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Nebraska senators postpone vote on bill to raise loan caps 

LINCOLN, Neb. (AP) – Nebraska lawmakers have postponed a vote that would let personal loan companies charge a higher maximum interest rate after some senators objected to the proposal.

Senators moved past the bill Monday without advancing it through the second of three required votes. Some senators say it could force consumers to pay higher interest rates on installment loans.

The bill would allow lenders to charge interest of up to 29 percent per annum. Current law lets them charge up to 24 percent per annum on principal amounts up to $1,000 and 21 percent per annum on any remaining unpaid balance. It was requested by OneMain Financial, a loan company with Nebraska branches.

The bill’s sponsor, Sen. Brett Lindstrom of Omaha, says he will work with to try to find a compromise.

Officials say man died after climbing into grain bin

UNADILLA, Neb. (AP) — Authorities say a man died in southeast Nebraska’s Otoe County after climbing into a grain bin to clear a jammed auger.

Rescue workers and medics were called to the farm northeast of Unadilla round 2:45 p.m. Saturday. The Otoe County Sheriff’s Office says rescue workers cut into the bin to reach the man, but they were too late. He was declared dead at the site.

The name of the 69-year-old Nebraska City man hasn’t been released. An autopsy was ordered.

Nebraska bill to discourage property tax windfalls advances

LINCOLN, Neb. (AP) — A bill that would make it harder for local governments to collect a property tax windfall when home and land values rise has won first-round approval from Nebraska lawmakers.

Senators advanced the measure Monday on a 35-1 vote.

The proposal by Sen. Lou Ann Linehan, of Omaha, would automatically lower property tax levies to adjust for any increase in valuations so that local governments collect the same total amount of money as the previous year.

Linehan says it’s designed to prevent counties, school districts and other governments from misleading the public when they boast about not raising levies. In many of those cases, property owners still end up paying more because valuations have risen.

Local governments would have to hold a public hearing and vote to raise the levies.

LCSO issues 13 citations at underage party

The Lincoln County Sheriff’s Office was busy writing tickets early Saturday morning after they broke up a party involving minors and alcohol.

On February 9, 2019, at 02:20 a.m., Deputies received a report of a loud party with minors present on East Hall School Road. It was reported about thirty people were at the party and there were cars parked in the roadway. Upon arrival at the residence, Deputies saw several minors outside and inside the residence that appeared to be consuming adult beverages.

Deputies met with the subjects and found that thirteen of the individuals were under the age of twenty-one and consuming alcoholic beverages. These subjects were issued citations for Minor in Possession of Alcohol. The individual in charge of the residence was issued a citation for Contributing to the Delinquency of a Minor.

Feds release statement on transmission line set in Sandhills

WOOD RIVER, Neb. (AP) — The U.S. Fish and Wildlife Service has released its final environmental impact statement on what a 345,000-volt transmission line through the Nebraska Sandhills could mean to habitat for the endangered American burying beetle.

The release Thursday began a 30-day period for public inspection . The service said it will then decide whether to issue a permit that would allow incidental violations of the Endangered Species Act. Documents are available by appointment at the service’s Nebraska field office in Wood River.

The habitat lies along the 225-mile (362-kilometer) path of Nebraska Public Power District’s R-Project line. The line would start near the Gerald Gentleman Station near Sutherland and extend to a new substation near Thedford.

NPPD has said the line would alleviate congestion, increase reliability and allow for wind power development.

Opponents have said construction would disrupt wildlife and cultural gems and that wind farms associated with the proposed line would destroy unspoiled vistas.

The Endangered Species Act bars the “take” of a listed species, but the act also allows the service to issue permits for the “incidental take” of endangered and threatened species. But those seeking permits must design and implement a comprehensive habitat conservation plan that minimizes and mitigates harm to the species during the proposed project.

NPPD has prepared a habitat conservation plan for the beetle as well as a conservation plan to minimize impacts to migratory birds such as whooping cranes. The R-Project construction would permanently remove 33 acres (13.4 hectares) and temporarily disturb 1,250 acres (506) of the beetle habitat over the 50-year term of the permit.

The district would commit to protect at least 500 acres (202.3 hectares) of occupied beetle habitat in Nebraska.

Despite fierce weather, Nebraska avoids climate change plan

LINCOLN, Neb. (AP) — Nebraska state lawmakers and conservationists who have seen a major drought, historic flooding and gigantic wildfires over the last decade are pushing to prepare the state for climate change, but if history is an indicator, legislators won’t be warming to the idea anytime soon.

Nebraska is one of seven Plains states that haven’t created a formal plan to confront the local impact of more extreme weather, bucking the trend of 33 others and the District of Columbia that have done so since the mid-2000s.

A 2016 report endorsed by a bipartisan legislative committee called on lawmakers to write a plan “based on empirical evidence and Nebraska-based data.” But a bill that would have started the process died in the Legislature in 2017, leaving some supporters exasperated.

“I don’t know if it’s politics. I don’t know if it’s just climate deniers. I just think this is very serious for our generation and future generations,” said Sen. Patty Pansing Brooks, of Lincoln. “Just winging it is not a plan.”

North Dakota, South Dakota, Kansas, Oklahoma, Texas and Wyoming also have no plans in place, according to the Center for Climate and Energy Solutions, a Virginia-based nonprofit that tracks state climate plans.

Pansing Brooks has again introduced the measure, calling for the University of Nebraska to develop a plan for adapting to and mitigating the effects of climate change. University officials would submit it to lawmakers and the governor by Dec. 15, 2020.

The plan would require university officials to estimate Nebraska’s total greenhouse gas emissions, outline goals to reduce them, and identify the positive and negative impacts of climate change on the state economy.

They also would have to drill down on how it would affect specific state resources, including farms and ranches, water, public health and energy. The university would get up to $250,000 from a state environmental fund generated by landfill waste and tire sale fees.

Pansing Brooks will present the proposal to a legislative committee Monday with backing from Nebraska’s state climatologist, university forestry officials and environmentalists, but its prospects are unclear.

Nebraska has endured several stretches of record weather in the last decade. Nebraska State Climatologist Martha Shulski said researchers can’t conclusively tie any specific weather event to climate change, but the planet’s gradual warming likely made those weather outbreaks worse and is expected to fuel severe storms, floods and droughts in the future.

In 2011, a giant snowpack in the Rocky Mountains led to weeks of flooding along the Missouri River, threatening Nebraska cities and leaving farmland deep underwater.

A major drought in 2012 killed trees throughout the state and caused a cattle feed shortage so severe that some ranchers had to harvest ditch weeds to keep their animals alive. State officials ordered more than 1,100 farmers to stop irrigating their crops to compensate for low water levels.

The drought also contributed to more than 1,600 wildfires that year that burned a total of 813 square miles — an expanse more than six times the size of Omaha.

Despite the weather extremes, some members of Nebraska’s Republican-dominated Legislature remain skeptical about efforts to prepare for climate change.

Sen. Dan Hughes, who will review the bill as a member of the Legislature’s Executive Board, said he was concerned about the proposal’s $250,000 price tag and the potential cost of its recommendations.

Hughes, a farmer from Venango, said he questions whether man-made made climate change is real and noted that Nebraska has always dealt with droughts, floods and wildfires. He argued the state shouldn’t spend money to prepare for problems he said may never materialize.

“I’m concerned it would be detrimental to our economy for no measureable benefit,” he said.

The influential Nebraska Farm Bureau, which represents farmers and ranchers who routinely deal with harsh weather, said it doesn’t plan to take a position on the bill.

“We are aware of it, but it’s not a top issue for us,” said Craig Head, a group spokesman.

The reluctance in Nebraska may be driven by the political polarization of climate change science, said Jon Christensen, an adjunct assistant professor at UCLA’s Institute of the Environment and Sustainability.

Christensen said the Nebraska proposal “appears to be a very sensible and cost-effective approach,” but the issue too often gets hijacked by extreme positions on both sides — those who deny climate change and others who demand dramatic and immediate changes.

“It’s so polarized because both climate and the environment have become identified with political parties,” he said. “If you ask people whether they’re concerned about potential changes in rainfall and crop productivity, I suspect you’d get a very different answer than if you ask if they’re concerned about climate change.”

All the states without climate plans lean conservative, but those that have approved plans include the Republican-led states of Arkansas, Alaska, Kentucky and South Carolina.

“Climate plans are a really important step because it shows states are serious,” said Doug Vine, a solutions fellow at the Center for Climate and Energy Solutions.

Shulski, the state climatologist, said developing a plan could help state officials mitigate some of the effects of climate change.

In the meantime, Shulski said she’s working with individual Nebraska cities to develop their own plans. Some are looking to buy more snowplows and improve their storm drains to accommodate heavier precipitation, while others have identified shelters for the elderly and poor to escape extreme summer heat.

Shulski said scientists don’t know exactly how much Nebraska’s average temperatures will rise, but the state will likely experience more frequent flooding from intense rain and snowstorms and hotter, longer summers that could stress livestock and crops. River and groundwater levels could drop as well, requiring more conservation.

“The best time to plan for a tornado is not when you hear the sirens going off,” she said.

Ex-Nebraska veterans service officer convicted in theft case

BRIDGEPORT, Neb. (AP) — A former Morrill County veterans service officer has been convicted of stealing money from the agency’s account.

The Scottsbluff Star-Herald reports that Devin Heumesser pleaded last week to four counts of misdemeanor theft in Morrill County District Court in a deal with prosecutors.

Heumesser had been charged in August with one felony theft count. An arrest affidavit says that following Heumesser’s firing last year, the acting veterans service officer reported his suspicion that funds had been stolen from the office’s checking account.

The Nebraska State Patrol found 45 questionable withdrawals totaling more than $17,000, and an arrest warrant was issued in May for Heumesser.

Heumesser has agreed to pay more than $18,000 in restitution to the Morrill County Veterans Fund. He is scheduled to be sentenced April 1.

Lawsuit filed against CHI Health over on-call, overtime pay

LINCOLN, Neb. (AP) — Seven nurses who work in a Lincoln hospital have filed a lawsuit against CHI Health alleging the hospital is violating state and federal wage laws by not paying enough for on-call work.

The Lincoln Journal Star reports that the lawsuit filed this week seeks class-action status. All of the nurses so far named in the suit work as registered nurses or staff nurses in the interventional radiology department at CHI St. Elizabeth. The lawsuit was filed in U.S. District Court in Lincoln.

The lawsuit says nurses were paid between $2 to $4 an hour for on-call work, violating state and federal minimum wage requirements.

The federal minimum wage is $7.25 per hour. Nebraska’s minimum wage is $9 an hour.

The lawsuit seeks back wages, retirement contributions and interest due, as well as other damages.

An email from CHI Health, based in Englewood, Colorado, said the system is “looking into all matters raised in that complaint and will handle all appropriately.”

Convicted Nebraska killer found in Las Vegas after escape

Anthony Gafford
LINCOLN, Neb. (AP) — Federal authorities in Las Vegas have arrested a convicted killer who escaped from a Nebraska work-release correctional center almost two weeks ago.

Nebraska prison officials say 40-year-old Anthony Gafford left the Community Corrections Center in Lincoln on Jan. 26 and never returned. Deputy U.S. Marshal William Iverson in Lincoln said Friday that marshals took Gafford into custody without incident Thursday night.

In 1997, at age 19, Gafford was sentenced to 30 to 50 years in the killing of 16-year-old Jacque Holbert in Omaha.

Holbert’s 21-year-old son, Jacque “Jack” Holbert IV, was fatally shot while lying in a bed in a home in Omaha on Jan. 20 — six days before his father’s killer escaped.

Nebraska attorney in medical school killings case disbarred

Anthony Garcia
OMAHA, Neb. (AP) — The Nebraska Supreme Court on Friday disbarred an already-suspended attorney who played a key defense role for a former doctor convicted of killing four people with ties to an Omaha medical school.

Jeremy Jorgenson, 44, violated state law and attorney rules of conduct by continuing to make filings and practice law after his 2017 suspension, the high court found. It said he also failed to inform clients of his suspension or return their money.

Jorgenson had blamed depression and alcohol abuse for his failings, the high court said, but noted he “did not present any evidence beyond his own testimony that he had depression and alcohol abuse issues and that he participated in group meetings.”

A working phone number for Jorgenson could not be found Friday.

His disbarment is the latest in a string of troubles Jorgenson has faced since agreeing in 2016 to help represent Anthony Garcia in the former doctor’s first-degree murder case .

Garcia was convicted months later of killing the 11-year-old son and a housekeeper of Creighton University faculty member William Hunter in 2008 and killing pathology doctor Roger Brumback and his wife in 2013. Prosecutors said Garcia blamed Hunter and Brumback for his 2001 firing from Creighton’s pathology residency program. Garcia was sentenced last year to death.

Jorgenson saw his Nebraska law license suspended indefinitely last February for missing oral arguments before the 8th U.S. Circuit Court of Appeals in 2016 and for failing to promptly respond to questions about a client complaint. In both instances, Jorgenson partly blamed his transgressions on the onus of handling the Garcia case.

But Jorgenson’s role was arguably minimal, as he merely served as a sponsor for the Chicago law firm representing Garcia. Nebraska law allows out-of-state attorneys to practice in Nebraska, as long as they appear with a Nebraska attorney. Following a series of conflicts and reprimands against the Chicago firm, the Nebraska lawyers who had been sponsoring them bowed out. That’s when Jorgenson and his partner stepped in to sponsor Garcia’s legal team.

Following Jorgenson’s suspension last year, he pleaded no contest to two counts of misdemeanor child abuse and witness tampering involving his wife’s 7-year-old son. Prosecutors say that after the boy threw a toy, Jorgenson picked the boy up by his shirt collar and dropped him. One of the boy’s wrists was broken. Investigators say he then instructed the boy and mother to lie to hospital staff about how the injury had occurred.

Jorgenson is set to be sentenced in that case next week and faces up to a year in jail on each count.

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