PROPONENTS OF CRIMINAL JUSTICE REFORM AWAIT DEBATE ON ISSUE IN WANING DAYS OF 2023 SESSION

LINCOLN- On Friday, state Sen. Justin Wayne announced that a meeting with representatives from Gov. Pillen's office, the Attorney General's Office, and several county prosecutors led to agreements and concessions on a myriad of proposals that would enhance rehabilitation and supervision programs. However, some proposals still need some work and research, according to Wayne, and likely won't be considered as the 2023 legislative session inches closer to the end. 

However, Wayne and other proponents of such legislation are excited and optimistic about these proposals. "We're going to set a good framework going forward," said Wayne, who chairs the state's Judiciary Committee, "I was actually pleasantly surprised." Wayne and the Committee faced intense scrutiny recently after advancing a large package of criminal justice reform proposals, which were contained in LB50, prompting the aforementioned meetings and negotiations. 

Prior to the beginning of the 2023 legislative session, there were fears that proposals to address Nebraska's prison overcrowding and recidivism rate would fall upon deaf ears. Sen. Terrell McKinney also stated several times that, if such legislation isn't passed, Nebraska would be forced to build not one, but two new 1,500-bed prisons. "We have been waiting to do something for three years," said McKinney after the negotiations concluded, "We probably won't get everything we want but have to get something over the finish line."

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DROUGHT EASES IN MUCH OF NEBRASKA, BUT NOT IN LINCOLN

LINCOLN- As a result of the intermittent rain in Nebraska over the past week, much of the state's drought conditions have improved. In fact, last week around 48% of the state resided under an extreme drought classification, but that number is now down to 16.5% as of this week. However, not all areas of the state were lucky.

Lancaster County missed most of last week's storms, and the extreme drought classification in Lincoln grew from 52% to 58% this week. The city received only 0.33 of an inch of rain last week, and has only received around 0.49 thus far this month, 2 inches below the annual average for May. 

Since March, Lincoln's total precipitation is 1.53 inches, with the average for this timeframe being around 7 inches. North Platte and O'Neill, however, have received substantial rainfall since March, helping alleviate drought concerns. North Platte got more than 3 inches last week, and O'Neill experienced very similar rainfall.

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LAWMAKERS PASS STATE BUDGET, MAKE FEW ADJUSTMENTS FROM GOVERNOR'S PLAN

LINCOLN- On Thursday, state lawmakers, in anticipation of day eighty, when the budget is due, passed a slew of budget packages after several days of debate. The two-year budget calls for around $5.3 billion in spending over the next two years, with an average increase of 2.2% per year. Among many other things, the budget sets aside a generous amount of funding for cuts in state income taxes, and an increase in tax credits for property taxes, around $366 million for the new 1,500-bed state prison, and $574 million for the Perkins County Canal, despite concerns.

The final budget passed by the Legislature changes very little of Gov. Pillen's original plan, with the only major changes being an increase in the budget for the University of Nebraska and an extra $80 million for increased pay for providers of social services. Certain lawmakers, including Sens. Terrell McKinney, Justin Wayne, and George Dungan, called on their colleagues to include funding that would help reduce Nebraska's prison overcrowding and recidivism rate, but were only able to introduce small concessions to the budget, including a state prison system study on rehabilitation. 

Having passed, LB818, the major budget package, leaves around $780 million in the state's cash reserve, as well as $891 million to be spent by senators for their priority bills. Additionally, around $10 million was earmarked for a sewer project in Sarpy County, $20 million for Metropolitan Community College to prepare for a potential chip manufacturer coming to Nebraska, and $30 million in shovel-ready infrastructure funds for Creighton University to build a new health sciences building and expand the baseball fields utilized during the College World Series. 

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NEBRASKA LEGISLATURE ADVANCES PACKAGE FOCUSED ON NORTH AND SOUTH OMAHA TO FINAL DEBATE

LINCOLN- On Thursday, an updated Economic Recovery Act contained in LB531 cleared its penultimate hurdle and was pushed into its final round of debate. The bill, introduced by Sen. Terrell McKinney, is a multimillion-dollar package designed to uplift North and South Omaha and enhance those region's economies. Among other things, LB531, if passed, will help to fund new projects like the Malcolm X Museum, health clinics, and the Standing Bear Museum.

Also folded into the expansive funding package are updates to the state's Community Development Law, which governs the economic tool called tax-increment financing. "These bills lift our communities up," said Sen. Jane Raybould of the package, which she believes "contains momentum on many different levels." However, not all proposals contained within LB531 were met favorably. Sen. Rob Clements, who chairs the Legislature's Appropriations Committee, was wary of the proposed use of some interest earnings from certain project funds to cover some of the cost. 

Sen. Tony Vargas, who represents part of South Omaha, lauded the bill, calling it "a monumental dedication to east Omaha." Originally, many of the proposed projects contained within the bill were studies by Olsson, and were largely accepted by the Legislature. However, Sen. Mike McDonnell, who also represents part of South Omaha, believed only around 90% of the work done by Olsson was good. Specifically, according to McDonnell, Olsson was too quick to overlook the proposed Ernie Chambers Museum, which would be built in North Omaha.

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NEBRASKA LEGISLATURE PASSES BAN ON GENDER-AFFIRMING CARE FOR MINORS, ABORTIONS AFTER 12 WEEKS

LINCOLN- After months of constant filibuster and debate, the Nebraska Legislature on Friday passed LB574, a bill that would ban gender-affirming care for minors and abortions in the state after 12 weeks. At the end of an emotional and, at times, raucous day, 33 senators voted to shut down the filibuster and advance the bill. The bill has an emergency clause attached to it, and will take effect just a day after it is signed into law by Gov. Jim Pillen. 

When signed, gender-affirming surgeries for individuals under the age of 19 will be outlawed in Nebraska, and the Chief Medical Officer will be required to develop regulations regarding puberty blockers and hormone therapy, a move some argue is politically driven, since the Chief Medical Officer is appointed by the governor. However, transgender youth who have already begun gender-affirming care treatments before October 1 will be allowed to continue them. 

As amended earlier this week, the bill also bans abortions after 12 weeks gestational age, which is marked from a woman's last menstrual period, meaning about 10 weeks after fertilization. Opponents, however, raised concerns over the amendment, arguing that it doesn't include language regarding fetal anomalies, and did not remove criminal penalties from state statute. An amendment introduced by Sen. Lynne Walz would have changed the 12-week gestational age to 12 weeks post-fertilization, as well as added language about "fetal anomalies incompatible with life," but was not considered on Friday. 

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NEBRASKA AGENCY SEEKS PROPOSALS FOR SPENDING $25 MILLION ON OFFUTT IMPROVEMENTS

OMAHA- The Nebraska Department of Veterans Affairs announced this week that it would be accepting project proposals for the new Military Base Development and Support Fund, a disbursement of federal funding meant to help revamp and modernize existing military bases. Offutt Air Force Base was given $25 million in funds to utilize, and some early proposals include a rooftop garden at the U.S. Strategic Command headquarters, a revamped parade ground, and a new pavilion for airmen. 

The funding "is meant to support projects that will improve mission retention and recruitment; support the moral, health, and mental wellness of military members and families, and grow the economic impact of military bases in Nebraska," according to the VA Department. Funding for projects was set aside in late 2020. As part of the bidding process, the Greater Omaha Chamber assembled $107 million in public and private incentives to help persuade the Air Force to choose Offutt. 

Tim Burke, interim head of the Greater Omaha Chamber, is head of the Offutt Community Development Corp., and is set to review projects and raise funds to match those given to Offutt through a Nebraska Legislature appropriation. The Legislature has already listed specific eligible projects for Offutt, including a new outdoor sports pavilion, walking trails, golf courses, and dormitories, but finalized plans have yet to be made. 

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USDA AWARDS $25 MILLION TO UNL TEAM, REGIONAL PARTNERS FOCUSED ON BETTER ACCESS TO FRESH FOOD

WASHINGTON, D.C.- Rural and urban residents struggling to obtain healthy and nourishing food could soon get help from the University of Nebraska-Lincoln, which was recently granted a $25 million cooperative agreement to improve local supply chains by connecting regional buyers and sellers of fresh food. UNL is set to lead this effort, but will work with partner organizations and producers in a five-state region. 

UNL will focus on expanding digital tools and traditional outreach to local farmers growing vegetables, fruits, and other products, who will then be better connected to nearby distributors, wholesalers, and retailers. UNL will also be utilizing a new Heartland Regional Foods Business Center, located on UNL's East Campus, and will serve Nebraska, Kansas, Iowa, Missouri, and Oklahoma from this location. 

Mary Emery, who directs Rural Prosperity Nebraska, the UNL group leading the five-state coalition, said the Covid-19 pandemic significantly complicated American supply chains for all kinds of products, including fresh produce. "One of the challenges for local consumers in the more rural areas is getting access to local produce, or any produce at all," said Emery, "If I have really great crops, and I want to get them three towns over, that's really hard to do."

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FEDERAL TELEHEALTH CUTS COULD AFFECT NEBRASKA CHILDREN WITH AUTISM

OMAHA- Telehealth, under new federal budget cuts, may no longer be an option for some Nebraska residents starting May 11th. The Federal Centers for Medicare and Medicaid Services announced this week that telehealth won't be available for applied behavioral analysts, a move that could impact thousands of children with autism in Nebraska currently receiving those services. 

Officials from Nebrasaka Behavior Supports say they're most concerned about rural communities in Western Nebraska. The agency currently offers telehealth services to this region of the state, which lacks in-person services, but requires a board-certified behavioral analyst to conduct these telehealth meetings. 

"You have to have the BCBA to run the program, and there are currently less than 200 BCBAs throughout the entire state of Nebraska," said Colleen Heiser, director of operations for Nebraska Behavior Supports, "meaning that there's just a huge disparity regarding how many providers are available for this service, versus how many students in Nebraska who could benefit from this." 

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EPA REVIEWING NEW PLAN FOR RESTORING SAND-CHOKED SANDHILLS STREAM

MERRIMAN- The Environmental Protection Agency announced that they would be reviewing a new plan for restoring a Sandhills stream damaged by an authorized deluge of sand three years ago. Over 1.6 million tons of sand and sediment was unleashed when a local rancher, with the help of Cherry County officials, drained a flooded hay meadow into the Snake River, prompting the new flows to erode a large sandhill into the stream. 

Last month, Cherry County officials approved a contract with Mainelli Wagner & Associates to halt the flow of water into the Snake River, as well as provide oversight. The three-phase contract calls for spending of $66,900, which is to be shared by the County and the rancher who caused the sand flows. Both the County and the rancher had been cited by the EPA for violating the federal Clean Water Act since they did not obtain permission for the discharge into the waterway.

Cherry County, back in 2021, agreed to provide a plan within 60 days to remediate the damage and restore, as much as they could, the previous flow into the Snake River. The EPA issued a notice of violation, however, after the County failed to comply. This prompted the EPA to hire a contractor "with the expertise" to review a proposed plan to review the damage and determine if it was suitable to fix the ecological disaster. Ben Washburn, a spokesman for the EPA, said the agency and its consultants are still reviewing the plan, but stated that the project will include "complicated hydrological issues," and will therefore take more time to approve. 

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SEVEN NEBRASKA AIRPORTS WIN $17.4 MILLION IN FAA GRANTS

LINCOLN- After being awarded $17.4 million in Federal Aviation Administration grants, several Nebraska regional airports will see rebuilt runways, taxiways or hangars. The grants to airports in Ainsworth, Burwell, Norfolk, North Platte, Scottsbluff, Sidney and Wayne are part of the FAA’s second round of Airport Improvement Program grants. 

Scottsbluff’s Western Nebraska Regional Airport received the largest single grant: $12.1 million to mill and resurface Runway 12/30, the 8,200-foot runway used for instrument landings. The next-largest grant, for $2.9 million, was awarded to the North Platte Regional Airport for the reconstruction of a taxiway. At the four other airports, grants will go toward the construction of new hangars. 

NDOT assisted the airport authorities in applying for the grants and will help administer the funds as the projects progress, said Ann Richart, director of the department’s Aeronautics Division. “We’re happy to be able to partner with the FAA Central Region in Kansas City to get this essential grant funding to our airports,” Richart said in the press release.

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NEBRASKA LEGISLATURE'S INTERNAL RESEARCH SUGGESTS CANAL WON'T DELIVER WHAT CONSULTANT PROJECTED

LINCOLN- As lawmakers prepare to allocate funding for a $574.5 million canal project, which will divert water from Colorado to Nebraska, internal research at the Capitol seems to suggest that the project will not be as fruitful as previously thought. In fact, the Legislature's Research Office found that an outside consultant's report, which was used by lawmakers to justify spending more than half a billion dollars on the project, may overestimate stream flows and overstate the canal's benefits. 

These findings are raising questions about the exceedingly expensive canal project. "I guess, if I were a legislator, I'd have to pause," said Mike Jess, former head of Nebraska's former Department of Water Resource, "Is there a better place we can spend this money?" The research conducted by the internal office is meant to bolster the decisions made by state lawmakers. However, according to the Office's report on the canal, the consultant's report "creates a false impression of the quantity of water the canal could deliver." 

The original report on the canal's benefits, which was released by Zanjero, stated that the canal would provide "significant benefits for all Nebraska water users in the Platte River system that exceed project costs." Despite questions on the validity of this report, it seems that lawmakers, as well as the Department of Natural Resources, are set on pursuing this endeavor, despite the substantial cost. 

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REDUCTION OF STATE'S 'RAINY DAY' FUND BY $170 MILLION GETS PUSHBACK BY LAWMAKERS

LINCOLN- On Wednesday, a move by Sen. Rob Clements, chair of the Legislature's Appropriations Committee, came under fire after he proposed that the state's 'rainy day' fund be reduced to cover the deep cuts in taxes proposed this year. Under Sen. Clement's amendment, the fund would reduce from a forecasted $950 million to $780 million. Clements told his colleagues that such a reduction would be necessary for the state to cover the loss of tax revenue expected if the proposed tax cuts advance. 

Under the amendment, the extra $170 million would be retained in the state's general fund, rather than being transferred into the cash reserve fund. The recent economic forecast for the state was reduced by around $80 million, prompting Clements to move to cover this decrease. Sen. Danielle Conrad, an opponent of the tax cuts, said she was already concerned about the affordability of the proposed tax cuts and was shocked to see budget adjustments made before they are even passed. 

"We are raiding the rainy day fund in the middle of having all of this money," said Sen. John Cavanaugh, another opponent of the reductions, "It raises red flags." Sens. Lou Ann Linehan and Tom Briese, however, defended the cuts, and believe they can be altered if need be in the future. "Future bodies can hit the pause button, I submit to you it won't be necessary," said Briese. 

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EXTRA FUNDS FOR FORT ROBINSON WILL INCLUDE MONEY TO HONOR HISTORY OF BUFFALO SOLDIERS

LINCOLN- When visiting Nebraska's Fort Robinson State Park, Sen. Justin Wayne said the only information he could find about the famous Buffalo Soldiers who served there was a small plaque. On Wednesday, during debate on LB814, Wayne argued that there should be more there to honor the history f all-Black regiments that served for 18 years in the Fort.

It seems that his colleagues agreed, and the Legislature adopted an amendment that would earmark around $2 million for the state park to honor the regiment. "This is a significant history that we should preserve," said Wayne during debate over the amendment, which lasted very few minutes. State senators attached the amendment to one of Nebraska's mainline budget bills, which includes allocations for the federal American Rescue Plan Act dollars given to the state two years ago.

Earlier in the session, Wayne had introduced a proposal to provide over $35 million to enhance and improve Fort Robinson, to purchase and restore the Mayhew Cabin in Nebraska City, and to help finance a museum honoring Chief Standing Bear. Although this bill did not make it out of the Government, Military, and Veterans Affairs Committee, Wayne, through this amendment, was at the very least able to allocate around $20 million for Fort Robinson improvements.

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STATE TEACHERS UNION ORGANIZES TO HOLD REFERENDUM VOTE ON 'OPPORTUNITY SCHOLARSHIP' BILL

LINCOLN- This week, the state teachers union organized a campaign committee to challenge the 'Opportunity Scholarships Act,' which recently passed to its final round of debate on a 33-11 vote. The committee, formally titled "Support Our Schools Nebraska," has created a website seeking donations and volunteers to gather signatures to put a referendum on the 2024 ballot that would overturn the not-yet-passed LB753, Sen. Linehan's 'Opportunity Scholarships Act.' 

Jenni Benson, president of the Nebraska State Education Association, said that if LB753 is signed into law, her organization will seek to allow voters to repeal it. "Three times previously, Nebraska voters have rejected public dollars for private education at the ballot box," said Benson, "If a majority of state lawmakers continue to ignore the wishes of Nebraska voters, we will do all we can to allow voters to repeal this harmful, ill-advised legislation."

State Sen. Lou Ann Linehan called the efforts led by NSEA "silliness" given the large increases in spending on public education in the works this year. "And they're going to spend $2 to $3 million on a referendum campaign because they don't want other kids to have an opportunity?" said Linehan, "It just boggles my mind." Linehan and other backers of LB753 maintain that low-income families should have the same opportunity to choose a private school as well-off families.

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NEBRASKA K-12 EDUCATION FUNDING BILL MOVES CLOSER TO PASSAGE

LINCOLN- A legislative proposal that would provide $1,500 per student in foundation aid and help cover 80% of special education costs moved one step closer to passage on Tuesday after several hours of debate. If passed, the bill would represent Nebraska's largest state investment in K-12 education since state aid to education was created in 1990. 

The Legislature, which spent much of this year's session fighting over controversial bills and staring down a drawn-out filibuster, advanced LB583 with immense bipartisan support, passing the package on a 43-0 vote. The spending for LB583 would come from a $1 billion Education Future Fund that is now part of the separate budget bills. 

"Every child, whatever district they're from, east or west, north or south, deserves state help," said Sen. Rita Sanders, the sponsor of the bill, "Time and time again, it was that special needs funding piece that kept coming up, and I think we're in a good position to work with our federal delegation on their piece of this."

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NEBRASKA LAWMAKERS TURN UP PRESSURE ON COMPANIES USING CHINESE CELL TOWER PARTS

LINCOLN- On Monday, the Nebraska Legislature advanced an amendment contained within the Transportation and Telecommunication Committee's LB683 that would require all Nebraska companies currently using Chinese-made technology on wireless towers to immediately remove the parts. Under the amendment, the punishment for refusing to do so will be millions of dollars lost in subsidies that are typically given to these companies to expand Nebraska's cellphone network.

According to Sen. Mike Jacobson, the reason for such an amendment is to protect our hundreds of intercontinental ballistic missiles, which largely reside underground in the western and central regions of the state. Jacobson cited a report issued by the Department of Defense as reason for the amendment, which stated that it wouldn't be a leap to assume that the equipment could be utilized to collect data on Nebraska's military installations, including Offutt Air Force Base. 

"When you don't act in good faith," said Jacobson, it's time to take other action." State lawmakers have argued that Viaero Wireless, a cell company that utilizes Chinese technology, has been given ample time to remove the parts but has refused to do so. Viaero Wireless stated that the parts are very likely not being utilized to collect intelligence. However, Nebraska's Public Service Commission has identified over 18 Viaero cell towers using the Chinese equipment, with some residing quite close to major metropolitan areas.

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BILLS RELATED TO VICTIM REPARATIONS INTRODUCED IN NEBRASKA LEGISLATURE THIS YEAR

LINCOLN- Two bills have been introduced relating to Nebraska’s Crime Victim’s Reparations program during the ongoing legislative session. Omaha Sen. Wendy DeBoer, a Democrat, introduced a bill (LB757) based on findings in a survey of 18 programs that help victims across the state. The bill lengthens the deadline for reporting the crime to police from three to five days, extends the filing deadline for minors and lets the CVR committee consider applications that miss the deadline for “good cause.” 

The bill received a priority designation from Speaker John Arch, a Republican from La Vista, who has 25 such designations to dole out per session. The Judiciary Committee approved it unanimously, sending it to the full Legislature for consideration. LB315, from Omaha Sen. John Fredrickson, a Democrat, would ban medical providers from referring victims of sexual assault, domestic assault, trafficking or child abuse to collections. 

Victims are routinely billed for medical costs because they don’t have insurance, they haven’t used it or it didn’t cover certain services, said Katie Welsh, legal director at the Women’s Center for Advancement, at the bill’s public hearing. Fredrickson has now proposed LB315 as an amendment to DeBoer’s LB757, which he said was done in agreement with Arch and DeBoer. 

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SOME BUSINESSES THAT ENDORSED A LETTER AGAINST ANTI-LGBTQ PROPOSALS FIELD 'HARASSING' CALLS

OMAHA- Andrea Kathol, founder of Field Day Development, was one of several businesses and nonprofits who endorsed the letter and subsequently were contacted by phone. A call that led to Kathol calling the police about what she considers a threatening call from a person angry over a public letter urging state officials to drop bills targeting LGBTQ rights. Kathol said she was so sickened by the message, which was filled with foul and derogatory language, that at a certain point she stopped listening. 

Kathol proceeded to warn her staff of the phone call and lock the doors to her business. The call, in part, said: “Hey loser, what the (expletive) is wrong with you? You want males in girls sports? How (expletive) is that? … Are you mutilating the genitals of children as we speak or just advocating for that? … You’re (expletive) outed.” The caller said the motive for her actions were thoughts about the future of her eight daughters, her sisters, and other women. 

The letter was signed by more than 100 business and nonprofit leaders. It objected to “harmful social legislation” and cited proposed Legislative Bill 574, which would block minors from receiving certain gender-affirming procedures, and LB 575, which would ban transgender girls from competing in girls school sports. The letter highlighted that the bills would harm recruitment and retention in the state. 

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SENATORS TO TRY AGAIN TO LIMIT ABORTION RIGHTS, PAIRING IT WITH A BILL INVOLVING GENDER CARE SET FOR DEBATE NEXT TUESDAY

LINCOLN- In the final days of the 2023 legislative session, abortion rights have been reintroduced to the body. On Monday afternoon, an abortion-related amendment to the bill that would ban gender-affirming procedures for minors was unveiled. The amendment would provide for a 12-week ban on abortion. Sen. Megan Hunt said that pairing together “the two most explosive bills” of the 2023 session would cause even more friction in a session overflowing with it. 

LB626 failed two weeks ago after failing to overcome a filibuster by a lone vote. In the days following the defeat of LB626, there have been multiple backroom discussions about whether a less-restrictive abortion ban — something like the 12-week ban introduced by State Sen. Merv Riepe of Ralston — might be resurrected for debate. Those discussions led to an amendment called the “Preborn Child Protection Act." 

The idea is that pairing the two measures into LB574, and making them less extreme, might bring enough support so that both could pass in the waning of the 2023 session. The new abortion segment of the bill includes exception language from the original LB 626 for rape, incest and life of the mother. State senators, as well as Gov. Jim Pillen — an opponent of abortion rights — were involved in crafting the compromise proposal. The pairing may violate the Nebraska Legislature's 'single subject rule,' which prohibits bills of two different topics from being passed together. 

On Wednesday, Speaker of the Legislature John Arch announced that LB574 would be up for debate next Tuesday. However, because the bill is on its final round of debate before passage, it would need to be pulled back in order to have amendments attached to it. Thus far, it is unclear if such action will be taken. Such a move would require the bill to go through two more rounds of debate and filibuster, as well as a consistent 33 votes to invoke cloture and move the bill forward. 

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PARTS OF NORTHEASTERN NEBRASKA CONTINUE TO DEAL WITH EXCEPTIONAL DROUGHT CONDITIONS

NORFOLK- Over the past few weeks, Nebraska farmers have begun to plant their fields ahead of the upcoming growing season. However, the northeastern region of the state is suffering from a D4 intensity drought, the worst drought classification any state can be in. "We did happen to catch right here about 70 hundredths of the rain last night," said Kurt Janke, a Nebraska farmer in the region, "so that was good. And we're just going to have to keep getting timely rains."

According to a report released by the Lower Elkhorn Natural Resources District, 2022 was the driest year in history for many parts of Nebraska. Unfortunately, 2023 might be even worse for certain regions. "Year to date, Norfolk is still below average precipitation. Currently sitting at 2.5 inches below average on the year," said Brian Bruckner, a spokesman for the LENRD. 

Bruckner stated that several towns and cities in the state already have water restrictions in place, which were established in anticipation of a particularly dry year. Bruckner recommended that Nebraskans pay attention to their community announcements for any changes regarding water usage, especially in areas where drought conditions are expected to continue.

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