Nebraska

Clean Indoor Air

Public Places

Smoking is restricted to designated areas in public places and at public meetings. Public places are defined as enclosed indoor areas used by the general public or serving as a workplace, including, but not limited to: restaurants, retail stores, offices and other commercial establishments, public conveyances, auditoriums, arenas and meeting rooms.

NEB. REV. STAT. §§ 71-5701 et seq. (1979).

Note: In February 2008, legislation was approved that completely prohibits smoking in virtually all public places and workplaces, including restaurants, bars and gaming establishments. The new law will take effect June 1, 2009.

L.B. 395 enacted 2/26/08 and effective 6/1/09.

Government Buildings

Smoking is prohibited in all vehicles owned or leased by the state and in all buildings and the area within 10 feet of any entrance of such buildings, owned, leased or occupied by the state. Exempted are veteran’s homes, private residences, facilities under the control of the Department of Health and Human Services and overnight lodging facilities and buildings managed by the Game and Parks Commission, but no more than 25 percent of the overnight lodging facilities shall permit smoking. Designated smoking areas may not exceed 50 percent of the space used by the public in state-owned buildings at the State Fairgrounds. Smoking may be permitted in no more than 40 percent of the residential housing rooms or units owned or leased on each campus under the control of the University of Nebraska or Nebraska State Colleges.

NEB. REV. STAT. § 71-5707 (2000).

Private Workplaces

Smoking is restricted to designated areas in places of work. Private offices occupied exclusively by smokers and entire rooms or halls used for a private function and controlled by the function’s sponsor are exempt from this law. In factories, warehouses, and similar places of work not usually frequented by the general public, the Department of Health and Human Services is required to establish rules to restrict or prohibit smoking in those places where the close proximity of workers or the inadequacy of ventilation causes smoke pollution that is detrimental to the health and comfort of non-smoking employees.

NEB. REV. STAT. §§ 71-5701 et seq. (1979).

Schools

Smoking is restricted to designated areas in educational facilities.

NEB. REV. STAT.§§ 71-5701 et seq. (1979).

Child Care Centers

No person shall smoke at a site where licensed child care programs are provided. This prohibition applies to a licensed child care program located in the home of the provider only during times one or more client’s children are present in any part of the home.

NEB. REV. STAT. § 71-5707(3) (2004).

Health Facilities

Smoking is restricted to designated areas in hospitals and nursing homes.

NEB. REV. STAT. §§ 71-5701 et seq. (1979).

Restaurants

Restaurants: Smoking is restricted to designated areas in restaurants. Restaurants having a serving area of less than 1,200 square feet may be designated as a smoking area in their entirety. If such a designation is made, signs stating that fact must be posted at all public entrances.

NEB. REV. STAT. §§ 71-5701 et seq. (1979).

Bars: Bars are allowed to be designated as a smoking area in their entirety. If such a designation is made, signs stating that fact must be posted at all public entrances.

NEB. REV. STAT. §§ 71-5701 et seq. (1979).

Penalties/Enforcement

The person in charge of the public place must post notices designating smoking and non-smoking areas. Any person who smokes in a nonsmoking area is guilty of a Class V misdemeanor. The Department of Health and Human Services or a local public health department may institute an action in any court with jurisdiction to enjoin any violation of the Nebraska Clean Indoor Air Act. Any interested party may report possible violations of the act to such departments.

NEB. REV. STAT. §§ 71-5712 & 71-5713 (2003).

Tobacco Excise Tax

Cigarettes

Tax rate per pack of 20: 64 cents

Date last changed: October 1, 2002 — from 34 cents to 64 cents

Year first enacted: 1947

NEB. REV. STAT. § 77-2602(1) (2003).

Beginning October 1, 2004, the revenue from 49 cents of the above tax, minus $520,000 placed in the Municipal Infrastructure Redevelopment Fund, is deposited into the state general fund. The remainder of the revenue is distributed as follows:

1) Beginning July 1, 1980, one cent is placed in Nebraska Outdoor Recreation Development Cash Fund;

2) Beginning July 1, 1993, three cents of such tax is placed in the Department of Health and Human Services Finance and Support Cash Fund to carry out sections 81-637 to 81-640 of the Nebraska statutes;

3) Beginning October 1, 2002, seven cents is placed in the Building Renewal Allocation Fund until the purposes of the Deferred Building Renewal Act have been fulfilled;

4) Beginning July 1, 2001, and continuing until June 30, 2016, $1 million dollars each fiscal year is placed in the City of the Primary Class Development Fund;

5) Beginning July 1, 2001, and continuing until June 30, 2016, $1.5 million dollars each fiscal year is placed in the City of the Metropolitan Class Development Fund;

6) Beginning July 1, 2008, and continuing until June 30, 2009, $2,050,000 dollars is placed in the Nebraska Public Safety Communication System Cash Fund;

7) Any remaining money is placed in the Nebraska Capital Construction Fund.

NEB. REV. STAT. § 77-2602(2-5) (2007).

Other Tobacco Products

All other tobacco products: 20% of the purchase price of such tobacco products paid by the first owner or the price at which a first owner who made, manufactured, or fabricated the tobacco product sells the items to others.

NEB. REV. STAT. § 77-4008 (2003).

All revenue from the tax on other tobacco products is deposited in the Tobacco Products Administration Cash Fund. All costs required for administration of the Tobacco Products Tax Act shall be paid from such fund.

NEB. REV. STAT. § 77-4025 (2002).

Revenue Collected

$66,710,000

Youth Access

Penalties for Sales to Minors

Whoever sells or furnishes tobacco products to a minor is guilty of a Class III misdemeanor for each offense.

NEB. REV. STAT. § 28-1419 (1977).

Any licensee who shall sell, give, or furnish in any way tobacco products to a minor; or allow to be taken from their place of business any tobacco products 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 this provision, if he have knowledge of the same, shall also be subject to these penalties. In addition, such licensee shall be subject to a revocation and forfeiture of their license at the discretion of the court who hears the complaint.

NEB. REV. STAT. § 28-1425 (1977).

Penalties to Minors

A minor who uses tobacco in any form shall be guilty of a Class V misdemeanor. Any minor so charged may be free from prosecution when they furnish evidence for the conviction of the person who sold or gave them tobacco products.

NEB. REV. STAT. § 28-1418 (1977).

Any minor who misrepresents their age while purchasing tobacco products shall be guilty of a Class V misdemeanor.

NEB. REV. STAT. § 28-1427 (1977).

Restrictions on Distribution of Tobacco Product Samples or Sales of Single Cigarettes

Samples

Any person or licensee who shall give or furnish tobacco products to a minor is guilty of a Class III misdemeanor. In addition, a licensee shall be subject to the additional penalty of revocation and forfeiture of their license.

NEB. REV. STAT. §§ 28-1419 & 28-1425 (1977).

Smokeless tobacco products, or coupons or rebate offers for such products, shall not be distributed for promotional purposes by manufacturers, wholesalers, retailers, or representatives of these people. Smokeless tobacco product is defined as: 1) loose tobacco or a flat compressed cake of tobacco that may be chewed or held in the mouth; or 2) a small amount of shredded, powdered, or pulverized tobacco that may be inhaled through the nostrils, chewed, or held in the mouth. Violators of this law may be fined a civil penalty of $500 for the first offense, and between $600 and $3,000 for subsequent offenses. Each violation is considered a separate offense.

NEB. REV. STAT. §§ 69-1901 to 69-1904 (1989).

Single Cigarettes

It is unlawful for any person to sell or distribute in this state, or import or cause to be imported into this state any cigarettes that do not comply with all requirements imposed by or pursuant to federal law and regulations, including the permanent imprinting on the primary packaging of the precise package warning labels in the precise format specified in section Four of the Federal Cigarette Labeling and Advertising Act. Any person who knowingly violates this section is guilty of a Class IV felony.

NEB. REV. STAT. §§ 59-1520 & 59-1522 (2001).

Restrictions on Sale of Tobacco Products in Vending Machines

Placement

Vending machines are prohibited except when located in offices, businesses, plants or factories not open to the public, or in a room where alcohol is dispensed in establishments holding licenses under the Nebraska Liquor Control Act. Localities are specifically allowed to enact stronger ordinances.

NEB. REV. STAT. §§ 28-1429.01 & 28-1429.02 (1992).

Penalty

Violation of the restrictions on placement of vending machines is a Class III misdemeanor. In addition, upon conviction for a second offense, the court shall order a six-month suspension of the license to sell tobacco, and upon conviction for a third or subsequent offense, the license to sell tobacco products shall be permanently revoked.

NEB. REV. STAT. § 28-1429.02 (1992).

Licensing Requirements

Requirements

Every person, partnership, limited liability company, or corporation must obtain a license from the clerk or finance director of the city, town or village where their place of business is located to sell, keep for sale, or give away in course of trade, any cigars, tobacco, cigarettes brands, or cigarette material to anyone. A separate license is required for each place of business. Licenses are valid for one year unless suspended or revoked. Dealing in tobacco products without a license is a Class III misdemeanor for each offense.

NEB. REV. STAT. §§ 28-1420 to 28-1423 (1993).

Fee

The annual license fee for retailers is $10 to $25 depending on the class/size of the city. Licenses for wholesalers are $100 if their combined annual sales are over 150,000 packages of tobacco, and $15 if their annual sales are below that amount.

NEB. REV. STAT. § 28-1423 (1993).

License Suspension for Sales to Minors

A licensee who sells, gives or furnishes tobacco products to a minor may have their license revoked at the discretion of the court hearing the complaint.

NEB. REV. STAT. § 28-1425 (1977).

Tobacco Liability

Industry Protection

When the judgment, decree, or final order appealed from directs the payment of money, the bond, deposit of United States Government bonds, or cash deposit shall be the lesser of the amount of the judgment plus interest and applicable court costs, 50 percent of the appellant’s net worth, or $50 million. If an appellee proves by a preponderance of the evidence that an appellant is dissipating or diverting assets outside the ordinary course of business to avoid the payment of a judgment, the court may enter any orders necessary to protect the appellee and require the appellant to provide a bond, deposit of United States Government bonds, or cash deposit up to and including the full amount of the judgment.

NEB. REV. STAT. § 25-1916 (2004).

Tobacco Settlement

Tobacco Control Appropriations

Nebraska appropriated $3,506,000 for tobacco prevention and cessation programs in FY2009 (July 1, 2008 to June 30, 2009) from the state’s annual Master Settlement Agreement payment and the state general fund. $2,500,000 was appropriated in FY2008. This is the second year of the FY2008-FY2009 biennium.

FY2008-FY2009 Biennial Budget (L.D. 321) enacted 5/21/07 and effective 7/1/07 (FY2008) & 7/1/08 (FY2009); FY2008-FY2009 Biennial Budget Revisions (L.B. 959) enacted (some line-item vetoes overridden) and effective 4/7/08 (FY2008) and 7/1/08 (FY2009); and L.B. 961 enacted and effective 4/2/08.

The Nebraska Tobacco Settlement Trust Fund is created. The fund shall include any settlement payments or other revenue received by the State of Nebraska in connection with any tobacco-related litigation, except that of such revenue received on or after April 1, 2005, $2.5 million shall be credited for fiscal years before FY2010 and $3 million shall be credited in FY2010 and future years to the Tobacco Prevention and Control Cash Fund. For FY2009, $500,000 shall be transferred from Tobacco Settlement Trust Fund to the Tobacco Prevention and Control Cash Fund by July 15. In July 2008 and each year thereafter, $500,000 shall be distributed annually to the Stem Cell Research Cash Fund. Money from the Nebraska Tobacco Settlement Trust Fund shall be transferred to the Nebraska Health Care Cash Fund as specified in section 71-7611.

NEB. REV. STAT. § 71-7608 (2008).

The Nebraska Health Care Cash Fund is created. The State Treasurer shall transfer $55.7 million annually no later than July 15 from the Nebraska Medicaid Intergovernmental Trust Fund and the Nebraska Tobacco Settlement Trust Fund to the Nebraska Health Care Cash Fund, except that such amount shall be reduced by the amount of the unobligated balance in the Nebraska Health Care Cash Fund at the time the transfer is made. On or before May 1, 2008, the State Treasurer shall transfer from the Nebraska Medicaid Intergovernmental Trust Fund and the Nebraska Tobacco Settlement Trust Fund an additional two hundred fifty thousand dollars to the Nebraska Health Care Cash Fund. One million dollars in the Nebraska Health Care Cash Fund is designated each year for the Autism Treatment Program Act for five fiscal years beginning in FY2008. The State Treasurer shall also transfer $250,000 from the Nebraska Health Care Cash Fund to the University of Nebraska Medical Center Cash Fund for the Nebraska Regional Poison Center within 15 days after each July 1.

NEB. REV. STAT. § 71-7611 (2008).

Non-Monetary Provisions

The Tobacco Prevention and Control Cash Fund was created. The fund shall be used for a comprehensive statewide tobacco-related public health program administered by the Department of Health and Human Services which includes, but is not limited to: 1) community programs to reduce tobacco use, 2) chronic disease programs, 3) school programs, 4) statewide programs, 5) enforcement, 6) counter-marketing, 7) cessation programs, 8) surveillance and evaluation, and 9) administration.

NEB. REV. STAT. § 71-5714 (2003).

Leave a Reply

Your email address will not be published. Required fields are marked *

*
To prove you're a person (not a spam script), type the security word shown in the picture. Click on the picture to hear an audio file of the word.
Anti-spam image