Senators debate retailer liability in meth prevention bill

A statewide electronic tracking system could be implemented for purchases of methamphetamine precursor chemicals at the point of sale under a bill advanced from general file Feb. 3.

Under LB20, introduced by Omaha Sen. Beau McCoy, retailers would receive an immediate web- based notification when a person is attempting to purchase illegal amounts of pseudoephedrine, a drug found in over the counter cold medications that is an ingredient used in meth-making.

The system automatically would issue the seller a stop sale alert. Access to the system would be provided by the National Association of Drug Diversion Investigators at no cost to the participating states or retailers.

McCoy said the bill is intended to stop methamphetamine manufacturers who purchase small amounts of pseudoephederine from several locations in order to collect amounts needed to produce meth.

A Judiciary Committee amendment would:
• ensure that no claim or cause of action shall arise against a seller solely based upon the electronic submission of information to the exchange;
• allow the retailer to store certain information obtained from the purchaser’s license or identification card in case it is needed by law enforcement;
• push back the effective date of the criminal penalty to Jan. 2013; and
• revise some definitions in the bill to match federal definitions.

Omaha Sen. Scott Lautenbaugh opposed the committee amendment, saying he preferred language in the original bill that provided an exemption from civil liability for retailers acting in good faith. He proposed an amendment to the committee amendment that would eliminate the word solely when referring to a claim or cause of action arising against a seller.

Sen. Steve Lathrop of Omaha opposed the Lautenbaugh amendment.

“When we immunize someone, it sends the message that it is okay if you’re not careful,” Lathrop said. “There needs to be a strong and compelling reason if we are going to give someone immunity.”

Lautenbaugh said existing law already provides this immunity, so the bill should reflect that.

The Lautenbaugh amendment was adopted 30-17.

Lathrop proposed an amendment to the committee amendment that would have removed the language granting retailers’ exemption from liability.

Omaha Sen. Brad Ashford filed a motion to bracket LB20 until June 1, saying the bill needed more work before moving forward. He later withdrew the bracket motion and filed a motion to recommit the bill to the Judiciary Committee for further consideration.

Liability issues in the bill should not be changed without the opportunity for the committee to discuss it first, he said.

“There is a blanket immunity section already in the law. If we change this language and take out the word solely, there’s a potential conflict between the two statutes,” Ashford said.

The motion to recommit the bill was defeated 24-15.

Lathrop withdrew his amendment, saying that the interested parties would work on the bill before the next round of debate.

The committee amendment was adopted 35-9 and the bill advanced from general file on a 30-0 vote.