Lawmakers tackle drunk drivers, tele-abortions
May 10th, 2011
Lincoln, NE – Changing the way drunk drivers are handled, and prohibiting telemedicine or webcam abortions, were among proposals advanced in the Nebraska Legislature Tuesday.
Under current law, someone stopped for first-offense drunk driving can have his or her license revoked for 90 days under the administrative license revocation process. But Sen. Mike Flood of Norfolk says it would be more effective to encourage people to use ignition interlock devices. Those are devices that require people to blow into a machine that wonâ€™t allow a car to start if it detects alcohol on their breath.
â€œWhat happens now is you get your license suspended, and if youâ€™re a drunk, you still have a car, you still have a set of keys, itâ€™s got a license on it, youâ€™re not making good decisions, youâ€™re driving on a suspended license and our courts are littered with DUI violations,â€ Flood said. â€œSo what I like about the ignition interlock is at least if you are driving, youâ€™re blowing into a device that says youâ€™re not drinking, and the rest of us are safer.â€
Under Floodâ€™s legislation, a first-offense drunk driver could choose between a 180-day administrative license revocation or using an ignition interlock device for 180 days. And time spent using the ignition interlock would also count against any subsequent time using the device that a court would order.
Flood said the new approach would let people who made a mistake still drive to work, or alcohol education classes, while still protecting the public. The bill, which also toughens penalties for boating while drunk and for procuring alcohol for minors, got first-round approval on a vote of 41-0.
On abortion, lawmakers took up a proposal by Lincoln Senator Tony Fulton to require a doctor be physically present when an abortion-inducing drug is dispensed. In Iowa, a woman up to seven weeks pregnant can go to a clinic where sheâ€™s examined by a nurse practitioner, then consults via teleconferencing with a doctor via who can by remote control open a drawer containing the drugs.
At a March 9 public hearing, Fulton said his bill is, â€œintended to prevent the proliferation of these webcam abortions into our state.â€ The Supreme Court has ruled state regulations are unconstitutional if theyâ€™re intended to place a substantial obstacle in the path of a woman seeking an abortion. But states can enact regulations to ensure womenâ€™s safety. Thatâ€™s what Fulton emphasized in floor debate.
â€œRequiring the physical presence of the physician is motivated by, and is important for, the safety of the mother who undergoes a chemical abortion,â€ Fulton said.
Critics of the proposal said the bill is unconstitutional. Lincoln Sen. Danielle Conrad questioned Sen. Dave Bloomfield of Hoskins, a supporter of the bill who made it his priority this session.
â€œIs your intent to reduce the number of abortions in Nebraska?â€ Conrad asked. â€œThat would be part of the hope,â€ Bloomfield responded. â€œThere is also a big part that deals with the safety of the patient.â€
Lincoln Senator Amanda McGill, an opponent, predicted the bill would have little effect.
â€œIf a woman really wants an abortion, sheâ€™s going to drive to get it,â€ she said. â€œItâ€™s such a life-impacting decision that if a woman really wants it, sheâ€™s going to drive and find that opportunity.â€
After several hours of debate, senators voted 34-9 first round approval for the bill.