Judiciary Committee

January 22, 2026

Committee Chair: Sen. Carolyn Bosn | Bills Heard: 8 | Full Transcript (PDF)

LB804: Establishes confidential peer support counseling protections for law enforcement and emergency services employees

Introduced by: Sen. Dan Lonowski | Testimony: 12 proponents, 0 opponents, 0 neutral

Three senators advance identical peer support confidentiality bills for first responders. LB804, LB755, and LB816 would shield law enforcement and emergency services personnel from having confidential peer support conversations used against them in court or disciplinary proceedings. The bills are not competing measures—Sens. Lonowski, Storer, and Wordekemper are working to combine them into one final bill.

Why it matters: First responders encounter hundreds of traumatic events over their careers. Without confidentiality protections, officers avoid peer support despite research showing it's the most effective wellness intervention available. Nebraska has 88 counties with mental health professional shortages, making peer support critical infrastructure.

What they're saying: - Proponents: "Peer support only works when first responders trust it, and that trust only exists when confidentiality is clear" (Kevin Erickson, retired officer and peer support specialist). Dr. Deb Hoffman (Nebraska State Patrol): peer support rated most effective wellness service by officers. Protections include clear exceptions for mandatory reporting, criminal conduct, and threats of harm. - Opponents: None testified.

By the numbers: LB804 had 12 proponents, zero opponents. LB755 had 7 proponent comments and 1 neutral. LB816 had 4 proponent comments. Multiple testifiers cited studies showing 44% of active law enforcement officers experience psychological distress; 86% of EMS providers report critical incident stress.

What's next: No vote taken. The three senators plan to present a unified amendment combining the strongest elements of all three bills.

LB755: Establishes confidential peer support programs for emergency service personnel

Introduced by: Sen. Dave Wordekemper | Testimony: 7 proponents, 0 opponents, 1 neutral

What's next: No vote taken. The three senators plan to present a unified amendment combining the strongest elements of all three bills.

LB816: Establishes confidentiality and privilege protections for peer support communications with first responders

Introduced by: Sen. Tanya Storer | Testimony: 4 proponents, 0 opponents, 0 neutral

What's next: No vote taken. The three senators plan to present a unified amendment combining the strongest elements of all three bills.

LB795: Adds Bromazolam as Schedule I controlled substance and makes technical corrections to Uniform Controlled Substances Act

Introduced by: Sen. Barry DeKay | Testimony: 0 proponents, 0 opponents, 0 neutral

DeKay advances bill to criminalize Bromazolam, a designer drug increasingly mixed with fentanyl. LB795 would add Bromazolam to Nebraska's Schedule I controlled substances list, aligning state law with federal temporary scheduling enacted January 14, 2026. The bill also corrects misspellings of three substances in the Uniform Controlled Substances Act.

Why it matters: Bromazolam, a Xanax copycat, is increasingly found in counterfeit pills and mixed with fentanyl. Unlike fentanyl, Narcan cannot reverse Bromazolam overdoses, making combined overdoses particularly lethal. The DEA documented at least 240 overdose cases involving Bromazolam between April 2021 and July 2025, with 189 resulting in death.

What they're saying: DeKay noted that six states—Virginia, Nevada, New Mexico, North Dakota, West Virginia, and Kentucky—have already designated Bromazolam as Schedule I. "Because Bromazolam is available without prescription, many users are unaware of its dangers until they take it and potentially overdose."

By the numbers: 240 overdose cases involving Bromazolam documented by DEA; 189 resulted in fatality. No significant Bromazolam issues reported in Nebraska to date, but bill is proactive.

What's next: No testimony received. No vote taken. No position comments submitted.

LB727: Allows police officers to carry epinephrine (EpiPen or nasal spray) for severe allergic reactions

Introduced by: Sen. Kathleen Kauth | Testimony: 6 proponents, 0 opponents, 1 neutral

Kauth advances bill to let police officers carry epinephrine for severe allergic reactions. LB727 would allow police departments to equip officers with epinephrine (EpiPen or nasal spray) to treat anaphylaxis, the same way they carry Narcan for opioid overdoses. The bill does not mandate the practice; departments decide whether to participate.

Why it matters: Severe allergic reactions can be triggered by bee stings, insects, plants, or food and can be fatal if untreated. Police officers are often first responders to medical emergencies but currently lack legal authority to carry epinephrine, despite carrying Narcan.

What they're saying: Kauth, who has carried epinephrine since age 8, noted that modern EpiPens and nasal spray are "so much quicker, easier, and safer" than older syringe-based formats. "Allowing police departments to make that decision on whether or not to carry it, I think is very important."

By the numbers: 6 proponent comments submitted; 1 neutral comment; no opponent comments.

What's next: No testimony received. No vote taken. Kauth indicated willingness to work with committee on DHHS amendment to include nasal spray format.

LB817: Creates weight-based enhancements for fentanyl distribution offenses

Introduced by: Sen. Tanya Storer | Testimony: 2 proponents, 1 opponents, 0 neutral

Storer advances bill to impose harsher penalties for fentanyl trafficking, creating parity with other dangerous drugs. LB817 would establish weight-based enhancements for fentanyl distribution: 140 grams or more triggers a Class IB felony (20 years to life), matching penalties for methamphetamine, cocaine, and heroin. Currently, fentanyl dealers face lighter sentences despite fentanyl being 50-100 times more potent.

Why it matters: Fentanyl is the leading cause of overdose deaths in America. Just 2 milligrams—the amount that fits on a pencil tip—can be lethal. Yet Nebraska law treats fentanyl dealers more leniently than dealers of less dangerous drugs, creating an "unconscionable disparity."

What they're saying: - Proponents: "Fentanyl is considerably more dangerous than methamphetamine, cocaine, or heroin. Yet, a fentanyl dealer will receive a much lighter sentence" (Storer). Jordan Osborne (AG's Office): The mixture rule is consistent with federal law and existing state statutes for cocaine and heroin. - Opponents: Spike Eickholt (ACLU/Defense Attorneys): The mixture rule could result in 20-to-life sentences for possession of insignificant fentanyl amounts mixed with legal substances. Raised potential double jeopardy concerns when fentanyl is mixed with other controlled substances.

By the numbers: 2 proponent comments; 1 opponent comment. CDC data: synthetic opioids (including fentanyl) caused 73,838 deaths in 2022, over 90% of total opioid deaths.

What's next: No vote taken. Storer indicated openness to discussion with opponents about concerns.

LB877: Annual update of Nebraska Uniform Controlled Substances Act to conform to federal schedules

Introduced by: Sen. Bob Hallstrom | Testimony: 1 proponents, 0 opponents, 1 neutral

Hallstrom advances annual controlled substances update with amendment to address testing concerns. LB877 updates Nebraska's drug schedules to match federal classifications. Sen. Hallstrom announced he will propose an amendment removing 7-OH references after the Nebraska State Patrol raised concerns about whether they have proper testing equipment to detect and identify 7-OH products.

Why it matters: Annual conformity with federal schedules keeps state law current with emerging drug threats. The amendment addresses concerns from last year's kratom regulation (LB230), which prohibited kratom products with less than 2% alkaloid components.

What they're saying: Hallstrom: "I think there's a misconception as to what we're doing. We, in fact, based on the definition of 7-OH that we have with the greater than 2%, we are actually proposing to criminalize only those things that are prohibited under LB230 from last year." Ryan McIntosh (Pharmacists Association): The association will likely support incorporating the Bromazolam bill (LB795) into this legislation.

By the numbers: 1 proponent comment; 1 neutral comment; no opponent comments.

What's next: No vote taken. Hallstrom will prepare amendment removing 7-OH references for committee consideration.

LB831: Establishes legal protections for healthcare businesses in substantial compliance with federal safety laws regarding ethylene oxide exposure

Introduced by: Sen. Bob Hallstrom | Testimony: 3 proponents, 1 opponents, 0 neutral

Hallstrom advances bill to shield medical device manufacturers from EtO exposure lawsuits if they comply with federal standards. LB831 would protect healthcare businesses in substantial compliance with federal safety laws from state court liability for ethylene oxide exposure. The bill requires plaintiffs to have actual physical injury and plead with particularity, and applies a clear and convincing evidence standard.

Why it matters: Ethylene oxide sterilizes 20 billion medical devices annually—95% of surgical instruments depend on it. The EPA's 2024 regulations are among the strictest in history, requiring 90% emission reduction. Without legal certainty, manufacturers may relocate, threatening Nebraska's medtech sector. BD in Columbus has invested $145 million and created 170 jobs since August 2025.

What they're saying: - Proponents: "Businesses should not be punished in state court for following the strict rules already set in place by the federal government" (Hallstrom). Bobby Patrick (AdvaMed): "There is no alternative" to EtO for most medical devices. - Opponents: Elizabeth Govaerts (Trial Attorneys): The bill "creates so many hurdles that it is effectively an immunity bill" by imposing a clear and convincing evidence standard (higher than negligence standard) and requiring pleading with particularity that is "impossible to know pre-suit." Raised constitutional separation of powers concerns.

By the numbers: 3 proponent comments; 1 opponent comment. EPA 2024 NESHAP requires 90% emission reduction; companies achieve 99.4% destruction rates.

What's next: No vote taken. Hallstrom indicated willingness to sit down with trial lawyers to discuss potential amendments.

Session Notes

The Judiciary Committee held a full day of hearings on January 22, 2026. Committee Chair Carolyn Bosn (District 25) presided. Vice Chair Wendy DeBoer (District 10) was watching online. Present committee members included Sens. Bob Hallstrom (District 1), Jared Storm (District 23), Tanya Storer (District 43), and Rick Holdcroft (District 36). Legal counsel Denny Vaggalis and committee clerk Laurie Vollertsen assisted. Pages were Kyanne Casperson, Kleh Say, and Thomas Guinan. The committee heard eight bills total. Three peer support confidentiality bills (LB804, LB755, LB816) were heard in a combined hearing with 11 testifiers present. The three bills are not competing measures; the introducers are working to combine them into one final bill. Sen. Lonowski proposed AM1749 to remove Nebraska National Guard from LB804. Sen. Hallstrom announced an amendment to LB877 to remove 7-OH references due to Nebraska State Patrol testing equipment concerns. Sen. Hallstrom indicated openness to working with trial lawyers on potential amendments to LB831.

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