Nebraska could join a growing number of states to exempt feminine hygiene products from sales taxes under a bill in the Legislature.
Sen. Terrell McKinney of Omaha introduced LB881, a two-pronged approach that he said would address criminal justice reform and gender inequities across the state. The bill would exempt menstrual hygiene products from state sales tax and would require all detention facilities in the state to provide inmates with those products for free.
“Women shouldn’t be taxed or upsold on products that are essential in their daily lives,†McKinney told the Revenue Committee at a hearing last week.
The bill would halt state sales tax from being applied to tampons, panty liners, menstrual cups, sanitary napkins and other similar products. According to the legal group Period Equity, which advocates for menstrual equity, Nebraska is among 27 states that still apply sales tax to menstrual products.
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Similar bills have been introduced in the Nebraska Legislature in recent years but have failed to gain traction.
Scout Richters, a lawyer at ACLU of Nebraska, spoke in support of the bill.
“Menstrual products are necessities like medicine and food, which have long been exempt from sales tax,†she said. “The Nebraska tax code should reflect this reality.â€
LB881 would also require detention facilities to supply feminine hygiene products to female inmates free of charge.
The for the Nebraska Department of Corrections is to provide generic pads and tampons to inmates for free. Name-brand and other types of menstrual products are for sale in prison commissaries.
Jon Cannon, executive director of the Nebraska Association of County Officials, spoke at the hearing in a neutral capacity. He said county jails in the state do provide menstrual products for free, but the question of whether or not these products are adequate is a separate conversation that is not addressed by the bill.
“To the extent that we provide generic materials, this is in keeping with the very conservative purchasing decisions that county governments make,†Cannon said. “We don’t buy gold-plated road graders, we don’t mix diamond dust in with our gravel. And this is in keeping with that philosophy.â€
McKinney acknowledged the policies in state prisons and county jails, but said he wanted to ensure that the products would remain free regardless of policy changes.
“I know counties and the state provide (hygiene products) free of charge, but one day (an inmate) could wake up and they could not be free,†he said. “It’s just making sure that we put it in the statute.â€
No opponents spoke against LB881 and no immediate action was taken on the bill.