The Nebraska Legislature's Judiciary Committee advanced L.B. 319 to the floor of the legislature late last week. When a private process server makes such service of process, the cost taxable as a court cost is the lesser of the actual amount incurred for the service or the statutory fee set for sheriffs. The NSBA supports L.B. 319. The Judiciary Committee of the Legislature has advanced L.B. 320 to the floor of the legislature. This legislation would authorize every court of this state to take judicial notice of any rule or regulation that is signed by the Governor and filed with the Secretary of State.
Current law requires that a certified copy of a rule or regulation be offered in evidence.
L.B. 320 was introduced by Senator Kermit Brashear. The Executive Council of the NSBA voted last Friday to accept the recommendation of the NSBA Legislation Committee and oppose L.B. 749. This legislation would give any persons standing to bring and maintain an action for mandamus or equitable relief, including declaratory relief against any officer or agency of the state or political subdivision, for failure to perform a non discretionary ministerial duty imposed upon them under an environmental statute, ordinance, rule, regulation, or order or for their failure to enforce an applicable environmental standard for the protection of the air, water, or other natural resources of the state. An individual citizen would have standing to bring such an action regardless of whether he or she possesses a special interest different from that possessed generally by the residents of Nebraska or whether substantial personal or property damage to him or her is threatened. In an action commenced pursuant to this act, the court may award costs of litigation, including, but not limited to, reasonable attorney's fees and expert witness fees to any party.