LB 863

LB 863
LEGISLATIVE
Approved

by

the

BILL

Governor

863
April

9,

2014

Introduced by Karpisek, 32.
FOR

AN

ACT relating to public protection, health, and safety; to amend
sections 12-501, 12-502, 12-512.01, 12-512.02, 12-512.04, 12-512.05,
12-516, 12-518, 12-808, 17-934, 17-944, 28-1418, 28-1419, 28-1425,
28-1427, 28-1429.02, 53-122, and 53-190, Reissue Revised Statutes
of Nebraska, sections 53-179, 53-183, 59-1523, and 81-2104,
Revised Statutes Cumulative Supplement, 2012, and section 28-101,
Revised Statutes Supplement, 2013; to change provisions relating
to cemeteries and the formation of, operation of, and transfer of
management functions to cemetery associations or cemetery districts;
to prohibit the use by minors and sale to minors of vapor products
and alternative nicotine products; to prohibit the sale of certain
tobacco, vapor, and nicotine products through a vending machine
or self-service display as prescribed; to provide penalties; to
change and eliminate certain election provisions under the Nebraska
Liquor Control Act and provisions relating to alcohol sales; to
adopt by reference provisions of the National Electrical Code;
to harmonize provisions; to provide severability; to repeal the
original sections; to outright repeal sections 53-121, 53-188,
53-189, and 53-191, Reissue Revised Statutes of Nebraska; and to
declare an emergency.
Be it enacted by the people of the State of Nebraska,
Section 1. (1) A cemetery association which takes over the
management and operation of a cemetery pursuant to section 12 of this act
shall, within one year after taking over, prepare a map of the cemetery and
make a good faith effort to identify the remains buried in the cemetery
according to the headstones and the owner of all lots. The cemetery
association shall file the map and identifying information and a record of all
business conducted by the cemetery association in the prior calendar year with
the county clerk at the time it files the audit, compilation, or statement of
accounts under subsection (2) of this section.
(2)(a) On June 30 of each year, the individual trustees or corporate
trustee, as the case may be, of a perpetual care trust fund for a cemetery
association described in subsection (1) of this section which has a balance of
one hundred thousand dollars or more on such date shall have an audit of the
perpetual care trust fund made by a certified public accountant. The report
of such audit by the auditor shall be filed within thirty days after June 30
of such year with the county clerk of the county in which the cemetery is
located. The expense of the audit and the filing fee of the report shall be
paid by the cemetery association.
(b) On June 30 of each year, the individual trustees or corporate
trustee, as the case may be, of a perpetual care trust fund for a cemetery
association described in subsection (1) of this section which has a balance of
more than ten thousand dollars and less than one hundred thousand dollars on
such date shall have a compilation of the perpetual care trust fund made by a
certified public accountant. The report of such compilation by the certified
public accountant shall be filed within thirty days after June 30 of such year
with the county clerk of the county in which the cemetery is located. The
expense of the compilation and the filing fee of the report shall be paid by
the cemetery association.
(c) On June 30 of each year, the individual trustees or corporate
trustee, as the case may be, of a perpetual care trust fund for a cemetery
association described in subsection (1) of this section which has a balance of
ten thousand dollars or less on such date shall file a statement of accounts
of the perpetual care trust fund within thirty days after June 30 of such year
with the county clerk of the county in which the cemetery is located. There
shall be no filing fee for filing the statement of accounts.
Sec. 2. Any cemetery association shall provide for at least one
mowing annually of the cemetery it manages, and one of such mowings shall
occur within two weeks prior to Memorial Day. Additional mowings shall be at
the discretion of the cemetery association.
Sec. 3. Section 12-501, Reissue Revised Statutes of Nebraska, is
amended to read:
12-501 (1) For purposes of sections 12-501 to 12-530 and sections 1
and 2 of this act, cemetery association means an association formed under such
sections.

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(2) Every cemetery, hereafter established, other than those owned,
operated, and maintained by the state, by towns, villages, and cities, by
churches, by public charitable corporations, by cemetery districts, and by
fraternal and benevolent societies, shall be owned, conducted, and managed
by cemetery associations organized and incorporated as hereinafter provided
in sections 12-501 to 12-530 and sections 1 and 2 of this act except as
specifically provided in section 12-530 and section 12 of this act.
(3) The establishment of a cemetery by any agency other than
those enumerated herein in this section shall constitute a nuisance, and its
operation may be enjoined at the suit of any taxpayer in the state.
(4) It shall be lawful for any number of persons, not less than
five, who are residents of the county in which they desire to form themselves
into an association, to form themselves into a cemetery association, and to
elect any number of their members, not less than three, to serve as trustees,
and one member as clerk, who shall continue in office during the pleasure
of the society; all association. All such elections shall take place at a
meeting of four or more members of such association by a majority vote of
those present. A ; Provided, a notice for such meeting shall have been be
published in a local newspaper, or posted in three places within the precinct
or township in which the cemetery is or will be located, at least fifteen days
prior to said the meeting.
Sec. 4. Section 12-502, Reissue Revised Statutes of Nebraska, is
amended to read:
12-502 The clerk, hereinbefore authorized to be appointed, of the
cemetery association shall forthwith make out a true record of the proceedings
of the meeting provided for by section 12-501, and certify and deliver the
same to the clerk of the county in which such meeting shall be is held,
together with the name by which such association shall desire to be known. The
; and it shall be the duty of each county clerk, in the state, immediately
upon the receipt of such certified statement, to shall record the same in
a book by him provided by the county clerk for that purpose at the expense
of the county; and the clerk shall be entitled to the same fees for his
the services as he the county clerk is entitled to demand for other similar
services. After ; and from and after the making of such record by the county
clerk, the said trustees, and their the associated members and successors,
shall be invested with the powers, privileges, and immunities incident to
aggregate corporations. A ; and a certified transcript of the record, herein
authorized to be made by the county clerk, shall be deemed and taken in all
courts and places whatsoever within this state as prima facie evidence of the
existence of such cemetery association.
Sec. 5. Section 12-512.01, Reissue Revised Statutes of Nebraska, is
amended to read:
12-512.01 Every cemetery association organized after September 14,
1953, under the provisions of Chapter 12, article 5, shall provide for and
select trustees, other than officers or members of the association, who shall
be selected, as provided for in section 12-512.03, to invest, safeguard, and
look after certain funds of the association, including the sums provided for
by section 12-512.02 and any other money acquired for the purposes of such
fund, in a perpetual care trust fund, the income therefrom to be used for the
perpetual care of the cemetery by the association.
Sec. 6. Section 12-512.02, Reissue Revised Statutes of Nebraska, is
amended to read:
12-512.02 The cemetery association shall place at least the
following sums one hundred dollars for each cemetery lot sold into the
perpetual care trust fund.: (1) Monument plan cemeteries, fifty cents per
square foot of each cemetery lot sold; (2) park plan or memorial plan
cemeteries, twenty-five cents per square foot of each cemetery lot sold; and
(3) combined monument and park plan cemeteries, fifty cents per square foot of
each cemetery lot sold. Such funds shall be paid by the cemetery association
to the trustees of the perpetual care trust fund, who shall invest the funds
under the same conditions and restrictions as trust funds are invested under
the provisions of section 30-3201. If ; Provided, that when any lots are sold
on contract, thirty percent of all payments received on the contract shall be
paid to the trustee or trustees of the perpetual care trust fund until the
entire payments required by this section are made.
Sec. 7. Section 12-512.04, Reissue Revised Statutes of Nebraska, is
amended to read:
12-512.04 On June 30 of each year, the individual trustees or
corporate trustee, as the case may be, of such a perpetual care trust fund
shall have an audit of the perpetual care trust fund made by a certified
public accountant except as otherwise provided in section 1 of this act. The
and the report of such audit by the auditor shall be filed within thirty days

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after June 30 of such year with the county clerk of the county in which the
cemetery is located. The expense of the audit and the filing fee of the report
shall be paid by the cemetery association.
Sec. 8. Section 12-512.05, Reissue Revised Statutes of Nebraska, is
amended to read:
12-512.05 Every cemetery association organized after September 18,
1955, under the provisions of Chapter 12, article 5, shall, before selling
or disposing of any interment space or lots, establish a minimum perpetual
care and maintenance guarantee fund of not less than two thousand five hundred
dollars in cash to be administered by the trustee or trustees of the perpetual
care trust fund selected as provided in section 12-512.03.
Sec. 9. Section 12-516, Reissue Revised Statutes of Nebraska, is
amended to read:
12-516 Whenever If the trustees of any cemetery association
organized under sections 12-501 to 12-505 shall receive the gift of any
property, real or personal, in their own name, in trust, for the perpetual
care of said the cemetery, or anything connected therewith, said the trustees
shall, upon the enactment of bylaws to that effect by the association, give
a bond to said the association of at least one thousand dollars, conditioned
for the faithful administration of said the trust and care of said the funds
and property. Said The bond shall be filed with, and approved by the county
clerk of the county wherein said in which the association is located, and the
clerk shall be paid the same fee for approving and filing said the bond as is
now fixed by law for approving and filing official bonds. The cost of said the
bond shall be paid by said the cemetery association.
Sec. 10. Section 12-518, Reissue Revised Statutes of Nebraska, is
amended to read:
12-518 Such A cemetery association shall cause a plat of its the
cemetery grounds, and of the lots by it laid out in the cemetery, to be made
and recorded, such lots to be numbered by regular consecutive numbers. It
shall have power to enclose, improve, and adorn the grounds and avenues, and
erect buildings for the use of the association, ; to prescribe rules for the
enclosing and adorning of lots, and for erecting monuments in the cemetery, ;
and to prohibit any use, division, improvement, or adornment of a lot which
it may deem improper. An annual exhibit shall be made of the affairs of the
association.
Sec. 11. Section 12-808, Reissue Revised Statutes of Nebraska, is
amended to read:
12-808 For purposes of sections 12-807 to 12-810 and section 12
of this act, an abandoned or neglected pioneer cemetery shall be defined
according to the following criteria:
(1) Such cemetery was founded or the land upon which such cemetery
is situated was given, granted, donated, sold, or deeded to the founders of
the cemetery prior to January 1, 1900;
(2) Such cemetery contains the grave or graves of a person or
persons who were homesteaders, immigrants from a foreign nation, prairie
farmers, pioneers, sodbusters, first generation Nebraskans, or Civil War
veterans; and
(3) Such cemetery has been generally abandoned or neglected for a
period of at least five consecutive years.
Sec. 12. A county which is maintaining an abandoned or neglected
pioneer cemetery may transfer the management of the cemetery to a cemetery
association formed under sections 12-501 to 12-530 and sections 1 and 2 of
this act or to a cemetery district organized under sections 12-909 to 12-923
if:
(1) The county has been maintaining the cemetery pursuant to
sections 12-807 to 12-810 for at least five years;
(2) The planning commission appointed pursuant to section 23-114.01,
if any, reviews the proposed transfer; and
(3) The county board approves the transfer of the cemetery by
resolution after a public hearing for which notice is provided to the public.
Sec. 13. Section 17-934, Reissue Revised Statutes of Nebraska, is
amended to read:
17-934 In any such city of the second class or village where in
which there exists a duly perfected cemetery association, formed under the
provisions of sections 12-501 to 12-529, and in the further event that said as
defined in section 12-501, if the cemetery association, formed as aforesaid,
shall propose proposes to the mayor and council of such city or to the
chairman chairperson and board of trustees of such village by means of a
resolution duly enacted by such cemetery association, signed by its president
and attested by its secretary, signifying the willingness of said the cemetery
association to exercise control and management of any cemetery belonging to

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such city or village, then and in that event, said the mayor and council,
or said chairman chairperson and board of trustees shall submit at the next
regular municipal election the question of the management and control over
said the cemetery under the conveyance made by the proper authorities of such
city or village. If a majority of the votes cast at such election shall are in
favor of the transfer of the management and control of the cemetery belonging
to such city or village to the said cemetery association, the management
and control of such cemetery shall be relinquished forthwith by the proper
authorities of such city or village to said the cemetery association. Where If
the real estate of the cemetery of such city or village shall have has been
acquired by gift or devise, the relinquishment of the management and control
to such the cemetery association shall be subject to the conditions imposed
by the donor; and upon acceptance by the president and secretary of such
the cemetery association, said the conditions shall be binding upon such the
cemetery association.
Sec. 14. Section 17-944, Reissue Revised Statutes of Nebraska, is
amended to read:
17-944 Whenever, in cities of the second class and villages,
one-fifth of the resident lot owners of any cemetery under the control of such
city or village shall so desire it, it shall be lawful for such lot owners
to associate themselves into and form a cemetery association, as provided by
sections 12-501 to 12-529. defined in section 12-501.
Sec. 15. Section 28-101, Revised Statutes Supplement, 2013, is
amended to read:
28-101 Sections 28-101 to 28-1356 and sections 17 and 22 of this act
shall be known and may be cited as the Nebraska Criminal Code.
Sec. 16. Section 28-1418, Reissue Revised Statutes of Nebraska, is
amended to read:
28-1418 Whoever, being a minor under the age of eighteen years,
shall smoke cigarettes or cigars, use vapor products or alternative nicotine
products, or use tobacco in any form whatever, in this state, shall be guilty
of a Class V misdemeanor. Any minor so charged with the a violation of this
section may be free from prosecution when if he shall have furnished or she
furnishes evidence for the conviction of the person or persons selling or
giving him or her the cigarettes, cigars, vapor products, alternative nicotine
products, or tobacco.
Sec. 17. For purposes of sections 28-1418 to 28-1429.02 and sections
17 and 22 of this act:
(1) Alternative nicotine product means any noncombustible product
containing nicotine that is intended for human consumption, whether chewed,
absorbed, dissolved, or ingested by any other means. Alternative nicotine
product does not include any vapor product, cigarette, cigar, or other tobacco
product, or any product regulated as a drug or device by the United States
Food and Drug Administration under Chapter V of the federal Food, Drug, and
Cosmetic Act;
(2) Self-service display means a retail display that contains a
tobacco product, a tobacco-derived product, a vapor product, or an alternative
nicotine product and is located in an area openly accessible to a retailer’s
customers and from which such customers can readily access the product without
the assistance of a salesperson. Self-service display does not include a
display case that holds tobacco products, vapor products, or alternative
nicotine products behind locked doors;
(3) Tobacco specialty store means a retail store that (a)
derives at least seventy-five percent of its revenue from tobacco products,
tobacco-derived products, vapor products, or alternative nicotine products
and (b) does not permit minors under the age of eighteen years to enter the
premises unless accompanied by a parent or legal guardian; and
(4) Vapor product means any noncombustible product containing
nicotine that employs a heating element, power source, electronic circuit,
or other electronic, chemical, or mechanical means, regardless of shape or
size, that can be used to produce vapor from nicotine in a solution or
other form. Vapor product includes any electronic cigarette, electronic cigar,
electronic cigarillo, electronic pipe, or similar product or device and any
vapor cartridge or other container of nicotine in a solution or other form
that is intended to be used with or in an electronic cigarette, electronic
cigar, electronic cigarillo, electronic pipe, or similar product or device.
Vapor product does not include an alternative nicotine product, cigarette,
cigar, or other tobacco product, or any product regulated as a drug or device
by the United States Food and Drug Administration under Chapter V of the
federal Food, Drug, and Cosmetic Act.
Sec. 18. Section 28-1419, Reissue Revised Statutes of Nebraska, is
amended to read:

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28-1419 Whoever shall sell, give, or furnish, in any way, any
tobacco in any form whatever, or any cigarettes, or cigarette paper, vapor
products, or alternative nicotine products, to any minor under eighteen years
of age, shall be is guilty of a Class III misdemeanor for each offense.
Sec. 19. Section 28-1425, Reissue Revised Statutes of Nebraska, is
amended to read:
28-1425 Any licensee who shall sell, give, or furnish in any way
to any person under the age of eighteen years, or who shall willingly allow
to be taken from his or her place of business by any person under the age
of eighteen years, any cigars, tobacco, cigarettes, or cigarette material,
vapor products, or alternative nicotine products is shall be guilty of a
Class III misdemeanor. Any officer, director, or manager having charge or
control, either separately or jointly with others, of the business of any
corporation which violates the provisions of sections 28-1420 to 28-1429 and
sections 17 and 22 of this act, if he have or she has knowledge of the same,
such violation, shall be subject to the penalties provided in this section.
In addition to the penalties provided in this section, such licensee shall
be subject to the additional penalty of a revocation and forfeiture of his,
her, their, or its license, at the discretion of the court before whom the
complaint for violation of said such sections may be heard. If such license be
is revoked and forfeited, all rights under such license shall at once cease
and terminate.
Sec. 20. Section 28-1427, Reissue Revised Statutes of Nebraska, is
amended to read:
28-1427 Any person under the age of eighteen years who shall
obtain cigars, tobacco, cigarettes, or cigarette material, vapor products, or
alternative nicotine products from a licensee hereunder by representing that
he or she is of the age of eighteen years or over, shall be is guilty of a
Class V misdemeanor.
Sec. 21. Section 28-1429.02, Reissue Revised Statutes of Nebraska,
is amended to read:
28-1429.02 (1) Except as provided in subsection (2) of this section,
it shall be unlawful to dispense cigarettes, or other tobacco products,
vapor products, or alternative nicotine products from a vending machine or
similar device. Any person violating this section shall be is guilty of a
Class III misdemeanor. In addition, upon conviction for a second offense, the
court shall order a six-month suspension of the offender’s license to sell
tobacco, if any, and, upon conviction for a third or subsequent offense, the
court shall order the permanent revocation of the offender’s license to sell
tobacco, if any.
(2) Cigarettes, or other tobacco products, vapor products, or
alternative nicotine products may be dispensed from a vending machine or
similar device when such machine or device is located in an area, office,
business, plant, or factory which is not open to the general public or on
the licensed premises of any establishment having a license issued under the
Nebraska Liquor Control Act for the sale of alcoholic liquor for consumption
on the premises when such machine or device is located in the same room in
which the alcoholic liquor is dispensed.
(3) Nothing in this section shall be construed to restrict or
prohibit a governing body of a city or village from establishing and enforcing
ordinances at least as stringent as or more stringent than the provisions of
this section.
Sec. 22. (1) Except as provided in subsection (2) of this section
and section 28-1429.02, it shall be unlawful to sell or distribute cigarettes,
cigars, vapor products, alternative nicotine products, or tobacco in any form
whatever through a self-service display. Any person violating this section is
guilty of a Class III misdemeanor. In addition, upon conviction for a second
or subsequent offense within a twelve-month period, the court shall order a
six-month suspension of the license issued under section 28-1421.
(2) Cigarettes, cigars, vapor products, alternative nicotine
products, or tobacco in any form whatever may be sold or distributed in a
self-service display that is located in a tobacco specialty store or cigar bar
as defined in section 53-103.08.
Sec. 23. Section 53-122, Reissue Revised Statutes of Nebraska, is
amended to read:
53-122 (1) The commission may issue licenses for the sale of
alcoholic liquor, except beer, by the drink subject to all the terms and
conditions of the Nebraska Liquor Control Act in all cities and villages
in this state, except in those cases when it affirmatively appears that the
issuance will render null and void prior conveyances of land to such city or
village for public uses and purposes by purchase, gift, or devise, under the
conditions and in the manner provided in this section.

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(2) If (a) a sufficient petition is signed by the registered voters
of any such city or village of such number as equals twenty percent of
the votes cast at the last general election held in such city or village,
which petition requests that the question of licensing the sale of alcoholic
liquor, except beer, by the drink in the city or village be submitted to the
registered voters of the city or village at a special election to be called
for that purpose and (b) such petition is presented to the clerk of the
city or village, the clerk shall cause to be published one time in a legal
newspaper published in or of general circulation in the city or village a
notice of a special election to be held not less than ten days nor more than
twenty days after the date of such publication. The notice shall state the
proposition to be submitted at such special election.
(3) The question of licensing the sale of alcoholic liquor either by
the drink or in the original package, or both by the drink and in the original
package, may also be submitted at any general municipal election, except as
otherwise provided in section 53-121, in any city or village in this state
subject to the following:
(a) Upon the filing with the clerk of the city or village of a
petition signed by registered voters of the city or village in a number equal
to twenty percent of the votes cast at the last general election held in the
city or village, such proposition or propositions shall be submitted;
(b) Each petition shall conform to the requirements of section
32-628;
(c) At the top of each sheet shall be stated the proposition or
propositions to be submitted and the date of the general municipal election at
which it is proposed to be submitted;
(d) No signature on the petition shall be valid unless appended to
the petition within the last ninety days prior to the date of filing the
petition with the clerk of the city or village; and
(e) The petition shall be filed thirty days prior to the day of the
general municipal election at which the proposition is to be submitted, and
during such thirty-day period no signature shall be withdrawn and no signature
shall be added.
(4) Any person who signs any proposal or petition contemplated under
this section knowing that he or she is not a registered voter in the place
where such proposal or petition is made, who signs any name other than his or
her own to such proposal or petition, or who aids or abets any other person
in doing any of the acts mentioned is guilty of a Class I misdemeanor. Any
person who bribes or gives or pays any money or thing of value to any person
directly or indirectly to induce him or her to sign such proposal or petition,
who accepts money for signing such proposal or petition, or who aids or abets
any other person in doing any of such acts is guilty of a Class IV felony.
(5) Upon the ballot either at the special election or at any
general municipal election, the proposition or propositions shall be stated as
follows:
Shall the sale of alcoholic liquor, except beer, by the drink be
licensed in (here insert the name of the city or village)?
.... For license to sell by drink.
.... Against license to sell by drink.
Shall the sale of alcoholic liquor, except beer, by the package be
licensed in (here insert the name of the city or village)?
.... For license to sell by the package.
.... Against license to sell by the package.
The provisions of the Election Act relating to election officers,
voting places, election apparatus and blanks, preparation and form of ballots,
information to voters, delivery of ballots, calling of elections, conduct of
elections, manner of voting, counting of votes, records and certificates of
elections, and recounts of votes, so far as applicable, shall apply to voting
on the proposition or propositions under the Nebraska Liquor Control Act, and
a majority vote of those voting on the question shall be mandatory upon the
commission.
(6) If the question is to be submitted at a statewide primary or
general election, the petitions shall be filed with the clerk of the city or
village not less than sixty days prior to the election. The provisions for
the required number of signers and the form of petition shall be the same
as for a special election. The clerk of the city or village shall verify
the signatures on the petitions with the voter registration records in the
office of the county clerk or election commissioner. During the ten-day period
while the petitions are being checked, no signatures shall be withdrawn and no
signatures shall be added.
If the clerk of the city or village finds the petitions to be valid,
he or she shall, not less than fifty days prior to the statewide primary

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or general election, give notice in writing to the county clerk or election
commissioner that the question is to be submitted at the time of the statewide
primary or general election. The election notices, issuing of the official
ballots on election day, issuing of the ballots for early voting, and counting
and canvassing of the ballots shall be conducted by the county clerk or
election commissioner as provided in the Election Act and the official results
certified to the clerk of the city or village.
(7) An election may not be held in the same city or village under
this section more often than once every twenty-three months. A Class I retail
license under subdivision (6)(a)(v) of section 53-124 is not subject to this
section.
Sec. 24. Section 53-179, Revised Statutes Cumulative Supplement,
2012, is amended to read:
53-179 (1) No alcoholic liquor, including beer, shall be sold at
retail or dispensed on any day between the hours of 1 a.m. and 6 a.m., except
that the local governing body of any city or village with respect to area
inside the corporate limits of such city or village, or the county board with
respect to area outside the corporate limits of any city or village, may by
ordinance or resolution (a) require closing prior to 1 a.m. on any day, or
(b) if adopted by a vote of at least two-thirds of the members of such local
governing body or county board, permit retail sale or dispensing of alcoholic
liquor for consumption on the premises, excluding sales for consumption off
the premises, later than 1 a.m. and prior to 2 a.m. on any day, (c) if adopted
by a vote of at least two-thirds of the members of such local governing
body or county board, permit retail sale of alcoholic liquor for consumption
off the premises later than 1 a.m. and prior to 2 a.m. on any day, or (d)
if adopted by a vote of at least two-thirds of the members of such local
governing body or county board, permit retail sale or dispensing of alcoholic
liquor for consumption on the premises, excluding sales for consumption off
the premises, and permit retail sale of alcoholic liquor for consumption off
the premises later than 1 a.m. and prior to 2 a.m. on any day.
(2) Except as provided for and allowed by ordinance of a local
governing body applicable to area inside the corporate limits of a city or
village or by resolution of a county board applicable to area inside such
county and outside the corporate limits of any city or village, no alcoholic
liquor, including beer, shall be sold at retail or dispensed between the hours
of 6 a.m. Sunday and 1 a.m. Monday. This subsection shall not apply after 12
noon on Sunday to a licensee which is a nonprofit corporation and the holder
of a Class C license or a Class I license.
(3) It shall be unlawful on property licensed to sell alcoholic
liquor at retail to allow alcoholic liquor in open containers to remain or
be in possession or control of any person for purposes of consumption between
the hours of fifteen minutes after the closing hour applicable to the licensed
premises and 6 a.m. on any day.
(4) Nothing in this section shall prohibit licensed premises from
being open for other business on days and hours during which the sale or
dispensing of alcoholic liquor is prohibited by this section.
Sec. 25. Section 53-183, Revised Statutes Cumulative Supplement,
2012, is amended to read:
53-183 (1) No person shall sell or furnish alcoholic liquor at
retail to any person on credit, on a passbook, on an order on a store, in
exchange for any goods, wares, or merchandise, or in payment for any services
rendered, and if any person extends credit for any such purpose, the debt
thereby attempted to be created shall not be recoverable at law.
(2) Nothing in this section shall prevent:
(a) Any club holding a Class C license from permitting checks or
statements for alcoholic liquor to be signed by members or bona fide guests
of members and charged to the account of such members or guests in accordance
with the bylaws of such club;
(b) Any hotel or restaurant holding a retail license from permitting
checks or statements for liquor to be signed by regular guests residing at
such hotel or eating at such restaurant and charged to the accounts of such
guests; or
(c) Any licensed retailer engaged in the sale of wine or distilled
spirits from issuing wine-tasting tasting cards to customers.
Sec. 26. Section 53-190, Reissue Revised Statutes of Nebraska, is
amended to read:
53-190 All places where alcoholic liquor is sold or consumed in
violation of any provision of section 53-186.01 or sections 53-188 and 53-189,
shall be taken and held and are declared to be common nuisances, and may
be abated as such in the manner hereinafter provided in the Nebraska Liquor
Control Act.

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Sec. 27. Section 59-1523, Revised Statutes Cumulative Supplement,
2012, is amended to read:
59-1523 (1) The cigarette tax division of the Tax Commissioner may,
after notice and hearing, revoke or suspend for any violation of section
59-1520 the license or licenses of any person licensed under sections 28-1418
to 28-1429 28-1429.02 and sections 17 and 22 of this act or sections 77-2601
to 77-2622.
(2)
Cigarettes
that
are
acquired,
held,
owned,
possessed,
transported, sold, or distributed in or imported into this state in violation
of section 59-1520 are declared to be contraband goods and are subject to
seizure and forfeiture. Any cigarettes so seized and forfeited shall be
destroyed. Such cigarettes shall be declared to be contraband goods whether
the violation of section 59-1520 is knowing or otherwise.
Sec. 28. Section 81-2104, Revised Statutes Cumulative Supplement,
2012, is amended to read:
81-2104 The board shall have power to:
(1) Elect its own officers;
(2) Engage and fix the compensation of such officers, inspectors,
and employees as may be required in the performance of its duties;
(3) Pay such other expenses as may be necessary in the performance
of its duties;
(4) Provide upon request such additional voluntary inspections and
reviews as it deems appropriate;
(5) Adopt, promulgate, and revise rules and regulations necessary
to enable it to carry into effect the State Electrical Act. In adopting and
promulgating such rules and regulations, the board shall be governed by the
minimum standards set forth in the National Electrical Code issued and adopted
by the National Fire Protection Association in 2011, 2014, Publication Number
70-2011, 70-2014, which code shall be filed in the offices of the Secretary of
State and the board and shall be a public record. The board shall adopt and
promulgate rules and regulations establishing wiring standards that protect
public safety and health and property and that apply to all electrical wiring
which is installed subject to the State Electrical Act;
(6) Revoke, suspend, or refuse to renew any license or registration
granted pursuant to the State Electrical Act when the licensee or registrant
(a) violates any provision of the National Electrical Code as adopted pursuant
to subdivision (5) of this section, the act, or any rule or regulation
adopted and promulgated pursuant to the act, (b) fails or refuses to pay
any examination, registration, or license renewal fee required by law, (c)
is an electrical contractor or master electrician and fails or refuses to
provide and keep in force a public liability insurance policy as required by
the board, or (d) violates any political subdivision’s approved inspection
ordinances;
(7) Order disconnection of power to any electrical installation that
is proximately dangerous to health and property;
(8) Order removal of electrical wiring and apparatus from premises
when such wiring and apparatus is proximately dangerous to health and
property;
(9) Investigate, for the purpose of identifying dangerous electrical
wiring or violations of the National Electrical Code as adopted pursuant to
subdivision (5) of this section, any death by electrocution that occurs within
the State of Nebraska;
(10) Refuse to renew any license granted pursuant to the act when
the licensee fails to submit evidence of completing the continuing education
requirements under section 81-2117.01;
(11) Provide for the amount and collection of fees for inspection
and other services;
(12) Adopt a seal, and the executive secretary shall have the care
and custody thereof; and
(13) Enforce the provisions of the National Electrical Code as
adopted pursuant to subdivision (5) of this section.
Sec. 29. If any section in this act or any part of any section is
declared invalid or unconstitutional, the declaration shall not affect the
validity or constitutionality of the remaining portions.
Sec. 30. Original sections 12-501, 12-502, 12-512.01, 12-512.02,
12-512.04, 12-512.05, 12-516, 12-518, 12-808, 17-934, 17-944, 28-1418,
28-1419, 28-1425, 28-1427, 28-1429.02, 53-122, and 53-190, Reissue Revised
Statutes of Nebraska, sections 53-179, 53-183, 59-1523, and 81-2104, Revised
Statutes Cumulative Supplement, 2012, and section 28-101, Revised Statutes
Supplement, 2013, are repealed.
Sec. 31. The following sections are outright repealed: Sections
53-121, 53-188, 53-189, and 53-191, Reissue Revised Statutes of Nebraska.

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 LB 863

LB 863

Sec. 32. Since an emergency exists, this act takes effect when
passed and approved according to law.

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