LINCOLN — Underage, undercover, but otherwise honest.
Nebraska lawmakers advanced a bill Tuesday that would prohibit minors from lying about their age while working with police on enforcement investigations at alcohol retailers. It also would prevent officers from drinking alcohol while posing as customers during compliance checks.
The measure advanced to the second round of debate with 25 votes, despite predictions that it would lead law enforcement agencies to abandon a tool that helps keep bartenders and store clerks checking IDs.
"The reason you ask for ID is you fear, you worry, you're always on the lookout for a compliance check," said Sen. Abbie Cornett of Bellevue, a former police officer who also once worked as a bartender. "This bill guts compliance checks."
Supporters of the bill want to take the sting out of compliance checks.
"These are young people being sent in somewhere to deceive," said Sen. Russ Karpisek of Wilber. "I don't think that's right. Playing 'Gotcha' is no way to do this right."
The Omaha Police Department, along with the Nebraska Liquor Control Commission, testified against the bill when it came up last session before the General Affairs Committee.
Lobbyists for grocers, convenience stores, bars and restaurants supported the measure.
The bill would require minors working with law enforcement officers on compliance checks to answer questions truthfully from bartenders and clerks. For example, if such a minor was asked if she was at least 21, she could not lie.
Omaha Sen. Bob Krist, sponsor of the legislation, said compliance checks should identify liquor license holders who intentionally sell to minors. But the level of deception used in some check operations borders on entrapment, he argued.
He also questioned the effect on young adults who assist police.
"I don't think our kids should be taught to lie," he said, adding that he's willing to consider ideas to reduce opposition before the bill comes up for second-round debate.
Sen. Tom Carlson of Holdrege pointed out that alcohol merchants can thoroughly protect themselves by checking IDs. An undercover minor can't use a driver's license listing a fake date of birth.
Sen. Colby Coash of Lincoln said representatives from the Omaha and Lincoln Police Departments told him they would probably stop doing the checks if LB 60 passed.
"If young people can't be dishonest about their age, word is going to get out real quick," he said.
Omaha Sen. Brenda Council, a former bar owner, said she was proud that her establishment never was accused of selling to minors. But she said the point of a compliance check is to test what liquor retailers do in real-world situations.
"The average underage person who is trying to buy alcohol is not going to come in and tell you, 'No, I'm not 21,' " she said with a laugh.
Contact the writer:
402-473-9587, joe.duggan@owh.com
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