Ag, infrastructure foreign threat protections approved

A measure aimed at protecting the state’s agricultural sector and critical infrastructure from foreign adversary threats earned final approval from lawmakers April 10.

LB1096, introduced by Lincoln Sen. Eliot Bostar at the request of Gov. Jim Pillen, makes unauthorized possession of high-risk agricultural pathogens or pests a Class III felony, punishable by up to four years in prison, two years of post-release supervision, a $25,000 fine or both.

An offense may be elevated to a Class IIA felony if it involves concealment of the pathogen’s origin, is committed on behalf of or funded by a foreign government or results in more than $1 million in economic damage.

The bill also exempts certain sensitive infrastructure and cybersecurity information from Nebraska’s public records laws and defines critical infrastructure to include water, telecommunications, broadband and 911 systems.

LB1096 restricts foreign-linked entities from accessing or controlling critical infrastructure systems, with limited exceptions, and authorizes fines against telecommunications providers that fail to meet certification requirements.

It also clarifies the definition of a foreign adversarial company in relation to state tax incentives and prohibits group members from using state tax incentive benefits against the income taxes of other group members that are classified as foreign adversaries.

Lawmakers passed LB1096 on a 34-15 vote.