level of the&nbsp;<a href="https://www.bls.gov/cpi/" target="_blank">consumer price index</a>, a measure of inflation. CPI for May 2024 was at 3.3%.“Having the state fund our children will do nothing but strengthen our education,” Pillen told reporters after the town hall event.School advocates and multiple state senators told the Nebraska Examiner their understanding of Pillen’s plan was that the state would take over the general expenditures for schools, minus special building projects or bond levies that would be left up to local school boards.&nbsp;However, Pillen confirmed at the town hall and with reporters he is eyeing all K-12 funding, which would be a dramatic shift from the state’s current model.&nbsp;<h2>Local control concerns</h2>Ryan Loseke, a former Lakeview Community Schools board member who served from 2011 to 2023, expressed concern the idea would remove local control for the state’s 244 public school districts, which have their own culture and priorities.“I’m concerned about how this looks and a little more comfortable with foundation aid,” Loseke told Pillen.Pillen said the model would be similar to how the state has assumed funding of community colleges. Legislation passed in 2023 shifting the source of funding for community colleges, from property taxes to state funds. Still, the colleges retained a limited “backstop” to return to funding via property taxes if state funding dried up.The governor also pointed to his previous political office on the University of Nebraska Board of Regents, on which he served for about 10 years. The board is in charge of&nbsp;<a href="https://nebraskaexaminer.com/2024/06/20/nu-regents-approve-inflationary-tuition-increases-millions-in-cuts-for-2024-25-budget/">delegating state funds for university spending</a>.“You know how much authority the Board of Regents has on getting money? Zero,” Pillen said.NU leaders publicize their two-year state funding request every other August and then testify alongside all other agencies before the Legislature’s Appropriations Committee each spring. The committee&nbsp; forwards its spending recommendations to the full Legislature.In 2023, Pillen’s first year as governor, NU requested a 3% increase in state aid, for example. Pillen had included a 2% increase in his initial budget, and the Legislature landed in the middle. About 60% of NU’s state-aided $1.1 billion budget is from the state, while the rest is funded by tuition revenue.Community colleges also set tuition levels. Local K-12 school boards have bond authority, but they do not charge tuition.&nbsp;The Nebraska State Education Association did not immediately respond to a request for comment Wednesday on Pillen’s ideas.<h2>Nation-leading idea</h2>In Nebraska, for the 2022-23 school year, about 60% of the state’s $5.3 billion in property taxes went to K-12 schools — about&nbsp;<a href="https://revenue.nebraska.gov/sites/default/files/doc/pad/research/annual-reports/2023/annrpt2023%20table%2012.pdf" target="_blank">$2.8 billion in direct taxes</a>&nbsp;and&nbsp;<a href="https://revenue.nebraska.gov/sites/default/files/doc/pad/research/annual-reports/2023/annrpt2023%20table%2014.pdf" target="_blank">$318 million in bonds</a>, according to the Nebraska Department of Revenue.&nbsp;A report from the&nbsp;<a href="https://nces.ed.gov/programs/coe/indicator/cma/public-school-revenue#fr4" target="_blank">Institute of Education Sciences National Center for Education Statistics</a>&nbsp;states Nebraska property tax revenues were about 48% of total revenue sources for schools during the 2020-21 academic year. On average, about 36% of total school revenue sources came from property taxes.Vermont’s total revenue from property taxes rounded to 0% because it had a state-administered property tax, which Nebraska voters outlawed in the 1960s.Other states with the least total school revenue coming from property taxes were: Alaska, at 11%; New Mexico, at 14%; Alabama, at 15%; and Kansas, at 17%.Hawaii, which has only one school district, does not fund public education through property taxes.In Nebraska, a competing tax plan that is the subject of a petition initiative would eliminate the state’s current tax model and replace it with consumption and excise taxes alone. The so-called&nbsp;<a href="https://nebraskaexaminer.com/2024/05/21/epic-tax-backers-say-petition-effort-cleared-38-county-hurdle/">EPIC Option</a>&nbsp;has a July 3 deadline to submit enough signatures to qualify for the November ballot.Both the Pillen and EPIC proposals would change how the state funds K-12 education. Pillen has said he would work “day and night” to&nbsp;<a href="https://nebraskaexaminer.com/2024/06/15/nebraska-gov-pillen-taking-potshots-at-state-senators-while-seeking-tax-relief-support/">defeat EPIC</a>&nbsp;if it qualifies for the November ballot.<h2>Changing the ‘status quo’</h2>Under Pillen’s proposal, which has not been formally outlined ahead of a special session expected to begin July 25, most school funding could be centralized at the Legislature, another line in the state budget. Pillen would wield the line-item veto pen, but he said local school boards and taxpayers could trust that the model would improve schools.“I’ve not met a Nebraskan, anybody, who’s against our kids,” Pillen said.Pillen is also seeking to end unfunded mandates in county, city and school governments. One superintendent in attendance Wednesday said that includes training and other staff requirements.“We’re going to clear them out and not do them and save a bunch of money instead of continuing to do things status quo,” Pillen said of unfunded mandates, without offering specifics.Pillen said that with hard spending caps would help simplify a complicated state aid formula that lawmakers have perennially tweaked since 1990.He argued this would allow schools to increase teacher pay and hire fewer administrators.But the “how” behind Pillen’s plan has not yet materialized, and it’s unclear whether spending levels would be frozen, and at what level, should the idea take root. It’s also unclear how schools would go about requesting spending increases, such as at the level of inflation or by a vote of their residents.Asked whether the change would mean the state’s school districts would need to go to the Appropriations Committee every other year to seek state funding, Pillen said there would be exceptions to that rule. He gave no further explanation.“Funding our schools is the highest priority for all Nebraskans,” Pillen said. “It’s one thing we agree on: We never give up on a kid.”Between the 2022-23 and 2023-24 school years, statewide school taxes (excluding bonds) went up 3.17%.&nbsp;Of 244 school districts, 88 districts brought in&nbsp;<a href="https://revenue.nebraska.gov/sites/default/files/doc/pad/research/annual-reports/2023/annrpt2023%20table%2012.pdf" target="_blank">less tax revenue in 2023-24</a>&nbsp;than&nbsp;<a href="https://revenue.nebraska.gov/sites/revenue.nebraska.gov/files/doc/pad/research/annual-reports/2022/annrpt2022%20table%2012.pdf" target="_blank">the year before</a>; and 70 had an increase of at least 3% in collected taxes —&nbsp;59 rose more than 4%, 48 rose more than 5% and 16 went up by double digits.<h2>‘Nobody pays attention to sales tax’</h2>State Sen. Jana Hughes of Seward, a former school board member, said she backs the state taking a larger role in financially supporting schools. She said it is time to modernize the state’s tax code, joining Pillen in calling for allowing taxes on more services as the economy has diverted from being goods-based to being more dominated by services.“I think finding sustainable funds to support 100% of school funding seems like a big task, so I hope we can make progress toward that goal one step at a time,” Hughes said in a text. “If we can find an extra $1 billion this special session I will be very pleased.”Hughes has led the charge to increase taxes on vaping, and the governor has set his sights on increasing other “sin” taxes for liquor and cigarettes.Pillen on Wednesday floated changing how personal property is taxed so it could be done through sales taxes and suggested a two-tiered tax rate for certain goods or services. Beyond medicine and groceries, he said, all other sales tax exemptions are in play.A previous&nbsp;<a href="https://nebraskaexaminer.com/2024/06/10/everybodys-got-to-play-breaking-down-nebraskas-more-than-100-sales-tax-exemptions/">review of sales tax exemptions</a>&nbsp;by the Examiner showed at least $6.5 billion is annually not collected from taxpayers for services and certain goods —&nbsp;services are exempt unless taxed, and many services are not estimated for potential tax revenue.Multiple senators have said taxing business or agricultural inputs is a non-starter, but Pillen, a hog farmer and veterinarian, has countered that a two-tiered sales tax rate could be created. The specifics — such as enforcement and tracking details — have not been outlined.“I’ve had the suggestion of taxing our inputs 2% for putting a corn and a soybean crop in,” Pillen explained. “For easy math, you put a corn crop in or seed corn or chemicals and our fertilizer — $400. You tax at 2 [%], that’s $8. If property tax goes down 60%, you come back $8, it’s an extraordinary tax decrease.”Pillen also pointed to pop and candy to illustrate that Nebraskans might not notice the change: Self-serve soft drinks as gas stations are taxed, for example, but bottled soft drinks are not.“Does anybody know that?” Pillen asked the audience Wednesday. “Nobody does, because nobody pays attention to sales tax. It has the least impact on our economy.”<h2>Gambling and marijuana</h2>Asked by an audience member whether Pillen would look at gambling for revenue, whether by legalizing mobile betting or setting skill games and casinos at a similar tax rate, he said it could be another piece of the puzzle.“I don’t like sports betting,” Pillen said, “but the hardcore reality is … whoever wants to do online sports betting in Nebraska is doing it and … we’re giving it [the revenue] to our neighbors.”Another potential revenue source that senators have floated, however, is a nonstarter with Pillen: recreational marijuana.“I’m going to protect kids,” Pillen said. “Legalizing marijuana, trying to have it for sales tax, I’ll veto it.”Should legislation be filibustered, it would need 33 votes to end the filibuster. A veto override requires 30 votes. It’s uncertain whether Pillen will have the votes needed for his proposal by the special session, but he told reporters Wednesday he will talk to all 49 senators by the time the session convenes. He has six more town halls scheduled this week. No events have been scheduled in the two most populous cities: Omaha and Lincoln.“I believe that with your help, we will have bipartisan support, and we won’t have to worry about counting 33,” Pillen said at the town hall. “But we got a lot of work to do between now and when the session starts.”

Questions remain as Gov. Pillen doubles down on taking over K-12 public school funding

<a href="https://nebraskaexaminer.com/briefs/owners-of-two-shops-selling-delta-8-in-nebraska-settle-with-state-ag/">Nebraska Examiner</a>

LINCOLN — Nebraska Attorney General Mike Hilgers announced settlements Wednesday with three of several owners targeted in 11 state lawsuits filed against vape shops selling legally murky variants of the THC-containing substance delta-8.

Hilgers has prioritized closing legal loopholes around delta-8, which he said opened when the 2018 federal farm bill limited delta-9, but not delta-8. The substance is often sold in modified food products made to look and taste like candy and snacks.

He and others have argued the potential health risks of solvents and substances that could be used in the loosely regulated manufacturing of the psychoactive products. Buyers and sellers of delta-8 products call such concerns a scare tactic.

The U.S. Food and Drug Administration received more than 100 reports of “adverse events” from delta-8 products with THC, officials said, including anxiety and vomiting. THC is the psychoactive ingredient in cannabis.&nbsp;

“I am proud to announce these settlements, which represent important steps towards getting these untested, mislabeled, and dangerous THC products off the shelves in Nebraska,” Hilgers said in a statement.&nbsp;

He called on the other retailers that the Attorney General’s Office has sued in Dawes, Hall, Keith, Lancaster, Lincoln, Madison, Platte, Saline, Sarpy and Scotts Bluff Counties to negotiate with the state soon or watch the window close.

“Time is running short to settle on favorable terms with our office,” Hilgers said. “The door will soon close on obtaining settlements that waive penalties, and for those who do not settle, we will seek relief to the fullest extent of the law.”&nbsp;

The state’s consumer protection lawsuits argue that the products are mislabeled, deceptively advertised and possibly contaminated. But lawyers for the targeted retailers say that Nebraska law regulating delta-8 products is at best unclear and that it might sidestep regulating the substance altogether.

The AG appeared to acknowledge the need to clarify the law by including more explicit language banning delta-8 products as part of his broader criminal justice proposals this year. State Sen. Teresa Ibach’s Legislative Bill 999 stalled in April.

W. Randall Paragas, an attorney for two of three defendants who settled, Stewart Scott Ritter and Alejandro Castro, criticized the state’s aggressive stance on the delta-8 products. Both owned the now-closed High Flow Cannabis of Grand Island.

For many of the affected vape shops, sellers of water pipes and similar retailers, these THC-containing products represent half of their sales and sometimes more, Paragas said. That can be the difference between keeping the doors open and not.

But he said business owners who lose these lawsuits risk paying hundreds of thousands of dollars in fines and penalties, plus the potential of having to pay the state’s cost of suing them.&nbsp;

Those who settled agreed to stop selling any THC-containing hemp products and to turn over any of the unsold products already in their inventories for destruction. Failure to comply risks escalating six-figure costs for breaching the deal.

“The law in the State of Nebraska is not clear as to what’s prohibited and what is not prohibited,” he said. “The problem my clients run into, and I’m talking about small businesses, they don’t have the resources to fight the government.”

The third shop owner who settled, Lisa Lomack, who owns Ms. V Shop in Crete, did not immediately return calls seeking comment Wednesday afternoon. Her shop was still open Wednesday.

<figure>
 <img src="https://media.eaglewebservices.com/public/2024/6/1719503124988.jpeg" alt="Attorney General Mike Hilgers speaks during a news conference in Lincoln. (Zach Wendling/Nebraska Examiner)" />
 <figcaption>Attorney General Mike Hilgers speaks during a news conference in Lincoln. (Zach Wendling/Nebraska Examiner)</figcaption>
 </figure>Aaron Sanderford<a href="https://nebraskaexaminer.com/briefs/owners-of-two-shops-selling-delta-8-in-nebraska-settle-with-state-ag/">Nebraska Examiner</a>LINCOLN — Nebraska Attorney General Mike Hilgers announced settlements Wednesday with three of several owners targeted in 11 state lawsuits filed against vape shops selling legally murky variants of the THC-containing substance delta-8.Hilgers has prioritized closing legal loopholes around delta-8, which he said opened when the 2018 federal farm bill limited delta-9, but not delta-8. The substance is often sold in modified food products made to look and taste like candy and snacks.He and others have argued the potential health risks of solvents and substances that could be used in the loosely regulated manufacturing of the psychoactive products. Buyers and sellers of delta-8 products call such concerns a scare tactic.The U.S. Food and Drug Administration received more than 100 reports of “adverse events” from delta-8 products with THC, officials said, including anxiety and vomiting. THC is the psychoactive ingredient in cannabis.&nbsp;“I am proud to announce these settlements, which represent important steps towards getting these untested, mislabeled, and dangerous THC products off the shelves in Nebraska,” Hilgers said in a statement.&nbsp;<h2>Time running short for settlements</h2>He called on the other retailers that the Attorney General’s Office has sued in Dawes, Hall, Keith, Lancaster, Lincoln, Madison, Platte, Saline, Sarpy and Scotts Bluff Counties to negotiate with the state soon or watch the window close.“Time is running short to settle on favorable terms with our office,” Hilgers said. “The door will soon close on obtaining settlements that waive penalties, and for those who do not settle, we will seek relief to the fullest extent of the law.”&nbsp;The state’s consumer protection lawsuits argue that the products are mislabeled, deceptively advertised and possibly contaminated. But lawyers for the targeted retailers say that Nebraska law regulating delta-8 products is at best unclear and that it might sidestep regulating the substance altogether.The AG appeared to acknowledge the need to clarify the law by including more explicit language banning delta-8 products as part of his broader criminal justice proposals this year. State Sen. Teresa Ibach’s Legislative Bill 999 stalled in April.<h2>Businesses feel stuck</h2>W. Randall Paragas, an attorney for two of three defendants who settled, Stewart Scott Ritter and Alejandro Castro, criticized the state’s aggressive stance on the delta-8 products. Both owned the now-closed High Flow Cannabis of Grand Island.For many of the affected vape shops, sellers of water pipes and similar retailers, these THC-containing products represent half of their sales and sometimes more, Paragas said. That can be the difference between keeping the doors open and not.But he said business owners who lose these lawsuits risk paying hundreds of thousands of dollars in fines and penalties, plus the potential of having to pay the state’s cost of suing them.&nbsp;Those who settled agreed to stop selling any THC-containing hemp products and to turn over any of the unsold products already in their inventories for destruction. Failure to comply risks escalating six-figure costs for breaching the deal.“The law in the State of Nebraska is not clear as to what’s prohibited and what is not prohibited,” he said. “The problem my clients run into, and I’m talking about small businesses, they don’t have the resources to fight the government.”The third shop owner who settled, Lisa Lomack, who owns Ms. V Shop in Crete, did not immediately return calls seeking comment Wednesday afternoon. Her shop was still open Wednesday.

Owners of two shops selling delta-8 in Nebraska settle with state AG

<a href="https://nebraskaexaminer.com/2024/06/26/ne-auditor-alleges-mishandling-of-public-funds-by-nonprofit-helping-to-manage-niobrara-scenic-river/">Nebraska Examiner</a>

LINCOLN — Nebraska’s state auditor has questioned the handling of public funds by a small nonprofit that helps manage the Niobrara Scenic River corridor.

Among eyebrow-raising items described Wednesday by Auditor Mike Foley is nearly $40,000 in unused leave pay that went to a top executive who had a purported two-decade-long perfect attendance streak.

According to an audit of the Valentine-based Niobrara Council, executive director Kalli Kieborz had not recorded the use of a single day of sick or vacation leave during a 21-year period. As compensation for that unused leave, over time she reportedly received nearly $40,000.

Foley, however, noted Facebook posts from earlier this year that he said depicted Kieborz&nbsp; ice-fishing at Valentine Refuge Lake during what appeared to be normal business hours.&nbsp;

Said Foley: “Even a baseball hall of fame great like Baltimore Orioles shortstop Cal Ripkin, Jr., known as the ‘Iron Man,’ could compile a record of only 17 years without missing a game — and he rested during the off-season!”

The audit team said it received citizen complaints that the Niobrara Council office had been closed without explanation during working hours —&nbsp;”allegations that, if true, cast further doubt upon the already dubious proposition that the executive director managed incredibly to eschew any type of work leave for more than 21 years.”

The audit and a related media release laid out other alleged misuse of funds by the nonprofit, along with recommendations on tightening procedures.&nbsp;

Created by the Nebraska Legislature in 1998, the 16-member Niobrara Council is charged with managing and protecting the Niobrara corridor in conjunction with the National Park Service. Made up of various county commissioners and natural resources experts, the council gets administrative and accounting support from the Nebraska Game and Parks Commission.

The council has only two paid employees, the audit team said: the executive director and the education manager.

Combined, the pair reportedly received more than $7,500 last year in what the auditing team described as improper bonuses. Paid with state and federal funds, the bonuses reportedly violated federal regulations and were questionable under state law prohibiting gratuitous payments when no extra work has been performed.

Among other findings in the<a href="https://auditors.nebraska.gov/APA_Reports/2024/OE992607-06262024-January_1_2023_Through_December_31_2023_Attestation_Report.pdf" target="_blank">&nbsp;23-page audit report</a>, which focused on 2023:

Council pledges ‘closer examination’ of findings&nbsp;

A reporter’s calls to the Niobrara Council and its representatives were not immediately answered Wednesday.

The Niobrara Council did include a general and brief written response in the audit report.

It said that the council decided by consensus that each item in the report will receive closer examination by council committees that have expertise in the respective area.

The council said it hopes to have solutions and recommended action after its August public board meeting.

“Although we are not providing line item comments to the report at this time, we would like it noted that we take the comments and recommendations very seriously and that is the reason the committees have been assigned,” the council wrote.

Foley said the situation illustrates that “large and small entities alike are at risk for mishandling public funds.”

He added, “No matter an organization’s size, proper oversight is always needed to safeguard the citizens’ tax dollars.”

<figure>
 <img src="https://media.eaglewebservices.com/public/2024/6/1719502467044.jpeg" alt="The Niobrara National Scenic River. (Courtesy of NPS)" />
 <figcaption>The Niobrara National Scenic River. (Courtesy of NPS)</figcaption>
 </figure>Cindy Gonzalez<a href="https://nebraskaexaminer.com/2024/06/26/ne-auditor-alleges-mishandling-of-public-funds-by-nonprofit-helping-to-manage-niobrara-scenic-river/">Nebraska Examiner</a>LINCOLN — Nebraska’s state auditor has questioned the handling of public funds by a small nonprofit that helps manage the Niobrara Scenic River corridor.Among eyebrow-raising items described Wednesday by Auditor Mike Foley is nearly $40,000 in unused leave pay that went to a top executive who had a purported two-decade-long perfect attendance streak.According to an audit of the Valentine-based Niobrara Council, executive director Kalli Kieborz had not recorded the use of a single day of sick or vacation leave during a 21-year period. As compensation for that unused leave, over time she reportedly received nearly $40,000.Foley, however, noted Facebook posts from earlier this year that he said depicted Kieborz&nbsp; ice-fishing at Valentine Refuge Lake during what appeared to be normal business hours.&nbsp;Said Foley: “Even a baseball hall of fame great like Baltimore Orioles shortstop Cal Ripkin, Jr., known as the ‘Iron Man,’ could compile a record of only 17 years without missing a game — and he rested during the off-season!”The audit team said it received citizen complaints that the Niobrara Council office had been closed without explanation during working hours —&nbsp;”allegations that, if true, cast further doubt upon the already dubious proposition that the executive director managed incredibly to eschew any type of work leave for more than 21 years.”<h2>Improper bonuses</h2>The audit and a related media release laid out other alleged misuse of funds by the nonprofit, along with recommendations on tightening procedures.&nbsp;Created by the Nebraska Legislature in 1998, the 16-member Niobrara Council is charged with managing and protecting the Niobrara corridor in conjunction with the National Park Service. Made up of various county commissioners and natural resources experts, the council gets administrative and accounting support from the Nebraska Game and Parks Commission.The council has only two paid employees, the audit team said: the executive director and the education manager.Combined, the pair reportedly received more than $7,500 last year in what the auditing team described as improper bonuses. Paid with state and federal funds, the bonuses reportedly violated federal regulations and were questionable under state law prohibiting gratuitous payments when no extra work has been performed.Among other findings in the<a href="https://auditors.nebraska.gov/APA_Reports/2024/OE992607-06262024-January_1_2023_Through_December_31_2023_Attestation_Report.pdf" target="_blank">&nbsp;23-page audit report</a>, which focused on 2023:<ul>
 <li>A $500 payment made to the executive director’s sister last year for conducting eight river user counts fell short of required bidding procedures and created the appearance of a conflict of interest.&nbsp;</li><li>The council since 2016 reportedly failed to submit timely annual reports to the Legislature, as required by state law. Auditors said some tardy annual reports were filed between one and three years later without explanation.</li><li>The executive director was overpaid reportedly more than $1,800 for health insurance reimbursements that lacked support documentation or for which she was not entitled.</li><li>The executive director was an elected member of the Valentine City Council, despite a contract that barred her from “any other gainful employment” without documented council authorization. According to the auditors, Kieborz’s contract requires that she “devote her entire time and energy to the furtherance of the business” of the Niobrara Council. She reportedly did not get appropriate permission to serve the past dozen years as a Valentine council member, a position that currently pays $2,400 a year.</li>
 </ul><h2>Council pledges ‘closer examination’ of findings&nbsp;</h2>A reporter’s calls to the Niobrara Council and its representatives were not immediately answered Wednesday.The Niobrara Council did include a general and brief written response in the audit report.It said that the council decided by consensus that each item in the report will receive closer examination by council committees that have expertise in the respective area.The council said it hopes to have solutions and recommended action after its August public board meeting.“Although we are not providing line item comments to the report at this time, we would like it noted that we take the comments and recommendations very seriously and that is the reason the committees have been assigned,” the council wrote.Foley said the situation illustrates that “large and small entities alike are at risk for mishandling public funds.”He added, “No matter an organization’s size, proper oversight is always needed to safeguard the citizens’ tax dollars.”

NE auditor alleges mishandling of public funds by nonprofit helping to manage Niobrara Scenic River

A new paper out earlier this spring from a national team of researchers has suggested an explanation for recently discovered Fetal Fentanyl Syndrome.

This newly discovered syndrome, first reported in 2023 by Karen Gripp, MD, a geneticist at Nemours Children’s Health and professor of pediatrics at Thomas Jefferson University, and her collaborators, causes distinctive physical birth defects, including cleft palate, distinctive facial features, and unusually small heads. While these physical findings resemble those seen in a metabolic disease of genetic origin, Smith-Lemli-Opitz syndrome (SLOS), these patients did not have a metabolic disease. Rather, this novel syndrome is related to non-prescription fentanyl use by mothers during early and mid-pregnancy. This novel syndrome was termed fetal fentanyl syndrome (FFS).

The syndrome caught the eyes of Karoly Mirnics, MD, PhD, director of the University of Nebraska Medical Center Munroe-Meyer Institute, and Zeljka Korade, DVM, PhD, professor of pediatrics at UNMC, because it closely resembled the features of Smith-Lemli-Opitz syndrome (SLOS), a developmental disability arising from disruption of the body’s ability to synthesize cholesterol.

The Korade and Mirnics laboratories, which have been studying the developmental role of cholesterol for about two decades, proposed that the mechanism by which SLOS and FFS arise might be related. Barely six months later, with a new study recently published in Molecular Psychiatry, a team led by Drs. Mirnics, Korade, Gripp and Ned Porter, PhD, a research professor in the Vanderbilt Department of Chemistry and Institute of Chemical Biology, may have explained how this novel syndrome arises.

The key? The new study found that the cause of FFS may be fentanyl’s disruption of the baby’s ability to make cholesterol, related to fentanyl exposure in the womb.

“Cholesterol is essential for development,” Dr. Mirnics said. “Without cholesterol, you cannot survive. If you have impaired cholesterol production, the developing brain and body are impacted.”

“Fentanyl not only impairs the synthesis of cholesterol, but it also leads to the build-up of the same highly toxic sterols in cells that are found in SLOS patients,” Dr. Porter said. “It seems likely that the presence of these toxic compounds during fetal development plays a large part in the syndrome.” The Porter Research Group at Vanderbilt has studied these toxic compounds in collaboration with the UNMC researchers for over a decade.

Dr. Gripp said the new work was an important next step following the initial identification of FFS.

“We thought that the fentanyl was the likely reason for this new syndrome,” she said. “But we could not prove this beyond reporting what we saw. This second paper is so important, because in an in vitro assay, they show that indeed fentanyl can have effects that would result in the findings we see.”

In the recent study, researchers used multiple cell models to test whether fentanyl could be interfering with the body’s ability to make cholesterol, potentially leading to FFS. They exposed different types of mouse and human cells to fentanyl. The result: the fentanyl exposure disrupted multiple steps in the cholesterol-making process. But the results also posed another question. Why don’t all children of mothers using non-prescription fentanyl end up with FFS?

The researchers found in this study that cells with one mutated copy of the gene that causes Smith-Lemli-Opitz are increasingly susceptible to adverse effects of fentanyl. That leads to about 3% of the population, Dr. Mirnics said.

“Not everyone is equally susceptible,” Dr. Mirnics said. “The potentially adverse effects of any medication or chemical compound might depend on your genes, lifestyle and environmental factors. One drug might not cause problems for me and might be catastrophic for you.”

“The effects of fentanyl may also be exacerbated by some prescription medications if taken at the same time during a pregnancy,” Dr. Porter said. “It’s been a surprise to find so many highly prescribed medications that cause the same biochemical effect as does fentanyl. Fentanyl exposure while taking one or more of these prescription medications will likely compound the effect of fentanyl alone.”&nbsp;

Dr. Gripp was pleased to work with the UNMC team.

“The Korade lab has been working on the cholesterol metabolism, which is affected in Smith-Lemli-Opitz syndrome, so they had been involved in similar work,” Dr. Gripp said, adding that her team had cited work from the Korade and Mirnics labs in the 2023 paper. “They were able to use their experience, their assays and show that fentanyl did indeed have the effect we anticipated, in the sense that it affects cholesterol metabolism.”

The researchers stressed that fentanyl is safe when prescribed and used appropriately, and that&nbsp;further validation studies are needed in pregnant mouse models and human patients. These studies are ongoing and are a focus of a new grant application to the National Institutes of Health.

The new study is a “remarkable” example of addressing a health crisis by combining strong basic science and genetics with a broader understanding of factors that can disrupt the developing brain, said Pat Levitt, PhD, chief scientific officer and vice president and director of the Saban Research Institute, who was not affiliated with the study.&nbsp;

“That they have made the connection between a neurodevelopmental disorder in which cholesterol production is key with that occurring due to prenatal fentanyl exposure, but only in those individuals that have genetic risk, is even more remarkable given the pace at which they made these new discoveries,” Dr. Levitt said.

<figure>
 <img src="https://media.eaglewebservices.com/public/2024/6/1719494880806.jpeg" alt="Karoly Mirnics, MD, PhD, director of the UNMC Munroe-Meyer Institute" />
 <figcaption>Karoly Mirnics, MD, PhD, director of the UNMC Munroe-Meyer Institute</figcaption>
 </figure>UNMCA new paper out earlier this spring from a national team of researchers has suggested an explanation for recently discovered Fetal Fentanyl Syndrome.This newly discovered syndrome, first reported in 2023 by Karen Gripp, MD, a geneticist at Nemours Children’s Health and professor of pediatrics at Thomas Jefferson University, and her collaborators, causes distinctive physical birth defects, including cleft palate, distinctive facial features, and unusually small heads. While these physical findings resemble those seen in a metabolic disease of genetic origin, Smith-Lemli-Opitz syndrome (SLOS), these patients did not have a metabolic disease. Rather, this novel syndrome is related to non-prescription fentanyl use by mothers during early and mid-pregnancy. This novel syndrome was termed fetal fentanyl syndrome (FFS).The syndrome caught the eyes of Karoly Mirnics, MD, PhD, director of the University of Nebraska Medical Center Munroe-Meyer Institute, and Zeljka Korade, DVM, PhD, professor of pediatrics at UNMC, because it closely resembled the features of Smith-Lemli-Opitz syndrome (SLOS), a developmental disability arising from disruption of the body’s ability to synthesize cholesterol.The Korade and Mirnics laboratories, which have been studying the developmental role of cholesterol for about two decades, proposed that the mechanism by which SLOS and FFS arise might be related. Barely six months later, with a new study recently published in Molecular Psychiatry, a team led by Drs. Mirnics, Korade, Gripp and Ned Porter, PhD, a research professor in the Vanderbilt Department of Chemistry and Institute of Chemical Biology, may have explained how this novel syndrome arises.The key? The new study found that the cause of FFS may be fentanyl’s disruption of the baby’s ability to make cholesterol, related to fentanyl exposure in the womb.“Cholesterol is essential for development,” Dr. Mirnics said. “Without cholesterol, you cannot survive. If you have impaired cholesterol production, the developing brain and body are impacted.”“Fentanyl not only impairs the synthesis of cholesterol, but it also leads to the build-up of the same highly toxic sterols in cells that are found in SLOS patients,” Dr. Porter said. “It seems likely that the presence of these toxic compounds during fetal development plays a large part in the syndrome.” The Porter Research Group at Vanderbilt has studied these toxic compounds in collaboration with the UNMC researchers for over a decade.Dr. Gripp said the new work was an important next step following the initial identification of FFS.“We thought that the fentanyl was the likely reason for this new syndrome,” she said. “But we could not prove this beyond reporting what we saw. This second paper is so important, because in an in vitro assay, they show that indeed fentanyl can have effects that would result in the findings we see.”In the recent study, researchers used multiple cell models to test whether fentanyl could be interfering with the body’s ability to make cholesterol, potentially leading to FFS. They exposed different types of mouse and human cells to fentanyl. The result: the fentanyl exposure disrupted multiple steps in the cholesterol-making process. But the results also posed another question. Why don’t all children of mothers using non-prescription fentanyl end up with FFS?The researchers found in this study that cells with one mutated copy of the gene that causes Smith-Lemli-Opitz are increasingly susceptible to adverse effects of fentanyl. That leads to about 3% of the population, Dr. Mirnics said.“Not everyone is equally susceptible,” Dr. Mirnics said. “The potentially adverse effects of any medication or chemical compound might depend on your genes, lifestyle and environmental factors. One drug might not cause problems for me and might be catastrophic for you.”“The effects of fentanyl may also be exacerbated by some prescription medications if taken at the same time during a pregnancy,” Dr. Porter said. “It’s been a surprise to find so many highly prescribed medications that cause the same biochemical effect as does fentanyl. Fentanyl exposure while taking one or more of these prescription medications will likely compound the effect of fentanyl alone.”&nbsp;Dr. Gripp was pleased to work with the UNMC team.“The Korade lab has been working on the cholesterol metabolism, which is affected in Smith-Lemli-Opitz syndrome, so they had been involved in similar work,” Dr. Gripp said, adding that her team had cited work from the Korade and Mirnics labs in the 2023 paper. “They were able to use their experience, their assays and show that fentanyl did indeed have the effect we anticipated, in the sense that it affects cholesterol metabolism.”The researchers stressed that fentanyl is safe when prescribed and used appropriately, and that&nbsp;further validation studies are needed in pregnant mouse models and human patients. These studies are ongoing and are a focus of a new grant application to the National Institutes of Health.The new study is a “remarkable” example of addressing a health crisis by combining strong basic science and genetics with a broader understanding of factors that can disrupt the developing brain, said Pat Levitt, PhD, chief scientific officer and vice president and director of the Saban Research Institute, who was not affiliated with the study.&nbsp;“That they have made the connection between a neurodevelopmental disorder in which cholesterol production is key with that occurring due to prenatal fentanyl exposure, but only in those individuals that have genetic risk, is even more remarkable given the pace at which they made these new discoveries,” Dr. Levitt said.

New study points to cause of Fetal Fentanyl Syndrome

A warning to boaters operating impaired during the Fourth of July weekend: Nebraska conservation officers will be watching.

Operation Dry Water, a national heightened awareness and enforcement campaign focused on reducing the number of alcohol- and drug-related incidents and deaths, is July 4-6.

For those days, Nebraska Game and Parks conservation officers will have an enhanced presence on waters across the state, targeting impaired boat operators. Their goal will be to raise awareness and to foster a stronger, more visible deterrent to alcohol and drug use on the water through enforcement.

Fourth of July is a holiday known for increased boaters on the water where alcohol use is prevalent and a higher number of boating incidents and fatalities, according to Operate Dry Water.

“A bad decision to drink while operating a boat can change a life – or several. That’s why we’re trying to keep the waters as safe as possible so families can enjoy the holiday,” said Jeff Clauson, Game and Parks’ law enforcement administrator. “Enjoy the water with family and friends safely – and responsibly.”

Alcohol use is the leading known contributing factor to fatal boating incidents. Just like on land, alcohol use impairs judgment, balance, vision, reaction time and can increase fatigue. Sun, wind, noise, and motion — stressors coming during boating — also intensify the side effects of alcohol and drugs.

Alcohol use is the leading known contributing factor in fatal boating incidents. Where the primary cause was known, it was listed as the leading factor in 16% of deaths according to U.S. Coast Guard Recreational Boating Statistics 2021.

Since the inception of Operation Dry Water in 2009, law enforcement officers have removed 6,869 BUI operators from the nation’s waterways and contacted more than 2.8 million boaters during the annual three-day weekend.

In Nebraska, it is unlawful to operate a motorboat with a blood alcohol level content of .08 % or greater. Doing so constitutes BUI, which carries penalties such as vessel impoundment, fines, jail time and loss of boating privileges.

In 2023, 488 local, state, and federal agencies participated in Operation Dry Water. Over the three-day weekend, officers contacted 302,146 boaters, made 717 BUI arrests, and issued 42,822 citations and warnings for safety violations.

Operation Dry Water is a joint program of Game and Parks, the National Association of State Boating Law Administrators, and the U.S. Coast Guard. Find more information on the national effort at&nbsp;<a href="https://links-1.govdelivery.com/CL0/https:%2F%2Fwww.nasbla.org%2Foperationdrywater%2Fhome%3Futm_medium=email%26utm_source=govdelivery/1/0100019059ca1d17-8eca1bd8-34d4-48b5-bebe-caa07b6e29cf-000000/uAmPiSMonvSH5q30SBfglIIn8L-OCHeM-pxGEWscaZI=359">OperationDryWater.org</a>.

In addition to recreating responsibly, Game and Parks offers these boat safety reminders:

For more information on boating rules and requirements, read the 2024 Boating Guide at&nbsp;<a href="https://links-1.govdelivery.com/CL0/https:%2F%2Foutdoornebraska.gov%2Fguides-maps%2F%3Futm_medium=email%26utm_source=govdelivery/1/0100019059ca1d17-8eca1bd8-34d4-48b5-bebe-caa07b6e29cf-000000/nr5QXnjVcRpLHPvtmXAVvaqq5CB98mKMikJDuq-7KYU=359">OutdoorNebraska.gov/guides-maps</a>.

A warning to boaters operating impaired during the Fourth of July weekend: Nebraska conservation officers will be watching.Operation Dry Water, a national heightened awareness and enforcement campaign focused on reducing the number of alcohol- and drug-related incidents and deaths, is July 4-6.For those days, Nebraska Game and Parks conservation officers will have an enhanced presence on waters across the state, targeting impaired boat operators. Their goal will be to raise awareness and to foster a stronger, more visible deterrent to alcohol and drug use on the water through enforcement.Fourth of July is a holiday known for increased boaters on the water where alcohol use is prevalent and a higher number of boating incidents and fatalities, according to Operate Dry Water.“A bad decision to drink while operating a boat can change a life – or several. That’s why we’re trying to keep the waters as safe as possible so families can enjoy the holiday,” said Jeff Clauson, Game and Parks’ law enforcement administrator. “Enjoy the water with family and friends safely – and responsibly.”Alcohol use is the leading known contributing factor to fatal boating incidents. Just like on land, alcohol use impairs judgment, balance, vision, reaction time and can increase fatigue. Sun, wind, noise, and motion — stressors coming during boating — also intensify the side effects of alcohol and drugs.Alcohol use is the leading known contributing factor in fatal boating incidents. Where the primary cause was known, it was listed as the leading factor in 16% of deaths according to U.S. Coast Guard Recreational Boating Statistics 2021.Since the inception of Operation Dry Water in 2009, law enforcement officers have removed 6,869 BUI operators from the nation’s waterways and contacted more than 2.8 million boaters during the annual three-day weekend.In Nebraska, it is unlawful to operate a motorboat with a blood alcohol level content of .08 % or greater. Doing so constitutes BUI, which carries penalties such as vessel impoundment, fines, jail time and loss of boating privileges.In 2023, 488 local, state, and federal agencies participated in Operation Dry Water. Over the three-day weekend, officers contacted 302,146 boaters, made 717 BUI arrests, and issued 42,822 citations and warnings for safety violations.Operation Dry Water is a joint program of Game and Parks, the National Association of State Boating Law Administrators, and the U.S. Coast Guard. Find more information on the national effort at&nbsp;<a href="https://links-1.govdelivery.com/CL0/https:%2F%2Fwww.nasbla.org%2Foperationdrywater%2Fhome%3Futm_medium=email%26utm_source=govdelivery/1/0100019059ca1d17-8eca1bd8-34d4-48b5-bebe-caa07b6e29cf-000000/uAmPiSMonvSH5q30SBfglIIn8L-OCHeM-pxGEWscaZI=359">OperationDryWater.org</a>.<h2>Other boat safety reminders</h2>In addition to recreating responsibly, Game and Parks offers these boat safety reminders:<ul>
 <li>Have all required boating safety equipment on your vessel, including life jackets or U.S. Coast Guard-approved floatation devices, lights, a fire extinguisher, horn, bailing bucket and an orange flag if pulling skiers and tubers.</li><li>Children aged 12 and younger and anyone riding or operating a personal watercraft or being pulled on a towable must wear a U.S. Coast Guard-approved life jacket.</li><li>Anyone operating a motorboat or personal watercraft must be at least 14 years old.</li><li>Anyone born after Dec. 31, 1985, must complete a boater safety course, which can be taken at&nbsp;<a href="https://links-1.govdelivery.com/CL0/https:%2F%2Foutdoornebraska.gov%2F%3Futm_medium=email%26utm_source=govdelivery/1/0100019059ca1d17-8eca1bd8-34d4-48b5-bebe-caa07b6e29cf-000000/3l74K5kpfKOJrO5FxgxowvqKJ4AlNbia63zKe_yii1E=359">OutdoorNebraska.gov</a>, search for “boater education.”</li>
 </ul>For more information on boating rules and requirements, read the 2024 Boating Guide at&nbsp;<a href="https://links-1.govdelivery.com/CL0/https:%2F%2Foutdoornebraska.gov%2Fguides-maps%2F%3Futm_medium=email%26utm_source=govdelivery/1/0100019059ca1d17-8eca1bd8-34d4-48b5-bebe-caa07b6e29cf-000000/nr5QXnjVcRpLHPvtmXAVvaqq5CB98mKMikJDuq-7KYU=359">OutdoorNebraska.gov/guides-maps</a>.

Officers to have enhanced presence for BUI enforcement on Fourth of July

BY:&nbsp;<a href="https://missouriindependent.com/author/kelciemoseleymorris/">KELCIE MOSELEY-MORRIS</a>&nbsp;

As expected after the court said it inadvertently uploaded the opinion prematurely&nbsp;<a href="https://www.newsfromthestates.com/article/document-indicates-supreme-court-will-punt-idaho-emergency-abortion-case-now" target="_blank">on Wednesday</a>, the U.S. Supreme Court&nbsp;<a href="https://www.supremecourt.gov/opinions/23pdf/23-726_6jgm.pdf" target="_blank">issued a decision</a>&nbsp;Thursday remanding a case about emergency abortions in Idaho back to the Ninth Circuit Court of Appeals for now.

The decision was 6-3, with conservative Justices Samuel Alito, Neil Gorsuch and Clarence Thomas dissenting. It was issued “per curiam,” meaning there is no lead author of the overall opinion.

The justices affirming the decision wrote that they determined the court took the case too early in the process. It granted the request to hear the case in January before the Ninth Circuit Court of Appeals could hold its own hearing on an injunction that blocked enforcement of the law against emergency room physicians who might need to perform an abortion to prevent a pregnant patient from experiencing significant health effects from infection or other conditions.

The government argued Idaho could not enforce its criminal abortion ban in emergency rooms because it would violate a federal law known as the Emergency Medical Treatment and Labor Act, or EMTALA, which requires Medicare-funded hospitals to treat patients who come to an emergency room regardless of their ability to pay.

When justices agreed to hear the case, the court also dropped the injunction, leaving doctors in Idaho open to prosecution under its criminal abortion ban, which carries penalties of jail time, fines and the loss of a medical license. Idaho’s civil law also allows immediate and extended family members to sue the doctors for up to $20,000 over an abortion procedure.

Idaho’s ban contains only an exception to save the pregnant patient’s life, not to prevent detrimental health outcomes, including the loss of future fertility, which is a risk with severe infection or bleeding. Without further clarity written into the law, doctors have said they can’t confidently assess when to safely intervene to save someone’s life.

Rather than take the chance, high-risk obstetric specialists have airlifted patients to a facility out of state that can freely perform the procedure before it’s too late. In 2023, the state’s largest hospital system said at their facilities such transfers happened once, but occurred six times between January and April, when the injunction was lifted.

Justice Amy Coney Barrett, who is typically conservative in her rulings, said the court’s decisions to hear the case and drop the injunction were premised on the belief that Idaho would suffer “irreparable harm” under the injunction and that the cases were ready for the court’s immediate determination.

She wrote that the briefings and&nbsp;<a href="https://www.newsfromthestates.com/article/supreme-court-justices-appear-split-over-whether-protect-abortion-care-during-emergencies" target="_blank">oral argument in April</a>&nbsp;shed more light on the case, and made it clear that conscience objections were covered under EMTALA and other concerns about an interpretation that would include emergency mental health concerns did not apply.

“I am now convinced that these cases are no longer appropriate for early resolution,” Barrett wrote.

Dr. Caitlin Gustafson, president of a group of Idaho physicians who have spoken out against the ban and submitted a brief to the court in the case, said the decision is not the end of her coalition’s work.

“We are relieved by the Supreme Court’s decision,” Gustafson said. “However, this ruling addresses only a small part of the ever-increasing barriers across the health care landscape. The coalition remains committed to advocating for comprehensive policy updates to fill the gaps in healthcare access created by Idaho’s restrictive laws, which jeopardize patient safety. We will not relent until private healthcare decisions are once again at the discretion of patients and their physicians, free from political interference.”

Ahead of the decision,&nbsp;<a href="https://www.newsfromthestates.com/article/doctors-urge-us-supreme-court-include-abortion-stabilizing-care-under-federal-law" target="_blank">more than 6,000 doctors</a>&nbsp;from around the country also appealed to the court to protect ER physicians, along with medical professionals in Idaho and advocacy organizations.

The case now returns to the Ninth Circuit to resume the process, but it could ultimately return to the Supreme Court at a later date.

<figure>
 <img src="https://media.eaglewebservices.com/public/2024/6/1719501733752.png" alt=" A protester at a Planned Parenthood Great Northwest rally in Boise, Idaho, holds up a sign about the EMTALA case on April 21, 2024 (Otto Kitsinger/Idaho Capital Sun)." />
 <figcaption> A protester at a Planned Parenthood Great Northwest rally in Boise, Idaho, holds up a sign about the EMTALA case on April 21, 2024 (Otto Kitsinger/Idaho Capital Sun).</figcaption>
 </figure>BY:&nbsp;<a href="https://missouriindependent.com/author/kelciemoseleymorris/">KELCIE MOSELEY-MORRIS</a>&nbsp;As expected after the court said it inadvertently uploaded the opinion prematurely&nbsp;<a href="https://www.newsfromthestates.com/article/document-indicates-supreme-court-will-punt-idaho-emergency-abortion-case-now" target="_blank">on Wednesday</a>, the U.S. Supreme Court&nbsp;<a href="https://www.supremecourt.gov/opinions/23pdf/23-726_6jgm.pdf" target="_blank">issued a decision</a>&nbsp;Thursday remanding a case about emergency abortions in Idaho back to the Ninth Circuit Court of Appeals for now.The decision was 6-3, with conservative Justices Samuel Alito, Neil Gorsuch and Clarence Thomas dissenting. It was issued “per curiam,” meaning there is no lead author of the overall opinion.The justices affirming the decision wrote that they determined the court took the case too early in the process. It granted the request to hear the case in January before the Ninth Circuit Court of Appeals could hold its own hearing on an injunction that blocked enforcement of the law against emergency room physicians who might need to perform an abortion to prevent a pregnant patient from experiencing significant health effects from infection or other conditions.The government argued Idaho could not enforce its criminal abortion ban in emergency rooms because it would violate a federal law known as the Emergency Medical Treatment and Labor Act, or EMTALA, which requires Medicare-funded hospitals to treat patients who come to an emergency room regardless of their ability to pay.When justices agreed to hear the case, the court also dropped the injunction, leaving doctors in Idaho open to prosecution under its criminal abortion ban, which carries penalties of jail time, fines and the loss of a medical license. Idaho’s civil law also allows immediate and extended family members to sue the doctors for up to $20,000 over an abortion procedure.Idaho’s ban contains only an exception to save the pregnant patient’s life, not to prevent detrimental health outcomes, including the loss of future fertility, which is a risk with severe infection or bleeding. Without further clarity written into the law, doctors have said they can’t confidently assess when to safely intervene to save someone’s life.Rather than take the chance, high-risk obstetric specialists have airlifted patients to a facility out of state that can freely perform the procedure before it’s too late. In 2023, the state’s largest hospital system said at their facilities such transfers happened once, but occurred six times between January and April, when the injunction was lifted.Justice Amy Coney Barrett, who is typically conservative in her rulings, said the court’s decisions to hear the case and drop the injunction were premised on the belief that Idaho would suffer “irreparable harm” under the injunction and that the cases were ready for the court’s immediate determination.She wrote that the briefings and&nbsp;<a href="https://www.newsfromthestates.com/article/supreme-court-justices-appear-split-over-whether-protect-abortion-care-during-emergencies" target="_blank">oral argument in April</a>&nbsp;shed more light on the case, and made it clear that conscience objections were covered under EMTALA and other concerns about an interpretation that would include emergency mental health concerns did not apply.“I am now convinced that these cases are no longer appropriate for early resolution,” Barrett wrote.Dr. Caitlin Gustafson, president of a group of Idaho physicians who have spoken out against the ban and submitted a brief to the court in the case, said the decision is not the end of her coalition’s work.“We are relieved by the Supreme Court’s decision,” Gustafson said. “However, this ruling addresses only a small part of the ever-increasing barriers across the health care landscape. The coalition remains committed to advocating for comprehensive policy updates to fill the gaps in healthcare access created by Idaho’s restrictive laws, which jeopardize patient safety. We will not relent until private healthcare decisions are once again at the discretion of patients and their physicians, free from political interference.”Ahead of the decision,&nbsp;<a href="https://www.newsfromthestates.com/article/doctors-urge-us-supreme-court-include-abortion-stabilizing-care-under-federal-law" target="_blank">more than 6,000 doctors</a>&nbsp;from around the country also appealed to the court to protect ER physicians, along with medical professionals in Idaho and advocacy organizations.The case now returns to the Ninth Circuit to resume the process, but it could ultimately return to the Supreme Court at a later date.

U.S. Supreme Court sends Idaho abortion case back down to lower courts

BY:&nbsp;<a href="https://kansasreflector.com/author/jacob-fischler/">JACOB FISCHLER</a>&nbsp;&nbsp;<a href="https://kansasreflector.com/2023/09/21/kansas-board-of-regents-sculpts-plan-for-boosting-state-aid-to-public-higher-education/?emci=78717300-c858-ee11-9937-00224832eb73&amp;emdi=fc107f78-2659-ee11-9937-00224832eb73&amp;ceid=115039">Kansas Reflector</a>

President Joe Biden and former President Donald Trump will get a crucial opportunity to reach undecided voters and set the terms for the 2024 presidential campaign at Thursday night’s debate in Atlanta.

Partisans on either side have already made up their minds about which candidate they’ll support. And with this year’s race serving as a rematch of 2020, many Americans have already formed strong and possibly unchangeable opinions about the candidates.

Yet there is a sizable group of voters who haven’t decided who they’ll support in November, Christopher Stout, a professor of political science at Oregon State University, said in an interview with States Newsroom.

“On one hand, opinions about Joe Biden and Donald Trump are baked in,” Stout said. “On the other hand, there’s a lot of people who aren’t paying any attention to politics and this is their first time thinking about the 2024 election.”

For Biden, a major objective will be to show voters the 81-year-old incumbent can be energetic and forceful, Stout and political strategists said.

Trump, 78, may focus on appealing to voters in the ideological middle and wavering Republicans who want a conservative candidate but are turned off by the former president’s antics.

On policy, each candidate has issues they will capitalize on as strengths. Trump will probably press Biden on immigration and inflation, while Biden undoubtedly will be eager to criticize Trump on reproductive rights.

The debate, sponsored by CNN, will be moderated by the network’s Jake Tapper and Dana Bash and begin at 9 p.m. Eastern, with no studio audience. It is set to last for 90 minutes and will air live on CNN with simulcast available for other cable and broadcast networks.

Each candidate’s microphone will be muted while the other is speaking. No props are allowed but each man will be given a pen, pad and bottle of water,&nbsp;<a href="https://www.cnn.com/2024/06/25/politics/how-to-watch-cnn-debate/index.html" target="_blank">CNN said.</a>

Trump could gain ground with moderate and independent voters by appearing steady.

After winning the presidency in 2016, Trump lost to Biden in 2020 amid a sense that Republican-leaning voters were weary of his unorthodox style and tendency to create scandal.

“If he’s boring and he looks like a typical politician, that’s going to be a big plus for him,” Stout said. “If he looks like a typical politician and he seems more moderate, then there’s the opportunity to bring back a set of voters who were once Republican who have now left the party.”

At the same time, there’s likely not too much down side for Trump if he does go off-script, as voters have come to expect outlandish comments and behavior, Republican strategist Doug Heye said.

“Donald Trump is gonna say something crazy,” Heye said. “That is all factored in and that’s not changing anybody’s mind.”

Heye cited recent remarks Trump has made about shark attacks, electrocution from oversized batteries and taking his shirt off to reveal psychic wounds inflicted by political opponents.

In a move reminiscent of his reality-show past, Trump has teased a possible announcement of&nbsp;<a href="https://www.newsfromthestates.com/article/calm-conservative-confident-what-gop-senators-want-trumps-vice-presidential-pick" target="_blank">his vice presidential pick</a>&nbsp;at the debate.

But even if voters expect some degree of eccentricity from Trump, that will not help him win over the undecided voters who will decide the election, said Rodell Mollineau, a co-founder and partner at the Washington-based strategy firm ROKK Solutions and a veteran of Democratic campaigns.

“If you’re actually trying to reach voters, I’m not sure how Trump ranting and raving, talking about delusional conspiracy theories, helps him win independent voters,” Mollineau said.

Trump will face an additional unique challenge if he tries to look like a traditional presidential candidate: his&nbsp;<a href="https://www.newsfromthestates.com/article/trump-found-guilty-34-felony-counts-ny-hush-money-trial-10" target="_blank">34 felony convictions</a>&nbsp;in New York last month and the three other felony prosecutions against him pending, including two related to his efforts to overturn his loss in the 2020 election that led to the Jan. 6, 2021, insurrection.

“I’m watching to see how he talks about or doesn’t talk about his many court dalliances and the conviction and whatever else he has hanging over his head,” Mollineau said.

Biden faces different questions he must answer.

Voters have doubts about the incumbent’s ability, due in part to his age, inclination for misspeaking and a concerted effort by Republicans and GOP-aligned media to portray Biden as past his prime.

“I think Biden in part is going to be trying to overcome the image that Trump and Republicans in general have been very successful in creating,” University of Georgia political science professor Charles Bullock said.&nbsp; “They’ve been working on this now for at least five years, and that is the image of Biden being too old, being not up to it physically or mentally to continue to serve as president for another four years.”

Biden countered that narrative — at least temporarily — with an exuberant performance at&nbsp;<a href="https://www.newsfromthestates.com/article/biden-warns-freedom-and-democracy-are-under-attack-fierce-state-union-address" target="_blank">the State of the Union address</a>&nbsp;this year, several observers said.

Matching that energy will help him have a positive debate, they said.

But Heye noted that despite rave reviews from Democrats, the president’s State of the Union performance did not improve his standing in polls.

“The reaction from Democrats was: game changer,” Heye said. “And if we look at the polling, the game didn’t change at all.”

Biden would also benefit by reminding voters of his policy record, and contrasting it with Trump’s, Stout and Mollineau said.

“It will advantage him if he can talk about policy,” Stout said. “People don’t know the things he has done and so there’s hope maybe to inform people and sway the electorate.”

Biden should target left-leaning voters by reminding them of his achievements on climate and the environment and his administration’s efforts to create jobs, Stout said.

Mollineau added that Biden must remind voters of Trump’s tumultuous time in office and Biden’s achievements thus far, while balancing that message with an acknowledgment that many Americans are unsatisfied.

The debate, which will be broadcast from CNN’s Georgia headquarters, comes much earlier in the election cycle than usual, even before the party conventions that typically symbolize the start of the general election.

The candidates agreed to the unusual schedule after rejecting a proposal from the Commission on Presidential Debates, a nonpartisan organization that has organized the events for decades, typically with three meetings between presidential candidates and one between would-be vice presidents.

This year’s June schedule could give the candidates a chance to frame the race moving forward, as many voters will be tuning in to the contest for the first time.

But the nearly 19 weeks remaining until Election Day could also mean a candidate with a weak performance has time to recover, or that a strong performance could diminish.

“I do not believe anyone is going to either win or lose the election this week,” Mollineau said.

Bullock, the Georgia professor, differed.

Because of the unpopularity of both candidates, and the sense that voters will be choosing the one they view as “the least of two evils,” either could provide a voter’s “final straw,” he said.

“They may hear something coming out of the mouths of one of these and say, ‘Yeah, that’s it,’” Bullock said. “‘That’s the final straw. I can’t support that one. It helps me make up my mind to go with the other person.’”

Ross Williams contributed to this report.

<figure>
 <img src="https://media.eaglewebservices.com/public/2024/6/1719402433185.png" alt="The McCamish Pavilion at Georgia Tech in Atlanta on Tuesday, June 25, 2024. It is the site of the press center for media covering the CNN debate between President Joe Biden and former President Donald Trump on Thursday (Ross Williams/Georgia Recorder)." />
 <figcaption>The McCamish Pavilion at Georgia Tech in Atlanta on Tuesday, June 25, 2024. It is the site of the press center for media covering the CNN debate between President Joe Biden and former President Donald Trump on Thursday (Ross Williams/Georgia Recorder).</figcaption>
 </figure>BY:&nbsp;<a href="https://kansasreflector.com/author/jacob-fischler/">JACOB FISCHLER</a>&nbsp;&nbsp;<a href="https://kansasreflector.com/2023/09/21/kansas-board-of-regents-sculpts-plan-for-boosting-state-aid-to-public-higher-education/?emci=78717300-c858-ee11-9937-00224832eb73&amp;emdi=fc107f78-2659-ee11-9937-00224832eb73&amp;ceid=115039">Kansas Reflector</a>President Joe Biden and former President Donald Trump will get a crucial opportunity to reach undecided voters and set the terms for the 2024 presidential campaign at Thursday night’s debate in Atlanta.Partisans on either side have already made up their minds about which candidate they’ll support. And with this year’s race serving as a rematch of 2020, many Americans have already formed strong and possibly unchangeable opinions about the candidates.Yet there is a sizable group of voters who haven’t decided who they’ll support in November, Christopher Stout, a professor of political science at Oregon State University, said in an interview with States Newsroom.“On one hand, opinions about Joe Biden and Donald Trump are baked in,” Stout said. “On the other hand, there’s a lot of people who aren’t paying any attention to politics and this is their first time thinking about the 2024 election.”For Biden, a major objective will be to show voters the 81-year-old incumbent can be energetic and forceful, Stout and political strategists said.Trump, 78, may focus on appealing to voters in the ideological middle and wavering Republicans who want a conservative candidate but are turned off by the former president’s antics.On policy, each candidate has issues they will capitalize on as strengths. Trump will probably press Biden on immigration and inflation, while Biden undoubtedly will be eager to criticize Trump on reproductive rights.The debate, sponsored by CNN, will be moderated by the network’s Jake Tapper and Dana Bash and begin at 9 p.m. Eastern, with no studio audience. It is set to last for 90 minutes and will air live on CNN with simulcast available for other cable and broadcast networks.Each candidate’s microphone will be muted while the other is speaking. No props are allowed but each man will be given a pen, pad and bottle of water,&nbsp;<a href="https://www.cnn.com/2024/06/25/politics/how-to-watch-cnn-debate/index.html" target="_blank">CNN said.</a><h2>Can Trump be boring?</h2>Trump could gain ground with moderate and independent voters by appearing steady.After winning the presidency in 2016, Trump lost to Biden in 2020 amid a sense that Republican-leaning voters were weary of his unorthodox style and tendency to create scandal.“If he’s boring and he looks like a typical politician, that’s going to be a big plus for him,” Stout said. “If he looks like a typical politician and he seems more moderate, then there’s the opportunity to bring back a set of voters who were once Republican who have now left the party.”At the same time, there’s likely not too much down side for Trump if he does go off-script, as voters have come to expect outlandish comments and behavior, Republican strategist Doug Heye said.“Donald Trump is gonna say something crazy,” Heye said. “That is all factored in and that’s not changing anybody’s mind.”Heye cited recent remarks Trump has made about shark attacks, electrocution from oversized batteries and taking his shirt off to reveal psychic wounds inflicted by political opponents.In a move reminiscent of his reality-show past, Trump has teased a possible announcement of&nbsp;<a href="https://www.newsfromthestates.com/article/calm-conservative-confident-what-gop-senators-want-trumps-vice-presidential-pick" target="_blank">his vice presidential pick</a>&nbsp;at the debate.But even if voters expect some degree of eccentricity from Trump, that will not help him win over the undecided voters who will decide the election, said Rodell Mollineau, a co-founder and partner at the Washington-based strategy firm ROKK Solutions and a veteran of Democratic campaigns.“If you’re actually trying to reach voters, I’m not sure how Trump ranting and raving, talking about delusional conspiracy theories, helps him win independent voters,” Mollineau said.Trump will face an additional unique challenge if he tries to look like a traditional presidential candidate: his&nbsp;<a href="https://www.newsfromthestates.com/article/trump-found-guilty-34-felony-counts-ny-hush-money-trial-10" target="_blank">34 felony convictions</a>&nbsp;in New York last month and the three other felony prosecutions against him pending, including two related to his efforts to overturn his loss in the 2020 election that led to the Jan. 6, 2021, insurrection.“I’m watching to see how he talks about or doesn’t talk about his many court dalliances and the conviction and whatever else he has hanging over his head,” Mollineau said.<h2>Can Biden be forceful?</h2>Biden faces different questions he must answer.Voters have doubts about the incumbent’s ability, due in part to his age, inclination for misspeaking and a concerted effort by Republicans and GOP-aligned media to portray Biden as past his prime.“I think Biden in part is going to be trying to overcome the image that Trump and Republicans in general have been very successful in creating,” University of Georgia political science professor Charles Bullock said.&nbsp; “They’ve been working on this now for at least five years, and that is the image of Biden being too old, being not up to it physically or mentally to continue to serve as president for another four years.”Biden countered that narrative — at least temporarily — with an exuberant performance at&nbsp;<a href="https://www.newsfromthestates.com/article/biden-warns-freedom-and-democracy-are-under-attack-fierce-state-union-address" target="_blank">the State of the Union address</a>&nbsp;this year, several observers said.Matching that energy will help him have a positive debate, they said.But Heye noted that despite rave reviews from Democrats, the president’s State of the Union performance did not improve his standing in polls.“The reaction from Democrats was: game changer,” Heye said. “And if we look at the polling, the game didn’t change at all.”Biden would also benefit by reminding voters of his policy record, and contrasting it with Trump’s, Stout and Mollineau said.“It will advantage him if he can talk about policy,” Stout said. “People don’t know the things he has done and so there’s hope maybe to inform people and sway the electorate.”Biden should target left-leaning voters by reminding them of his achievements on climate and the environment and his administration’s efforts to create jobs, Stout said.Mollineau added that Biden must remind voters of Trump’s tumultuous time in office and Biden’s achievements thus far, while balancing that message with an acknowledgment that many Americans are unsatisfied.<h2>An early debate</h2>The debate, which will be broadcast from CNN’s Georgia headquarters, comes much earlier in the election cycle than usual, even before the party conventions that typically symbolize the start of the general election.The candidates agreed to the unusual schedule after rejecting a proposal from the Commission on Presidential Debates, a nonpartisan organization that has organized the events for decades, typically with three meetings between presidential candidates and one between would-be vice presidents.All debates are usually in the fall.This year’s June schedule could give the candidates a chance to frame the race moving forward, as many voters will be tuning in to the contest for the first time.But the nearly 19 weeks remaining until Election Day could also mean a candidate with a weak performance has time to recover, or that a strong performance could diminish.“I do not believe anyone is going to either win or lose the election this week,” Mollineau said.Bullock, the Georgia professor, differed.Because of the unpopularity of both candidates, and the sense that voters will be choosing the one they view as “the least of two evils,” either could provide a voter’s “final straw,” he said.“They may hear something coming out of the mouths of one of these and say, ‘Yeah, that’s it,’” Bullock said. “‘That’s the final straw. I can’t support that one. It helps me make up my mind to go with the other person.’”Ross Williams contributed to this report.

Undecided voters are the prize for Biden and Trump in presidential debate

BY:&nbsp;<a href="https://nebraskaexaminer.com/author/ashley-murray/">ASHLEY MURRAY</a>

WASHINGTON — President Joe Biden will pardon U.S. military veterans who were discharged or convicted under military law for consensual same-sex relations, the administration announced Wednesday.

The White House could not provide an exact number of veterans who will be pardoned, but the administration estimates thousands were convicted over several decades and may be eligible.

The convictions were enforced under a military law that prohibited certain types of sex from May 1951 to December 2013.

When asked why Biden chose now to pardon the veterans, senior administration officials told reporters on a call Tuesday that Biden is “committed to doing everything he can to ensure that the culture of the armed forces reflect the values that make us an exceptional nation and to maintaining the finest fighting force in the world.”

The officials continued that Biden is “taking this historic step to ensure that we live up to our sacred obligation to care for all service members, veterans and their families.”

Biden said in a statement Wednesday that he is “righting an historic wrong by using my clemency authority to pardon many former service members who were convicted simply for being themselves.”

“Our Nation’s service members stand on the frontlines of freedom, and risk their lives in order to defend our country,” Biden said in the written statement.

“Despite their courage and great sacrifice, thousands of LGBTQI+ service members were forced out of the military because of their sexual orientation or gender identity. Some of these patriotic Americans were subject to court-martial, and have carried the burden of this great injustice for decades.”

Administration officials said guidance will be posted on the Department of Defense website for veterans to apply for proof they are eligible for pardon under the proclamation.

Veterans can then use the certificate of proof to apply to their respective military branch for a discharge upgrade.

Biden’s Wednesday proclamation effectuates the pardons for any veterans, alive or deceased, who were discharged or convicted in military court under&nbsp;<a href="https://www.sapr.mil/public/docs/ucmj/UCMJ_Article125_Sodomy.pdf" target="_blank">Article 125</a>&nbsp;of the Uniform Code of Military Justice for consensual sexual relationships.

While the law prohibited forceful sex acts with minors and animals, Article 125 also banned “unnatural carnal copulation” — defined as oral or anal sex — with another person of the same or opposite sex.

The military code was updated in 2013 to reflect that only forceful, not consensual, sexual acts could be penalized.

Administration officials acknowledged that Article 125 is not the only military law that targeted LGBTQ+ service members.

<figure>
 <img src="https://media.eaglewebservices.com/public/2024/6/1719435671887.png" alt=" Sailors decorate the mess decks in observance of Pride month aboard the Arleigh Burke-class guided-missile destroyer USS Jason Dunham in the Atlantic Ocean on June 16, 2022 (U.S. Navy photo by Mass Communication Specialist 3rd Class Theoplis Stewart II)." />
 <figcaption> Sailors decorate the mess decks in observance of Pride month aboard the Arleigh Burke-class guided-missile destroyer USS Jason Dunham in the Atlantic Ocean on June 16, 2022 (U.S. Navy photo by Mass Communication Specialist 3rd Class Theoplis Stewart II).</figcaption>
 </figure>BY:&nbsp;<a href="https://nebraskaexaminer.com/author/ashley-murray/">ASHLEY MURRAY</a>WASHINGTON — President Joe Biden will pardon U.S. military veterans who were discharged or convicted under military law for consensual same-sex relations, the administration announced Wednesday.The White House could not provide an exact number of veterans who will be pardoned, but the administration estimates thousands were convicted over several decades and may be eligible.The convictions were enforced under a military law that prohibited certain types of sex from May 1951 to December 2013.When asked why Biden chose now to pardon the veterans, senior administration officials told reporters on a call Tuesday that Biden is “committed to doing everything he can to ensure that the culture of the armed forces reflect the values that make us an exceptional nation and to maintaining the finest fighting force in the world.”The officials continued that Biden is “taking this historic step to ensure that we live up to our sacred obligation to care for all service members, veterans and their families.”Biden said in a statement Wednesday that he is “righting an historic wrong by using my clemency authority to pardon many former service members who were convicted simply for being themselves.”“Our Nation’s service members stand on the frontlines of freedom, and risk their lives in order to defend our country,” Biden said in the written statement.“Despite their courage and great sacrifice, thousands of LGBTQI+ service members were forced out of the military because of their sexual orientation or gender identity. Some of these patriotic Americans were subject to court-martial, and have carried the burden of this great injustice for decades.”Administration officials said guidance will be posted on the Department of Defense website for veterans to apply for proof they are eligible for pardon under the proclamation.Veterans can then use the certificate of proof to apply to their respective military branch for a discharge upgrade.<h2>Military law and consensual sex</h2>Biden’s Wednesday proclamation effectuates the pardons for any veterans, alive or deceased, who were discharged or convicted in military court under&nbsp;<a href="https://www.sapr.mil/public/docs/ucmj/UCMJ_Article125_Sodomy.pdf" target="_blank">Article 125</a>&nbsp;of the Uniform Code of Military Justice for consensual sexual relationships.While the law prohibited forceful sex acts with minors and animals, Article 125 also banned “unnatural carnal copulation” — defined as oral or anal sex — with another person of the same or opposite sex.The military code was updated in 2013 to reflect that only forceful, not consensual, sexual acts could be penalized.Administration officials acknowledged that Article 125 is not the only military law that targeted LGBTQ+ service members.Senior administration officials told reporters that while the proclamation is narrowly focused on convictions under Article 125, the Department of Justice has been instructed to flag any other clemency applications for veterans penalized for sexual orientation or gender identity under other military statutes.The U.S. military has a decades-long history of anti-LGBTQ+ policies. The armed forces outright banned gay and lesbian service members during World War II.In 1993, President Bill Clinton set a “Don’t Ask, Don’t Tell” policy, essentially allowing LGBTQ+ members to serve in the military, so long as they didn’t make their sexual orientation public.The policy was&nbsp;<a href="https://www.congress.gov/bill/111th-congress/house-bill/2965?q=%7B%22search%22%3A%22H.R.+2965%22%7D&amp;s=6&amp;r=3" target="_blank">repealed</a>&nbsp;under President Barack Obama.Days after his inauguration, Biden issued an&nbsp;<a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/25/executive-order-on-enabling-all-qualified-americans-to-serve-their-country-in-uniform/" target="_blank">executive order</a>&nbsp;overturning a ban on transgender service members.<h2>Pardon power</h2>The Constitution&nbsp;<a href="https://crsreports.congress.gov/product/pdf/R/R46179" target="_blank">empowers</a>&nbsp;the president with several ways to forgive crimes against the United States. The president can fully pardon, or lift, punishments without qualification for individuals or groups of people; commute, or reduce, an offender’s sentence; or issue a reprieve, basically delaying an offender’s sentence.Clemency applications are processed through the Justice Department’s Office of the Pardon Attorney.Biden&nbsp;<a href="https://www.justice.gov/pardon/presidential-proclamation-marijuana-possession#:~:text=On%20October%206%2C%202022%2C%20President%20Biden%20announced%20a%20full%2C,people%20with%20those%20prior%20offenses." target="_blank">issued</a>&nbsp;sweeping pardons in October 2022 and December 2023 for marijuana offenses.The Justice Department posts clemency statistics for each presidential administration dating back to William McKinley at&nbsp;<a href="https://justice.gov/pardon/clemency-statistics" target="_blank">justice.gov/pardon/clemency-statistics</a>.