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THE 107TH LEGISLATURE, FIRST SESSION

BILLS OF CRITICAL INTEREST
Bills of critical interest are those that will be actively lobbied either in support or opposition.

LB 7
Sponsor: Blood
Committee:Judiciary
Hearing Date:
Status:

IMMUNITY FOR WITNESSES OR VICTIMS OF VIOLENT CRIMES: Would provide immunity from certain drug related or prostitution-related offenses to witnesses or victims of violent crimes and to those cooperating with law enforcement during investigation or prosecution of such crimes. NATA Position: Bill is under review, no position at this time.

LB 8
Sponsor: Blood
Committee: Government, Military & Veterans' Affairs
Hearing Date:
Status:
ELECTIONEERING COMMUNICATIONS FOR INDEPENDENT EXPENDITURE COMMITTEES: Creates a definition of electioneering communications in relation to the NE Accountability and Disclosure Commission. Any ad, voter guide, communication by an independent expenditure committee must include the name of the targeted candidate or ballot question in its NADC filing. Any person, other than a committee, who makes an electioneering communication of more than $1,000 must file a report with the commission within 2 days. The report must include the name, address, employer, and place of business of all persons who contribute $250 or more to the communication. NATA Position: Bill is under review, no position at this time.

LB 14
Sponsor: Blood
Committee: Health & Human Services
Hearing Date: 1/27/2021
Status:
AUDIOLOGY AND SPEECH LANGUAGE PATHOLOGY INTERSTATE COMPACT: Would adopt the Compact and provide an immunity from liability to members officers,executive directors, employees and representatives of the Compact Commission. NATA Position: Bill is under review, no position at this time.


LB 15
Sponsor: Blood
Committee: Health & Human Services
Hearing Date: 1/28/2021
Status:
OCCUPATIONAL THERAPY PRACTICE INTERSTATE COMPACT: Would adopt the Compact and provide an immunity from liability to members officers, executive directors, employees and representatives of the Compact Commission. NATA Position: Bill is under review, no position at this time.

LB 31
Sponsor: Wayne
Committee: Judiciary
Hearing Date:
Status:
AUTHORIZE PUNITIVE DAMAGES: The bill would allow punitive damages for egregious behavior. Fines collected as a result would go to the common schools. NATA Position: Bill is under review, no position at this time.


LB 52
Sponsor: Lathrop
Committee: Judiciary
Hearing Date:
Status:
IMMUNITY FOR COVID-19 EXPOSURE: Would provide civil immunity for any injury or death resulting from a COVID exposure that occurred after the effective date of the act. NATA Position: Bill is under review, no position at this time.

LB 53
Sponsor: Lathrop
Committee: Judiiciary
Hearing Date:
Status:
CRISIS STANDARD OF CARE IMMUNITY: Would provide civil immunity for any injury or death resulting from a COVID exposure that occurred after the effective date of the act. NATA Position: Bill is under review, no position at this time.

LB 54
Sponsor: Lathrop
Committee: Judiciary
Hearing Date:
Status:
INTENTIONAL TORT LIABILITY FOR THE STATE AND POLITICAL SUBDIVISIONS: Would allow for claims arising out of certain intentional acts that are the direct result ofnegligent failure to protect a person to whom the state or political subdivisions of the state owe a duty of care. NATA Position: Bill is under review, no position at this time.


LB 71
Sponsor: Wayne
Committee: Judiciary
Hearing Date:
Status:
INTENTIONAL TORT LIABILITY FOR THE STATE AND POLITICAL SUBDIVISIONS: Would allow for claims arising out of certain intentional acts committed by an employee or arising from acts committed by a third party as a result of negligence by the subdivision, state, or an employee. The bill would apply to certain previously dismissed cases and would add juvenile courts to a definition. NATA Position: Bill is under review, no position at this time.

LB 139
Sponsor: Briese
Committee: Judiciary
Hearing Date:
Status:
COVID-19 IMMUNITY: Would limit liability for COVID-19 exposure from health care facilities and practitioners, schools including colleges and universities, religious or charitable organizations, the State of Nebraska and its political subdivisions, businesses and other legal entities. Liability would be limited to hospitalizations or deaths if the plaintiff can prove by clear and convincing evidence that the exposure was due to gross negligence or willful misconduct. The entity would not be liable if the act or omission alleged to have caused the exposure was in compliance with COVID-19 related public health guidance. NATA Position: Bill is under review, no position at this time.


LB 160
Sponsor: Wayne
Committee: Judiciary
Hearing Date:
Status:
MEDICAL MALPRACTICE CAPS: Health care providers would be required to raise their malpractice coverage to $5 million for each occurrence and for certain providers $10 million per policy year and for hospitals and their employees, $30 million per policy year. Limits on the total amount recoverable would be raised to $10 million per occurrence. NATA Position: Bill is under review, no position at this time.

LB 167
Sponsor: Geist, Lowe
Committee: Judiciary
Hearing Date:
Status:
PROTECTION OF RELIGIOUS FREEDOMS: Would allow religious organizations to hold services and continue operating under a state of emergency. The bill creates a claim for a violation against the government under the Political Subdivisions Tort Claims and State Tort Claims Acts. NATA Position: Bill is under review, no position at this time.


LB 170
Sponsor: Hansen, M.
Committee: Business & Labor
Hearing Date:
Status: Bill was withdrawn 1/22/2021 as it is a duplicate of LB 207
WORKERS' COMPENSATION- DISABILITY: Would decrease time before disability compensation is received from 7 to 3 days, with compensation beginning on the 4th day of disability. Would decrease time before long term disability is determined from 6 weeks to 2 weeks.


LB 183
Sponsor: Cavanaugh, M., Day, Hunt, McKinney, Pansing Brooks
Committee: Health & Human Services
Hearing Date:
Status:
IMMUNITY PROVISION- SEXUAL ASSAULT EMERGENCY CARE ACT: Under the Act, when a complaint is received regarding failure of a hospital for following the Act, the person submitting the complaint shallbe immune from criminal or civil liability of any nature. NATA Position: Bill is under review, no position at this time.

LB 207
Sponsor: McDonnell
Committee: Business & Labor
Hearing Date:
Status:
WORKERS' COMPENSATION- DISABILITY: Would decrease time before disability compensation is received from 7 to 3 days, with compensation beginning on the 4th day of disability. Would decrease time before long term disability is determine from 6 weeks to 2 weeks. NATA Position: Bill is under review, no position at this time.

LB 256
Sponsor: Hansen
Committee: Business & Labor
Hearing Date:
Status:
WORKERS COMPENSATION: MEDICARE LUMP-SUM SETTLEMENT AND RELEASES: Would allow lump-sum settlement agreements to be sent to the Workers Compensation Court for approval and eliminates the need for a release to be filed with the Court if: the employee's right to future medical services is specifically excluded from the agreement and Medicare has not paid the expenses, or if Medicare has paid expenses and has been reimbursed at the time the settlement is executed. NATA Position: Bill is under review, no position at this time.

LB 297
Sponsor: Lindstrom
Committee: Banking, Commerce & Insurance
Hearing Date: 1/26/2021
Status:
IMMUNITY PROVISION: PROTECTION OF VULNERABLE ADULTS FROM FINANCIALEXPLOITATION: Would provide immunity to a brokerdealer, investment advisor, agent, investment adviser representative, or person who serves in a supervisory, compliance, or legal capacity for a broker-dealer or investment adviser for exercising good faith and reasonable care in reporting financial exploitation of a vulnerable adult, delaying access to funds due to suspected exploitation, or providing copies of records due to such suspected financial exploitation. NATA Position: Bill is under review, no position at this time.

LB 300
Sponsor: Slama, Albrecht, Bostelman, Brewer, Briese, Clements, Dorn, Erdman, Friesen, Geist, Gragert, Groene, Hansen, B., Hughes, Linehan, Lowe, Murman, Sanders

Committee:Judiciary
Hearing Date:
Status:
IMMUNITIES: USE OF FORCE AND CASTLE DOCTRINE: Would change the standard under justification of the use of force to having a reasonable and in good faith belief that the conduct is necessary to protect oneself or others. Changes would apply in criminal as well as certain civil actions. Adds rebuttable presumptions that when the actor is in their dwelling, place of work, or motor vehicle, the actor has a reasonable and good faith belief for the use of force, and that someone who enters such location unlawfully or forcibly is doing so with the intent to commit an unlawful act involving force or violence. NATA Position: Bill is under review, no position at this time.


LB 326
Sponsor: Slama

Committee: Judiciary
Hearing Date: 1/27/2021
Status:
IMMUNITIES: FIRST RESPONDERS: Would provide for immunity claims against first responders operating motor vehicles and arising from vehicular pursuits and provide for policies, training, and duties relating to vehicular pursuits. NATA Position: Bill is under review, no position at this time.

LB 397

Sponsor: Bostelman
Committee: Judiciary
Hearing Date:
Status:

ONLINE MOTOR VEHICLE INSURANCE VERIFICATION SYSTEM: Would prohibit a driver from recovering noneconomic damages in an automobile accident if such driver had no insurance coverage or financial responsibility coverage, or had been convicted of DUI offenses in connection to the accident. Would create an online verification system for accessing private passenger motor vehicle insurance information accessible only by certain members of the DMV, the courts, law enforcement, and insurers authorized by the Department of Insurance. Insurers would be responsible for uploading such information at the end of each day for all vehicles registered or garaged in the state. NATA Position:

LB 407
Sponsor: McDonnell
Committee: Business & Labor
Hearing Date:
Status:

WORKERS COMPENSATION-COUNTY CORRECTIONAL OFFICERS: Would add county correctional officers of a high-population county with more than 300,000 residents to the mental physical mental illness provisions including resiliency training. NATA Position:

LB 418
Sponsor: Murman
Committee: Health & Human Services
Hearing Date:
Status:

IMMUNITY PROVISION-COMPACT COMMISSION: Would adopt the Solemn Covenant of the States to Award Prizes for Curing Diseases compact. The compact would include immunity from civil liability for members, officers, executive director, employees, and representatives of the compact commission. NATA Position:

LB 420
Sponsor: Pahls
Committee: Business & Labor
Hearing Date:
Status:

WORKERS COMPENSATION- VOLUNTEER FIREFIGHTER DEATH OR DISABILITY: Would change provisions to include volunteer firefighters and firefighter paramedics to the rebuttable presumption that their death or disability due to cancer in certain situations occurred in the line of duty. NATA Position:

LB 439
Sponsor: Hansen, M.
Committee: Banking, Commerce & Insurance
Hearing Date:
Status:

ANTI-STACKING: Would allow stacking of uninsured or underinsured coverage for separate motor vehicle liability policies held by different policyholders who are not related and residing in the same household. NATA Position:

LB 441
Sponsor: Hansen, M.
Committee: Business & Labor
Hearing Date:
Status:

WORKERS COMPENSATION- COVID-19: Would create a presumption that an essential worker suffered an accident arising out of and in the course of employment if they test positive for COVID-19, are quarantined at the direction of the employer due to suspected COVID-19 exposure, or have COVID-19 listed as cause of death on a death certificate. Would not subject such COVID-19 cases to the waiting period for temporary total disability benefits. The bill would allow certain retroactive claims and would create the Retroactive COVID-19 Claims Fund to pay for any costs of retroactive claims. CARES Act and other federal monies may be used to offset costs. NATA Position:

LB 463
Sponsor: Arch
Committee:Business & Labor
Hearing Date:
Status:

WORKERS COMPENSATION- REMOTE PHYSICIAN PARTICIPATION: Would allow employee physicians to participate in examinations by employer physicians electronically as well as physically under the Workers' Compensation Act. NATA Position: Bill introduced at NATA's request, support.

LB 515
Sponsor: McKinney
Committee:
Hearing Date:
Status:

MUNICIPAL POLICE OVERSIGHT ACT: Would require cities with 5,000 or more inhabitants which employ full-time police officers to maintain a civil service commission. In addition, metropolitan and primary class cities must also establish an oversight board to monitor, investigate, and evaluate police standards and practices. Provides for creation of, membership, policies, and authority regarding said oversight boards. Members or employees of an oversight board are immune from liability for any actions taken or decisions made in good faith. NATA Position:

LB 530
Sponsor: Lathrop
Committee: Banking, Commerce & Insurance
Hearing Date:
Status:

MOTOR CARRIER FINANCIAL RESPONSIBILITY: Would provide that no liability policy be issued for motor carriers unless all coverage taken into account satisfies minimum federal financial responsibility limits for such carriers. NATA Position:

LB 554
Sponsor: Blood
Committee: Health & Human Services
Hearing Date:
Status:

IMMUNITY PROVISION-LICENSED PROFESSIONAL COUNSELORS INTERSTATE COMPACT: Would adopt the Compact and provide an immunity from civil suit and liability personally or in their official capacity. NATA Position:

LB 560
Sponsor: Briese
Committee: General Affairs
Hearing Date:
Status:

NEBRASKA RACETRACK GAMING ACT: Would allow for sports wagering under the Act within licensed racetrackenclosures and would provide an immunity to an authorized gaming operator or any officer, employee, or agent of an operator if they have reasonable cause to believe a person violated the Act and the person was detained in a reasonable manner for a reasonable length of time. Wouldrequire clear and convincing evidence that the detention was unreasonable under the circumstances for liability to apply. NATA Position:

LB 561
Sponsor: Briese
Committee: General Affairs
Hearing Date:
Status:

CREATES THE STATE RACING AND GAMING COMMISSION: Would create the commission to provide regulation of horse racing and games of chance. Would open up statutes including the Commission Compact which contains an immunity from liability for acts or omissions occurring during the performance and within the scope and responsibilities and duties of the Compact. NATA Position:

LB 612
Sponsor: Lathrop
Committee:Banking, Commerce & Insurance
Hearing Date:
Status:

MINIMUM LIABILITY LIMITS INCREASE: Would increase the minimum insurance liability limits from $25,000 per person and $50,000 per occurrence to $50,000 per person and $100,000 per occurrence. NATA Position: Bill introduced at NATA's request, support.

LB 639
Sponsor:Day
Committee: Education
Hearing Date:
Status:

SEIZURE SAFE SCHOOL ACT: For school year 2022-23 and each year thereafter, each school board shall have at least one school employee at each school who has been trained to administer or assist with self-administration of a seizure rescue medication or medication prescribed to treat seizure disorder symptoms. Training programs adopted by a state agency shall be consistent with national guidelines. The student's parent or guardian shall provide the school with authorization to administer the medication, dosage, and information regarding frequency of medication administration. School employees shall undertake an hour of self-study review of seizure disorder materials. School employees acting in compliance with the act are immune from liability unless their actions result in damages from willful or wanton misconduct. NDE will develop training requirements and develop procedures for seizure action plans and their contents. NATA Position:

LB 665
Sponsor: Business & Labor Committee
Committee: Business & Labor
Hearing Date:
Status:

CLAIMS AGAINST THE STATE DISAPPROVED: Would provide for claims against the state disapproved by the State Claims Board. NATA Position:

LB 666
Sponsor: Business & Labor Committee
Committee: Business & Labor
Hearing Date:
Status:

STATE CLAIMS BOARD APPROVAL: Would provide for claims against the state approved by the State Claims Board. NATA Position:

LB 667
Sponsor: Halloran
Committee: Business & Labor
Hearing Date:
Status:
WORKERS COMPENSATION- FIRST REPORTS OF INJURY: Would provide that first reports of injury be kept from public view for 60 days except under certain
circumstances.
NATA Position:

 

 

BILLS OF SIGNIFICANT INTEREST

GENERAL INTEREST


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2021

FEBRUARY

Joint Meeting of the NATA Board, NATA PAC Trustees, and NATA Legislative Committee
Thursday, February 25, 2021
Zoom Meeting


NATA 2021 Workers' Compensation
Zoom Webinar

Be a Better Work Comp Lawyer in 6 Easy Hours: Law, Forms and Ammo
for the Daily and Occasional Practitioner

Friday, February 26, 2021



APRIL
NATA Seminar
Friday, April 23, 2021
Scott Conference Center, Omaha


JUNE
NATA Summer Meeting
Thursday, June 24 to
        Saturday, June 26, 2021
Bridges Bay Resort, Lake Okoboji, Iowa