LB 1254

LB1254  LB1254
2026  2026
                           LEGISLATURE OF NEBRASKA
                       ONE HUNDRED NINTH LEGISLATURE
                               SECOND SESSION
                  LEGISLATIVE BILL 1254
    Introduced by Prokop, 27; Bostar, 29.
    Read first time January 21, 2026
    Committee: Judiciary
1    A BILL FOR AN ACT relating to crimes; to amend section 28-101, Revised
2Statutes Supplement, 2025; to define a term; to prohibit the retail
3sale of electronic smoking devices without a child safety feature as
4provided; to provide a penalty; to harmonize provisions; and to
5repeal the original section.
6    Be it enacted by the people of the State of Nebraska,
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LB1254  LB1254
2026  2026
1Section 1. Section 28-101, Revised Statutes Supplement, 2025, is
2    amended to read:
328-101 Sections 28-101 to 28-1357, 28-1601 to 28-1603, and 28-1701
4    and section 2 of this act shall be known and may be cited as the Nebraska
5    Criminal Code.
6Sec. 2.    (1) For purposes of this section:
7(a) Electronic smoking device means any product or device containing
8    nicotine,   a   nicotine   analogue,    tobacco,   or   tobacco   derivatives   that
9    employs a heating element, power source, electronic circuit, or other
10    electronic, chemical, or mechanical means, regardless of shape or size,
11     to   simulate   smoking    by   delivering   the   nicotine,   nicotine   analogue,
12  tobacco, or tobacco derivatives in vapor, fog, mist, gas, or aerosol form
13  to a person inhaling from the product or device; and
14(b) Nicotine analogue has the same meaning as in section 28-1418.01.
15(2) It shall be unlawful to sell at retail, offer for retail sale,
16    or distribute for retail sale or promotion in this state any electronic
17     smoking device manufactured on or after the effective date of this act
18     without a child safety feature.
19(3) Any person who violates this section shall be guilty of a Class
20    IV misdemeanor.
21(4) This section does not apply to the interstate transportation of
22     electronic smoking devices or the storage of electronic smoking devices
23     in a warehouse or distribution center.
24Sec. 3.    Original section 28-101, Revised Statutes Supplement, 2025,
25     is repealed.
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