LINCOLN — The head of Nebraska Right to Life hopes a new state law will put Nebraska at ground zero in a legal battle over abortion.
The law requires abortion providers to position an ultrasound screen so a woman awaiting an abortion can see the image of her fetus.
The woman can choose whether to view the image.
The law is one of several taking effect today. Among others are laws to expand health coverage for children, increase court costs and require drivers to move over when passing stopped emergency vehicles.
Julie Schmit-Albin, executive director of the anti-abortion group, said she’ll be watching to see whether abortion rights supporters go to court in an attempt to block the ultrasound law.
“When the abortion industry challenges our legislation, then we know we’re on the right track,” she said.
Schmit-Albin said Nebraska’s law is stronger than most because it requires the screen to be placed so a woman can see it without having to ask.
Most of the 17 other states with ultrasound laws simply require that a woman be offered the chance to see an ultrasound. A stronger Oklahoma law has been overturned in state court.
Representatives of the clinics that do most Nebraska abortions said the ultrasound law will change little for them.
“We have always been very committed to assuring women have all the information they want and need to make this very private and personal decision,” said Jill June, who heads the Nebraska and Iowa Planned Parenthood chapters.
The Nebraska chapter offers abortions in one of its Lincoln clinics. The chapters are to merge next month.
Janet Crepps with the Center for Reproductive Rights said her organization will monitor the Nebraska law, especially how it is interpreted and enforced.
But she said there were no plans to file a legal challenge at this time. The center has worked with Bellevue abortion provider Dr. Leroy Carhart in challenging other abortion laws.
State Sen. Tony Fulton of Lincoln, who introduced the ultrasound legislation, said he expects the screen would be at a woman’s side, where she could see it by turning her head.
He said a woman should not have to crane her neck or twist around to see the screen. Nor should it be placed so she has to turn away to avoid it, he said.
Some other laws going into effect today:
Ÿ Covering kids: More Nebraska children can qualify for health care coverage now. A new state law expanded eligibility for the Kids Connection health insurance program to children in families with incomes up to 200 percent of the federal poverty level, rather than 185 percent. Federal poverty guidelines for 2009 say a family of four with an income of up to $22,050 is poor. Under the new law, children in a family of four with income up to $44,100 would qualify.
Ÿ Rising cost of justice: Fees to cover court costs will increase $2 or $3, depending on the type of case. The increases pay for court automation and the law-enforcement improvement fund. County court fees for traffic tickets or criminal complaints are now $48, up from $45, for example. Fees for small claims court cases are $26, up from $24. Divorce cases in district court cost $157, up from $155, and felony cases in district court are $70, up from $67.
Ÿ Move on over: Nebraska joins 46 other states in requiring drivers to move over if possible when approaching law enforcement vehicles, ambulances, motorist-assistance vehicles, tow trucks or other emergency vehicles stopped by the side of the road. The requirement applies to people driving on the Interstate or expressways with at least two lanes of traffic in each direction. If drivers cannot shift lanes, they must slow down. Violations carry a $100 fine for first offense; penalty for a second offense is up to seven days in jail and a $500 fine.
Ÿ Protection for less: Putting a security freeze on personal credit information will cost less — $3 per credit reporting agency instead of $15 per agency. Such freezes protect people from identity theft by requiring credit bureaus to seek permission before releasing a consumer’s credit reports, with certain exceptions. That way, consumers know if someone is trying to use their name to open a credit card account or line of credit.
Ÿ Save that parking spot: Drivers who park illegally in a handicapped spot will get socked harder financially. A new law raises the fine for a first offense to $150, up from $100. A second offense within a year will be $300, up from $200, and a third or subsequent offense will be $500, up from $300.
Ÿ Fundraiser crossing ahead: Drivers may soon be solicited by people collecting donations for charity or community betterment. A new law permits people to walk into stopped traffic to collect money for certain types of causes, such as the “fill-the-boot” campaigns once undertaken by Omaha firefighters. Such fundraisers still will be prohibited on state highways.
Ÿ Do-it-yourself electricity: A new law encourages people to generate electric power with backyard windmills, solar collectors or other small-scale means. Under the law, local power companies have to buy excess electricity from such generators and provide free “net meters,” which can measure the flow of electricity in both directions. The law applies only to systems with a capacity of 25 kilowatts or less.
Ÿ Curb your dog: People who own dogs deemed dangerous because of a previous attack now face stiffer penalties if their animals attack again and injure a person. Dog owners could face up to a year in jail and a $1,000 fine.
Ÿ Snuff the funny smoke: Possessing or selling the hallucinogenic drug Salvia divinorum now is illegal. Possession is punishable by up to five years in prison, selling it by up to 20 years. Salvia divinorum is not the salvia flower commonly planted in Nebraska gardens.
Contact the writer:
402-473-9583, martha.stoddard@owh.com
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