ONE HUNDRED NINTH LEGISLATURE - FIRST SESSION - 2025
COMMITTEE STATEMENT
LB530
Hearing Date: Friday February 28, 2025
Committee On: Judiciary
Introducer: Kauth
One Liner: Change provisions relating to the Nebraska Rules of the Road, motor vehicle homicide, and motor
vehicle homicide of an unborn child
Roll Call Vote - Final Committee Action:
Advanced to General File with amendment(s)
Vote Results:
Aye: 6 Senators Bosn, Hallstrom, Holdcroft, Rountree, Storer, Storm
Nay:
Absent:
Present Not Voting:2 Senators DeBoer, McKinney
Testimony:
Proponents: Representing:
Senator Kathleen Kauth Opening Presenter
Aaron Hanson Douglas County Sheriff's Office
Julie Harris Bike Walk Nebraska
Yun Saksena BicycLincoln
Eric Anderson Bike Walk Nebraska
Brian Ortner AAA Auto Club Group
Kristi Covalciuc Self
Jared Haynes Bike Walk Nebraska
Robert Bell Nebraska Insurance Federation
Luke Riley Strong Towns Lincoln
Opponents: Representing:
Spike Eickholt Nebraska Criminal Defense Attorneys Association
Neutral: Representing:
* ADA Accommodation Written Testimony
Summary of purpose and/or changes:
LB 530 changes provisions relating to motor vehicle homicide and motor vehicle homicide of an unborn child. The bill
provides and changes penalties and also amends provisions of the Nebraska Rules of the Road to change fine
amounts for speeding violations, define “vulnerable road user” and redefine “reckless driving,” change provisions
regarding passing a stopped vehicle, and provide a requirement for approaching or passing a vulnerable road user.
Committee Statement: LB530
Judiciary Committee
Page 1 10693319d813dc4cd2335f32ba46e491 Section-by-Section Summary
Section 1: Amends section 28-306 by changing the conviction level for motor vehicle homicide to a Class IV felony if
the proximate cause of the death of another is the operation of a motor vehicle. This section further amends section
28-306 to provide that the minimum period of time that a court may order a person not to drive any motor vehicle
following a conviction for motor vehicle homicide be dependent on the violation and the misdemeanor or felony
designation. Depending on the type of conviction, the minimum period a court shall order a person not to drive is up to
2 years while the maximum is 15 years. Regardless of the length of the driving ban, the person’s license shall be
suspended for the same period of time.
Section 2: Amends section 28-394 regarding motor vehicle homicide of an unborn child by changing the minimum
period of time provisions that a court may order a person not to drive any motor vehicle following a conviction to be
dependent on the violation and the misdemeanor or felony designation. Depending on the type of conviction, the
minimum period a court shall order a person not to drive is at least 60 days while the maximum is not more than 15
years. For a conviction relating to motor vehicle homicide of a child, such period is up to 2 years. Regardless of the
length of the driving ban, the person’s license shall be suspended for the same period of time.
Sections 3 and 4: Harmonizing changes to sections 60-601 and 60-605.
Section 5: Adds a new section to the Nebraska Rules of the Road defining "vulnerable road user."
Section 6: Amends section 60-682.01 to increase the fine amounts for speed limit violations. Convictions for a
violation of 1 to 5 miles per hour (MPH) over the speed limit shall be $50.00; convictions for a violation over 5 but not
over 10 MPH shall be $75.00; convictions for a violation over 10 but not over 15 MPH shall be $100.00; convictions
for a violation over 15 but not over 20 MPH shall be $200.00; convictions for a violation over 20 but not over 35 MPH
shall be $300.00; and convictions for a violation over 35 MPH shall be $400.00.
Section 7: Amends section 60-6,213 to provide that evidence that a person was driving in excess of double the
posted maximum speed limit is prima facie evidence of reckless driving.
Section 8: Amends section 60-6,378 to change required actions of a motorist passing a stopped vehicle located on
the same side of the highway and depending on how many adjacent lanes of travel are in the same direction. This
section further amends section 60-6,378 to provide that this section is inapplicable if the stopped vehicle is
unoccupied or there are no individuals present near the vehicle. Finally new language is added to this section
providing that moving into another lane is considered not reasonably possible if it would be impractical or unsafe
because of weather conditions, road conditions, or the immediate presence of vehicular or pedestrian traffic.
Section 9: This is a new section added to the Nebraska Rules of the Road that mandates an operator of a motor
vehicle to proceed with due care and caution when approaching or passing a vulnerable road user. This section also
provides required actions of a motorist approaching or passing a vulnerable road user, depending on how many
adjacent lanes of travel are in the same direction. Finally, this section adds new language to provide that this section
does not grant any vulnerable road user the right to be on or along any highway in violation of any other state or local
law.
Section 10: Repealer.
Explanation of amendments:
Committee Statement: LB530
Judiciary Committee
Page 2 10693319d813dc4cd2335f32ba46e491 The Committee considered and adopted an amendment (AM 1149) which strikes and replaces the original sections
and includes LB 530 as amended by AM 559 and AM 980. AM 1149 also incorporates both LB 6 and LB 124 as
introduced, LB 44 as amended by AM 1141, LB 395 as amended by AM 795, LB 404 as amended by AM 372,
portions of LB 556, portions of LB 600, and LB 684 as amended AM 1166. LB 530 comprises sections 3, 4, 24 to 27,
and 30 to 32 of AM 1149; LB 6 comprises section 5 of AM 1149 , LB 44 comprises section 10 of AM 1149, LB 124 is
included in section 4 of AM 1149, LB 395 comprises sections 6 and 21 of AM 1149, LB 404 comprises sections 7 to 9
of AM 1149, LB 684 comprises sections 1, 2, 12, 13, 16 to 20, 22, and 23 of AM 1149, portions of LB 556 comprise
sections 11, 14, and15 of AM 1149, and portions of LB 600 comprise sections 24, 28, and 29 of AM 1149.
LB 6 was introduced by Senator Bosn and amends subsection (16) of section 28-416 of the Uniform Controlled
Substances Act to provide for an enhanced penalty for any person convicted of a violation of subsection (1) of such
section, by mandating that he or she be punished by the next higher penalty classification than the penalty prescribed
in subsection (2), (7), (8), (9), or (10) of such section, if such violation resulted in the use of a controlled substance
and directly and proximately caused the death of, or serious bodily injury to, another person. The bill further provides
in no event shall an enhanced penalty under this subsection result in a penalty greater than a Class IB felony.
LB 6 was amended into LB 530 on a 7-1 vote of the committee:
Aye: Senators Bosn, DeBoer, Hallstrom, Holdcroft, Rountree, Storer, Storm
Nay: Senator McKinney
LB 6 had a public hearing January 29, 2025, with the following testimony:
Proponents:
Senator Carolyn Bosn , Opening Presenter
Patrick Condon, Lancaster County Attorney; Nebraska County Attorneys Association
Sandra Allen, Attorney General's Office
Patrick Dempsey, Omaha Police Officers Association
Robert Griffith, Self
Adam Wiblishhouser, Self
Joseph LeDuc, Self
Opponents:
Sarah Newell, Nebraska Criminal Defense Attorneys Association; Lancaster County Public Defenders Office
Spike Eickholt, Nebraska Criminal Defense Attorneys Association
Alex Dworak, Self
Neutral: None
LB 44 was introduced by Senator McKinney and amends section 29-3001 by adding an additional factor to be
considered when determining when the one-year statute of limitation shall run on the filing for a verified motion for
postconviction relief by a prisoner claiming a right to be released on the ground of denial or infringement of
constitutional rights. As amended, the statute of limitation shall run from the later of the factors established within the
statute to include the date on which the prisoner reaches twenty-one years of age.
AM 1141 further amends section 29-3001 regarding when an individual can petition the court for postconviction relief,
amending new subdivision (4)(f) of such section to add that for the new factor added by LB 44 to apply, the offense
would have to be committed when the prisoner was younger than eighteen years of age.
LB 44, as amended, was amended into LB 530 on a 7-0-1 vote of the committee:
Committee Statement: LB530
Judiciary Committee
Page 3 10693319d813dc4cd2335f32ba46e491 Aye: Senators Bosn, DeBoer, Hallstrom, Holdcroft, McKinney, Rountree, Storm
Present Not Voting: Senator Storer
LB 44 had a public hearing March 14, 2025, with the following testimony:
Proponents:
Senator Terrell McKinney , Opening Presenter
Spike Eickholt, Nebraska Criminal Defense Attorneys Association; Nebraskans for Alternatives to the Death Penalty
Webb Bancroft, Bancroft Law
Jason Witmer, ACLU of Nebraska
Opponents: None
Neutral: None
LB 124 was introduced by Senator Holdcroft and harmonizes the penalty for motor vehicle homicide of an unborn
child while driving under the influence to match the penalty for motor vehicle homicide while driving under the
influence. As such, the penalty increases from a Class IIIA felony to a Class IIA felony if driving under the influence of
alcohol or drugs or driving with a revoked license. The penalty increases from a Class IIA felony to a Class II felony if
the driver had a prior conviction for driving under the influence of alcohol and is driving under the influence or driving
with a revoked license.
LB 124 was amended into LB 530 on a 8-0 vote of the committee:
Aye: Senators Bosn, DeBoer, Hallstrom, Holdcroft, McKinney, Rountree, Storer, Storm
LB 124 had a public hearing January 23, 2025, with the following testimony:
Proponents:
Senator Rick Holdcroft , Opening Presenter
Ryan Lindberg, Douglas County Attorney; Nebraska County Attorneys Association
Darla Bengtson, self
Chris Wagner, Project Extra Mile
Elizabeth Nunnally, Nebraska Family Alliance
Bud Synhorst, Nebraska Right to Life
Opponents:
Spike Eickholt, Nebraska Criminal Defense Attorneys Association
Neutral: None
LB 395 was introduced by Senator DeKay and relates to sealed juvenile records and unlawful possession of a firearm
by a prohibited juvenile offender. The bill makes sealed juvenile record information readily available to local law
enforcement agencies to determine prior adjudications for firearm background check purposes. The bill as amended
by AM 795 clarifies that the offense of possession of a firearm by a prohibited juvenile offender includes an offense
for which a juvenile record has been sealed upon termination of probation, and provides that when the court orders a
juvenile record sealed, the juvenile be informed that he or she is prohibited from possessing a firearm under section
28-1204.05.
LB 395 was amended into LB 530 on a 8-0 vote of the committee:
Aye: Senators Bosn, DeBoer, Hallstrom, Holdcroft, McKinney, Rountree, Storer, Storm
Committee Statement: LB530
Judiciary Committee
Page 4 10693319d813dc4cd2335f32ba46e491 LB 395 had a public hearing March 27, 2025, with the following testimony:
Proponents:
Senator Barry DeKay , Opening Presenter
Kari Rumbaugh, Administrative Office of the Courts & Probation
William Rinn, Douglas County Sheriff's Office; Nebraska Sheriffs Association; Police Chiefs Association of Nebraska
Opponents: None
Neutral: None
LB 404 was introduced by Senator Hallstrom and amends section 29-2263 to authorize the court to extend a term of
probation upon joint application of the probation officer and the probationer. As amended by AM 372, the bill also
amends section 29-2262.06 to authorize the court to waive payment of probation and programming fees described in
subdivisions 2(m) and (o) of section 29-2262, in whole or in part, if the offender has been previously found to be
indigent in the case for which he or she is placed on probation. AM 372 also amends section 29-2267 to provide that
when a motion or information to revoke probation is filed, the probation term may be extended at the joint request of
the probationer and prosecutor until final resolution of the motion or information to revoke probation or until the
expiration of the statutorily defined maximum period of probation for the offense for which the probationer has been
placed on probation.
LB 404, as amended, was amended into LB 530 on a 8-0 vote of the committee:
Aye: Senators Bosn, DeBoer, Hallstrom, Holdcroft, McKinney, Rountree, Storer, Storm
LB 404 had a public hearing February 19, 2025, with the following testimony:
Proponents:
Senator Bob Hallstrom , Opening Presenter
Gene Cotter, Administrative Office of the Courts & Probation
Opponents: None
Neutral: None
LB 684 was introduced by Senator Bostar and adopts the Juvenile Probation Administration Act. The Act transfers the
responsibility for administering juvenile probation from the Office of Probation Administration to a newly created
Juvenile Probation Agency within the executive branch. The Juvenile Probation Agency would consist of the Juvenile
Probation Administrator, the newly created Nebraska Juvenile Probation System, and other employees as necessary.
The agency would supervise and administer the system, establish probation policies and standards for the system in
consultation with the Nebraska Supreme Court, and supervise juveniles on probation.
The Governor would be required to appoint the Juvenile Probation Administrator by July 1, 2026, subject to the
Legislature’s approval. The Juvenile Probation Administrator would be required to submit a biannual report to the
DAS budget division, the Legislative Fiscal Analyst, and the Supreme Court that includes the number of juvenile
cases and the total number of juvenile screening interviews and detentions authorized in the previous six months. The
Juvenile Probation Administrator would also be required, in consultation with the Supreme Court, to divide the state
into juvenile probation districts and to appoint for each district probation officers, including a chief juvenile probation
officer and deputy juvenile probation officers.
Committee Statement: LB530
Judiciary Committee
Page 5 10693319d813dc4cd2335f32ba46e491 The bill also eliminates the following terminated entities: the Children and Juveniles Data Feasibility Study Advisory
Group, a child welfare practice model work group, and a child welfare strategic leadership group.
The committee adopted AM 1166 to LB 684 which strikes all original provisions, including the Juvenile Probation
Administration Act, and replaces them with five new sections of law and six amendatory sections. The new sections
are found in sections 2, 12, 17, 19, and 22 of AM 1149 and involve electronic monitoring devices, notice requirements
when a juvenile probationer is taken into custody, high-risk juvenile probationers, revocation hearings for juvenile
probationers, and county lists of juvenile probationers. The amendatory sections are found in sections 1, 13, 16, 18,
20, and 23 of AM 1149 and are explained in the section-by-section summary of this statement.
LB 684 was amended into LB 530 on a 6-1-1 vote of the committee:
Aye: Senators Bosn, Hallstrom, Holdcroft, Rountree, Storer, Storm
Nay: Senator McKinney
Present Not Voting: Senator DeBoer
LB 684 had a public hearing February 28, 2025, with the following testimony:
Proponents:
Senator Eliot Bostar , Opening Presenter
Patrick Dempsey, Omaha Police Officers Association
Don Kleine, Douglas County Attorney
Joe Villamonte, Lincoln Police Union
Matayo Bass, El Centro
Isaac Loewe, Lighthouse After School Program
Steve Cerveny, Omaha Police Department
Michon Morrow, Lincoln Police Department
Dan Martin, Omaha Police Officers Association
Anthony Conner, Nebraska State Fraternal Order of Police
Tiffany Pelley, Self
Ben Houchin, Nebraska Sheriffs Association
Amber Wood, Self
Tammy Parker, Self
Ryan Dvorak, Lancaster County Human Services
Bill Michener, Lighthouse
Opponents:
William Reay, Omaha Creative Care
Corey Steele, Administrative Office of the Courts & Probation
Justin Wayne, Self
Roger Heideman, Nebraska Juvenile Court Judges Association
Lori Harder, Self
Deb Minardi, Self
Dennis Marks, Self
Tami Robinson Soper, Boys Town
Jennifer Houlden, Nebraska Criminal Defense Attorneys Association
Nick Juliano, RADIUS
Tim Hruza, Nebraska State Bar Association
Committee Statement: LB530
Judiciary Committee
Page 6 10693319d813dc4cd2335f32ba46e491 Neutral:
Aaron Hanson, Douglas County Sheriff's Office
Pat Condon, Lancaster County
Katie Nungesser, Voices for Children in Nebraska
Section-by-Section Summary:
Section 1: Amends section 28-101 to add Section 2 of the bill to the Nebraska Criminal Code. (LB 684 as amended
by AM 1166)
Section 2: A new section that prohibits a person from intentionally and without authorization removing, destroying,
altering, tampering with, damaging, or circumventing the operation of an electronic monitoring device required to be
worn or used by that person or another person pursuant to a court order or as a condition of parole. A violation of this
section is a Class IV felony if the electronic monitoring device is required to be worn or used pursuant to a court order
or as a condition of parole in a felony case. In all other cases, it is a Class I misdemeanor. (LB 684 as amended by
AM 1166)
Section 3: Amends section 28-306 to provide that for a conviction under subsection (2) or subdivision (3)(a) of this
section, the court may, as a part of the judgment of conviction, order the person not drive any motor vehicle for any
purpose for period of up to 2 years and order that the operator's license of such person be suspended for the same
period. Section 28-306 is further amended to provide that for a conviction under subsection (3)(b) or subdivision (c) of
this section, the court may, as a part of the judgment of conviction, order the person not drive any motor vehicle for
any purpose for period of 15 years and shall order that the operator's license of such person be suspended for the
same period. (LB 530 as amended by AM 559)
Section 4: Includes the increased penalty changes made by LB 530, but also amends section 28-394 to provide that
for a conviction under subsection (2) or subdivision (3)(a) of this section, the court may, as a part of the judgment of
conviction, order the person not drive any motor vehicle for any purpose for period of up to 2 years and order that the
operator's license of such person be suspended for the same period. Section 28-394 is further amended to provide
that for a conviction under subdivision (3)(b) or (c) of this section, that the court shall, as part of the judgement of
conviction, order the person not to drive any motor vehicle for any purpose for a period of at least 60 days and not
more than 15 years and shall order that the operator's license of such person be revoked for the same period. An
order of the court described in this section shall be administered upon sentencing, final judgment of any appeal, or the
date that any probation is revoked. (LB 530 as amended by AM 559 and LB 124)
Section 5: Amends section 28-416 to provide enhanced penalties for any person convicted of a violation of subsection
(1) of this section to mandate punishment by the next higher penalty classification than the penalty prescribed in
subsection (2), (7), (8), (9), or (10) if such violation resulted in the use of a controlled substance and directly and
proximately caused the death of, or serious bodily injury to another person. A penalty enhanced under this subsection
shall in no event result in penalty greater than a Class IB felony. (LB 6)
Section 6: Amends section 28-1204.05, which provides that a person under the age of 25 years commits the offense
of knowingly possessing a firearm by a prohibited juvenile offender if he or she has previously been adjudicated in
juvenile court for a misdemeanor or felony domestic violence crime. The bill adds language that this section applies to
domestic violence offenses for which a juvenile record has been sealed upon termination of probation. (LB 395)
Section 7: Amends 29-2262.06 authorizing the court to waive payment of probation and programming fees described
in subdivisions 2(m) and (o) of section 29-2262, in whole or in part, if the offender has been previously found to be
indigent in the case for which he or she is placed on probation or if after a hearing a determination is made that such
Committee Statement: LB530
Judiciary Committee
Page 7 10693319d813dc4cd2335f32ba46e491 payment would constitute an undue hardship on the offender. Such waiver shall be in effect only during the period of
time that the probationer or participant in a non-probation-based program or service is unable to pay his or her
monthly programming fee. (LB 404 as amended by AM 372)
Section 8: Amends section 29-2263 to provide that the court on joint application of the probation officer and the
probationer may extend the term of probation within the limits authorized by subdivision (1)(a) of this section. (LB 404
as amended by AM 372)
Section 9: Amends section 29-2267 to provide that when a motion or information to revoke probation is filed, the
probation term may be extended at the joint request of the probationer and prosecutor until final resolution of the
motion or information to revoke probation or until the expiration of the statutorily defined maximum period of probation
for the offense for which the probationer has been placed on probation. A court shall accept such request to extend a
term of probation so long as the probationer is represented by counsel or the court finds, in open court, that the
probationer makes the request freely, voluntarily, knowingly, and intelligently. (LB 404 as amended by AM 372)
Section 10: Amends section 29-3001 regarding when a prisoner can petition the court for postconviction relief. New
subdivision (4)(f) of such section provides another date by which the statute of limitations may run. Such date is when
the prisoner reaches 21 years of age for an offense committed when such prisoner was younger than 18 years of
age. (LB 44 as amended by AM 1141)
Section 11: Amends section 43-245 to define “detention” for purposes of the Nebraska Juvenile Code. (LB 684 as
amended by AM 1166)
Section 12: A new section of law that provides that if a peace officer takes a juvenile probationer into custody for a
criminal violation as defined in section 43-286.01, the peace officer shall immediately take reasonable measures to
notify a juvenile intake probation officer. (LB 684 as amended by AM 1166)
Section 13: Amends section 43-250 to provide that, when a juvenile is arrested for a felony or misdemeanor involving
firearms or deadly weapons, the probation officer shall determine the need for detention as provided in section
43-260.01. If the results of the standardized juvenile detention screening instrument indicate that detention is not
required, the probation officer shall make a recommendation to the judge for release without restriction or release to
an alternative to detention. For any other arrest of a juvenile, the probation officer shall determine the need for
detention as provided in section 43-260.01. This section also sets out conditions for when a juvenile may not be
released without bond when detention is not required. (LB 684 as amended by AM 1166)
Section 14: Amends section 43-251.01 to provide that a juvenile may be detained if detention is a matter of immediate
and urgent necessity for the protection of such juvenile, as evidenced by a demonstrable record of fleeing from law
enforcement, absconding from a court-ordered placement, absconding from home, committing a violent offense,
committing multiple property crimes, or threatening harm to self or others. This section also lowers the minimum age
for detention from 13 years of age to 11 years of age. (LB 684 as amended by AM 1166)
Section 15: Amends section 43-253 to provide that a hearing for a juvenile taken into temporary custody for longer
than 24 hours may only be waived by the juvenile if the waiver is with the agreement of the juvenile’s counsel and the
prosecuting attorney. Current law allows a juvenile to waive the hearing through counsel. This section also provides
that a juvenile may be detained if detention is a matter of immediate and urgent necessity for the protection of such
juvenile, as evidenced by a demonstrable record of fleeing from law enforcement, absconding from a court-ordered
placement, absconding from home, committing a violent offense, committing multiple property crimes, or threatening
harm to self or others. (LB 684 as amended by AM 1166)
Committee Statement: LB530
Judiciary Committee
Page 8 10693319d813dc4cd2335f32ba46e491 Section 16: Harmonizing change to section 43-250. (LB 684 as amended by AM 1166)
Section 17: A new section of law that provides that if a juvenile court decides to place a juvenile on probation, the
court shall conduct a hearing to determine whether the juvenile is a high-risk juvenile probationer. This section also
defines when a court must designate a juvenile as a high-risk juvenile probationer. (LB 684 as amended by AM 1166)
Section 18: Amends section 43-286.01 to define the terms “criminal violation” and “high-risk juvenile probationer” for
purposes of this section. This section changes the requirements for probation officers providing notice and reports to
county attorneys regarding graduated response sanctions imposed by the probation officer. (LB 684 as amended by
AM 1166)
Section 19: A new section of law that provides that the probation officer shall send a progress report to the county
attorney and the juvenile’s attorney at least fourteen calendar days before the expiration of any juvenile’s term of
probation. This section also allows the county attorney to file a motion to revoke probation and provides for the
appointment of counsel for an unrepresented juvenile. If a motion to revoke probation under this section is filed no
later than seven calendar days before the expiration of the juvenile’s term of probation, the court shall schedule a
revocation hearing prior to the date of expiration. (LB 684 as amended by AM 1166)
Section 20: Amends section 43-2,108 to provide that when a juvenile court order places a juvenile on electronic
monitoring, the order must state that a designated law enforcement officer shall receive data from the electronic
monitoring device. This section also requires the Office of Probation Administration to provide the Nebraska
Commission on Law Enforcement and Criminal Justice with certain information to include whether the juvenile is a
prohibited juvenile offender, search and seizure status, criminal associations, and school records. (LB 684 as
amended by AM 1166)
Section 21: Amends section 43-2,108.05 to provide that if the court orders a juvenile record sealed, the court shall
explain to the juvenile that he or she is prohibited from possessing a firearm under section 28-1204.05. (LB 395 as
amended by AM 795)
Section 22: A new section of law that requires the Office of Probation Administration to generate a list of all juvenile
probationers in each county on or before the first day of each month and provide such list to each law enforcement
agency with jurisdiction over such county. (LB 684 as amended by AM 1166)
Section 23: Harmonizing change to section 43-2,129. (LB 684 as amended by AM 1166)
Section 24: Harmonizing change to section 60-601. (LB 530 as amended by AM 559 and AM 980)
Section 25: Harmonizing changes to section 60-605. (LB 530 as amended by AM 559)
Section 26: Amends the Nebraska Rules of the Road to provide a new defined term of "vulnerable road user" to
mean any pedestrian who is on a highway and constructing or repairing such highway, working on utility facilities
along a highway, providing emergency services on or along a highway, in a crosswalk, or on the shoulder; any
individual operating any bicycle, electric bicycle, motorcycle, moped, or any vehicle or device similar to any vehicle or
device listed above; any individual who is riding an animal or driving an animal-drawn vehicle on or along a highway;
any individual operating an implement of husbandry including a farm tractor on or along a highway; and any individual
who is in a crosswalk or on a shoulder and who is on any coaster, skate, sled, ski, board, or toy vehicle, electric
personal assistive mobility devices, or wheelchair. (LB 530)
Section 27: Amends section 60-682.01 to increase the fine amounts for speed limit violations. Convictions for a
Committee Statement: LB530
Judiciary Committee
Page 9 10693319d813dc4cd2335f32ba46e491 violation of 1 to 5 miles per hour (MPH) over the speed limit shall be $50.00; convictions for a violation over 5 but not
over 10 MPH shall be $75.00; convictions for a violation over 10 but not over 15 MPH shall be $100.00; convictions
for a violation over 15 but not over 20 MPH shall be $200.00; convictions for a violation over 20 but not over 35 MPH
shall be $300.00; and convictions for a violation over 35 MPH shall be $400.00. (LB 530)
Section 28: Harmonizing change to section 60-6,186. (LB 530 as amended by AM 559)
Section 29: A new section of law added to the Nebraska Rules of the Road authorizing the Department of
Transportation to temporarily reduce speed limits under specific conditions, such as adverse weather, an emergency
situation, or traffic congestion. The department must clearly communicate these changes to drivers through electronic
or digital signage. The department shall develop and implement a policy to carry out this section and shall keep
appropriate records relating to such speed limit changes. (LB 530 as amended by AM 559)
Section 30: Amends section 60-6,213 to provide that evidence that a person was driving in excess of double the
posted speed limit is prima facie evidence that the motor vehicle was being driven in a manner as to indicate an
indifferent or wanton disregard for the safety of persons or property. (LB 530)
Section 31: Amends section 60-6,378 to to change required actions of a motorist passing a stopped vehicle located
on the same side of the highway. As amended, drivers shall proceed with due care and caution if there are at least
two adjacent lanes of travel in the same direction and on the same side of the highway as the stopped vehicle, and
the driver of the approaching or passing vehicle shall proceed with due care and caution and yield the right-of-way
when approaching or passing the stopped vehicle by moving into a lane at least one moving lane apart from the
stopped vehicle unless directed otherwise by any peace officer, authorized emergency personnel, or road assistance
personnel. If there are not two adjacent lanes of travel in the same direction on the same side of the highway or if
moving into another lane is not reasonably possible, the driver of the approaching or passing vehicle shall reduce
speed, and maintain a safe speed with regard to the location of the stopped vehicle, weather conditions, and
vehicular or pedestrian traffic. Section 60-6,378 is further amended to provide that a violation of this subsection is a
Class IIIA misdemeanor for a second or subsequent violation committed within five years after a conviction for a
violation of this subsection, or a traffic infraction for any other violation. These requirements do not apply if the
stopped vehicle is unoccupied and there are no individuals present near the vehicle. (LB 530)
Section 32: This new section added to the Nebraska Rules of the Road mirrors the provisions of section 31 but is in
regard to the operation of a motor vehicle when approaching or passing a vulnerable road user. This section also
provides that any vulnerable road user does not have the right to be on or along any highway in violation of any other
state or local law. (LB 530)
Section 33: Repealer.
Carolyn Bosn, Chairperson
Committee Statement: LB530
Judiciary Committee
Page 10 10693319d813dc4cd2335f32ba46e491