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Author Topic: LB430 effective date?  (Read 2335 times)

Offline Dan W

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LB430 effective date?
« on: July 17, 2009, 10:04:05 PM »
There has been some discussion of the date that LB430's provisions become law, but I have heard two different theories... One is 90 days from the end of the Legislative session on June 4, 2009. This would mean that the law changes on  Sept. 4, 2009.

The second theory is that the law takes effect 90 days from the date it was signed by the governor. That date would be August 19, 2009. Now of course I would like to carry concealed legally in Omaha, without registering my handgun as soon as possible.

Anyone have more information about how this works? The date's are rapidly approaching. Lets make sure we are all GTG when it gets here
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Offline OnTheFly

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Re: LB430 effective date?
« Reply #1 on: July 17, 2009, 10:56:13 PM »
I'm afraid it will be the later date.  The quote below is from Lawmaking in Nebraska

Edit: It does not say "90 days", it specifically says "three calendar months".  So that would make it September 4th.

Quote
Laws of Nebraska

Most bills passed and approved by the governor become law three calendar months after the Legislature adjourns. However, bills may take effect before that date if they contain an emergency clause or a specified operative date.
Emphasis added

Fly
« Last Edit: July 17, 2009, 11:02:11 PM by OnTheFly »
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Offline Dan W

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Re: LB430 effective date?
« Reply #2 on: July 17, 2009, 11:04:36 PM »
It would appear that neither date I suggested is right, and that August 30th at 12:01am is the effective date  (according to the Legislature's  website  

http://uniweb.legislature.ne.gov/pdf/revisor/2009_effective_by_statute.pdf

Most bills take effect at 12:01 a.m. on August 30, 2009, which is three calendar months after the Legislature's adjournment.
« Last Edit: July 17, 2009, 11:08:36 PM by Dan W »
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Offline OnTheFly

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Re: LB430 effective date?
« Reply #3 on: July 17, 2009, 11:07:04 PM »
I was just reading a bit more on this.  The problem with our math is that the Legislative session ended May 29th, not June 4th.  That makes three calendar months start at 12:01AM on August 30th.

Fly
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Offline Dan W

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Re: LB430 effective date?
« Reply #4 on: July 17, 2009, 11:12:35 PM »
This means a certain happening in North Central NE  will be  more meaningful
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Dan W    NFOA Co Founder
Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom.   J. F. K.

Offline Randy

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Re: LB430 effective date?
« Reply #5 on: July 18, 2009, 12:02:06 AM »
The below post is from a reporter who claims to have gotten here date from the governor's office.
I think a phone call or email to our Governor's Office and or Attorney General is in order for conformation.


 
? Reply #258 on: May 26, 2009, 06:13:01 PM ?     
http://www.nebraskafirepower.com/forum/index.php?topic=449.msg5112#msg5112
--------------------------------------------------------------------------------
OK I am confused here is it so that 90 days after governor signed vs 3 months after close of Unicameral Session if unsigned but not vetoed. If so we need to update the front page date.

Article below from :
"The City of Columbus has 90 days from the day the governor signed the bill to come into compliance with the new legislation, which would place the deadline Aug. 17."

Reply to my email question about date below.
"During composition of the article I confirmed with the governor's office that the legislation would go into effect 90 days after Gov. Heinemann signed the bill. Had he not signed nor vetoed the bill the legislation would have gone into effect three calendar months after the final day the Unicameral was in session.

If you have any other inquiries do not hesitate to contact me."

Adrian Sanchez
Telegram Staff Writer
(402) 563-7534
 
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Offline OnTheFly

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Re: LB430 effective date?
« Reply #6 on: July 18, 2009, 09:09:15 AM »
My letter to the Columbus Telegram editor...

Quote
Mr. Dean,

I am writing to query about the accuracy of an article Concealed weapons code changing by Adrian Sanchez regarding the date that LB430 goes into effect.  Mr. Sanchez reported it as August 17, 2009; however, several sources on the NebraskaLegislature.gov website state differently.  Below are three such sources...

The following two links confirm that bills become law three calendar months after the Legislature adjourns.
When do passed laws go into effect?

Lawmaking in Nebraska-Laws of Nebraska (Bottom of page)

The following link establishes August 30th as the specific effective date.
PDF Document (search for '430')

Does your staff writer have a specific source, or should this be added as a correction to the record?

We will see what they say, but I think the August 30 date is pretty solid.

Fly
« Last Edit: July 18, 2009, 09:10:42 AM by OnTheFly »
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Offline ranger04

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Re: LB430 effective date?
« Reply #7 on: July 18, 2009, 08:51:44 PM »
I believe that the reporter was in error and was reporting when the Columbus Ban will be up, I think it will be up before the law takes effect. I will be attending the City Council Meeting on Monday for the final reading of this "repealed ordinace". The last meeting I attended I suggested that each entrace to a business or buliding that prohibits CCW be posted as well as all city property that prohibits CCW. This includes all city parks and trails. (they will probably raise my taxes to pay for all of the signs)
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Offline OnTheFly

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Re: LB430 effective date?
« Reply #8 on: July 24, 2009, 07:56:25 PM »
Here is the newspaper editor's response...

Quote
Greg,

We were told laws go into effect 90 days following the governor's signature or 90 days after the session ends if the governor fails to sign the bill within the allotted time.

Jim Dean

Fly
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Offline LawyerJan

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Re: LB430 effective date?
« Reply #9 on: August 10, 2009, 04:13:36 PM »
Here's the scoop from the Clerk of the Legislature: http://nebraskalegislature.gov/pdf/revisor/2009_effective_dates.pdf  (August 30, 2009)
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Offline Randy

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Re: LB430 effective date? August 30, 2009
« Reply #10 on: August 10, 2009, 06:19:53 PM »
Good link.
So August 30th it is for LB430.

Thank You LawyerJan for the link this is what I have been looking for.
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Offline SBarry

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Re: LB430 effective date?
« Reply #11 on: August 30, 2009, 08:26:28 AM »
TODAY!
« Last Edit: August 30, 2009, 08:28:48 AM by LitlRat »
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Offline Roper

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Re: LB430 effective date?
« Reply #12 on: August 30, 2009, 09:31:33 PM »
YES!!!!! 
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