Cigarette lighters sold in Nebraska that resemble children\u2019s toys would require a safety feature under a measure advanced by senators Jan. 23.<\/p>\n
LB403, as introduced by Hastings Sen. Les Seiler, would have banned the sale of novelty lighters in Nebraska. Violation of the proposed law would be a Class IV misdemeanor, punishable by a fine up to $500. <\/p>\n
Adopted 31-3 on the third day of debate, an amendment brought by Ogallala Sen. Ken Schilz changed the bill to outlaw only lighters sold without a child-proof safety feature. The amendment \u201ckeeps in mind the safety of children,\u201d he said, \u201cand keeps the option to sell these items where appropriate.\u201d<\/p>\n
The bill defines a novelty lighter as a mechanical or electrical device typically used for lighting cigarettes, cigars or pipes and designed to resemble a cartoon character, toy, gun, watch, musical instrument, vehicle, animal, food or beverage container or a similar item that plays musical notes, has flashing lights or has more than one button or function.<\/p>\n
The law would not apply to lighters:
\n\u2022 manufactured prior to Jan. 1, 1980;
\n\u2022 incapable of being fueled or lacking a device necessary to produce combustion or flame; and
\n\u2022 that are disposable and printed or decorated with a logo, label, decal, artwork or heat shrinkable sleeve.<\/p>\n
Novelty lighters being transported through Nebraska or stored in nonretail facilities in the state also would be exempt from the ban.<\/p>\n
A Judiciary Committee amendment, adopted 35-0, added refillable standard lighters to the proposed list of exempted devices.<\/p>\n
Seiler said the bill would protect children from injury who might mistake a novelty lighter for a toy. The senator recounted his inspection of a tractor-shaped lighter that likely would send flames \u201cright in the chest\u201d of a child who played with it.<\/p>\n
Malcolm Sen. Ken Haar supported the bill, saying children have no way of telling the difference between a toy and a dangerous item such as a novelty lighter.<\/p>\n
\u201cCommon sense tells us that lighters that look like toys will cause harm,\u201d he said. \u201cThey\u2019re dangerous and not necessary.\u201d<\/p>\n
Papillion Sen. Bill Kintner opposed LB403, saying the responsibility of protecting children should be left to parents. He brought several technical amendments that either failed or were withdrawn.<\/p>\n
\u201cAt what point do we stop regulating parents?\u201d Kintner asked.<\/p>\n
Hoskins Sen. Dave Bloomfield said he opposed the bill because of the negative effects it could have on merchants who sell the lighters. Passing LB403 \u201cwould create another reason that makes Nebraska retail struggle,\u201d he said.<\/p>\n
Lincoln Sen. Colby Coash, who opposed the bill, introduced an amendment that would have delayed the bill\u2019s enactment date until Jan. 1, 2015. Coash said he was concerned that a ban on novelty lighters would burden retailers with products they could no longer sell. Moving the operative date of the law would give them a chance to exhaust their supply, he added.<\/p>\n
The amendment failed on a 17-29 vote.<\/p>\n
Bancroft Sen. Lydia Brasch brought an amendment that would have prevented the sale of novelty lighters to those younger than 18. Her amendment failed 10-25.<\/p>\n
Calling them \u201cattractive nuisances,\u201d Seiler compared toy-shaped lighters to other dangerous things children are drawn to, such as swimming pools. A ban on novelty lighters is no different from a law requiring pools to be surrounded by fences, he said. <\/p>\n
Omaha Sen. Ernie Chambers agreed.<\/p>\n
\u201cChildren need protection of society,\u201d he said.<\/p>\n
Senators advanced the amended bill to select file on a 33-5 vote.<\/p>\n","protected":false},"excerpt":{"rendered":"
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