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Substance Abuse Prevention:Legislation

farms8.staticflickr.comSeveral weeks ago, we did a Community Spotlight on  a couple different local Prevention Coalitions; LiveWise and Project Extra Mile. Both of these groups staff members have done a lot of legwork for those of us whom would like to know what bills are being introduced into the legislature in regards to substances of abuse.

Thanks to Nicole Carritt from Project Extra Mile for the following information:

On Thursday 1/22/15, General Affairs Committee Chairman Tyson Larson introduced LB330

 

LB330 includes several components, including the following:

  • Eliminates hours of alcohol sale, allowing the sale of alcohol 24/7
  • Classifies hard cider as beer for tax purposes, reducing the per gallon tax rate from $0.95 to $0.31**
  • Requires a written request by a church in order to hold a hearing in accordance with Sec. 53-177 (a hearing is required for any proposed licensed establishment within 150 feet of a church)**
  • Redefines alcohol to include powdered form and gives the LCC the authority to regulate it, as opposed to banning the manufacture and sale in the state**
  • Allows the LCC to resell seized alcoholic liquor**
  • Establishes a 30-day grace period for application renewal fees**
  • Provides an additional $102,000 in funding for the LCC for personnel costs** **Changes requested by the LCC in their 2015 legislative letter.

Additionally, Senator Howard has introduced LB339, a bill that would prohibit the Nebraska Liquor Control Commission (LCC) from charging fees to either the citizens or liquor license applicant following a protest of a new liquor license application.

Thank you to LiveWise’s Alex Brown for the following Bill tracker information:

ALCOHOL:

  • LB204: Provides a tax credit to beer manufacturers for purchasing and using Nebraska-grown “beer-related” crops.
  • Introduced by: Sen. Schilz on 1/13/15
  • Update: Bill will be heard by the General Affairs Committee
  • LB275: Adds 15 years to the revocation period for individuals who drive while their license is revoked.
  • Introduced by: Sen. Friesen on 1/14/15
  • Update: Bill will be heard by the Transportation and Telecommunications Committee
  • LB330: Makes powdered alcohol regulated like wine and liquor. Classifies hard ciders like Beer for the purposes of the Liquor Control Act. Removes hours of sale limitations from entertainment districts. Requires that churches seeking to challenge the issuance of a liquor license request a formal hearing in writing. Allows the Liquor Control Commission to sell seized alcohol. Increases personnel budget of the LCC.
  • Introduced by: Senators Chambers, Campbell, Coash, Davis, Howard, Kolowski, Krist, Schilz, Schumacher, Seiler & Smith on 1/15/15
  • Update: Bill will be heard by the General Affairs Committee. Hearing will be held on January 26th.
  • LB339: Removes costs for applicants and protesters at LCC hearings. Costs pursuant to a request that the hearing be bound by the rules of evidence are still allowable.
  • Introduced by: Sen. Howard on 1/15/15
  • Update: Bill will be heard by the General Affairs Committee

 

TOBACCO:

  • LB98: Provides support for tobacco prevention and cessation programs and earmarks $7,000,000 for fiscal years 2015 &2016 to be used for tobacco use prevention.
  • Introduced by: Sen. Bolz & Gloor on 1/8/15
  • Update: Bill will be heard by the Appropriations Committee
  • LB118: Attempts to re-implement the exemption allowing cigar shops under the Nebraska clean indoor air act.
  • Introduced by: Sen. Larson & Coash on 1/9/15
  • Update: Bill will be heard by the General Affairs Committee. Hearing set for January 26th.
  • LB418: Changes distribution of cigarette tax proceeds. Reduces amount given to Nebraska Public Safety Communication System Cash Fund from $5 million to $3 million and adds a $2 million dollar fund to be used for biomedical research.
  • Introduced by: Sen. Howard on 1/16/15
    • Update:

 

MARIJUANA:

  • LB189: Updates definition of marijuana, marijuana concentrate, synthetic THC, cannabinoid receptor agonist, and controlled substance analogue under the Controlled Substances Act. Makes penalties for possession of any quantifiable amount of marijuana or 0-1 oz of marijuana concentrate a $300 fine and a drug education course (1st offense); Class IV misdemeanor $400 fine and up to 5 days in jail (2nd offense for marijuana concentrate only); Class IIIA misdemeanor $500 fine and up to 7 days in jail (+3rd offense for marijuana concentrate or +2nd offence for marijuana).
  • Introduced by: Sen. Davis on 1/12/15
  • Update: Bill will be heard by the Judiciary Committee
  • LB390: Allows for the use of canabidiol by medical professionals the University of Nebraska Medical Cener  to conduct limited-scope studies relating to canabidiol’s effectiveness in treating “treatment resistant seizures” and “intractable seizures”.
  • Introduced by: Sen. Howard on 1/15/15
  • Update:

 

OTHER DRUGS:

  • LB37: Adopts the Prescription Drug Safety Act which provides for in-depth labeling and record retention requirements for prescription drugs.
  • Introduced by: Sen. Krist on 1/8/15
  • Update: Bill will be heard by the Health and Human Services Committee. Hearing set for January 21st.
  • LB172: Eliminates mandatory minimum sentences for Class IC & ID felonies.
  • Introduced by: Senators Chambers, Campbell, Coash, Davis, Harr, Howard, Kolowski, Krist, Schilz, Schumacher, Seiler & Smith on 1/12/15
  • Update: Bill will be heard by the Health and Human Services Committee
  • LB326: Bans additional substances in “synthetic marijuana” under the uniform Controlled Substances Act and increases penalties for the possession and manufacture of those products.
  • Introduced by: Sen. Williams on 1/15/15
  • Update: Bill will be heard by the Judiciary Committee
  • LB332: Appropriates $600,000 from the General fund in FY2016-17 and FY2017-18 to DHHS for a statewide prescription drug disposal project.
  • Introduced by: Sen. Kuehn on 1/15/15
  • Update: Bill will be heard by the Appropriations Committee

 

OTHER:

  • LB25: Changes the court jurisdiction for juveniles based on certain criteria (more analysis to follow on future updates).
  • Introduced by: Sen. Krist on 1/8/15
  • Update: Bill will be heard by the Judiciary Committee.
  • LB173: Changes sentencing provisions for repeat violent offenders and eliminates mandatory minimum sentencing language.
  • Introduced by: Senators Chambers, Campbell, Coash, Davis, Howard, Kolowski, Krist, Schilz, Schumacher, Seiler & Smith on 1/12/15
  • Update: Bill will be heard by the Judiciary Committee

 

PUBLIC HEALTH:

  • LB18: Requires that by 2016 every student entering the 7th grade or entering the grade after they turn 16, receive a CDC approved meningitis vaccination.
  •  Introduced by: Sen. Krist on 1/8/15
  • Update: Bill will be heard by the Education Committee. Hearing set for January 20th.
  • LB28: Adoption of the Radon Resistant New Construction Act which mandates that all new construction in Nebraska beginning in 2018 will meet radon resistant standards.
  • Introduced by: Sen. Krist on 1/8/15
  • Update: Bill will be heard by the Health and Human Services Committee.
  • LB29: Limits school based health screenings to sight, hearing and dental defects only unless a written objection from a parent/guardian is on file with the school.
  • Introduced by: Sen. McCoy on 1/8/15
  • Update: Bill will be heard by the Education Committee.
  • LB31: Eliminates helmet requirements for motorcycles and mopeds.
  • Introduced by: Sen. Bloomfield on 1/8/15
  • Update: Bill will be heard by the Transportation and Telecommunications Committee
  • LB34: Adopts the Carbon Monoxide Safety Act requires that starting in 2017 carbon monoxide detectors be installed and operational based on certain conditions as part of the sale or rental of dwellings.
  • Introduced by: Sen. Howard on 1/8/15
  • Update: Bill will be heard by the Health and Human Services Committee. Hearing set for January 29th.
  • LB39: Requires motorists to change lanes to give way for bikes when possible.
  • Introduced by: Sen. Kolowski on 1/8/15
  • Update: Bill will be heard by Transportation and Telecommunications Committee. Hearing set for January 20th.
  • LB77: Provides Medicaid funds for family planning services and allocate $500,000 from the general fund to implement the Every Woman Matters program that provides reimbursement for the provision of mammograms, breast examinations, pap smear, colposcopy, associated laboratory costs, preventative health and family planning services, as well as education and outreach.
  • Introduced by: Senators Norquist, Campbell, Cook, Harr, Hansen, Howard, Morfeld and Brooks.
  • Update: Bill will be heard by the Health and Human Services Committee. Hearing set for January 28th.
  • LB81: Changes eligibility requirements for childcare assistance programs.
  • Introduced by: Sen. Cook on 1/8/15
  • Update: Bill will be heard by the Health and Human Services Committee
  • LB129: Requires criminal background checks before issuance of initial nursing license.
  • Introduced by: Sen. Harr on 1/9/15
  • Update: Bill will be heard by the Health and Human Services Committee. Hearing set for January 28th.
  • LB248: Prohibits school bus drivers from using interactive wireless communications devices other than dispatch communications while the vehicle is in motion.
  • Introduced by: Sen. Sullivan on 1/14/15
  • Update: Bill will be heard by the Transportation and Telecommunications Committee
  • LB290: Eliminates requirement that certain sex offenders turn over their online information to law enforcement and eliminates the offense of unlawful use of the internet by a prohibited sex offender.
  • Introduced by: Sen. Coash on 1/15/15
  • Update: Bill will be heard by the Judiciary Committee
  • LB294: Adopts the “Human Trafficking Victims Civil Remedy Act” and adjusts similarly themed provisions..
  • Introduced by: Sen. Scheer on 1/15/15
  • Update: Bill will be heard by the Judiciary Committee
  • LB303: Allows schools to adopt child sexual abuse policies.
  • Introduced by: Sen. Bloomfield on 1/15/15
  • Update: Bill will be heard by the Judiciary Committee
  • LB322: Increases the child and dependent care tax credits to 30% (up from 25%) for families making >$32K, 100% for families making <$32K.
  • Introduced by: Sen Bolz on 1/15/15
  • Update: Bill will be heard by the Revenue Committee
  • LB373: Requires that all school busses purchased after January 1, 2016 have lap belts for every passenger that must be used by those passengers.
  • Introduced by: Sen. Hilkemann on 1/15/15
  • Update: Bill will be heard by the Transportation and Telecommunications Committee
  • LB397: States intent to provide $300,000  for Lead-Based paint hazard reduction (contingent upon receipt of a federal grant).
  • Introduced by: Sen. Harr on 1/16/15
  • Update:

It is your right as a citizen of Nebraska to contact your Senator with any questions, concerns or issues regarding any bill that you believe will affect the quality of your and/or your children’s lives.

Anita Wisecup,

 

 

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