reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,254 - Legislative intent.

25-21,254.
Legislative intent.
The Legislature finds and declares that protection of the environment is enhanced by the public's voluntary compliance with environmental requirements and the local counterpart or extension of such requirements and that the public will benefit from incentives to identify and remedy environmental compliance issues. The Legislature further declares that it is in the public interest to encourage such activities by assuring limited protection of environmental audit findings and of providing fair treatment of those who report environmental audit findings to regulatory authorities.
Source
Laws 1998, LB 395, § 1.
Cross References
Applicability to Residential Lead-Based Paint Professions Practice Act, see section 71-6331.01.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,255 - Terms, defined.

25-21,255.
Terms, defined.
For the purposes of sections 25-21,254 to 25-21,264:
(1) Environmental audit means any document dated and labeled as a confidential environmental audit and prepared pursuant to a specific written directive to review compliance with an environmental requirement or requirements, including any report, finding, communication, or opinion or any draft of a report, finding, communication, or opinion, related to and prepared as a result of a voluntary self-evaluation that is done in good faith;
(2) Environmental requirement means an environmental protection requirement contained in (a) the Environmental Protection Act, the Integrated Solid Waste Management Act, the Nebraska Chemigation Act, the Pesticide Act, the Petroleum Products and Hazardous Substances Storage and Handling Act, or federal law, a rule or regulation adopted and promulgated pursuant to such acts or laws, a permit or order issued pursuant to such acts or laws, or an agreement entered into or court order issued pursuant to any of the foregoing or (b) an ordinance or other legally binding requirement of a local governmental unit under authority granted by state or federal law relating to environmental protection;
(3) Person means any individual, partnership, limited liability company, association, public or private corporation, trustee, receiver, assignee, agent, municipality, other governmental subdivision, public agency, other legal entity, or any officer or governing or managing body of any public or private corporation, municipality, governmental subdivision, public agency, or other legal entity; and
(4) Voluntary self-evaluation means a self-initiated assessment, audit, or review, not otherwise expressly required by environmental requirements, that is performed by any person for himself, herself, or itself, either by an employee of such person assigned the responsibility of performing such assessment, audit, or review or by a consultant engaged by such person specifically for the purpose of performing such assessment, audit, or review to determine whether such person is in compliance with environmental requirements.
Source
Laws 1998, LB 395, § 2;
Laws 2016, LB712, § 1.
Cross References
Applicability to Residential Lead-Based Paint Professions Practice Act, see section 71-6331.01.
Environmental Protection Act, see section 81-1532.
Integrated Solid Waste Management Act, see section 13-2001.
Nebraska Chemigation Act, see section 46-1101.
Pesticide Act, see section 2-2622.
Petroleum Products and Hazardous Substances Storage and Handling Act, see section 81-15,117.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,256 - Environmental audit; use as evidence prohibited; exceptions.

25-21,256.
Environmental audit; use as evidence prohibited; exceptions.
(1) An environmental audit prepared under sections 25-21,254 to 25-21,264 is not admissible as evidence in any civil or administrative proceeding or enforcement proceedings under local ordinances, except (a) as provided in sections 25-21,257 to 25-21,259, (b) an agency having regulatory authority may obtain and review such audit for the limited purposes of determining if the audit exists and if any exceptions to the liability provisions of sections 25-21,254 to 25-21,264 exist with respect to the audit, (c) with respect to the generation, storage, transport, or disposal of radioactive material, low-level radioactive waste, and high-level radioactive waste as defined in section 71-3503, and (d) no protections are given under this section with respect to violations which would likely result or have resulted in a significant adverse impact on the public health or the environment.
(2) Neither any person who conducted the audit nor any person to whom the audit results are disclosed can be compelled to testify regarding any matter which was the subject of the audit and which is addressed in the environmental audit.
Source
Laws 1998, LB 395, § 3.
Cross References
Applicability to Residential Lead-Based Paint Professions Practice Act, see section 71-6331.01.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,257 - Environmental audit; use as evidence; waiver.

25-21,257.
Environmental audit; use as evidence; waiver.
Except as provided in section 25-21,259, the person for whom the environmental audit was prepared, whether the audit was prepared by the person, by an employee of the person, or by a consultant hired by the person, may waive the protection provided in section 25-21,256 only by an express waiver.
Source
Laws 1998, LB 395, § 4.
Cross References
Applicability to Residential Lead-Based Paint Professions Practice Act, see section 71-6331.01.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,258 - Environmental audit; use as evidence; exceptions.

25-21,258.
Environmental audit; use as evidence; exceptions.
The protection created by section 25-21,256 does not apply to:
(1) Documents or information required to be developed, maintained, or reported pursuant to any environmental requirements;
(2) Documents or other information required to be available or furnished to a regulatory agency pursuant to any environmental requirements or any other law;
(3) Documents or information maintained or developed relating to grants or other financial assistance sponsored by the state or federal government;
(4) Information obtained by a regulatory agency through observation, inspection, sampling, or monitoring pursuant to an environmental requirement; or
(5) Information obtained through any source independent of the environmental audit.
Source
Laws 1998, LB 395, § 6.
Cross References
Applicability to Residential Lead-Based Paint Professions Practice Act, see section 71-6331.01.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,259 - Environmental audit; admissible as evidence; when.

25-21,259.
Environmental audit; admissible as evidence; when.
(1) An environmental audit is admissible as evidence in any civil or administrative proceeding or enforcement proceedings under local ordinances if a court of record determines that:
(a)(i) The environmental audit shows evidence that the person for which the environmental audit was prepared is not or was not in compliance with an environmental requirement; and
(ii) The person did not initiate, after the audit, appropriate efforts to achieve compliance with the environmental requirement or complete in good faith any necessary permit application promptly after the noncompliance with the environmental requirement was discovered and, as a result, the person did not or will not achieve compliance with the environmental requirement or complete the necessary permit application within a reasonable amount of time; or
(b) The protection provided in section 25-21,256 is being asserted for a fraudulent purpose or the environmental audit was prepared in order to avoid disclosure of information in an investigative, administrative, or judicial proceeding that was underway, that was imminent, or for which the person had been provided written notification that an investigation into a specific violation had been initiated; or
(c) The information contained in the environmental audit shows (i) violations which would likely result in or have resulted in a significant adverse impact on the public health or the environment or (ii) water contamination.
(2) For the purposes of subdivision (1)(a) of this section, if the evidence shows noncompliance with more than one environmental requirement by a person, the person may demonstrate to the court that appropriate efforts to achieve compliance were or are being taken by instituting a comprehensive program that establishes a phased schedule of actions to be taken to bring the person into compliance with all of such environmental requirements.
Source
Laws 1998, LB 395, § 5.
Cross References
Applicability to Residential Lead-Based Paint Professions Practice Act, see section 71-6331.01.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,260 - Voluntary self-evaluation; disclose possible violations.

25-21,260.
Voluntary self-evaluation; disclose possible violations.
A person performing a voluntary self-evaluation may disclose in writing a possible violation of an environmental requirement to an agency having regulatory authority showing:
(1) A description of the possible violation;
(2) The date of discovery of the possible violation and, if known, the date the possible violation occurred; and
(3) Actions taken to correct the possible violation and, if applicable, a schedule to achieve compliance.
Source
Laws 1998, LB 395, § 7.
Cross References
Applicability to Residential Lead-Based Paint Professions Practice Act, see section 71-6331.01.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,261 - Voluntary self-evaluation; disclosure; effect; exceptions.

25-21,261.
Voluntary self-evaluation; disclosure; effect; exceptions.
(1) If disclosure is made pursuant to section 25-21,260 and the agency having regulatory authority has approved the action taken or the schedule to achieve compliance, as appropriate, which approval shall not be unreasonably withheld, the person is not liable for civil penalties unless (a) the disclosure was not made within sixty days after knowledge of the information disclosed was obtained by the person and was not disclosed to the agency having regulatory authority prior to the agency having knowledge of the violation contained in the disclosure, (b) the disclosure did not arise out of a voluntary self-evaluation, (c) the person making the disclosure did not initiate the appropriate efforts to achieve compliance, did not pursue compliance with due diligence, and did not correct the noncompliance as soon as reasonably practicable after discovery of the violation during the course of the environmental audit, (d) the person making the disclosure did not cooperate with the agency having regulatory authority with regard to the violation disclosed regarding investigation of the issues identified in the disclosure, (e) the violation was due to a lack of good faith efforts to understand or comply with environmental requirements, (f) the violation was knowing and willful, or (g) the violation would likely result or has resulted in significant adverse impact on the public health or the environment. If the noncompliance under subdivision (c) of this subsection is the failure to obtain a permit, appropriate efforts to correct the noncompliance may be demonstrated by the submission of a complete permit application within a reasonable time and a permit for such activities is subsequently issued by the agency.
(2) This section does not apply to violations of the terms of any agreement entered into or court order or administrative order issued pursuant to an environmental requirement, including, but not limited to, consent decrees or plea agreements.
(3) This section does not preclude the agency having regulatory authority from seeking the recovery of any economic benefit resulting from noncompliance with an environmental requirement.
(4) For purposes of this section, (a) if a person is required, under an environmental requirement, under a specific permit condition, or under an order issued by the agency, to make a disclosure to an agency having regulatory authority with regard to the violation disclosed, the disclosure is not voluntary with respect to that agency, and (b) repeat violations or closely related additional violations within five years after a previous violation shall be prima facie evidence of a lack of good faith efforts to comply with environmental requirements.
Source
Laws 1998, LB 395, § 8.
Cross References
Applicability to Residential Lead-Based Paint Professions Practice Act, see section 71-6331.01.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,262 - Regulatory authority; sections; how construed.

25-21,262.
Regulatory authority; sections; how construed.
Except as specifically provided in sections 25-21,254 to 25-21,261, such sections do not affect the regulatory authority that any department or agency has to require any action associated with the information disclosed.
Source
Laws 1998, LB 395, § 9.
Cross References
Applicability to Residential Lead-Based Paint Professions Practice Act, see section 71-6331.01.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,263 - Privileges; sections; how construed.

25-21,263.
Privileges; sections; how construed.
Sections 25-21,254 to 25-21,262 do not limit, waive, or abrogate the scope or nature of any statutory or common-law privilege, including the work-product doctrine and the attorney-client privilege.
Source
Laws 1998, LB 395, § 10.
Cross References
Applicability to Residential Lead-Based Paint Professions Practice Act, see section 71-6331.01.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,264 - Venue.

25-21,264.
Venue.
The district court of the county in which the facility is located or, if all parties agree, the district court of Lancaster County shall have jurisdiction of actions brought under section 25-21,259.
Source
Laws 1998, LB 395, § 11.
Cross References
Applicability to Residential Lead-Based Paint Professions Practice Act, see section 71-6331.01.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,270 - Change of name; authority of district court.

25-21,270.
Change of name; authority of district court.
The district court shall have authority to change the names of persons, towns, villages and cities within this state.
Source
Laws 1871, p. 62;
R.S.1913, § 5315;
C.S.1922, § 4608;
C.S.1929, § 61-101;
R.S.1943, § 61-101;
R.S.1943, (1996), § 61-101.
Annotations
Whether a minor child's surname may be changed depends on, and is determined by, the best interests of the child. Factors to be considered are (1) the misconduct by one of the child's parents, (2) a parent's failure to support the child, (3) parental failure to maintain contact with the child, (4) the length of time that a surname has been used for or by the child, and (5) whether the child's surname is different from the surname of the child's custodial parent. Additionally, a court may consider the child's reasonable preference for a surname; the effect of the name change on the child's relationship with each parent; community respect associated with the surname; the difficulties, harassment, or embarrassment associated with either the present or proposed surname; and the identification of the child as part of the family unit. In re Change of Name of Andrews, 235 Neb. 170, 454 N.W.2d 488 (1990).
Change of name of minor child granted only when the substantial welfare of the child requires the change. Spatz v. Spatz, 199 Neb. 332, 258 N.W.2d 814 (1977).
Decree is not a matter of right, but of judicial discretion, and evidence must be produced that there is sufficient and reasonable cause for change of name. In re Taminosian, 97 Neb. 514, 150 N.W. 824 (1915).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,272 - Change of name; town, village, or city; procedure.

25-21,272.
Change of name; town, village, or city; procedure.
(1) Whenever it may be desirable to change the name of any town, village, or city in any county of the state, a petition for that purpose may, in like manner, be filed in the district court of such county, signed by a majority of the legal voters of such town, village, or city, setting forth the cause why such change is desirable and the name desired to be substituted.
(2) Notice of the filing of the petition shall be published once a week for four consecutive weeks in a newspaper in the county, and if no newspaper is printed in the county, then in a newspaper of general circulation therein.
(3) The court, upon being satisfied by proof that the prayer of the petitioners is reasonable and just, that notice as required in this section has been given, that two-thirds of the legal voters of such town, village, or city desire the change, and that there is no other town, village, or city in the state of the name prayed for, may order the change prayed for in such petition.
Source
Laws 1871, p. 62;
R.S.1913, § 5317;
C.S.1922, § 4610;
C.S.1929, § 61-103;
R.S.1943, § 61-103;
Laws 1995, LB 161, § 2;
R.S.1943, (1996), § 61-103.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,273 - Change of name; effect; costs; how taxed; exception.

25-21,273.
Change of name; effect; costs; how taxed; exception.
(1) Unless the petitioner is allowed to proceed in forma pauperis in accordance with sections 25-2301 to 25-2310, all proceedings under sections 25-21,270 to 25-21,272 shall be at the cost of the petitioner, for which fee-bill or execution may issue as in civil cases.
(2) Any change of names under such sections shall not in any manner affect or alter any right of action, legal process, or property.
Source
Laws 1871, p. 63;
R.S.1913, § 5318;
C.S.1922, § 4611;
C.S.1929, § 61-104;
R.S.1943, § 61-104;
R.S.1943, (1996), § 61-104;
Laws 2023, LB157, § 4.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,274 - Motor vehicle collision with domestic animal; principles applied.

25-21,274.
Motor vehicle collision with domestic animal; principles applied.
(1) In any civil action brought by the owner, operator, or occupant of a motor vehicle or by his or her personal representative or assignee or by the owner of the livestock for damages resulting from collision of a motor vehicle with any domestic animal or animals on a public highway, the following shall apply:
(a) The plaintiff's burden of proving his or her case shall not shift at any time to the defendant;
(b) The fact of escaped livestock is not, by itself, sufficient to raise an inference of negligence against the defendant; and
(c) The standard of care shall be according to principles of ordinary negligence and shall not be strict or absolute liability.
(2) For purposes of this section, highway and motor vehicle have the same meaning as in section 39-101.
Source
Laws 2001, LB 781, § 1.
Annotations
This section does not displace the common-law elements of res ipsa loquitur and does not prevent a res ipsa loquitur jury instruction in appropriate circumstances; it simply clarifies that the fact of escaped livestock is, standing alone, insufficient to raise an inference of negligence. McLaughlin Freight Lines v. Gentrup, 281 Neb. 725, 798 N.W.2d 386 (2011).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,275 - Diversion of utility services; terms, defined.

25-21,275.
Diversion of utility services; terms, defined.
For purposes of sections 25-21,275 to 25-21,278, unless the context otherwise requires:
(1) Bypassing means the act of attaching, connecting, or in any manner affixing any wire, cord, socket, motor, pipe, or other instrument, device, or contrivance to the utility supply system or any part of the system in such a manner as to transmit, supply, or use any utility service without passing through an authorized meter or other device provided for measuring, registering, determining, or limiting the amount of electricity, gas, or water consumed. Bypassing also means the act of employing any means to obtain the use or benefit of electricity, gas, or water without paying for the use at the rate established by the supplier of such utilities;
(2) Customer means the person responsible for payment for utility services for the premises and includes employees and agents of the customer;
(3) Person means any individual, firm, partnership, limited liability company, corporation, company, association, joint-stock association, and other legal entity;
(4) Tampering means the act of damaging, altering, adjusting, or in any manner interfering with or obstructing the action or operation of any meter or other device provided for measuring, registering, determining, or limiting the amount of electricity, gas, or water consumed;
(5) Unauthorized metering means the act of removing, moving, installing, connecting, reconnecting, or disconnecting any meter or metering device for utility service by a person other than an authorized employee or agent of such utility;
(6) Utility means any person or entity lawfully operating in whole or in part for the purpose of supplying electricity, gas, water, including steam, or any combination thereof, to the public or to any person;
(7) Utility service means the provision of electricity, gas, steam, water, or any other service or commodity furnished by the utility for compensation; and
(8) Utility supply system means and includes all wires, conduits, pipes, cords, sockets, motors, meters, instruments, load control equipment, and other devices used by the utility for the purpose of providing utility services.
Source
Laws 1983, LB 350, § 1;
Laws 1993, LB 121, § 551;
R.S.1943, (1999), § 86-331.01;
Laws 2002, LB 1105, § 421.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,276 - Diversion of utility services; civil actions; recovery authorized.

25-21,276.
Diversion of utility services; civil actions; recovery authorized.
(1) A utility may bring a civil action for damages against any person who commits, authorizes, solicits, aids, abets, or attempts (a) bypassing, (b) tampering, or (c) unauthorized metering when such act results in damages to the utility. A utility may bring a civil action for damages pursuant to this section against any person receiving the benefit of utility service through means of bypassing, tampering, or unauthorized metering.
(2) In any civil action brought pursuant to this section, the utility shall be entitled, upon proof of willful or intentional bypassing, tampering, or unauthorized metering, to recover as damages:
(a) The amount of actual damage or loss if the amount of the damage or loss is susceptible of reasonable calculation; or
(b) Liquidated damages of seven hundred fifty dollars if the amount of actual damage or loss is not susceptible of reasonable calculation.
In addition to damage or loss under subdivision (a) or (b) of this subsection, the utility may recover all reasonable expenses and costs incurred on account of the bypassing, tampering, or unauthorized metering, including, but not limited to, disconnection, reconnection, service calls, equipment, costs of the suit, and reasonable attorneys' fees in cases within the scope of section 25-1801.
Source
Laws 1983, LB 350, § 2;
R.S.1943, (1999), § 86-331.02;
Laws 2002, LB 1105, § 422.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,277 - Diversion of utility services; rebuttable presumption; when.

25-21,277.
Diversion of utility services; rebuttable presumption; when.
(1) There shall be a rebuttable presumption that a tenant or occupant at any premises where bypassing, tampering, or unauthorized metering is proven to exist caused or had knowledge of such bypassing, tampering, or unauthorized metering if the tenant or occupant (a) had access to the part of the utility supply system on the premises where the bypassing, tampering, or unauthorized metering is proven to exist and (b) was responsible or partially responsible for payment, either directly or indirectly, to the utility or to any other person for utility services to the premises.
(2) There shall be a rebuttable presumption that a customer at any premises where bypassing, tampering, or unauthorized metering is proven to exist caused or had knowledge of such bypassing, tampering, or unauthorized metering if the customer controlled access to the part of the utility supply system on the premises where the bypassing, tampering, or unauthorized metering was proven to exist.
Source
Laws 1983, LB 350, § 3;
R.S.1943, (1999), § 86-331.03;
Laws 2002, LB 1105, § 423.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,278 - Diversion of utility services; additional remedies.

25-21,278.
Diversion of utility services; additional remedies.
The remedies provided by sections 25-21,275 to 25-21,278 shall be deemed to be supplemental and additional to powers conferred by existing laws. The remedies provided in sections 25-21,275 to 25-21,278 are in addition to and not in limitation of any other civil or criminal statutory or common-law remedies.
Source
Laws 1983, LB 350, § 4;
R.S.1943, (1999), § 86-331.04;
Laws 2002, LB 1105, § 424.
Cross References
Criminal penalties, see sections 28-515.01, 28-515.02, 28-1311, and 76-2325.01.
One-Call Notification System Act, civil enforcement, see section 76-2301.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,279 - Action to seek injunction; authorized.

25-21,279.
Action to seek injunction; authorized.
Any victim as defined in section 29-119 may pursue a civil action to seek an injunction to enforce the Nebraska Crime Victim's Reparations Act and sections 81-1843 to 81-1851.
Source
Laws 2004, LB 270, § 2.
Cross References
Nebraska Crime Victim's Reparations Act, see section 81-1841.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,281 - Tampering with anhydrous ammonia or anhydrous ammonia equipment; effect on liability.

25-21,281.
Tampering with anhydrous ammonia or anhydrous ammonia equipment; effect on liability.
(1) Any person who owns, maintains, or installs anhydrous ammonia equipment, uses anhydrous ammonia for any lawful purpose, sells anhydrous ammonia for any lawful purposes, or transports anhydrous ammonia in a manner prescribed by law shall not be liable to any person who tampers with, or assists in tampering with, such anhydrous ammonia, or such anhydrous ammonia equipment, for personal injury, wrongful death, or any other economic or noneconomic damages arising out of such tampering, unless such liability is a result of the willful, wanton, reckless, or intentional acts or omissions of such person.
(2) For purposes of this section:
(a) Anhydrous ammonia equipment means any equipment used in the application of anhydrous ammonia for agricultural purposes that meets all applicable safety requirements established by state and federal statutes and regulations or any container or storage facility used to store anhydrous ammonia in a manner that meets all applicable safety requirements established by state and federal statutes and regulations; and
(b) Tampering with anhydrous ammonia means intentionally, knowingly, and unlawfully gaining access or attempting to gain access to anhydrous ammonia or anhydrous ammonia equipment.
Source
Laws 2004, LB 1207, § 9.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,282 - Immunity from liability; exceptions.

25-21,282.
Immunity from liability; exceptions.
(1) A person who donates fire control or rescue equipment to a fire department or a political subdivision for use by its fire department shall not be liable for civil damages for personal injuries, property damage or loss, or death caused by the fire control or rescue equipment after donation, except for injury, damage, loss, or death caused by the donor's intentional or reckless conduct or gross negligence.
(2) Subsection (1) of this section shall not apply to a vendor or manufacturer of fire control or rescue equipment.
(3) For purposes of this section:
(a) Fire control or rescue equipment means any vehicle, equipment, tool, communications equipment, or protective gear used in firefighting, rescue services, or emergency medical services;
(b) Fire department means any paid or volunteer fire department, company, association, or organization or first-aid, rescue, or emergency squad serving a city, village, county, township, or rural or suburban fire protection district or any other public or private fire department; and
(c) Person means any individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, fire department, public corporation, other legal or commercial entity, or governmental subdivision, agency, or instrumentality.
Source
Laws 2007, LB160, § 1.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,283 - Act, how cited.

25-21,283.
Act, how cited.
Sections 25-21,283 to 25-21,289 shall be known and may be cited as the Successor Asbestos-Related Liability Act.
Source
Laws 2010, LB763, § 1.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,284 - Terms, defined.

25-21,284.
Terms, defined.
For purposes of the Successor Asbestos-Related Liability Act:
(1) Asbestos claim means any claim, wherever or whenever made, for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to asbestos, including:
(a) Any claim involving the health effects of exposure to asbestos, including a claim for personal injury or death, mental or emotional injury, risk of disease or other injury, or the costs of medical monitoring or surveillance;
(b) Any claim made by or on behalf of any person exposed to asbestos, or a representative, spouse, parent, child, or other relative of the person; and
(c) Any claim for damage or loss caused by the installation, presence, or removal of asbestos;
(2) Corporation means a corporation for profit, including a domestic corporation organized under the laws of this state or a foreign corporation organized under laws other than the laws of this state;
(3) Successor asbestos-related liabilities means liabilities, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or unaccrued, liquidated or unliquidated, or due or to become due, that are related to asbestos claims and were assumed or incurred by a corporation as a result of or in connection with a merger or consolidation, or the plan of merger or consolidation related to the merger or consolidation with or into another corporation, or that are related in any way to asbestos claims based on the exercise of control or the ownership of stock of the corporation before the merger or consolidation. Successor asbestos-related liabilities includes liabilities that, after the time of the merger or consolidation for which the fair market value of total gross assets is determined under section 25-21,287, were or are paid or otherwise discharged, or committed to be paid or otherwise discharged, by or on behalf of the corporation, or by a successor corporation, or by or on behalf of a transferor, in connection with settlements, judgments, or other discharges in this state or another jurisdiction;
(4) Successor corporation means a corporation that assumes or incurs or has assumed or incurred successor asbestos-related liabilities that is a successor and became a successor before January 1, 1972, or is any of that successor corporation's successors; and
(5) Transferor means a corporation from which successor asbestos-related liabilities are or were assumed or incurred.
Source
Laws 2010, LB763, § 2.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,285 - Cumulative successor asbestos-related liabilities of successor corporation; limitations; applicability.

25-21,285.
Cumulative successor asbestos-related liabilities of successor corporation; limitations; applicability.
(1) The limitations in section 25-21,286 shall apply to any successor corporation.
(2) The limitations in section 25-21,286 shall not apply to:
(a) Workers' compensation benefits paid by or on behalf of an employer to an employee under the Nebraska Workers' Compensation Act or a comparable workers' compensation law of another jurisdiction;
(b) Any claim against a successor corporation that does not constitute a successor asbestos-related liability;
(c) Any obligation under the National Labor Relations Act, 29 U.S.C. 151, et seq., as amended, or under any collective-bargaining agreement; or
(d) A successor corporation that, after a merger or consolidation, continued in the business of mining asbestos or in the business of selling or distributing asbestos fibers or in the business of manufacturing, distributing, removing, or installing asbestos-containing products which were the same or substantially the same as those products previously manufactured, distributed, removed, or installed by the transferor.
Source
Laws 2010, LB763, § 3.
Cross References
Nebraska Workers' Compensation Act, see section 48-1,110.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,286 - Successor corporation; liability; limitation.

25-21,286.
Successor corporation; liability; limitation.
(1) Except as further limited in subsection (2) of this section, the cumulative successor asbestos-related liabilities of a successor corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. The successor corporation does not have responsibility for successor asbestos-related liabilities in excess of this limitation.
(2) If the transferor had assumed or incurred successor asbestos-related liabilities in connection with a prior merger or consolidation with a prior transferor, then the fair market value of the total gross assets of the prior transferor determined as of the time of the earlier merger or consolidation shall be substituted for the limitation in subsection (1) of this section for purposes of determining the limitation of liability of a successor corporation.
Source
Laws 2010, LB763, § 4.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,287 - Successor corporation; limitations; fair market value of total gross assets.

25-21,287.
Successor corporation; limitations; fair market value of total gross assets.
(1) A successor corporation may establish the fair market value of total gross assets for the purpose of the limitations under section 25-21,286 through any method reasonable under the circumstances, including:
(a) By reference to the going concern value of the assets or to the purchase price attributable to or paid for the assets in an arms-length transaction; or
(b) In the absence of other readily available information from which the fair market value can be determined, by reference to the value of the assets recorded on a balance sheet.
(2) Total gross assets include intangible assets.
(3) To the extent total gross assets include any liability insurance that was issued to the transferor whose assets are being valued for purposes of this section, the applicability, terms, conditions, and limits of such insurance shall not be affected by this section, nor shall this section otherwise affect the rights and obligations of an insurer, transferor, or successor corporation under any insurance contract or any related agreements, including, without limitation, preenactment settlements resolving coverage-related disputes and the rights of an insurer to seek payment for applicable deductibles, retrospective premiums, or self-insured retentions or to seek contribution from a successor corporation for uninsured or self-insured periods or periods when insurance is uncollectible or otherwise unavailable. Without limiting the foregoing, to the extent total gross assets include such liability insurance, a settlement of a dispute concerning any such liability insurance coverage entered into by a transferor or successor corporation with the insurers of the transferor before July 15, 2010, shall be determinative of the total coverage of such liability insurance to be included in the calculation of the transferor's total gross assets.
Source
Laws 2010, LB763, § 5.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,288 - Fair market value of total gross assets; adjustment.

25-21,288.
Fair market value of total gross assets; adjustment.
(1) Except as provided in subsections (2) through (4) of this section, the fair market value of total gross assets at the time of the merger or consolidation shall increase annually at a rate equal to the sum of:
(a) The prime rate as listed in the first edition of the Wall Street Journal published for each calendar year since the merger or consolidation, unless the prime rate is not published in that edition of the Wall Street Journal, in which case any reasonable determination of the prime rate on the first day of the year may be used; and
(b) One percent.
(2) The rate found in subsection (1) of this section shall not be compounded.
(3) The adjustment of the fair market value of total gross assets shall continue as provided in subsection (1) of this section until the date the adjusted value is first exceeded by the cumulative amounts of successor asbestos-related liabilities paid or committed to be paid by or on behalf of the successor corporation or a predecessor or by or on behalf of a transferor after the time of the merger or consolidation for which the fair market value of total gross assets is being determined.
(4) No adjustment of the fair market value of total gross assets shall be applied to any liability insurance that is included in total gross assets under subsection (3) of section 25-21,287.
Source
Laws 2010, LB763, § 6.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,289 - Act, how construed; applicability of act.

25-21,289.
Act, how construed; applicability of act.
(1) The courts of this state shall construe the provisions of the Successor Asbestos-Related Liability Act liberally with regard to successor corporations.
(2) The act shall apply to all asbestos claims filed against a successor corporation on or after July 15, 2010. The act also shall apply to any pending asbestos claims against a successor corporation in which trial has not commenced as of July 15, 2010, except that any provisions of the act which would be unconstitutional if applied retroactively shall be applied prospectively only.
Source
Laws 2010, LB763, § 7.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,292 - Civil action authorized; recovery; attorney's fees and costs; injunctive relief.

25-21,292.
Civil action authorized; recovery; attorney's fees and costs; injunctive relief.
(1) Any participant or portrayed observer in a visual depiction of sexually explicit conduct or his or her parent or legal guardian who suffered or continues to suffer personal or psychological injury as a result of such participation or portrayed observation may bring a civil action against any person who knowingly and willfully (a) created, distributed, or actively acquired such visual depiction while in this state or (b) aided or assisted with the creation, distribution, or active acquisition of such visual depiction while such person or the person aided or assisted was in this state.
(2) A plaintiff who prevails in a civil action brought pursuant to the Exploited Children's Civil Remedy Act may recover his or her actual damages, which are deemed to be a minimum of one hundred fifty thousand dollars, plus any and all attorney's fees and costs reasonably associated with the civil action. In addition to all other remedies available under the act, the court may also award temporary, preliminary, and permanent injunctive relief as the court deems necessary and appropriate.
(3) This section does not create a cause of action if the participant was sixteen years of age or older at the time the visual depiction was created and the participant willfully and voluntarily participated in the creation of the visual depiction.
(4) No law enforcement officer engaged in his or her law enforcement duties, governmental entity, provider of interactive computer service, provider of telecommunications service, or cable operator is subject to a civil action under the Exploited Children's Civil Remedy Act.
Source
Laws 2010, LB728, § 3.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,293 - Time for bringing action; limitation.

25-21,293.
Time for bringing action; limitation.
Notwithstanding any other provisions of law, any action to recover damages under the Exploited Children's Civil Remedy Act shall be filed within three years after the later of:
(1) The conclusion of any related criminal prosecution against the person or persons from whom recovery is sought;
(2) The receipt of actual or constructive notice sent or given to the participant or portrayed observer or his or her parent or legal guardian by a member of a law enforcement entity informing the participant or portrayed observer or his or her parent or legal guardian that the entity has identified the person:
(a) Who created, distributed, or actively acquired the visual depiction of sexually explicit conduct containing the participant or portrayed observer; or
(b) Who aided or assisted another person with the creation, distribution, or active acquisition of the visual depiction of sexually explicit conduct containing the participant or portrayed observer; or
(3) The participant or portrayed observer reaching the age of eighteen years.
Source
Laws 2010, LB728, § 4.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,294 - Use of pseudonym.

25-21,294.
Use of pseudonym.
In any action brought pursuant to the Exploited Children's Civil Remedy Act, a plaintiff may request to use a pseudonym instead of his or her legal name in all court proceedings and records. Upon finding that the use of a pseudonym is proper, the court shall ensure that the pseudonym is used in all court proceedings and records.
Source
Laws 2010, LB728, § 5.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,295 - Defendant; defenses not available.

25-21,295.
Defendant; defenses not available.
It is not a defense to a cause of action brought pursuant to the Exploited Children's Civil Remedy Act that the defendant:
(1) Did not know the participant or portrayed observer appearing in the visual depiction of sexually explicit conduct;
(2) Did not appear in the visual depiction of sexually explicit conduct containing the participant or portrayed observer; or
(3) Did not commit, assist with the commission of, or personally observe the commission of acts of sexually explicit conduct portrayed in the visual depiction containing the participant or portrayed observer.
Source
Laws 2010, LB728, § 6.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,296 - Attorney General; powers.

25-21,296.
Attorney General; powers.
To prevent ongoing and further exploitation of any person who was a participant or portrayed observer or his or her parent or legal guardian, the Attorney General, upon request, may pursue cases on behalf of any participant or portrayed observer or his or her parent or legal guardian who has a bona fide cause of action under the Exploited Children's Civil Remedy Act. All damages obtained shall go to the plaintiff or plaintiffs. For his or her role in pursuing a civil action under the act, the Attorney General may seek all of his or her reasonable attorney's fees and costs associated with the civil action.
Source
Laws 2010, LB728, § 7.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,298 - Terms, defined.

25-21,298.
Terms, defined.
For purposes of the Human Trafficking Victims Civil Remedy Act:
(1) Human trafficking means labor trafficking, labor trafficking of a minor, sex trafficking, or sex trafficking of a minor, as those terms are defined in section 28-830; and
(2) Trafficking victim has the same meaning as in section 28-830.
Source
Laws 2015, LB294, § 2.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,299 - Civil action authorized; recovery; attorney's fees and costs; order of attachment.

25-21,299.
Civil action authorized; recovery; attorney's fees and costs; order of attachment.
(1) Any trafficking victim, his or her parent or legal guardian, or personal representative in the event of such victim's death, who suffered or continues to suffer personal or mental injury, death, or any other damages proximately caused by such human trafficking may bring a civil action against any person who knowingly (a) engaged in human trafficking of such victim within this state or (b) aided or assisted in the human trafficking of such victim within this state.
(2) A plaintiff who prevails in a civil action brought pursuant to the Human Trafficking Victims Civil Remedy Act may recover his or her damages proximately caused by the actions of the defendant plus any and all attorney's fees and costs reasonably associated with the civil action.
(3) Damages recoverable pursuant to subsection (2) of this section include all damages otherwise recoverable under the law and include, but are not limited to:
(a) The physical pain and mental suffering the plaintiff has experienced and is reasonably certain to experience in the future;
(b) The reasonable value of the medical, hospital, nursing, and care and supplies reasonably needed by and actually provided to the plaintiff and reasonably certain to be needed and provided in the future;
(c) The reasonable value of transportation, housing, and child care reasonably needed and actually incurred by the plaintiff;
(d) The reasonable value of the plaintiff's labor and services the plaintiff has lost because he or she was a trafficking victim;
(e) The reasonable monetary value of the harm caused by the documentation and circulation of the human trafficking;
(f) The reasonable costs incurred by the plaintiff to relocate away from the defendant or the defendant's associates;
(g) In the event of death, damages available as in other actions for wrongful death; and
(h) The reasonable costs incurred by the plaintiff to participate in the criminal investigation or prosecution or attend criminal proceedings related to trafficking the plaintiff.
(4) In addition to all remedies available under this section, the court may enter an order of attachment pursuant to sections 25-1001 to 25-1010.
Source
Laws 2015, LB294, § 3;
Laws 2019, LB519, § 1.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,300 - Time for bringing action; limitation.

25-21,300.
Time for bringing action; limitation.
Notwithstanding any other provision of law, any action to recover damages under the Human Trafficking Victims Civil Remedy Act shall be filed within ten years after the later of:
(1) The conclusion of any related criminal prosecution against the person or persons from whom recovery is sought;
(2) The receipt of actual or constructive notice sent or given to the trafficking victim or his or her parent or legal guardian by a member of a law enforcement entity informing the victim or his or her parent or legal guardian that the entity has identified the person who knowingly (a) engaged in human trafficking of such victim or (b) aided or assisted with the human trafficking of such victim;
(3) The time at which the human trafficking of the trafficking victim ended if he or she was eighteen years of age or older; or
(4) The victim reaching the age of majority if the victim was under eighteen years of age at the time he or she was a victim of human trafficking.
Source
Laws 2015, LB294, § 4.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,301 - Use of pseudonym.

25-21,301.
Use of pseudonym.
In any action brought pursuant to the Human Trafficking Victims Civil Remedy Act, a plaintiff may request to use a pseudonym instead of his or her legal name in all court proceedings and records. Upon finding that the use of a pseudonym is proper, the court shall ensure that the pseudonym is used in all court proceedings and records.
Source
Laws 2015, LB294, § 5.