Judiciary Committee
January 22, 2026
Committee Chair: Sen. Carolyn Bosn | Bills Heard: 8 | Full Transcript (PDF)
LB804: Establish confidential peer support counseling protections for law enforcement and emergency services employees
Introduced by: Sen. Dan Lonowski | Testimony: 12 proponents, 0 opponents, 0 neutral | Read bill text (PDF)
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 include narrow exceptions for mandatory reporting, criminal conduct, and threats of harm.
Why it matters: First responders encounter hundreds of traumatic incidents over their careers. Without confidentiality protections, officers avoid peer support despite research showing it's the most effective wellness intervention available. Nebraska has 88 of 93 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," testified Kevin Erickson, a retired officer pursuing a Ph.D. on peer support. Dr. Deb Hoffman of Nebraska State Patrol noted that without statutory protection, "many individuals are hesitant to access it because there's no legal protection." - Opponents: None testified.
By the numbers: LB804 received 12 proponent comments and zero opposition. Iowa, Illinois, Missouri, and Kansas have already enacted similar legislation. The Omaha Fire Department has lost 6 members to suicide in 11 years; among EMS providers surveyed, 86% reported critical incident stress and 37% contemplated suicide.
What's next: The three senators are working to combine the bills into one unified measure. No vote was taken at this hearing.
Committee sentiment: Supportive: Sen. Hallstrom
Sentiment estimated from questions and comments — not stated positions.
LB755: Establish confidential peer support programs for emergency service personnel
Introduced by: Sen. Dave Wordekemper | Testimony: 7 proponents, 0 opponents, 1 neutral | Read bill text (PDF)
Sen. Wordekemper's peer support bill emphasizes cross-agency flexibility and experienced retirees. LB755 distinguishes itself from companion bills by explicitly allowing first responders to seek peer support outside their own departments—critical in rural Nebraska where local resources are sparse—and by permitting retired personnel to serve as peer support specialists.
Why it matters: A firefighter in Omaha might prefer talking to a peer support specialist in Fremont rather than someone within their immediate circle. This flexibility, combined with detailed legislative intent, gives courts clear guidance on implementation while respecting agency autonomy.
What they're saying: - Proponents: "Peer support works because it meets first responders where they are," testified Leah O'Brien, a licensed clinician and spouse of a first responder. Matt Tennant, Omaha Fire captain, noted the Omaha Fire Department lost 6 members to suicide in 11 years and that peer support "serves as that bridge to higher levels of professional care." - Opponents: None testified.
By the numbers: LB755 received 7 proponent comments and 1 neutral comment. First responders witness approximately 800 critical incidents over 30-year careers versus 1-2 for civilians.
What's next: No vote was taken. The three senators are working to merge the bills into one unified measure with strongest elements from each proposal.
Committee sentiment: Supportive: Sen. Storm
Sentiment estimated from questions and comments — not stated positions.
LB816: Establish confidentiality and privilege protections for peer support communications with first responders
Introduced by: Sen. Tanya Storer | Testimony: 4 proponents, 0 opponents, 0 neutral | Read bill text (PDF)
Sen. Storer's bill provides statutory teeth to peer support programs already operating in Nebraska. LB816 establishes that if a law enforcement or emergency services agency has adopted a peer support program, communications within that program are privileged—similar to protections already afforded clergy, CISM teams, and mental health providers.
Why it matters: Many Nebraska agencies have peer support programs in place, but without legal protection, officers avoid using them. A State Trooper testified that during a critical shooting incident, peer support personnel were "reduced to essentially getting the involved officers some soda and food because everyone was too scared to have any form of communication."
What they're saying: - Proponents: "Without privilege, peer support is essentially useless in accomplishing what it is designed to do," testified Lucas Bolton of the State Troopers Association. Emily Ostdiek, a Hastings officer, said peer support confidentiality "could help officers take the first step towards help" and "could save someone's career, family, and life." - Opponents: None testified.
By the numbers: LB816 received 4 proponent comments. Among EMS providers surveyed, 86% reported critical incident stress; 37% contemplated suicide. A 2021 national survey found 44% of active law enforcement officers experiencing psychological distress, with 11% reporting severe distress.
What's next: No vote was taken. The three senators are combining elements from all three bills into one unified measure.
Committee sentiment: Supportive: Sen. Storer
Sentiment estimated from questions and comments — not stated positions.
LB795: Add Bromazolam to Schedule I controlled substances and make technical corrections to Uniform Controlled Substances Act
Introduced by: Sen. Barry DeKay | Testimony: 0 proponents, 0 opponents, 0 neutral | Read bill text (PDF)
DeKay's bill brings Nebraska in line with federal action on dangerous designer drug. LB795 adds Bromazolam—a counterfeit benzodiazepine increasingly mixed with fentanyl—to Nebraska's Schedule I controlled substances, matching federal temporary scheduling from January 2026 and actions by six other states.
Why it matters: Bromazolam is sold as fake Xanax and other prescription medications. Users don't know what they're taking. When mixed with fentanyl, the combination is particularly lethal because Narcan—the standard overdose reversal drug—is ineffective against Bromazolam.
What they're saying: - Proponents: DeKay noted that between April 2021 and July 2025, the DEA became aware of at least 240 overdose cases involving Bromazolam nationwide, with 189 resulting in fatality. "Scheduling the drug gives law enforcement and prosecutors the necessary tools to remove it from circulation and hold traffickers accountable." - Opponents: None testified.
By the numbers: Six states—Virginia, Nevada, New Mexico, North Dakota, West Virginia, and Kentucky—have already designated Bromazolam as Schedule I. The DEA temporarily scheduled it federally for 2 years with option to extend.
What's next: No vote was taken. No position comments were submitted. The bill also includes technical spelling corrections to three substances that Nebraska State Patrol identified as misspelled in current statute.
Committee sentiment: Supportive: Sen. Holdcroft, Sen. Storer, Sen. Rountree
Sentiment estimated from questions and comments — not stated positions.
LB727: Allow police officers to carry epinephrine for severe allergic reactions
Introduced by: Sen. Kathleen Kauth | Testimony: 6 proponents, 0 opponents, 1 neutral | Read bill text (PDF)
Kauth's bill gives police officers a tool they already use for opioid overdoses—but for allergic reactions. LB727 allows police departments to equip officers with epinephrine to treat severe anaphylaxis, a life-threatening allergic reaction. The bill is permissive, not mandatory, and requires training.
Why it matters: Police can carry Narcan to reverse opioid overdoses but cannot carry epinephrine despite anaphylaxis being equally time-sensitive and potentially fatal. Anaphylaxis can result from bee stings, insect bites, plant exposure, or food allergies and requires immediate treatment.
What they're saying: - Proponent: Sen. Kauth, who has carried epinephrine since age 8, noted that modern EpiPens and nasal spray formats are "so much quicker, easier, and safer" than older shot kit format. "Allowing police departments to make that decision on whether or not to carry it, I think is very important." - Opponents: None testified.
By the numbers: 6 proponent comments submitted; 1 neutral comment submitted.
What's next: No vote was taken. Kauth indicated willingness to work with committee on DHHS amendment to include nasal spray format. She waived closing statement.
Committee sentiment: Supportive: Sen. Holdcroft
Sentiment estimated from questions and comments — not stated positions.
LB817: Create weight-based fentanyl trafficking enhancements consistent with cocaine, heroin, and methamphetamine
Introduced by: Sen. Tanya Storer | Testimony: 2 proponents, 1 opponents, 0 neutral | Read bill text (PDF)
Storer's bill closes a dangerous gap: fentanyl dealers face lighter sentences than meth dealers. LB817 creates weight-based fentanyl trafficking enhancements matching those for cocaine, heroin, and methamphetamine—despite fentanyl being 50-100 times more potent. A dealer caught with 140 grams of meth faces 20 years to life; under current law, a fentanyl dealer faces at most a Class II felony unless someone dies.
Why it matters: Fentanyl is the leading cause of overdose deaths. In 2022, synthetic opioids accounted for 73,838 deaths—over 90% of all opioid deaths. Young Nebraskans think they're taking legitimate Xanax or Adderall but are poisoned by fentanyl manufactured in unregulated labs.
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 testified. Jordan Osborne, Assistant Attorney General, noted the "mixture or substance" standard is consistent with federal law and has been upheld as constitutional. - Opponents: Spike Eickholt, ACLU of Nebraska, argued the standard could result in 20-to-life sentences for possessing insignificant amounts of fentanyl mixed with legal substances, and raised a potential double jeopardy issue when fentanyl is mixed with other controlled substances.
By the numbers: 2 proponent comments; 1 opponent comment submitted. Between April 2021 and July 2025, DEA became aware of 240 overdose cases involving Bromazolam, with 189 resulting in fatality.
What's next: No vote was taken. Storer indicated openness to discussion but emphasized that "doing nothing is not the answer."
Committee sentiment: Supportive: Sen. Storm, Sen. Holdcroft, Sen. Rountree, Sen. Bosn
Sentiment estimated from questions and comments — not stated positions.
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 | Read bill text (PDF)
Hallstrom's annual housekeeping bill updates Nebraska's drug schedules to match federal law—with a last-minute fix. LB877 conforms Nebraska's controlled substance schedules to federal schedules and makes technical spelling corrections to three substances. But Hallstrom announced he'll propose an amendment removing 7-OH after State Patrol flagged testing equipment concerns.
Why it matters: States must keep pace with federal scheduling changes. The bill also corrects misspellings in 2,5-DMA, brorphine, and psilocin that Nebraska State Patrol identified during interim review.
What they're saying: - Proponent: Ryan McIntosh, Nebraska Pharmacists Association, praised the partnership with State Patrol and indicated the association will likely support merging LB795 (Bromazolam bill) into this bill for a comprehensive update. - Opponents: None testified.
By the numbers: 1 proponent comment; 1 neutral comment submitted.
What's next: No vote was taken. Hallstrom will prepare amendment removing 7-OH references to address State Patrol testing capability concerns and allow a clean bill to move forward.
Committee sentiment: Supportive: Sen. Rountree
Sentiment estimated from questions and comments — not stated positions.
LB831: Establish legal protections for healthcare businesses in substantial compliance with federal ethylene oxide safety regulations
Introduced by: Sen. Bob Hallstrom | Testimony: 3 proponents, 1 opponents, 0 neutral | Read bill text (PDF)
Hallstrom's bill shields medical device manufacturers from EtO litigation—but trial lawyers say it goes too far. LB831 would protect healthcare businesses using ethylene oxide sterilization from lawsuits if they comply with federal EPA regulations. Ethylene oxide sterilizes 95% of surgical instruments and 20 billion medical devices annually; there is no substitute.
Why it matters: The EPA tightened EtO regulations in 2024, requiring 90%+ emission reduction. The FDA warns that further restrictions could reduce sterilization capacity by 30-50%, disrupting access to critical medical devices. Hallstrom argues businesses need legal certainty to invest in Nebraska.
What they're saying: - Proponents: "LB831 provides certainty and fairness in how claims against ethylene oxide sterilizers are handled," testified Dawson Brunswick, Columbus Chamber president. Bobby Patrick, AdvaMed, noted that 99.94% of EtO is destroyed, with only 0.6% emitted, under strict federal standards. - Opponents: Elizabeth Govaerts, Nebraska Association for Trial Attorneys, argued the bill creates "so many hurdles that it is effectively an immunity bill" by imposing a clear and convincing standard (higher than negligence standard) and making federal compliance dispositive. She noted EPA found unsafe EtO levels in a 4-mile radius around Columbus BD plant in 2022 and questioned whether public health studies have been conducted.
By the numbers: 0 proponent comments; 2 opponent comments submitted. BD has invested $145 million and created 170 jobs in Columbus since August 2025.
What's next: No vote was taken. Hallstrom indicated openness to discussion with trial attorneys and noted he is willing to work on amendments.
Committee sentiment: Supportive: Sen. Holdcroft, Sen. Bosn, Sen. Storer Skeptical: Sen. Rountree
Sentiment estimated from questions and comments — not stated positions.
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 bills (LB804, LB755, LB816) were heard in a combined hearing with 11 testifiers indicating they would testify on one or more of the bills. The three senators introducing these bills indicated they are working together to combine the bills into one unified measure with the strongest elements from each proposal. No votes were taken on any bills during this hearing.
Generated by NE Wire Service | Source: Nebraska Legislature Transcribers Office This is an AI-generated summary. Verify all claims against the official transcript.