March 6-9, 2017
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UNICAMERAL UPDATE Stories published daily at Update.Legislature.ne.gov Vol. 40, Issue 10 / March 6 - 9, 2017 Bill moved to end minimum drug sentences udges would have more discretion when sentenc- ing certain drug offenders under a bill advanced Jby the Legislature March 8. Currently, the mandatory minimum sentences for Class IC and Class ID felonies are five and three years, respectively. LB447, as introduced by Omaha Sen. Ernie Chambers, would eliminate the manda- tory minimum sentences for these felonies. A person convicted of a Class IC felony is subject to a sentence of five to 50 years in prison and three to 50 years for a Class ID felony. Those serving a mandatory minimum sentence are ineligible for the state Department of Correc- tional Services’ “good time” program, which auto- Sen. Ernie Chambers said judges must have the discretion to consider all matically reduces sentences by 50 percent. relevant factors before sentencing. Chambers said mandatory minimum laws are “It’s about making sure our prisons aren’t filled with fiscally irresponsible and do little to deter criminal activity. people who don’t necessarily need to be there,” she said. “When all those so-called ‘tough on crime’ bills were put “[Mandatory minimums] are about deciding our judicial into law, all it did was increase the number of people locked system is not capable of making the determination of what’s up,” he said. “It increased expenses to such an extent that even the most appropriate sentence. conservatives began to attack these laws from the standpoint Omaha Sen. Bob Krist also supported LB447. He said of cost alone.” an inmate serving a mandatory minimum sentence has Sen. Patty Pansing Brooks of Lincoln supported the less incentive to behave properly and pursue rehabilitation, bill, saying eliminating mandatory minimum sentences did creating a more chaotic prison environment. not inherently eliminate the ability to effectively punish “The less mandatory minimums we have and the more abil- habitual criminals or people who commit violent crimes. ity we have to rehabilitate people and help them meet parole (continued page 2) Breast density notification bill advanced awmakers gave first-round ap- The bill would require all health are considering similar legislation. proval March 8 to a bill that would care facilities that perform mammog- “The information would be provid- Lrequire mammography patients raphy to include in the summary of ed to raise awareness of the impact of to be notified of their breast density. the mammography report the patient’s breast density on cancer detection and Omaha Sen. Joni Craighead, sponsor individual breast tissue classification to encourage patients to discuss this of LB195, said the based on the Breast Imaging Report- issue as well as other breast cancer risk bill was inspired ing and Data System established by factors with their health care provider by Cheri Rauth — the American College of Radiology. to decide if further screening options an Omaha woman Breast density can complicate the may be required,” Craighead said. who received a di- reading of a mammogram, Craighead Sen. Sara Howard of Omaha sup- agnosis of Stage IV said, and women should know if they ported the bill, saying it would benefit breast cancer with- have the characteristic. Twenty-eight women who don’t know that they have in eight months of Sen. Joni Craighead states have laws relating to breast den- dense breasts and don’t realize that her 15th normal mammogram. sity notification, she said, and 11 more they should be asking more questions (continued page 2) INSIDE: Meet Sen. Erdman • Workers’ comp reimbursement bill stalls • Hearing schedule March 6 - 9, 2017 Bill moved to end minimum Breast density drug sentences notification (continued from front page) requirements earlier, the better behavior crowding and the state’s budget defi- bill advanced (continued from front page) and the less chaos and riotous conduct cit, while also prioritizing public safety. of their health care providers. we’ll see,” he said. “I absolutely believe in putting the “The testimony on this bill was Citing concerns about vague sen- ‘bad guys’ in prison for a very long time, incredibly compelling,” Howard said. tencing guidelines, Hastings Sen. but I don’t see the purpose of mandatory “We heard from women [diagnosed Steve Halloran opposed the bill. He minimums for someone who has commit- with cancer] who never knew that their said senators should look at the broad ted a nonviolent drug crime,” she said. breasts were dense and who had re- range of sentences in statute, rather Sen. Mike Groene of North Platte ceived mammograms that were fine.” than mandatory minimums. Two supported the amendment, saying he Sen. Merv Riepe of Ralston ex- criminals committing the same Class did not believe first-time nonviolent pressed concern about the mandatory IC felony could receive anywhere be- offenders automatically should be nature of the bill. tween five and 50 years, Halloran said. sentenced to three years. “When you have mandatory report- “I trust judges but I think some- “I don’t believe that we’ll [lose] the ing you also open yourself up — from times we afford them too much discre- ability to throw away the ‘bad guy’ in the a health care provider standpoint — to tion,” he said. “Sometimes we don’t long term,” he said. “I’m a fiscal conserva- contingent liability,” he said. narrowly define enough within the law tive and support law and order, but most Craighead offered an amend- sentencing guidelines.” of these drug offenses are not violent.” ment, adopted 38-0, which removed Elkhorn Sen. Lou Ann Linehan Opposing the amendment and the a requirement that a facility notify introduced an amendment that would bill was Lincoln Sen. Mike Hilgers, the state Department of Health and replace the bill. The amendment who said it cast too broad a stroke, as it Human Services each time it makes instead would eliminate mandatory would apply to very serious criminals. changes to the notice requirement. minimum sentences for Class IC and “This is not possession of mari- “This mandate on health care facili- ID drug offenses only, specifically for juana ruining someone’s life,” Hilgers ties does not create a duty of care or manufacturing between 28 and 139 said. “This is manufacturing and dis- legal obligation beyond the duty to pro- grams of cocaine, heroin or metham- tributing cocaine, heroin and meth.” vide notice [to the patient],” she said. phetamine with the intent to distribute. Senators voted to adopt the Line- Following adoption of the amend- Linehan said the amendment han amendment 29-9 and advanced ment, LB195 was advanced to select would help address both prison over- the bill to select file on a 25-22 vote. g file 38-1. g UNICAMERAL UPDATE The Unicameral Update is a free, weekly newsletter published during the legislative session. It is produced by the Clerk of the Legislature’s Office through the Unicameral Information Office. For print subscriptions, call 402-471-2788 or email [email protected]. Visit us online at Update.Legislature.ne.gov and follow us on Twitter.com/UnicamUpdate. Clerk of the Legislature: Patrick J. O’Donnell Editor: Heidi Uhing; Writers: Kyle Harpster, Kate Heltzel, Ami Johnson; Photographer: Bess Ghormley Printed copies of bills, resolutions and the Legislative Journal are available at the State Capitol room 1104, or by calling 402-471-2709 or 800-742-7456. Status of bills and resolutions can be requested at that number or can be found on NebraskaLegislature.gov. Live video of hearings and floor debate can be viewed on NET2 and at NetNebraska.org/capitol. Senators may be contacted by mail at this address: Senator Name, District #, State Capitol, P.O. Box 94604, Lincoln, NE 68509-4604 Assistance provided by the Clerk of the Legislature’s Office, the Legislative Technology Center, committee clerks, legal counsels, journal clerks, pages, transcribers, mail room and bill room staff and the State Print Shop. The Unicameral Update is available as an audio recording from the Nebraska Library Commission’s Talking Book and Braille Service. Call (800) 742-7691 for more information. THE NEBRASKA LEGISLATURE’S OFFICIAL NEWS SOURCE SINCE 1977 PAGE 2 • UNICAMERAL UPDATE • 105TH LEGISLATURE March 6 - 9, 2017 Meet the Senator Father follows son’s footsteps to Capitol ith the exception of his college years, Sen. Steve Erdman later served on the Bayard School Board for Erdman has lived in Morrill County his entire 12 years, and that service led to 12 years on the Morrill Wlife. The new senator went so far as to move in County Board of Commissioners and many additional with his grandparents at the age of 16, when his parents boards. The ability to see issues that needed addressed and moved to Washington state, in order to stay in western tackle them head-on was what he liked best about being a Nebraska. county commissioner. It’s been a good fit. The work of a state senator has proven challenging in A life-long farmer, Erdman briefly thought he wanted that regard, Erdman said. He recalled the one piece of ad- to be an engineer and took the vice offered by his middle son, preparatory coursework while Philip, when the elder Erdman attending Nebraska Western was considering running for a Junior College. seat in the Unicameral. “Then I realized that I’d have “He said, ‘Don’t do it!’” to spend every day inside,” he Erdman laughed, explaining said. “That was the end of that.” that Philip — who served as a Instead, with the help of an Nebraska state senator from uncle, Erdman began a 42-year 2001-09 — was concerned that career working the land.