Bills addressing underage drinking proposed

Two changes to the Nebraska Liquor Control Act were considered Feb. 2 by the General Affairs Committee.

LB439, introduced by Lincoln Sen. Adam Morfeld, would change penalty provisions for certain violations relating to or committed by minors under the Nebraska Liquor Control Act.

The bill would grant limited legal immunity to minors seeking help for themselves or someone else in need of immediate attention due to alcohol poisoning. The bill would apply only to minors who request assistance after such an emergency is apparent and who fully cooperate with medical assistance and law enforcement.

Morfeld said the bill would provide legal immunity only against a minor in possession (MIP) charge, and would not provide immunity from other crimes related to an incident, such as illegally procuring alcohol for a minor, sexual assault or hazing.

Morfeld said young people may be reluctant to seek emergency assistance in a case of underage alcohol poisoning out of fear that an MIP charge will follow them and hinder their chances for future employment and advancement.

“I believe this ensures that we are putting safety first while ensuring accountability,” he said.

Geraldine Cotter, associate dean of students at Nebraska Wesleyan University, testified in support of the bill. She cited two recent situations involving university students who were reluctant to call 911 or another authority figure when faced with an alcohol poisoning situation.

Both situations had good outcomes, she said, but lawmakers should consider removing barriers and encouraging young people to make the right decision.

“I shudder to think what the outcome might have been if the students had waited much longer to make the call,” Cotter said. “These are life and death decisions where minutes make a difference.”

Assistant Chief of Police Brian Jackson also testified in favor of the bill on behalf of the city of Lincoln. Law enforcement rarely make an MIP arrest in a case involving a medical emergency related to alcohol poisoning, he said, but young people may not realize that and may be afraid to call for help.

“These choices can sometimes lead to a serious medical condition or even death,” Jackson said. “This legislation—if it saves even one life—will be well worth the time and effort.”

John Lindsay of the Nebraska Association of Trial Attorneys testified in opposition to the bill’s prohibition on an individual initiating an action against a peace officer, or the employing state agency or political subdivision, based on an officer’s compliance or failure to comply with LB439. He said the bill violates state constitutional provisions guaranteeing legal remedy to any injured party.

“It means it’s closing off access to the courts,” Lindsay said. “I would suggest that by doing that, it violates the [Nebraska Constitution].”

The committee also heard testimony on LB460, introduced by Omaha Sen. Jeremy Nordquist, which would require liquor licensure for charter bus services, limousine services and pedal pub services. A pedal pub vehicle is defined as a multi-passenger, human powered vehicle.

Licenses would be statewide and only one license would be required for all charter buses or limousines operated in Nebraska by the same owner. Fees would be $75 per year for charter bus and limousine licenses and $50 per year for a pedal-pub vehicle license.

Nordquist said the law allowing drinking in limousines and party buses—passed by the Legislature in 2011—has proven problematic and additional regulation is required.

“Without any licensure or any kind of regulation, we’re setting up a situation where the state doesn’t have the ability to make sure that we don’t have unscrupulous operators out there who are putting the safety of minors at risk,” he said.

Hobert Rupe, executive director of the Nebraska Liquor Control Commission, testified in support of the bill. He said many party buses currently are operating like bars, but are not subject to compliance checks because they are not required to have a liquor license.

He said party buses have become “havens for underage drinking,” noting that a party bus that recently was boarded in connection with a shoplifting incident in Nebraska City resulted in 19 of the 27 passengers being cited for MIP.

“We think that this is a public health, safety and welfare risk,” Rupe said.

Jim Campin, owner of Emerald Limousine in Omaha, disagreed. Testifying in opposition to LB460, he disputed the notion that party buses and limousines are havens for underage drinking.

“There’s been no proof laid out here for that,” he said, adding that it is the responsibility of the person renting the vehicle to ensure that minors are not drinking. Campin said it would be asking too much of the limousine and party bus industry to take on the job of policing against minor consumption.

“You’re basically taking what bars do and adding driving on top of it,” he said.

The committee took no immediate action on either bill.