LB1288 LB1288
2024 2024
LEGISLATIVE BILL 1288
Approved by the Governor April 16, 2024
Introduced by Raybould, 28; Conrad, 46; Day, 49.
A BILL FOR AN ACT relating to tribal matters; to amend sections 53-167.02,
53-180.06, 69-2404, 69-2430, 71-901, 71-902, 71-903, 71-910, 71-912,
71-919, 71-920, 71-926, 71-929, 71-936, 71-937, 71-939, 71-958, 71-961,
71-1201, 71-1203, 71-1204, 71-1206, 71-1210, 71-1213, 71-1220, 71-1221,
and 71-1223, Reissue Revised Statutes of Nebraska, section 83-338, Revised Statutes Cumulative Supplement, 2022, and section 28-1202.03, Revised Statutes Supplement, 2023; to allow the use of tribal enrollment cards for proof of age and identity for certain firearm and alcohol laws; to provide for recognition of tribal mental health and dangerous sex offender commitment orders as prescribed; to provide for tribal law enforcement officers to take a subject into emergency protective custody; to provide for transportation of and commitment of persons committed under tribal law and for payment of related costs; to define and redefine terms; to eliminate obsolete provisions; to harmonize provisions; to provide operative dates; and to repeal the original sections.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 28-1202.03, Revised Statutes Supplement, 2023, is amended to read:
28-1202.03 (1)(a) This section applies to a person who is not otherwise prohibited by state law from possessing or carrying a concealed handgun.
(b) This section does not apply to a qualified law enforcement officer or
qualified retired law enforcement officer carrying a concealed handgun pursuant to 18 U.S.C. 926B or 926C, respectively, as such sections existed on January 1,
2023.
(2) Except as provided in subsection (3) of this section, any time a person is carrying a concealed handgun, such person shall also carry such person's identification document. The person shall display the identification document when asked to do so by a peace officer or by emergency services personnel.
(3) A person is not required to comply with this section if:
(a) Such person is storing or transporting a handgun in a motor vehicle for any lawful purpose or transporting a handgun directly to or from a motor vehicle to or from any place where such handgun may be lawfully possessed or
carried by such person; and
(b) Such handgun is unloaded, kept separate from ammunition, and enclosed in a case.
(4) For purposes of this section:
(a) Emergency services personnel means a volunteer or paid firefighter or
rescue squad member or a person licensed to provide emergency medical services pursuant to the Emergency Medical Services Practice Act or authorized to
provide emergency medical services pursuant to the EMS Personnel Licensure Interstate Compact; and
(b) Identification document means a valid:
(i) Driver's or operator's license;
(ii) State identification card;
(iii) Military identification card;
(iv) Alien registration card; or
(v) Passport; or .
(vi) Tribal enrollment card; and
(c) Tribal enrollment card means an identification document:
(i) Issued by a tribe which is recognized by a state or the federal government; and
(ii) Which contains a photograph of the person identified and such person's date of birth.
(5) A violation of this section is a Class III misdemeanor for a first offense and a Class I misdemeanor for any second or subsequent offense.
Sec. 2. Section 53-167.02, Reissue Revised Statutes of Nebraska, is amended to read:
53-167.02 (1) When any person licensed to sell alcoholic liquor at retail sells alcohol for consumption off the premises in a container with a liquid capacity of five or more gallons or eighteen and ninety-two hundredths or more liters, the seller shall record the date of the sale, the keg identification number, the purchaser's name and address, and the number of the purchaser's motor vehicle operator's license, state identification card, tribal enrollment card as defined in section 28-1202.03, or military identification, if such military identification contains a picture of the purchaser, together with the purchaser's signature. Such record shall be on a form prescribed by the commission and shall be kept by the licensee at the retail establishment where the purchase was made for not less than six months.
(2) The commission shall adopt and promulgate rules and regulations which require the licensee to place a label on the alcohol container, which label shall at least contain a keg identification number and shall be on a form
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prescribed by the commission. Such label shall be placed on the keg at the time of retail sale. The licensee shall purchase the forms referred to in this section from the commission. The cost incurred to produce and distribute such forms shall be reasonable and shall not exceed the reasonable and necessary costs of producing and distributing the forms. Any money collected by the commission relating to the sale of such forms shall be credited to the Nebraska Liquor Control Commission Rule and Regulation Cash Fund.
(3) The keg identification number for each container shall be registered with the commission. The records kept pursuant to this section shall be
available for inspection by any law enforcement officer during normal business hours or at any other reasonable time. Any person violating this section shall,
upon conviction, be guilty of a Class III misdemeanor.
Sec. 3. Section 53-180.06, Reissue Revised Statutes of Nebraska, is amended to read:
53-180.06 (1) To establish proof of age for the purpose of purchasing or
consuming alcoholic liquor, a person shall present or display only a valid driver's or operator's license, state identification card, military identification card, alien registration card, or passport, or tribal enrollment card as defined in section 28-1202.03.
(2) Every holder of a retail license may maintain, in a separate book, a record of each person who has furnished documentary proof of age for the purpose of making any purchase of alcoholic liquor. The record shall show the name and address of the purchaser, the date of the purchase, and a description of the identification used and shall be signed by the purchaser.
Sec. 4. Section 69-2404, Reissue Revised Statutes of Nebraska, is amended to read:
69-2404 Any person desiring to purchase, lease, rent, or receive transfer of a handgun shall apply with the chief of police or sheriff of the applicant's place of residence for a certificate. The application may be made in person or
by mail. The application form and certificate shall be made on forms approved by the Superintendent of Law Enforcement and Public Safety. The application shall include the applicant's full name, address, date of birth, and country of
citizenship. If the applicant is not a United States citizen, the application shall include the applicant's place of birth and his or her alien or admission number. If the application is made in person, the applicant shall also present
a current Nebraska motor vehicle operator's license, state identification card,
or military identification card, or tribal enrollment card as defined in
section 28-1202.03. If or if the application is made by mail, the application form shall describe the license or card used for identification and be
notarized by a notary public who has verified the identification of the applicant through such a license or card. An applicant shall receive a certificate if he or she is twenty-one years of age or older and is not prohibited from purchasing or possessing a handgun by 18 U.S.C. 922. A fee of
five dollars shall be charged for each application for a certificate to cover the cost of a criminal history record check.
Sec. 5. Section 69-2430, Reissue Revised Statutes of Nebraska, is amended to read:
69-2430 (1) Application for a permit to carry a concealed handgun shall be
made in person at any Nebraska State Patrol Troop Headquarters or office provided by the patrol for purposes of accepting such an application. The applicant shall present a current Nebraska motor vehicle operator's license,
Nebraska-issued state identification card, or military identification card, or tribal enrollment card as defined in section 28-1202.03 and shall submit two legible sets of fingerprints for a criminal history record information check pursuant to section 69-2431. The application shall be made on a form prescribed by the Superintendent of Law Enforcement and Public Safety. The application shall state the applicant's full name; , motor vehicle operator's license number, or state identification card number, or tribal enrollment card number;
address; , and date of birth and contain the applicant's signature and shall include space for the applicant to affirm that he or she meets each and every one of the requirements set forth in section 69-2433. The applicant shall attach to the application proof of training and proof of vision as required in
subdivision (3) of section 69-2433.
(2) A person applying for a permit to carry a concealed handgun who gives false information or offers false evidence of his or her identity is guilty of
a Class IV felony.
(3)(a) Until January 1, 2010, the permit to carry a concealed handgun shall be issued by the Nebraska State Patrol within five business days after completion of the applicant's criminal history record information check, if the applicant has complied with this section and has met all the requirements of
section 69-2433.
(3) The (b) Beginning January 1, 2010, the permit to carry a concealed handgun shall be issued by the Nebraska State Patrol within forty-five days after the date an application for the permit has been made by the applicant if
the applicant has complied with this section and has met all the requirements of section 69-2433.
(4) An applicant denied a permit to carry a concealed handgun may appeal to the district court of the judicial district of the county in which he or she resides or the county in which he or she applied for the permit pursuant to the Administrative Procedure Act.
Sec. 6. Section 71-901, Reissue Revised Statutes of Nebraska, is amended to read:
71-901 Sections 71-901 to 71-963 and sections 9, 12, 13, and 15 of this
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act shall be known and may be cited as the Nebraska Mental Health Commitment Act.
Sec. 7. Section 71-902, Reissue Revised Statutes of Nebraska, is amended to read:
71-902 The purpose of the Nebraska Mental Health Commitment Act is to provide for the treatment of persons who are mentally ill and dangerous. It is
the public policy of the State of Nebraska that mentally ill and dangerous persons be encouraged to obtain voluntary treatment. If voluntary treatment is
not obtained, such persons shall be subject to involuntary custody and treatment only after mental health board proceedings as provided by the Nebraska Mental Health Commitment Act or upon the order of a tribal court. Such persons shall be subjected to emergency protective custody under limited conditions and for a limited period of time.
Sec. 8. Section 71-903, Reissue Revised Statutes of Nebraska, is amended to read:
71-903 For purposes of the Nebraska Mental Health Commitment Act, unless the context otherwise requires, the definitions found in sections 71-904 to
71-914 and sections 9, 12, and 13 of this act shall apply.
Sec. 9. Indian country has the same meaning as in 18 U.S.C. 1151, as such section existed on January 1, 2024.
Sec. 10. Section 71-910, Reissue Revised Statutes of Nebraska, is amended to read:
71-910 (1) Peace officer or law enforcement officer means a sheriff, a jailer, a marshal, a police officer, or an officer of the Nebraska State Patrol.
(2) Peace officer or law enforcement officer includes a member of a tribal police department or federal law enforcement officer duly authorized to assert law enforcement powers by a tribe in the State of Nebraska.
Sec. 11. Section 71-912, Reissue Revised Statutes of Nebraska, is amended to read:
71-912 (1) Subject means any person concerning whom a certificate or
petition has been filed under the Nebraska Mental Health Commitment Act.
Subject does not include any person under eighteen years of age unless such person is an emancipated minor.
(2) Subject also includes a person who is a member of a tribe or eligible for membership in a tribe, who is domiciled within Indian country in Nebraska,
and concerning whom mental health involuntary commitment or emergency protective custody proceedings have been initiated under tribal law.
Sec. 12. Tribe or tribal means an Indian tribe or band which is located in whole or in part within Nebraska and which is recognized by federal law or
formally acknowledged by the state.
Sec. 13. Tribal court means a court or tribunal authorized by a tribe to
adjudicate legal disputes and carry out the administration of justice in
accordance with tribal law.
Sec. 14. Section 71-919, Reissue Revised Statutes of Nebraska, is amended to read:
71-919 (1)(a) (1) A law enforcement officer who has probable cause to
believe that a person is mentally ill and dangerous or a dangerous sex offender and that the harm described in section 71-908 or subdivision (1) of section
83-174.01 is likely to occur before mental health board proceedings under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act may be
initiated to obtain custody of the person may take a such person into emergency protective custody, cause him or her to be taken into emergency protective custody, or continue his or her custody if he or she is already in custody if
the officer has probable cause to believe: .
(i) Such person is mentally ill and dangerous or a dangerous sex offender and that the harm described in section 71-908 or subdivision (1) of section
83-174.01 is likely to occur before mental health board proceedings under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act may be
initiated to obtain custody of the person; or
(ii) For a person domiciled within Indian country in Nebraska, that such person is mentally ill and dangerous or a dangerous sex offender under tribal law and that harm comparable to that described in section 71-908 or subdivision
(1) of section 83-174.01 or the equivalent under tribal law is likely to occur before mental health proceedings under tribal law may be initiated to obtain custody of the person.
(b) Such person shall be admitted to an appropriate and available medical facility, jail, or Department of Correctional Services facility as provided in
subsection (2) of this section.
(c)(i) Except as provided in subdivision (1)(c)(ii) of this section, each Each county shall make arrangements with appropriate facilities inside or
outside the county for such purpose and shall pay the cost of the emergency protective custody of persons from such county in such facilities.
(ii) For a subject domiciled within Indian country in Nebraska for whom emergency protective custody is initiated under tribal law, the tribe shall make arrangements with appropriate facilities inside or outside the tribe for such purpose and shall make arrangements for payment of the cost of the emergency protective custody of persons from such tribe in such facilities.
(d) A mental health professional who has probable cause to believe that a person is mentally ill and dangerous or a dangerous sex offender may cause such person to be taken into custody and shall have a limited privilege to hold such person until a law enforcement officer or other authorized person arrives to
take custody of such person.
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(2)(a) A person taken into emergency protective custody under this section shall be admitted to an appropriate and available medical facility unless such person has a prior conviction for a sex offense listed in section 29-4003.
(b) A person taken into emergency protective custody under this section who has a prior conviction for a sex offense listed in section 29-4003 shall be
admitted to a jail or Department of Correctional Services facility unless a medical or psychiatric emergency exists for which treatment at a medical facility is required. The person in emergency protective custody shall remain at the medical facility until the medical or psychiatric emergency has passed and it is safe to transport such person, at which time the person shall be
transferred to an available jail or Department of Correctional Services facility.
(3)(a) Except as provided in subdivision (3)(b) of this section, upon (3)
Upon admission to a facility of a person taken into emergency protective custody by a law enforcement officer under this section, such officer shall execute a written certificate prescribed and provided by the Department of
Health and Human Services. The certificate shall allege the officer's belief that the person in custody is mentally ill and dangerous or a dangerous sex offender and shall contain a summary of the person's behavior supporting such allegations. A copy of such certificate shall be immediately forwarded to the county attorney.
(b) In the case of a subject domiciled within Indian country who is taken into emergency protective custody by a law enforcement officer under tribal law, upon admission to a facility, such officer shall execute written documentation in a format provided by the tribe. At a minimum, such documentation shall clearly identify the subject, identify the relevant tribe,
allege the officer's belief that the person in custody is mentally ill and dangerous or a dangerous sex offender under tribal law, and contain a summary of the subject's behavior supporting such allegations. A copy of such documentation shall be immediately forwarded to the appropriate tribal prosecutor or tribal official.
(4) The administrator of the facility shall have such person evaluated by
a mental health professional as soon as reasonably possible but not later than thirty-six hours after admission. The mental health professional shall not be
the mental health professional who causes such person to be taken into custody under this section and shall not be a member or alternate member of the me