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Colorado to pay Nebraska $4M in Republican River settlement

By GRANT SCHULTE ,  Associated Press
LINCOLN, Neb. (AP) — Colorado officials have agreed to pay Nebraska $4 million to settle old claims that their state violated a water-sharing compact involving the Republican River, according to a settlement released Thursday.

The settlement requires Colorado to make the payment by Dec. 31, 2018, even though state officials did not admit to any violations of the Republican River Compact. Colorado legislators must approve the funding before the deadline, or the settlement will become invalid.

Nebraska Gov. Pete Ricketts and Colorado Gov. John Hickenlooper touted the settlement as a way to promote cooperation between the states. The settlement was signed by both governors, Nebraska Attorney General Doug Peterson and Colorado Attorney General Cynthia Coffman.

“Nebraska and Colorado can now continue to focus on providing their water users with greater certainty and to pursue other collaborative opportunities to benefit our shared economies,” Ricketts said.

Coffman said the agreement “avoids the cost and uncertainty of litigation” and seeks to defuse some of the controversies over the river.

Nebraska, Kansas, and Colorado have fought for decades over water entitlements provided under the compact. The compact has resulted in lawsuits among the states, which regulate access to the water, and from farmers who said they were cheated out of water they should have received.

The compact signed in 1943 gives Nebraska the rights to 49 percent of the river’s water, while Kansas receives 40 percent and Colorado gets 11 percent. The Republican River originates in Colorado, crosses the northwestern tip of Kansas into Nebraska, then runs through Nebraska before re-entering Kansas through its northeastern corner.

The settlement bars Nebraska from suing Colorado for alleged violations on or before Dec. 31, 2013. Both states have been complying with the compact’s terms since 2015 after Colorado officials finished several projects to augment the river. The settlement also applies to a previous settlement from 2002, which Nebraska had accused Colorado of violating.

Hickenlooper said the payment could be used in the Republican River basin in Nebraska and “creates additional opportunities for cooperative water management between the states.”

Ricketts has recommended that Nebraska lawmakers invest the settlement money in surface water conservation projects in the Republican River basin. Lawmakers have not yet taken action on his request.

Bill to bar LGBTQ discrimination stokes new Nebraska debate

By TESS WILLIAMS ,  Associated Press
LINCOLN, Neb. (AP) — A bill that would prevent psychologists from discriminating against patients based on their sexual orientation or gender identity is reviving a nearly decade-old dispute in Nebraska state government.

Sen. Patty Pansing Brooks of Lincoln said Thursday that her bill would adopt the code of conduct from the American Psychiatric Association, which prevents discrimination of protected classes of people, but does not require professionals to treat patients if they lack expertise or it conflicts with their personal beliefs. The professional would have to provide an adequate referral instead.

Pansing Brooks said the bill will likely not become law, but she hopes it will bring attention to the ongoing problem. She said she hopes it will be resolved internally, but if a conclusion is not reached, she plans to call for a hearing later this year and will “not let this issue die.”

The state Board of Psychology proposed new regulations in 2008, and the following year, the Department of Health and Human Services sent the changes to the Nebraska Catholic Conference for review. Pansing Brooks said she is unsure why the religious organization was given a special review.

Officials from the Nebraska Catholic Conference called for a “conscience clause” that would allow professionals to refuse treatment or referrals to patients because of sexual orientation or gender identity.

The board refused to add the clause, saying it violated an ethics principle included in the regulations from the American Psychological Association.

Failure to adopt an anti-discriminatory policy could infringe on constitutional rights, Pansing Brooks said.

Supporters of the measure pointed to the high levels of suicide within the LGBTQ community and said mental health care is necessary. According to the U.S. Centers for Disease Control and Prevention, suicide is the second leading cause of death for lesbian, bisexual, gay and transgender people between the ages of 10 to 24.

Supporters also argued the existing regulations, which are 10 years old, create outdated barriers for incoming professionals that hurt recruitment and retention throughout the state.

Opponents contend that faith-based psychologists cannot in good conscience provide referrals to patients for services that go against their belief system because they don’t believe seeking care for such issues is in the patient’s best interest.

Tom Venzor, the executive director of Nebraska Catholic Conference, said professionals still treat LGBTQ individuals because it is their duty to treat them with “respect, compassion, and sensitivity.”

Professionals can treat the individuals for mental health concerns, and if the issue of sexual identity or gender is brought up as a cause of their problems, they can refer the individual to someone else who could better help them, Venzor said.

The committee took no action on the bill Thursday.

Bill would undo higher threshold for independents on ballot

LINCOLN, Neb. (AP) — A Nebraska lawmaker is trying to repeal a recent state law that made it substantially more difficult for independent candidates to qualify for the ballot in statewide races.

Sen. Justin Wayne of Omaha presented the measure Friday to the Legislature’s Government, Military and Veterans Affairs Committee.

The bill seeks to undo a 2016 law that raised the signature threshold for nonpartisan candidates from 4,000 signatures to more than 100,000. Wayne says restoring the original requirement would promote competition.

Opponents of his bill say the current requirement is appropriate because party-affiliated candidates must win a substantial number of votes during primary elections to qualify for the general election ballot.

Warren Buffett compares CEOs to oversexed teens

Warren Buffett

OMAHA, Neb. (AP) — The Latest on investor Warren Buffett’s annual letter to Berkshire Hathaway shareholders (all times local):

8:45 a.m.

Billionaire Warren Buffett says encouraging CEOs to pursue acquisitions is a bit like encouraging a “ripening teenager to be sure to have a normal sex life.”

Buffett says many businesses have overpaid for acquisitions in the past year because of that kind of optimistic attitude.

Buffett says a CEO who hungers for a deal can always find a forecast from a banker or analyst to justify the purchase.

Berkshire Hathaway didn’t make many big acquisitions in 2017 because asking prices were so high.

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8:30 a.m.

Investor Warren Buffett says offered a collection of investment advice in his annual letter to Berkshire Hathaway shareholders.

Buffett says it’s important for people to invest money regularly regardless of the market’s ups and downs, but watch out for investment fees.

Berkshire’s billionaire CEO says a 10-year bet he made against a group of hedge funds demonstrates several investing lessons. The S&P 500 index fund Buffett backed easily outpaced the hedge funds.

Buffett says investors shouldn’t assume that bonds are less risky than stocks. At times, bonds are riskier than stocks.

___

7:45 a.m.

Investor Warren Buffett says the acquisition frenzy on Wall Street is making it hard for him to find deals at the right price, but his Berkshire Hathaway conglomerate recorded a $29 billion gain because of the tax reforms Congress passed.

In his annual letter to shareholders Saturday, Buffett mixed investment advice with details of how Berkshire’s many businesses performed.

Buffett says a 10-year bet he made with a group of hedge funds shows why investors should be wary of fees and focus on investing regularly for the long term.

Buffett says the asking prices for potential acquisitions reached an all-time high in 2017. That kept Berkshire from making the kinds of big deals Buffett prefers.

So Berkshire held nearly $116 billion in cash and short-term bonds at year end.

First National Bank halts NRA credit card, car rental firm ends discount

By GRANT SCHULTE ,  Associated Press
LINCOLN, Neb. (AP) — The nation’s largest privately-owned bank holding company and a major car rental chain said Thursday they will stop promotions aimed at National Rifle Association members.The Nebraska-based First National Bank of Omaha will not renew its contract to issue the group’s NRA Visa Card, spokesman Kevin Langin said in a statement.

“Customer feedback has caused us to review our relationship with the NRA,” Langin said.

Langin declined to say when the contract would expire and would not elaborate on what sort of feedback the company had received.

Separately, car rental company Enterprise said its three brands would end a discount program for NRA members.

Both companies released their statements dozens of times on Twitter in response to calls for them to sever ties with the NRA. Some Twitter users who identified themselves as customers pledged to take their business elsewhere.

The announcements came after the progressive news website ThinkProgress listed them as companies that support the NRA. ThinkProgress noted that First National Bank offered two NRA cards, each with a $40 bonus, and touted it as “enough to reimburse your one-year NRA membership!” It also noted Enterprise “offers members an unspecified discount.”

On Thursday, the bank webpage that advertised the NRA card had been disabled. A cached version of the site touted the card as “the official credit card of the NRA” and noted the benefits of membership.

The NRA credit cards are part of a larger business in which the bank issues cards branded with organizations’ logos, such as the sporting-goods store Scheels and the Best Western hotel chain.

Twitter accounts for Enterprise and its two other brands, Alamo and National, tweeted late Thursday: “All three of our brands have ended the discount for NRA members. This change will be effective March 26.”

The NRA has faced intense criticism following the school shooting in Parkland, Florida that left 17 people dead, the latest in a string of high-profile mass killings in the U.S.

An NRA spokeswoman referred questions Thursday to the group’s licensing department. A phone message left with that office was not immediately returned.

A group that tracks the credit industry said the move could carry significant risks for First National Bank of Omaha.

“Many will applaud the move, but NRA members are famously loyal and the organization has shown itself as being very good at mobilizing its members,” said Matt Schulz, a senior industry analyst at CreditCards.com. “However, banks are in the business of managing risks of all kinds, and First National clearly sees this as one they’re willing to take.”

First National Bank has banks in Nebraska, Colorado, Illinois, Iowa, Kansas, South Dakota and Texas.

Former prison guard sentenced for smuggling cellphone

LINCOLN, Neb. (AP) — A woman accused of smuggling a cellphone to a prisoner while working at the Nebraska State Penitentiary in Lincoln has been sent to jail.

22-year-old Selena Kelly was sentenced Thursday to a year behind bars. She’d pleaded no contest to unlawful acts by a corrections employee. Authorities say she delivered the phone to inmate between Dec. 18 and Dec. 23, 2016. She’d worked at the prison since March that year. She was fired Dec. 23.

Her attorney, Bill Chapin, said during her sentencing hearing that Kelly was very remorseful.

Ricketts encourages NRA to hold convention in Nebraska

LINCOLN, Neb. (AP) — Nebraska Gov. Pete Ricketts is encouraging the National Rifle Association to hold its annual convention in his state after one of Dallas’ top elected officials urged the group to find another location.

Ricketts said in a tweet Friday that he and other Nebraska residents “love our constitutional rights” and want the convention in the state.

The Republican governor’s comments came after Dallas’ mayor pro tem said the NRA would face marches and demonstrations if it proceeded with plans to host the three-day meeting set for May 4-6. An NRA spokesman had said it wouldn’t consider moving the convention.

Ricketts’ tweet also followed news Thursday that the Nebraska-based First National Bank of Omaha would stop issuing NRA-branded credit cards in the wake of last week’s deadly mass school shooting in Florida.

Ex-Nebraska state trooper charged in fatal chase

LINCOLN, Neb. (AP) — A special prosecutor has filed charges against a former Nebraska state trooper at the center of a storm that rocked the State Patrol.

Special prosecutor Joe Stecher charged Tim Flick on Wednesday with two misdemeanors, motor-vehicle homicide and making a false statement under oath, as well as careless driving, an infraction.

The charges stem from Flick’s role in the 2016 high-speed chase of an intoxicated motorist in Sheridan County. Dashcam video features Flick saying he used a tactical vehicle intervention, a move that’s meant to bump a fleeing vehicle in order to get it to safely spin out. Antoine LaDeaux was killed in the crash.

Flick will be arraigned in Sheridan County Court on March 8.

Flick was fired from the patrol in December for violating internal policy.

Nebraska senators eye incentive for long-term care insurance

By GRANT SCHULTE ,  Associated Press
Eds: Updates with additional comments, details and background. Adds byline.
LINCOLN, Neb. (AP) — Faced with an aging population and rising costs, Nebraska lawmakers are looking for new ways to reduce the number of residents who might rely on Medicare and Medicaid in the future.

Sen. Merv Riepe of Ralston presented the measure to the Legislature’s Revenue Committee on Wednesday, saying it would encourage younger residents to purchase private coverage to help pay for their care.

“Many Nebraskans put off planning for long-term care, hoping they will never need it,” Riepe said.

The bill would allow residents to claim an income tax credit equal to 25 percent of the premiums paid for a long-term care insurance policy, up to $250 for an individual and $500 for a joint policy. Residents could only claim the credit if they were not previously enrolled in a plan, and they would no longer receive it after three years.

A legislative task report released in 2014 noted that fewer than 10 percent of Americans are saving for long-term care, yet after reaching the age of 65, the average American has a 70 percent chance of needing long-term care services. The bipartisan task force warned that lawmakers will need to explore new options to contain rising Medicaid costs and an elderly population that’s expected to grow over the next several decades.

The bill’s prospects are uncertain this year given the state’s projected $173 million revenue shortfall, which lawmakers will address this session. If it passes, Nebraska would join 28 other states that provide tax credits for long-term care coverage, said Galen Ullstrom, a lobbyist for Mutual of Omaha.

Ullstrom said most people don’t believe they need long-term care insurance and end up receiving coverage through Medicare and Medicaid, placing an additional burden on the state.

More than 12,000 elderly Nebraskans lived in nursing communities as of last year, and more than half of them relied on Medicaid to pay for the service, said Jeremy Hohlen, CEO of LeadingAge Nebraska, a group that represents nonprofit housing and service providers for the elderly.

“By 2050, the number of Nebraskans needing elder care will outnumber Nebraskans needing day care,” Hohlen said. “Anything that can be done to help educate and encourage Nebraskans to invest in long-term insurance is a most worthwhile and important endeavor.”

Still, some residents questioned whether the tax credit was enough to make long-term care affordable. Donna Roller of Lincoln told lawmakers she and her husband looked into a long-term care plan but couldn’t afford it.

“You want young families to invest in this?” she asked. “They’re saving for their kids’ college.”

The committee took no action on the bill Wednesday.

Mule deer in southwest Nebraska receive monitoring devices

NORTH PLATTE, Neb. – Sixty mule deer does are carrying GPS monitoring devices for a new research study designed to aid in the management of mule deer populations in high and low-density areas of Nebraska.

A crew of about 15 people, consisting of graduate students, faculty, and collaborators from the School of Natural Resources at the University of Nebraska-Lincoln (UNL), along with Nebraska Game and Parks Commission staff, equipped the deer with monitoring devices after a helicopter capture crew caught them in two study areas last week. The crew set up mobile staging stations in Hayes, Frontier, Red Willow, and Furnas Counties.

The GPS devices will allow for remote monitoring via satellite and provide valuable data on movements and habitat use while still allowing researchers to locate the deer on the ground to investigate possible mortalities and other important events.

This study is being conducted by UNL graduate student Katie Allen and her advisor Dr. John Benson. Data from this study will help determine survival rates and mortality factors, habitat use, home range size and movements of adult female and fawn mule deer in southwest Nebraska. Another goal of the study is to understand why mule deer population density changes so abruptly in the study area. This data will aid the Commission in the management of mule deer in the state.

Once captured, the mule deer does quickly underwent DNA sampling, blood draws, weighing and other measurements; an ultrasound was used to determine body condition and whether the does were pregnant. The does will be closely monitored this spring and early summer so newborn fawns can be captured and collared within hours after they are born.

“Ultimately, we hope to understand the factors limiting mule deer in the state and why their populations are doing so well in some areas, but appear to be declining in others. Thus, the somewhat subtle landscape changes across our study area, combined with more pronounced variation in mule deer density provides an effective study area for these questions.  On a finer scale, the GPS telemetry data will allow us to investigate behavioral trade-offs by individual deer as they balance mortality risks and forage opportunities across the Nebraska landscape,” said Allen.

Lance Hastings, southwest district manager-wildlife division with the Commission said the capture project and other research could not happen without the support of landowners who provide access for the captures and monitoring.

Data analysis from the project will be reviewed with findings from the study slated to be complete by Dec. 31, 2020.

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