FEDERAL JUDGE SAYS NORFOLK-AREA NRD WENT TOO FAR IN SANCTIONING BOARD MEMBER

LINCOLN- A Norfolk-area natural resources district board likely went too far in censuring a member of its board for confirming to a newspaper she had filed a complaint against a fellow board member. U.S. District Judge John Gerrard issued an order granting a preliminary injunction sought by Melissa Temple against the Lower Elkhorn Natural Resources District.

Gerrard wrote that the board likely violated Temple’s First Amendment rights by retaliating against her and limiting her access to travel reimbursements and per diem payments while doing board business. Temple was represented by the new First Amendment Clinic at the University of Nebraska-Lincoln. Gerrard found that the board’s actions had a potential “chilling effect” on Temple’s speech.

“If Temple continues to engage in protected speech, such as informing the press of how the sanctions are affecting her ability to govern, she might be subject to further sanctions,” Gerrard wrote. “Temple’s right to publicly criticize the LENRD’s decision is enshrined by the First Amendment.” The board, he wrote, has the authority to remove Temple from subcommittees but, the judge wrote, the NRD and its voters should question whether it should.

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'WE'RE HAPPY WITH THAT': REPORT SHOWS NEBRASKANS WAGERED $7.3 MILLION MORE ON KENO

OMAHA- According to the Nebraska Department of Revenue, $357 million dollars were wagered on keno in the state between June 2022 and July 2023, an increase of $7.3 million over the 2022 fiscal year. Because of this, tax revenue increased by nearly $150,000. The latest quarterly report issued by the Department in September, however, did show a drop in revenue from the previous quarter.

"A bit of a surprise to be honest," said John Hassett, the president and managing partner of Advanced Gaming Technologies, "because like I say the competition's increasing and Keno is still staying pretty steady so we're very happy with that." Hassett said that Keno brings in funds communities may not otherwise be able to get, and that this funding helps pay for city-wide programs like Light Up Bellevue.

"Bellevue put about $750,000 each year into the economic development fund," said Hassett, whose organization operates 18 locations in Bellevue. With new competition arising in Nebraska, including in the realm of sports betting, Hassett said he was grateful that his industry hasn't been negatively impacted.

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LINCOLN'S SOPHOMORE SENATORS SEEK COMMON GROUND IN 2024 AFTER CONTENTIOUS FIRST SESSION

LINCOLN- According to Sen. George Dungan, 2023 marked a "trial by fire" for the group of lawmakers who entered Nebraska's latest legislative session as freshman just months after their election night wins. "I think, historically, Nebraska and the unicameral has avoided a lot of these hyper-partisan fights that we've seen at the national level in D.C., as well as a lot of the other statehouses," said Dungan, "by virtue of the fact that our system is focused on just trying to help and kitchen table issues."

"This last session, I think, was different," finished Dungan. Although the Legislature ultimately passed hundreds of pieces of legislation through "Christmas tree" bills this past session, the acrimony that consumed its initial months has prompted several senators to seek rule changes ahead of the upcoming 60-day session. While it's still unclear what fate such proposed changes might meet come January, the Lincoln lawmakers entering their second sessions are seeking a return to normalcy.

"My hope is that, over the interim, everyone took a moment to step back and say, 'That was ugly. Let's do better. Let's be better.'" said Sen. Carolyn Bosn. All of Lincoln's delegation insisted that they do not intend to spend another session opposing one another. "We should not be a Republican-Democrat Legislature. We should be focused on how we grow Nebraska and work on issues that are important to our constituency," said Sen. Beau Ballard, "We can find common ground on 80, if not 90, if not 95 percent of issues."

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EX-NEBRASKA REP. FORTENBERRY'S CONVICTIONS REVERSED BY FEDERAL APPEALS COURT

LINCOLN- On Tuesday, the 9th U.S. Circuit Court of Appeals released a 27-page opinion reversing former U.S. Rep. Jeff Fortenberry's conviction "without prejudice to retrial in proper venue," meaning the Congressman can be tried again in Nebraska or Washington, D.C. Fortenberry was charged in 2022 with one count of concealing conduit campaign contributions and two counts of lying to federal agents after it was alleged that he had received an illegal campaign contribution from billionaire Nigerian businessman Gilbert Chagoury in 2016.

Fortenberry was convicted by a federal jury in Los Angeles, with prosecutors arguing that this was an adequate trial location since Fortenberry had received the illegal money in California. However, the 9th Circuit Appeals Judges disagreed with this justification. "Fortenberry's trial took place in a state where no charged crime was committed," their conclusion read, "The Constitution does not permit this. Fortenberry's convictions are reversed so that he may be retired, if at all, in a proper venue."

Fortenberry had received nearly $30,000 from Chagoury during the 2016 fundraiser, but denied any knowledge of such a contribution after being questioned by FBI agents in 2019. After his 2021 indictment, Fortenberry's lawyers fought to move the trial location from California to Nebraska. Fortenberry and his wife, Celeste, praised the court's decision. "We are gratified by the Ninth Circuit Court," they said," Celeste and I would like to thank everyone who has stood by us and supported us with their kindness and friendship."

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PROPOSED BUSINESS PARK NEAR NEBRASKA'S LARGEST AIRPORT EMBROILED IN CONFLICT

OMAHA- A battle is ramping up over who will control nearly $90 million in public funding intended to launch a job-producing business park near Omaha's Eppley Airfield, with Sen. Justin Wayne criticizing the city's final proposal for the area. "That's insane," said Wayne of the estimated cost just to get the ground ready for development, "My concern is, what do we get for the $90 million? Are they even going to build anything vertical? If you don't have a structure, you don't have a job."

Despite Wayne's objections, the team behind the 47-page development "master plan," the Greater Omaha Chamber, Burlington Capital, and the Omaha Economic Development Corp., argue that Wayne and other legislators were well aware of the substantial expenses necessary to begin preparing the area for broader construction.

"The scope of the airport business park concept has always been the development of large, shovel-ready lots," the team said in a joint statement, "Our study and planning effort simply updated the cost estimates that the senators had seen previously." Overall, the group's master plan projects a $200 million price tag to establish an industrial and commercial business park on two sites around Carter Lake near Eppley Airfield.

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ACLU SEES 'RED FLAG' IN INCREASE IN USE OF SOLITARY CONFINEMENT FOR JUVENILES

LINCOLN- The ACLU of Nebraska says a new report issued by the Inspector General of Child Welfare raises a 'red flag' about a significant increase in solitary confinement of juveniles after it was revealed that such youths spent 32% more hours in solitary confinement over the course of the past year. The report even revealed that the hours spent by juveniles in confinement at the Youth Rehabilitation and Treatment Center in Kearney nearly quadrupled.

"Officials need to act on this now," said Jason Witmer, a former prison inmate who is now a policy fellow with the ACLU, "I know firsthand from enduring it myself that no one, particularly youth, should have to face days, weeks, or in some cases months alone under confinement." Jennifer Carter, the Inspector General for Child Welfare, said juvenile detention facilities and treatment centers are "struggling" to adhere to state law when it comes to solitary confinement, as statute requires that such action only be taken as a last resort and for the least amount of time as possible.

"To truly reduce the use of room confinement, the Legislature must better understand the factors driving the safety and security concerns in these facilities," said Carter, "and provide the facilities with the resources and tools they need to maintain safety while reducing the reliance on this problematic practice." Despite the findings of the report, a spokesman with the Nebraska Department of Health and Human Services, which operates the state's three youth treatment and rehabilitation centers, argued that the agency "strictly follows" statute when it comes to juvenile confinement.

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OMAHA MAN LAUNCHES VIGIL AT GOVERNOR'S RESIDENCE AS PILLEN PROCLAIMS THAT HE DOESN'T 'BELIEVE IN WELFARE'

LINCOLN- Paul Feilmann, an Omaha-based anti-poverty activist launched a vigil on Friday at the Governor's Mansion in Lincoln to protest the state's rejection of $18 million in federal funding that could have been used to feed up to 150,000 low-income youths over the summer of 2024. A spokeswoman from Pillen's office argued that the federal program was one related to the COVID-19 pandemic and that the pandemic was over.

On Friday, speaking at a press conference related to another subject, Gov. Pillen said that he doesn't "believe in welfare," and that the existing summer food programs run by the state are adequate. However, Feilmann, as well as Nebraska Appleseed, argue that the state's Summer Food Service Program is limited, and does not reach all of Nebraska's children.

Indeed, in 2023, there were 197 Summer Food Service sites across Nebraska operated by 58 sponsors, down significantly from the 270 sites and 83 sponsors the year before. On Thursday, the day before Feilmann's vigil, Nebraska Appleseed launched a petition drive urging the state to reconsider its position on the funding. The petition will be given to Pillen on December 29th, just two days before the January 1st cut-off date.

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NU COMMUNITY REFLECTS ON EFFORTS TO REINVENT, IMPROVE THE UNIVERSITY'S FUTURE

LINCOLN- Across the county, higher education institutions are facing the headwinds of declining enrollment, budget cuts, and questions over the value of postsecondary education. In Nebraska, those conversations will carry over into 2024. As the University of Nebraska System eases into the 2024 spring semester, it still faces a $58 million budget shortfall over the next two years.

However, some have hope that the university can prevail despite these challenges. "We want to be world class for Nebraskans," said Chris Kabourek, NU's chief financial officer who will take on the role of interim NU president beginning Monday following the departure of the current university head Ted Carter.

Kabourek said his goals include keeping the NU's "railroad" running, addressing affordability and access despite the budget cuts, and executing as much of Carter's previous "Five-Point Plan" as possible. "We're a good university, but we have all the potential to be a great university and to help formulate a strategy to get us from good to great," said Kabourek, "That's what really kind of gets me up every morning and gets me going."

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MARKET ANALYSIS REVEALS PRIME LOCATIONS FOR CASINO EXPANSION IN NEBRASKA

OMAHA- Currently, there are only six licenses issued for commercial casinos in Nebraska, and they’re all required to have a horse racing component. The Nebraska Racing and Gaming Commission was presented with a market analysis examining where additional licenses would best fit in the future.

The research — conducted by a consulting firm called the Innovation Group — looks into the industry as a whole in Nebraska and surrounding states. It examines the gaming and the horse racing, and how expansion could add revenue to the state’s bottom line, while possibly cannibalizing other nearby casinos. The analysis examined eight different scenarios of expansion.

One of the scenarios would expand to seven different Nebraska cities: Bellevue, Norfolk, York, North Platte, Gering, Kimball, and Ogallala. Expanding to those areas comes with the highest gain for the state, but it impacts the current six license holders the most. Bellevue would be the first to receive a license despite its proximity to other casinos. Adding a casino in Bellevue is expected to generate the most revenue for the state at an estimated $61 million. Along with Bellevue, the analysis suggests Kimball and Gering would be best suited for the license.

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NEBRASKA STRUGGLING OVER HOW TO USE NEARLY $180 MILLION IN OPIOID SETTLEMENT MONEY

LINCOLN- Opioids are taking a growing toll on Nebraskans while the state struggles to determine how best to utilize millions in settlement payments from purveyors of highly addictive drugs, which began in March 2021. However, the money, which has been earmarked for treatment and prevention efforts, might not be used for that purpose until well into 2024.

Sara Howard, a former state lawmaker who now serves on Nebraska's Opioid Remediation Advisory Committee, called the funding delay "heartbreaking." "The fact that we're going to see another long delay before these dollars can start to get out and be used for their highest purpose, to me, that's really tragic," said Howard during the committee's December meeting.

Nebraska is part of several multistate settlements with 10 opioid manufacturers, distributors, and pharmacies, and is set to receive nearly $180 million over the next 18 years. However, many of the proposed uses of the funding issued by the Remediation Committee had to be redone after they had violated the Open Meetings Act.

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HOUSE SPEAKER MIKE JOHNSON VISITS OMAHA, ENDORSES REP. DON BACON

OMAHA- Newly elected Speaker of the U.S. House of Representatives Mike Johnson headlined a breakfast fundraiser on Tuesday in Omaha for U.S. Rep. Don Bacon, a candidate expected to face an exceedingly competitive re-election race in 2024. In a statement issued by Bacon's campaign, Johnson endorsed Bacon and described him as a "common-sense conservative" and "majority maker."

At the event, Bacon thanked Johnson for attending and promised he would work to help Republicans hold a 221-213 majority in the House of Representatives. "Nebraskans are ready to do our part to again hold this seat," he said, "and I am thankful to have the Speaker's support in that effort."

During October's tumultuous House Speaker votes, Bacon supported Johnson and applauded his vision for the United States, but disagreed with Johnson's stances on who won the 2020 presidential election and gay marriage. State Sen. Tony Vargas, Bacon's likely opponent in 2024, released a statement criticizing Bacon, for supporting "the most radical Speaker in U.S. history." "It should be concerning to all Nebraskans that Bacon would embrace the support of someone who attacks women and the LGBT community and is an election denier and Trump defender," wrote Vargas.

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PAIR OF NEBRASKA LAWMAKERS VISIT OMAHA COUNCIL TO URGE CREATION OF INLAND PORT AUTHORITY

OMAHA- Just a week after they expressed interest in its creation, State Sens. Justin Wayne and Terrell McKinney went before the Omaha City Council on Thursday to urge the city to establish a nine-member inland port authority near Eppley Airfield, arguing that it could bring in as much as $500 million in investments. "We just need some more laser focus in this area," said Wayne.

Supported by Omaha Mayor Jean Stothert, the authority, if approved by the Council, would become the fourth such entity in Nebraska, a state where only five inland port authorities are allowed by law. While the Council won't vote on the matter until next year, several members spoke favorably about the proposal. Councilwoman Juanita Johnson, while supportive, said that she and her constituents would need to be more involved in the authority's establishment and discussions surrounding the topic.

In response to a question from Councilman Danny Begley, Wayne told the Council that he expects the district could get at least $10 million from the state to launch, and that Sen. McKinney plans to pursue legislation this session that could redirect up to $120 million from the Department of Economic Development towards to the project. Wayne also told the council that he is supportive of yielding state power over the port authority to the city, which would allow Mayor Stothert to appoint the governing board.

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NEBRASKA RETURNS TO HEALTHY POPULATION GROWTH AFTER PANDEMIC LULL

LINCOLN- On Tuesday, the Census Bureau estimated that Nebraska's population reached 1,978,379 as of July of this year, up 10,319 people from the same estimate last year, indicating that Nebraska's population growth is beginning to rebound to healthy levels after two years of slowed, pandemic-affected growth.

The increase this year was more than double the combined growth in 2021 and 2022, when the state was estimated to have added 980 and 3,807 respectively. Those numbers were believed to have been further held down by an increase in pandemic-related deaths, as well as much decreased immigration.

"It's kind of a return to more normal growth," said David Drozd, a demographer with Community Health Development Partners in Omaha, "To be back above the 10,000-per-year level indicates we are coming out of the more COVID-related impacts to more typical growth years." Nebraska's growth this year also exceeded the U.S. growth rate, and is ranked 24th among all states.

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BIDEN NOMINATES SUSAN BAZIS TO FEDERAL JUDGESHIP IN NEBRASKA

OMAHA- Suzan Bazis, a magistrate judge from Omaha, was appointed to the United States District Court of Nebraska by President Joe Biden. Bazis has served as a magistrate judge since 2017, and previously served on the bench of the Douglas County Court. She holds a bachelor's degree from the University of Nebraska at Omaha and earned her law degree at Creighton University.

Bazis received support from both U.S. Senators in Nebraska, Deb Fischer and Pete Ricketts. Fischer's office said she had recommended in January that Biden appoint Bazis to the federal bench, calling the former magistrate judge a "bright legal mind" and "dedicated public servant."

Sen. Pete Ricketts echoed a similar sentiment about Bazis. "Judge Susan Bazis's varied experience, strong intellect, and temperament will benefit us all," he said in a statement, "I have every confidence she will receive strong, bipartisan support." Having been nominated for appointment by the President, Bazis will now need to be confirmed by the U.S. Senate.

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NEBRASKA'S LANCASTER COUNTY SENATORS ADDRESS BRAIN DRAIN, HIGHER EDUCATION IN TOWN HALL

LINCOLN- Just weeks before the 2024 legislative session begins, nine of the 10 lawmakers representing Lancaster County joined together on Monday at Union College for a town hall to preview the issues they're looking to tackle come next year. The delegation present included Sens. Ballard, Bosn, Bostar, Brandt, Clements, Conrad, Dorn, Dungan, Raybould, and Wishart.

Many lawmakers at the town hall highlighted workforce development as a means to address the state's worsening brain drain. According to Sen. George Dungan, solutions to this issue will be multi-faceted and nuanced, and will attempt to avoid becoming a culture war issue. "Nebraska, I think, for the better part of the last many decades, has been a sort of bastion of reasonableness amongst a lot of this ire that we've seen in a lot of other states," said Dungan.

Sen. Carolyn Bosn brought up licensure issues seen in industries like hair care, teaching, and law enforcement, highlighting that people who are licensed in other states must often go back to school in Nebraska after moving here to obtain a similar license. "I don't know that they cut hair differently here than they do in Iowa, but I can't imagine they do it that differently," said Bosn, "I don't think that's a good use of our time or our money."

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OPS STILL MAKING PLANS FOR $8 MILLION LEFT OF $304 MILLION IN FEDERAL PANDEMIC RELIEF

OMAHA- Last Wednesday, Omaha Public Schools officials updated school board members on the status of the remaining federal COVID-19 funding it had received, which must be allocated by September 2024. "There is approximately $8.19 million at-risk, unobligated funds that we originally budgeted for in an activity that we don't think we need that much money for," Shane Rhian, chief financial officer for OPS, told the board.

Over the next three months, said Rhian, district officials will be discussing what to do with the remaining funding before coming to the board with a formal proposal in March or April. Allocation options, according to Rhian, include facility upgrades or new staff technology which could be utilized by teachers and paraprofessionals. "We feel we will be able to use funds fully within the time frame allotted," Rhian said.

Since March 2020, three pandemic relief bills have been passed by Congress to help schools recover academically and emotionally from COVID-19, with OPS, the largest school district in the state, having received the most money in Nebraska, nearly $304.2 million. Purchases made by OPS with the additional funding included additional staff wages, facility upgrade projects, and tutoring for students who missed school early in the pandemic.

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FORMER NEBRASKA LAWMAKER, DOUGLAS COUNTY ELECTION COMMISSIONER SCOTT LAUTENBAUGH DIES

OMAHA- Former Douglas County Election Commissioner and State Sen. Scott Lautenbaugh, who represented northwest Omaha from 2007 to 2014 after being appointed by then-Gov. Dave Heineman, died on Saturday at 59. Current Douglas County Election Commissioner Brian Kruse praised Lautenbaugh for his "leadership of fair and free elections" in the county.

Others paid tribute to Lautenbaugh as well. "I was saddened to learn of the passing of my former colleague Scott Lautenbaugh this morning," said U.S. Sen. Deb Fischer, "Scott was a valuable member of the Legislature of the Transportation and Telecommunications Committee. I enjoyed working with him on the infrastructure needs of Nebraska. He helped build a stronger Nebraska and was always guided by his conservative values."

U.S. Rep. Mike Flood was also stunned by Lautenbaugh's passing. "He was an enterprising, creative, and skilled orator who challenged the status quo and fought for conservative values," said Flood, "In the Legislature, he championed fair election laws and was an early advocate for school choice. We are praying for his family and will long remember his incredible sense of humor and his friendship."

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HEALTH AGENCY FILES ITS OWN REPORT ON INSPECTIONS OF ITS INSTITUTIONS

LINCOLN- On Friday, the Nebraska Department of Health and Human Services filed a 20-page report with the State Legislature detailing site inspections made by DHHS staff of its facilities. The report comes after the State Ombudsman's Office, which had previously conducted the annual inspections, was blocked from doing so after Attorney General Mike Hilgers issued a nonbinding legal opinion arguing against the authority of the Inspectors General for Corrections and Child Welfare.

In response to the report, State Sen. Ben Hansen, who chairs the Legislature's Health and Human Services Committee, said it's essential that such inspections take place and that the Legislature continue to perform its oversight role over state institutions and "vulnerable" populations they serve. Asked whether the self-conducted DHHS report gives lawmakers enough information, Hansen said:

"I would think it's adequate, but could there be more? Yes."

Hansen finished by saying he expects legislation to be introduced in early 2024 to resolve the separations of power dispute centered around the Office of the Inspector General. The report issued by DHHS does not address citizen or staff complaints at these facilities, which the Ombudsman's Office is required by statute to investigate and resolve.

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NEBRASKA AG OPINION CALLS OMAHA AND LINCOLN GUN EXECUTIVE ORDERS ILLEGAL, FIREARMS GROUP SUES CITIES

LINCOLN- According to a formal opinion penned by Nebraska Attorney General Mike Hilgers, the leaders of Nebraska's two largest cities do not have the authority to prohibit people using public parks, trails, and sidewalks from carrying concealed handguns. Hilgers' opinion is just one piece of the months-long fight over the specific meaning and reach of Sen. Tom Brewer's LB77, which allows for the permitless concealed carry of handguns statewide.

Brewer requested the Attorney General's opinion this fall after LB77 was challenged in part by Omaha Mayor Jean Stothert and Lincoln Mayor Leirion Gaylor Baird. Both mayors issued executive orders restricting concealed handgun possession on city property, which includes most public buildings and outdoor spaces like parks, trails, and sidewalks. Stothert, in introducing the order, said she wanted people to "feel safe" while visiting Omaha's public buildings and spaces.

Hilgers wrote in his opinion that the cities do not have the authority to enact blanket prohibitions on weapons possession in public spaces. Although Hilgers' opinion does not have the force of the law behind it, Sen. Brewer said he was grateful for the Attorney General's clear language. "I was very happy with it," said Brewer, "It was perfect."

Following Hilgers' opinion, the Nebraska Firearms Owners Association filed district court lawsuits in Douglas and Lancaster Counties alleging that the mayors went too far in issuing their executive orders. The group is seeking preliminary injunctions allowing concealed handguns to be carried in public spaces. The Omaha area lawsuit is also targeting the city's recent ban on bump stocks and online firearm kits, which can be utilized to build homemade guns.

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SMALLEST RECRUIT CLASS EVER FOR NEBRASKA STATE PATROL SWORN IN FRIDAY

LINCOLN- On Friday, six new State Troopers were sworn in during a ceremony at the Nebraska State Capitol, the smallest graduating class ever for the Nebraska State Patrol. However, despite concerns over the number of graduates, Col. John Bolduc, superintendent of the Patrol, expressed hope that recruiting will turn around.

In fact, according to Bolduc, a new recruit class of 17 will begin training in January. "We hope that begins a new trend," he said, "We don't think this will be the standard, this will be a one-off." Nationally, interest in law enforcement careers has slumped, in part due to the negative publicity following the police-custody death of George Floyd.

"This is a national trend," said Bolduc, "We're thankful for their willingness to step up and serve." Despite adding 16 new recruits in 2023, the Nebraska State Patrol still has 68 vacancies in its authorized strength of 482 sworn positions. On July 1st, the state increased trooper paychecks by 22%, but Nebraska's hike came as other competing law enforcement agencies also upped their pay.

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