Judiciary Committee
January 23, 2025
Committee Chair: Sen. Carolyn Bosn | Bills Heard: 7 | Full Transcript (PDF)
LB5: Opioid antagonist approval for overdose treatment
Introduced by: Sen. Carolyn Bosn | Testimony: 2 proponents, 0 opponents, 0 neutral | Read bill text (PDF)
Bosn advances opioid overdose reversal bill, plans to support Meyer's identical LB195 instead. The joint hearing on LB5 and LB195 focused on expanding Nebraska's standing order for opioid antagonists beyond the brand name Naloxone to include generic alternatives and future medications. Why it matters: The change could save lives by ensuring broader access to lifesaving drugs in rural areas and allowing the law to adapt as new treatments emerge without requiring future legislative action. What they're saying: Dr. Janousek and Dr. Donovick from DHHS testified that the broader language—"opioid overdose reversal medication" instead of "opioid antagonist"—accommodates innovations like Nalmefene and future drugs while maintaining safety. Sen. Hallstrom raised questions about whether over-the-counter medications should be explicitly covered. By the numbers: Seven letters of support for LB5; four proponents for LB195; zero opponents for either bill. What's next: No vote was taken. Sen. Bosn indicated she will support LB195 instead of her own bill, as both accomplish the same goal. The committee will likely advance one of the bills to General File.
Committee sentiment: Supportive: Sen. Hallstrom, Sen. Storm
Sentiment estimated from questions and comments — not stated positions.
LB195: Opioid overdose reversal medication standing order expansion
Introduced by: Sen. Glen Meyer | Testimony: 2 proponents, 0 opponents, 0 neutral | Read bill text (PDF)
Meyer's opioid reversal bill aims to modernize Nebraska's standing order with broader medication language. LB195 would expand the state's opioid overdose reversal protocol by replacing specific drug names with a broader category that encompasses generics and future treatments. Why it matters: With 82,000 Americans dying from opioid overdose annually and 112 opioid-related deaths in Nebraska in 2022, expanding access to proven lifesaving medications without legislative delays could prevent deaths. What they're saying: Sen. Meyer emphasized that generic Naloxone (Narcan) has been FDA-approved since 2019 and is cheaper than brand names. DHHS officials testified the broader language allows the statute to accommodate innovations like Nalmefene without requiring future bills. Sen. Hallstrom raised questions about whether over-the-counter products should be explicitly covered. By the numbers: Four letters of support; zero opponents. What's next: No vote taken. Sen. Bosn indicated she will support LB195 instead of her own LB5, as both accomplish identical goals. The committee is expected to advance one bill to General File.
Committee sentiment: Supportive: Sen. Hallstrom, Sen. McKinney
Sentiment estimated from questions and comments — not stated positions.
LB184: Restrict nitrous oxide sales at tobacco specialty stores
Introduced by: Sen. Barry DeKay | Testimony: 1 proponents, 0 opponents, 0 neutral | Read bill text (PDF)
DeKay targets nitrous oxide sales at vape shops with bill restricting point-of-sale access. LB184 would prohibit tobacco specialty stores from selling nitrous oxide products and objects designed for recreational inhalation, while allowing continued culinary use at legitimate businesses. Why it matters: Nitrous oxide misuse among youth is surging with predatory marketing through social media; the drug causes permanent nerve and brain damage by deactivating vitamin B12. Among ages 12-25, roughly 1.3 million Americans used inhalants in 2023. What they're saying: Sarah Linden, owner of 16 Nebraska vape stores, testified her company refuses to sell nitrous oxide despite market demand. She explained Galaxy Gas is marketed as a whipped cream charger but sold in colorful, flavored packages clearly targeting recreational use. She shared a personal story of passing out at age 15 after inhaling nitrous oxide. By the numbers: 1.3 million inhalant users ages 12-25 in 2023; Michigan and Louisiana have passed similar restrictions. What's next: No vote taken. Sen. McKinney suggested expanding the bill to include liquor stores and gas stations. Sen. DeKay indicated openness to amendments and emphasized the bill is a first step toward broader protections.
Committee sentiment: Supportive: Sen. Hallstrom, Sen. McKinney, Sen. DeKay
Sentiment estimated from questions and comments — not stated positions.
LB124: Harmonize penalties for motor vehicle homicide of unborn child while DUI
Introduced by: Sen. Rick Holdcroft | Testimony: 4 proponents, 1 opponents, 0 neutral | Read bill text (PDF)
Holdcroft seeks to harmonize DUI homicide penalties for unborn children with those for other victims. LB124 would raise the maximum penalty for motor vehicle homicide of an unborn child while driving under the influence from 3 years to 20 years, matching the penalty for killing any other person in the same circumstances. Why it matters: Nebraska is an outlier—all other fatal crimes carry identical penalties regardless of whether the victim is born or unborn, but this one exception creates a 17-year sentencing gap. The bill addresses a real problem: a 2022 case where a drunk driver killed a pregnant woman, her unborn son, and her best friend. What they're saying: Darla Bengtson, mother of the unborn victim, testified that the driver was sentenced 2 years, 6 days ago—meaning he would have already served his time for killing her unborn son under current law. Ryan Lindberg, a deputy county attorney, said the discrepancy has no good explanation. Spike Eickholt, representing criminal defense attorneys, argued increasing penalties doesn't deter crime and may discourage defendants from litigating. By the numbers: Three letters of support; one letter of opposition. What's next: No vote taken. The bill advanced 6-1 last year but came too late in the session. Holdcroft hopes earlier timing this year will allow passage.
Committee sentiment: Supportive: Sen. McKinney, Sen. Storm
Sentiment estimated from questions and comments — not stated positions.
LB93: Pretrial discovery access to electronic devices and expert testimony disclosure
Introduced by: Sen. George Dungan | Testimony: 2 proponents, 1 opponents, 0 neutral | Read bill text (PDF)
Dungan seeks to clarify defense access to electronic devices for independent testing, with county attorneys seeking guardrails. LB93 would amend pretrial discovery statutes to explicitly allow courts to order prosecutors to make electronic devices available to defense experts for testing, similar to existing DNA testing provisions. Why it matters: Digital evidence in phones and computers can be critical for proving innocence or establishing mitigating facts, but some judges believe they lack statutory authority to grant defense access. The bill clarifies that judges can order such access with appropriate safeguards. What they're saying: Defense attorney Mallory Hughes provided a case where a client was charged based on a screenshot the accuser had fabricated by changing the name. Without phone access, authentication was impossible. County attorneys testified their main concerns are protecting victims from harassment and preventing indefinite device retention—issues they say are curable with proper language. By the numbers: NACO estimates $750,000 annually in additional county costs; Attorney General anticipates negligible state cost. What's next: No vote taken. Sen. Dungan indicated openness to amendments addressing county attorney concerns and stated he received proposed language just before the hearing. The parties are continuing to work on language to address guardrails and protective orders.
Committee sentiment: Supportive: Sen. DeBoer, Sen. Bosn Skeptical: Sen. Hallstrom, Sen. Storer
Sentiment estimated from questions and comments — not stated positions.
LB26: Expand assault protections to all hospital and clinic employees
Introduced by: Sen. Beau Ballard | Testimony: 3 proponents, 2 opponents, 0 neutral | Read bill text (PDF)
Ballard expands assault protections to all hospital staff, but mental health concerns loom. LB26 would extend felony assault protections from only licensed health care professionals to all hospital and clinic employees, addressing a disparity where security officers and housekeeping staff receive lesser protection than doctors. Why it matters: Health care is now more dangerous than law enforcement; 75% of workplace assaults occur in health care settings, with violence up 36% in the past year. Nearly 1 in 5 incidents target non-licensed staff who are often lowest-paid and most vulnerable. What they're saying: Anthony Ashby from CHI Health testified that 1,900+ incidents occurred across Nebraska hospitals in 3.5 years, costing $1.5 million in workers compensation claims. Tammy Winterboer from Nebraska Medicine noted they file complaints in less than 5% of assaults because behavioral emergency response teams assess clinical diagnoses first. Spike Eickholt, representing criminal defense attorneys, warned the bill applies to every employee regardless of patient contact and expressed concern about impact on individuals experiencing mental health crises. By the numbers: 1,900+ incidents in 3.5 years; 36% increase in past year; 75% of workplace assaults in health care. What's next: No vote taken. Sen. McKinney and others raised concerns about mental health exceptions. Sen. Ballard indicated openness to working with committee to narrow definition and address mental health concerns.
Committee sentiment: Supportive: Sen. Hallstrom Skeptical: Sen. McKinney, Sen. Storer, Sen. Rountree
Sentiment estimated from questions and comments — not stated positions.
LB80: Consolidate protection order statutes under single Protection Orders Act
Introduced by: Sen. Bob Hallstrom | Testimony: 2 proponents, 2 opponents, 0 neutral | Read bill text (PDF)
Hallstrom consolidates three protection order statutes, but 2-year duration extension draws opposition. LB80 would streamline Nebraska's confusing system of three separate protection orders (harassment, domestic abuse, sexual assault) into a single Protection Orders Act, while allowing judges discretion to issue initial orders for up to 2 years instead of the fixed 1-year term. Why it matters: Survivors currently must navigate three different statutes with different standards and remedies. Requiring annual renewal forces trauma survivors to relive their experiences in court. Longer orders provide greater stability—34 states already allow longer durations, and research shows 70% reduction in physical abuse with extended protection. What they're saying: Melanie Kirk from the Nebraska Coalition testified that consolidation is long overdue and that 45-day renewal windows can create dangerous gaps when hearings aren't scheduled before expiration. Spike Eickholt, representing criminal defense attorneys, expressed concern about consensual protection order violations where victims change their minds and want respondents back, fearing judges will default to maximum 2-year terms. By the numbers: 34 states have longer durations than Nebraska; 21 allow 3+ years immediately; research shows 70% reduction in physical abuse with extended orders. What's next: No vote taken. Bar Association indicated it will finalize its position Friday of the following week. Sen. Hallstrom indicated he will work with opponents on the 2-year provision but remains committed to that policy.
Committee sentiment: Supportive: Sen. Bosn, Sen. McKinney, Sen. DeBoer
Sentiment estimated from questions and comments — not stated positions.
Session Notes
Committee heard six bills total. Hearing began at approximately 1:30 p.m. and concluded around 4:35 p.m. Committee took a brief 5-minute recess between LB93 and LB26 hearings. Several senators had to leave for other committee hearings during the session. No votes were taken on any bills during this hearing; all bills will be considered in executive session. Multiple bills had amendments discussed or proposed, with introducers indicating openness to working with committee members on refinements. Several bills generated significant testimony from both proponents and opponents, indicating contentious issues that may require further negotiation before advancement.
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