Lawmakers Approve Nebraska Prenatal Plus, Vaping Regulations, Helmet Revisions And More

Nebraska Examiner
March 28, 2024

LINCOLN — A host of Nebraska legislative proposals gained final approval Thursday morning, including expanded support for mothers, vape regulations and changes to the state helmet law.

The slew of bills that now go to Gov. Jim Pillen for his approval also included increasing penalties and investigative power for child labor violations, expanding coverage under the medical assistance program for certain breast pumps and lactation visits and creating two new honorary days in state law.

Should Pillen approve the measures, most proposals would become law three months after the Legislature adjourns. If Pillen vetoes any bills, the Legislature has the opportunity to seek an override.

Adjournment is scheduled for April 18.

Nebraska Prenatal Plus Program

Legislative Bill 857, introduced by State Sen. George Dungan of Lincoln, creates the Nebraska Prenatal Plus Program, expanding Medicaid coverage for at-risk mothers for six prenatal nutrition counseling visits and targeted case management.

The program is set to expire June 30, 2028, with the option to extend past that date.

LB 857 also includes provisions from State Sen. Carolyn Bosn of Lincoln to expand Medicaid coverage for continuous glucose monitors to individuals who meet local coverage determinations and have gestational diabetes.

The Dungan and Bosn proposals would be funded through the state’s Medicaid Managed Care Excess Profit Fund.

“Not only will the Prenatal Plus Program provide people with the care they need, but it further shows that common sense nonpartisan issues remain the focus of the Nebraska Legislature,” Dungan said in a text.

LB 857 passed 45-0.

New vape regulations

LB 1204, proposed by State Sen. John Cavanaugh of Omaha, carries a package of bills from the General Affairs Committee, such as bills regarding gambling, vaping and alcohol and spirits.

One inclusion, LB 1296 from State Sen. Jana Hughes of Seward, would have Nebraska create its own registry of authorized vapes instead of relying on a federal list maintained by the U.S. Food and Drug Administration. Hughes said this is needed because the federal government has dropped the ball when it comes to regulation and safety.

Hughes’ proposal would end mail delivery for vape purchases online or over the phone, requiring in-person pickup within the state. It also includes multiple provisions meant to crack down on advertising targeted at minors, outlawing packaging or vaping ads that:

Depict a cartoon-like, fictional character that mimics a character primarily aimed at entertaining minors. Imitate or mimic trademarks or trade dress of products that are or have been primarily marketed to minors. Include a symbol primarily used to market products to minors. Include an image of a celebrity.

Applications to certify that each type or model of electronic nicotine delivery system set to be sold in Nebraska would cost $75.

Hughes said Nebraska will be one of the first states to regulate the vape market.

“This is a step in the right direction in protecting our kids and will give vape consumers confidence in the products they are purchasing,” Hughes said in a text.

The LB 1204 package also includes a provision from State Sen. Tom Brandt of Plymouth to allow winners of lottery prizes greater than $250,000 the option to remain anonymous and one from Cavanaugh to define a “rickhouse” as an offsite bonded warehouse kept and maintained for the purpose of storing spirits in barrels for aging in order to impart flavor from the barrel into the spirits.

LB 1204 passed 45-0.

Helmet law changes

LB 1004, from State Sen. Ben Hansen of Blair, seeks to clarify a new law that allows certain motorcyclists older than 21 to ride helmetless on Nebraska highways, which went into effect Jan. 1.

Hansen successfully led last year’s bill to allow motorcyclists to ride helmetless once they completed the state’s basic motorcycle education course. This 14-hour minimum course consists of at least four hours in the classroom and at least 10 hours riding motorcycles.

Hansen said this requirement overwhelmed safety courses with skilled riders instead of those who actually needed to learn the basics.

Under LB 1004, Nebraskans with a Class M license prior to May 1, 2024, who have completed the Motorcycle Safety Foundation three-hour Basic eCourse and submitted proof could ride helmetless. Motorcyclists who earn their Class M license after that date must complete the full basic safety course.

The new proposal would waive any requirements for out-of-state motorcyclists to wear a helmet if they are licensed to ride motorcycles in another state. Currently, out-of-state motorcyclists must show proof of completing a similar safety course in their home state to ride helmetless. Hansen said this was “simply unenforceable.” 

Passengers must wear helmets unless they are 21 years of age or older and if the operator is approved to ride helmetless.

Enforcement of the law is a secondary action, meaning another violation must occur before an operator may be pulled over. Violations are a $250 fine and a traffic infraction.

LB 1004 passed 39-4 and includes an “emergency clause,” meaning should Pillen approve it, it would take effect the next day.

Child labor violations

LB 906 from State Sen. Merv Riepe of Ralston increases the penalty for child labor violations from a Class II misdemeanor (up to six months imprisonment or a $1,000 fine, or both) to a Class I misdemeanor (up to one year imprisonment or a $1,000 fine, or both).

Riepe’s bill would broadly authorize the Nebraska Department of Labor and any agent, employee or attendance officer to visit places of employment to ensure no children younger than 16 are working contrary to state law.

The commissioner of labor would be authorized to subpoena records from any employer suspected of violating the state’s child labor laws.

LB 906 passed 45-0.

Breast pumps and lactation visits

LB 1215, a package of bills from the Health and Human Services Committee, included provisions from State Sen. Jen Day of Omaha seeking to expand coverage for Nebraska mothers or children covered under the medical assistance program. 

No later than Jan. 1, 2025, the Nebraska Department of Health and Human Services must provide coverage for personal breast pumps beginning at whichever is earlier: 36 weeks gestation or the child’s date of birth.

The department would also need to provide coverage for a minimum of 10 lactation consultation visits.

LB 1215 passed 45-0.

Honorary recognition days

Nebraska will have two more official days of recognition, with one taking effect in October while the second will be recognized for the first time in May 2025.

LB 1102 from State Sen. Danielle Conrad of Lincoln establishes Oct. 17 as Nebraska Missing Persons Day, which the bill states is not only for the missing people, “but also for their families and friends who deal with the trauma of having their loved one go missing without a trace.”

“This day respects and honors their grief,” the bill reads.

Oct. 17 coincides with the same date in 2000 when Gina Bos went missing after leaving an open mic night at Duggan’s Pub in downtown Lincoln. She hasn’t been seen since.

The bill also included provisions from State Sen. Terrell McKinney of Omaha to recognize May 19, the birthday of the Omaha-born human rights leader Malcolm X, as El-Hajj Malik El-Shabazz, Malcolm X Day.

McKinney had pushed for a state holiday, while the alternative measure calls for suitable exercises in schools in recognition of the Nebraska Hall of Fame inductee and “his contributions to the betterment of society.”

LB 1102 passed 42-0.

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