Lincoln Journal Star from Lincoln, Nebraska • 16

2B Nebraska journal Star Friday, April 27, 2001 Comments? Questions? Cal 473-7304 www.joumalstar.comnebraska I LEGISLATURE 2001 unto State would pay $159,211 took the opportunity to gloat about his prediction during debate of the bill tour years ago that it would be overturned in court and cost the state money. Chambers was the only senator to vote against passage of the bill in 1997. Forty-five senators voted to pass it The only one who was right was me," Chambers said The state wasted resources by passing the bfll and having to defend the law, Chambers said The claims bill containing the attorneys' fees advanced on a 29-0 The fees were part of $896228 in claims against the state contained in the annual claims bill (LB849). Each year the state is presented with claims against it for debts such as lawsuit settlements, attorney fees and other outstanding bills. Lincoln Sea Mike Foley, who is an outspoken opponent of abortion, questioned the necessity to pay Caiharfs fees.

Given the national attention Carhart gained from the case, Foley said he found it hard to believe the doctor suffered financial loss. Omaha Sea Ernie Chambers The Associated Press Dr. LeRoy Carhart, who successfully challenged Nebraska's ban on so-called partial-birth abortions, will have his legal fees paid for by the state under a bill given first-round approval Thursday. Carhart took the 1997 ban all the way to the MS. Supreme Court, which overtumed-theWlastyear.

Carhart was awarded $159211 in attorneys' fees by the US. District Court, the 8th US. Circuit Court of Appeals and the US. Supreme "We have no recourse but to pay these," said Sea Matt Conneary of Decatur, chairman of the Legislature's Business and Labor Committee. "We lost the case The plaintiff was awarded court fees." Wet weather delays corn planting The Associated Press LEXINGTON After last year's drought farmers might welcome rain, but only if it falls at the right times.

This spring farmers are worried because the wet weather has delayed com planting. "I would say about 10 percent of (com planters) have started," said Darrell Svoboda, who helps organize the flow of vehicles, fertilizer tanks and applicators for AD Points (ZoKpinLeringtoa In a normal year, Platte Valley farmers have most of their com planted by the last week of April with some of it up and growing. Mike Racek, who raises about 1,500 acres of com, said he had planted about 140 acres by Tuesday. Co-op workers applied fertilizer and weed spray right behind him. "I told my wife the other night that if I don't get some com planted soon, IU be on the tractor until June," he said.

All Points supplies and then applies fertilizer and weed spray to about 185,000 acres each year, ranging from south of Arapahoe to near Broken Bow. Fanners were again stopped in their tracks Sunday when up to 3 inches of rain fell in central Nebraska-. The raia mixed with snow in places, was a reminder that wet weather is once again a force to be reckoned with after four years of relatively dry and warm planting seasons. Hie cold rain also lowered soil temperatures to about 45 degrees, which is 5 degrees below germination temperature, All Points fertilizer manager John Snider said State Climatologist Al Dutcher A farmer planting corn waits to get started again after heavy rains soaked the this spring has delayed corn planting in the Platte River Valley. Briefs Insurance poolng: A plan to allow towns, villages and other political subdivisions to band together to seek joint insurance coverage for their employees passed.

Public school and Educational Service Unit employees were excluded after the state teachers' union objected, saying including them would break up the state's 33-year-old education health insurance pool. The goal of the proposal (LB664) is to lower insurance premiums for employees of local government and political subdivisions. Nursing school loans: The state would extend to nursing students in an effort to increase the number of people going into the profession under a bill (LB468) advanced from the second round of debate. The number of nursing students in Nebraska has dropped by more than a thousand in less than a decade. The loans can be given for two years.

They will be forgiven if the student works two years in Nebraska. Quote "Ding." Sen. JimCudaback of Riverdale, making the sound of the bell that rings to signal a vote of the Legislature. The real bell was not working for about 45 minutes Thursday morning. It's a fact More than 96 percent of the state's land is farm and ranch land.

As of 1997, the gross receipts from farm marketing totaled $10.1 billion. Nebraska has about 55,000 farms that produce food. Coming Monday Appropriations bills that were advanced cfl Wednesday to the second round will dominate the clay's debates. The teacher salary, mentor teacher and Master Teacher program bill, LB305, is scheduled for first-round debate if the budget bills clear second-round approval before the end of the day. Omaha man convicted of murder The Associated Press OMAHA A man accused of shooting a 19-year-old Fremont woman five times after finding her stranded on a road west of Omaha last April was convicted Thursday of first-degree murder.

Richard Cook was charged in the April 29, 2000, shooting death of Wayne State College freshman Amy Stahlecker. A Douglas County District Court jury began to consider the case Wednesday afternoon and deliberated until about 730 p.m. It returned Thursday morning and by 11 am had reached a verdict Stahlecker's body was found beneath the Elknom River bridge at Waterloo, about 15 miles west of Omaha She had stopped along the side of the road to change a flat tire around 3 a.m. The prosecution claimed Cook stopped, sexually assaulted Stahlecker and shot her. Cook could face the death penalty or life in prisoa Hagel tries to extend deadline The Associated Press OMAHA Sen.

Chuck Hagel introduced a bill that would extend an immigration program designed to keep families together in the United States. Immigration and Naturalization Services offices have been swamped by families trying to beat the Apnl 30 deadline. Hagd's bill would extend the law that allows legal residents to apply for visas for family members illegally in the United States to April 30, 2002. Hagd said the bill would give qualified people more time to apply, and it will give the administration time to review immigration policy. Qualified applicants must have been living in the country before Dec 21, 2000, and pay a $1,000 fee.

UNO officials set priority programs Also included was a $293,612 settlement of a lawsuit filed by an FBI agent injured in a 1997 explosion mat occurred while Nebraska State Patrol officers detonated blast- inflr nana XVKVT CmmA Island. FBI Special Agent Brett Schanck and his wife, Laura, alleged in the lawsuit filed in 1999 that the defendants, the state of Nebraska and State Patrol Bomb Coordinator Rod Getting, were negligent for injuries Schanck suffered. The state settled the lawsuit out of court Lobbyist, business criticized BY NANCY HICKS Lincoln Journal Star An Omaha business that sells "gray market" cigarettes and its lob byist drew tne wratn ot state senators Thursday morning Omaha lobbyist Mike Kellev. and the business. and Enter prises, were "dishonest" with state senators about the issue, Sea Paul Hartnett of BeDevue said.

The nam ing and direct criticism of a snecific lobbyist is unusual on the floor of me Legislature. "One of the strengths of this body is that we tell each other the truth and are tmtnruL said Hartnett during debate on his bill, LB358. The bill would make it illegal to possess or sell "gray market" cig arettes those intended for sale overseas that are sold in the United States at a discount often more State and federal excise taxes are collected on the cigarettes, but not a special tax imposed because of the national tobacco settlement Hartnett said he had agreed to delay passage of the bill for 30 days as a favor to Kellev. Then the lobby ist turned around and tried to delay the measure even further, Hartnett said "I did someone a favor," Hartnett said But the lobbyist who asked the iavor has been dishon est" he said Kelley, reached by phone Thursday afternoon, said he disagrees with the description of what occurred. "1 believe (Hartnett) has the facts wrong Kelley said.

I have never Deen aisnonesi witn senators. The bill sailed through early votes weeks ago. But Hartnett said he agreed to delay the third and fi nal vote for a month to give Ronald Bergeron, owner ot and Enter prises, time to unload the cigarettes nenad in stock. The bill was scheduled for final approval Thursday morning with the emprwnfv Hancp mpnino it 7 "vauui0 would take effect immediately after getting me governors signature. Without the clause, it would not become law until early September.

Kelley convinced a number of senators to avoid voting on final passage, giving the bill only 26 "Yes" votes, not enough for the clause. That vote angered Hartnett, who urged senators to reconsider. The measure then gained 42-0 passage. This lobbyist was doing business for his client Hartnett said "I don't blame him, but he has been dishonest" Kelley said he had no agreement with Hartnett Bergeron wanted until mid-May to sell the cigarettes he bought before a federal ban began in February, Kelley said and Enterprises wholesaled the cigarettes across the state and sold them at Bergeron's Omaha night club, the Bitter Sweet Bar, Kelley said Kelley said he did work to get that extra time by trying to convince senators to pass on the emergency clause. But he said he did not renege on any deal with Hartnett "(Hartnett) urulaterally gave me a delay," he said "No deal was struck, never told any senator any information that wasn't 100 percent true and factual" said Kelley, who lobbies for a number of interests in-ctoding Douglas County and the re-taO liquor industry.

"I am very disappointed in the process. People who had lawful cigarettes were told they had contraband. This is really a story about the wholesalers trying out a litde guy." a Omaha Sea Ernie Chambers also said senators were voting to "protect the purveyors of deanv by refusing to put the emergency clause on the bill Rl McM)aujralstvxiM cigarette BY MARTHA STODDARD Lincoln Journal Star Nebraska's only graduate programs in criminal justice, public administration and social work have made the cut at the University of Nebraska at Omaha So too did the adult degree completion program, the computer science and information technology areas and the campus' international studies and programs. All were on the final list of academic priorities released by UNO officials Wednesday. The list includes 13 academic programs, three academic support programs and three outreach areas (teemed vital to UNO's academic quality and its metropolitan mis-sioa Taken together, our institutional priorities reflect a university of high quality, innovation and focus, one in which we can take great pride," Nancy Belck, chancellor of the Omaha campus, said in a statement Wednesday.

THE ASSOCIATED PRESS field near Lexington Sunday. Rain virtually no nitrogen fertilizer, which has doubled in price since last year. Also, the 2000 drought left many seeds infertile. Farmers bought and will plant more seeds per acre this year. Rising fuel prices also increase the cost of planting Diesel is 35 cents a gallon higher than last year, Snider said To compensate, All Points has raised its price for applying fertilizer by 25 cents an acre.

Academic priorities on the UNO list are: Adult degree completion. Artist preparation. Banking and finance. Behavior and life sciences. Carmriication.

Computer science and information technology. Criminal justice. Graduate programs in business. Information systems and quantitative analysis. International studies and programs.

Public administration. Social work. Teacher and school administrator preparation. Academic support programs on the list are: General education requirements. Goodrich scholarship program.

Honors program. Academic outreach activities on the list are: Arts outreach. Businesscivic outreach. Educational outreach. Reach Martha Stoddard at 473-7245 or mstoddartliounialstarxon.

come "so punitive that it becomes criminal." Most people convicted in court of first-offense drunken driving get probation and a 60-day license revocatioa although judges often give credit for the administrative revocation in sentencing Tlie high court disagreed with Huff arguments. The Legislature intended ad-mirustrative license revocation to be a rivO sanctioa and Isham has failed to show that it is so punitive in purpose or effect as to negate the Legislature's intent wrote Judge William Connolly. uncertain tem," Steeves said. "Wei, who's going to explain it? Who's going to be there for themr Other states have tried to stabilize funding for victim Services programs with money from their general fund, but Steeves said when revenue projections are towered, funding for these programs is vulnerable. Steeves said the best tactic mat some states have found is to add an amount to court costs, and that money goes into a state crime victims fund Steeves said legislation to establish a similar program in Nebraska has been mtrcduced before, but never passed said while there is enough moisture to get this year's crop off to a good start the state needs above-normal precipitation through mid-June to carry the crops through the summer.

"A lot of concerns about planting will be eliminated if the air temperatures return to normal because soil temperatures react fairly quickly at the 4-inch depth," Dutcher said Normally, growers would switch Review panels dominated by faculty members played a major role in determining priorities, said Derek Hodgson, vice chancellor for academic affairs. Last year, colleges and faculty members were asked to submit proposals for priority programs. The 10 review panels then rated about five proposals each. No panel reviewed proposals from colleges represented on the panel Based on the ratings and advice from college deans, Hodgson assembled the final list This is a faculty-led, faculty-driven process," he said "Faculty participated positively in the process, producing an excellent product to serve as a blueprint for future development" Doug Patersoa president of the UNO Faculty Senate, said he expected the process used to develop the list to garner it wide support These academic priorities represent a university faculty, tive hearing before the Department of Motor Vehicles. She contested the revocatioa but her license was revoked for an addittonal 60 days at the hearing In her appeal Isham contended that prosecuting her in court for drunken driving how would violate her Fifth Amendment right against double jeopardy or being tried twice for the same crime -r- because the administrative revocation of her license amounted to a con-victioa Isham's lawyer, Sterling Huff, cited recent Nebraska Supreme continue to ensure mat victims-have a prjwerful voice." Most of the money for victim services comes from federal court fines and penalties.

That money is put into a pot that all 50 states share, but no one knows how much that will be from year to year. In 1995, Nebraska received almost $600,000 from the fund. Then in 1997, the state received $2.7 mH-lioa and in 1999, Nebraska received Mary Tyner, president of the Nebraska Coalition for Victims of Crime, told Nebraska Public Radio mat the need for victim services is growir white the furxiing is not Those funds that are corning from com to Soybeans in the face of continued wet weather, but that might not be an option this year. Soybean seed is hard to come by, Snider said Planting dates vary by crop across the state, but com planting normally is completed by the middle of May, while sorghum and soy-beam are finished in early June. Many farmers committed to soybeans early because they use staff, students and administration that is serious about creative dialogue on education, as well as capable of actually enjoying the dialogue," he said.

UNO developed its priority fist at the request of University of Nebraska President Dennis Smith. But Hodgson said the list of programs fit well with the campus' three-year strategic planning process. Programs on tlie list will be first in line for additional funding when money is available. "It was a logical step to say: 'Of the various things we do, which ones are most consistent with our strategic plan? he said Smith has asked for similar lists from all NU campuses by May 15. While the other campuses are still working on theirs, UNO turned its list in three weeks early.

Hodgson said Omaha campus officials wanted to complete the process before the end of the semester. Classes end this week, and finals will be next week. Court rulings mat said two men could not be tried on drug charges because prosecutors had gone to court to seize property taken during their arrests. Such seizure hearings, the court said amounted to prosecutions because the state had to prove in court that the drug offenses had occurred in order to have the property forfeited He said the Legislature meant to make administrative revocation of a driver's license a punishment therefore making such actions prosecutions. But he said that a penalty intended to be civil in nature can be into local agencies are diminishing each year, which is going to deter us from helping victims because we don't have the offices and staff to bring them in to do the services," Tyner said Not only is there a lack of funding for these programs, but there is a disparity between urban and rural areas.

There are few victim assistance programs in rural areas. The fear is that if funding drops dramatically, some victim services programs would be diminished or disappear altogether, Nebraska Crime Gorrirnission Grants Division ChiefNancy Sleeves said "The average person doesn't understand the aiminal justice sys Court rules in license revocation case The Associated Press A Scottsbluff woman tost her challenge Thursday of the practice that allows driver's license to be revoked twice for a single drunken driving offense. The Nebraska Supreme Court ruled in the case of Allison Isham, who was ticketed for drunken driv-inginl999. The arresting officer temporarily revoked her license for 30 days, which is allowed under state law, and informed her that she could contest the action in an administra Funds for victim services programs The Associated Press Programs that work with victims of crime across the state feel threatened by unpredictable funding mat sornetimes fluctuates by hundreds of thousands of dollars a year. Vkiimwitness agencies provide counseling emotional support and an explanation of court proceedings to almost 18,000 crime victims in 1999.

Police officers are trained in victim sensitivity, and judges and prosecutors consider victim statements in sentencing "victim service providers must have the resources necessary to meet the needs and ease the paia" Gov. Mike Johanns said. "We must Pwwbal (April 25) 14, 26, 28, 29, 39 Powerball 39 Power Play: 1 Estimated jackpot: $14 million Nebraska Pick 5 (April 26) 6,7,19,23,24 Rolldown (Apnl 26) 16,25,27,49,51.