Hard cider, bottling endorsement stripped from bill

Lawmakers advanced a bill from general file March 11 that would eliminate an antiquated requirement in state law regarding hard liquor sales.

As introduced by Wilber Sen. Russ Karpisek, LB863 would remove a petition and voting procedure requirement in the Liquor Control Act for allowing the sale of hard liquor by the drink in Nebraska.

A General Affairs Committee amendment contained provisions of several additional bills:
• LB855, introduced by Cortland Sen. Norm Wallman, which would provide a process to transfer responsibility for an abandoned cemetery from a county to a cemetery association;
• LB861, introduced by Karpisek, which would add vapor products to the list of tobacco-based items that are illegal to sell to minors younger than 18;
• LB888, introduced by Gretna Sen. John Murante, which would allow a local governing body to approve off-sale alcohol purchases until 2 a.m. by a two-thirds vote;
• LB899, introduced by Karpisek, which would reclassify hard cider as beer;
• LB914, introduced by Karpisek, which would establish a limited bottling endorsement; and
• LB1052, introduced by Karpisek, which would allow any licensed retailer engaged in the sale of distilled spirits to issue tasting cards to customers.

During debate March 10, the committee amendment was divided into seven components at the request of Scottsbluff Sen. John Harms, which allowed each of the bills contained in the amendment to be considered individually.

Harms said he had concerns regarding the proposals dealing with changes to the Liquor Control Act and said senators shouldn’t be afraid to challenge the appropriateness of clustering committee bills together in an omnibus or “Christmas tree” bill.

“I don’t really think that it’s setting a dangerous precedent,” Harms said.

The first component of the divided amendment, adopted 39-0 on March 10, added provisions of LB855 to the bill. The amendment would require a cemetery association that takes over a cemetery from a county to mow it at least once a year and to make a good faith effort to map the cemetery.

A cemetery association with less than $10,000 in its perpetual care trust fund would not be required to file an annual audit. For each plot sold in a qualifying cemetery, $100 would be placed in the perpetual care trust fund.

Hoskins Sen. Dave Bloomfield supported the amendment, saying it would help several rural counties with aging cemeteries, including one in his district.

“It’s a small, historical cemetery and … I think we as a state need to see that these historical cemeteries are maintained and can be active again,” Bloomfield said.

The second component of the divided committee amendment, adopted 28-0 on March 11, added provisions of LB861 to the bill.

As introduced by Karpisek, LB861 would add vapor products to the list of tobacco-based items that are illegal to sell to minors younger than 18. In Nebraska, a vapor product is defined as any noncombustible tobacco-derived product containing nicotine that employs a mechanical heating element, battery or circuit.

Vapor product use by a minor would be a Class V misdemeanor. Selling a vapor product to a minor would be a Class III misdemeanor, which is the current penalty applied for selling other tobacco products to a minor.

The bill also would prohibit the sale of vapor products through a self-service display. Tobacco and vapor product specialty businesses that do not permit minors on the premises unless accompanied by a parent or legal guardian would be exempt from the restriction.

An amendment offered by Sen. Jerry Johnson of Wahoo would have removed the prohibition on selling vapor products through a self-service display. Vapor products can be a valuable smoking cessation tool for adults, he said, and should be more visible in the marketplace to encourage adults considering quitting smoking to try them.

“It is a vehicle that will help break the habit of those people that are smoking,” Johnson said.

Karpisek opposed the Johnson amendment, saying the bill would not inhibit retailers’ ability to market vapor products to adults. The products still could be displayed on counters, he said, if contained in a locked plexiglass display.

The amendment failed on a 4-24 vote.

A second amendment, offered and later withdrawn by Papillion Sen. Bill Kintner, would have stricken the prohibition on selling vapor products to minors. Kintner said parents who wish to help a child stop smoking tobacco cigarettes should be allowed to provide e-cigarettes as a safer alternative without facing criminal penalties.

Three additional components of the committee amendment were adopted March 11, which added the following bills:
LB863, adopted 32-0, which would remove a petition and voting procedure requirement for allowing the sale of hard liquor by the drink;
LB888, adopted 32-0, which would allow a local governing body to approve off-sale alcohol purchases until 2 a.m. by a two-thirds vote; and
LB1052, adopted 37-0, which would allow any licensed retailer engaged in the sale of distilled spirits to issue tasting cards to customers.

Karpisek asked fellow senators to vote against the two remaining components of the committee amendment, saying he had been unable to reach a compromise and avoid a potential filibuster of the entire proposal. He said the Legislature had other important business to accomplish during the remainder of the session.

“It’s not what I want to do, but I know Sen. Harms has negotiated in good faith,” Karpisek said. “At the end of the day, we have to do what we think is right.”

Senators obliged by failing to adopt components containing the following bills:
LB899, on a vote of 3-24, which would have reclassified hard cider as beer; and
LB914, on a vote of 0-24, which would have established a limited bottling endorsement.

LB863 advanced to select file on a 38-0 vote.