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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1097
Introduced by Conrad, 46.
Read first time January 16, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to civil actions; to amend sections 13-903 and1
81-8,210, Reissue Revised Statutes of Nebraska, and section 25-228,2
Revised Statutes Cumulative Supplement, 2024; to adopt the State and3
Political Subdivisions Sexual Abuse Liability Act; to change4
provisions relating to a statute of limitations for actions by5
sexual abuse victims; to exempt actions from the Political6
Subdivisions Tort Claims Act and the State Tort Claims Act; to7
redefine terms; to harmonize provisions; and to repeal the original8
sections. 9
Be it enacted by the people of the State of Nebraska,10
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Section 1. Sections 1 to 6 of this act shall be known and may be1
cited as the State and Political Subdivisions Sexual Abuse Liability Act.2
Sec. 2. The Legislature hereby declares that the state, state3
agencies, and political subdivisions shall be liable in a similar manner4
and to a similar extent as a private individual or entity under like5
circumstances for tort claims arising out of sexual abuse of children and6
individuals with developmental disabilities. 7
Sec. 3. For purposes of the State and Political Subdivisions Sexual8
Abuse Liability Act: 9
(1) Child sexual abuse means conduct that amounts to a violation of10
section 28-319.01 or 28-320.01; 11
(2) Developmental disability has the same meaning as in section12
71-1107; 13
(3)(a) Employee, with reference to a political subdivision, has the14
same meaning as in section 13-903. 15
(b) Employee, with reference to a state agency, has the same meaning16
as in section 81-8,210; 17
(4) Political subdivision has the same meaning as in section 13-903;18
(5) Sexual abuse means conduct that amounts to a violation of19
section 28-319 or 28-320, other than a misdemeanor violation of section20
28-320; 21
(6) State agency has the same meaning as in section 81-8,210; and22
(7) Tort claim means any claim against a political subdivision or23
state agency for money only on account of personal injury or death,24
caused by the negligent or wrongful act or omission of any official or25
employee of the political subdivision or state agency, while acting26
within the scope of his or her office or employment, under circumstances27
in which the political subdivision or state agency, if a private person,28
would be liable to the claimant for such injury or death.29
Sec. 4. (1) An individual who is a victim of child sexual abuse may30
bring a tort claim arising from such child sexual abuse against a31
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political subdivision or a state agency. 1
(2) An individual with a developmental disability who is a victim of2
sexual abuse may bring a tort claim arising from such sexual abuse3
against a political subdivision or a state agency. 4
Sec. 5. The State and Political Subdivisions Sexual Abuse Liability5
Act constitutes a waiver of the sovereign immunity of the state and all6
political subdivisions, and an action under the act is not subject to the7
State Tort Claims Act or the Political Subdivisions Tort Claims Act or8
the limitations or requirements in such acts, including, but not limited9
to, limits on recoverable damages, limits on the availability of a jury10
trial, notice requirements, and statutes of limitations.11
Sec. 6. (1) Criminal prosecution of any sexual abuse is not12
required to maintain a civil action under the State and Political13
Subdivisions Sexual Abuse Liability Act. 14
(2) The remedy provided in the State and Political Subdivisions15
Sexual Abuse Liability Act is cumulative and shall be in addition to any16
other remedies provided by law. 17
(3) No writ of execution shall issue against the state, a state18
agency, or a political subdivision for a tort claim under the State and19
Political Subdivisions Sexual Abuse Liability Act.20
Sec. 7. Section 13-903, Reissue Revised Statutes of Nebraska, is21
amended to read: 22
13-903 For purposes of the Political Subdivisions Tort Claims Act23
and sections 16-727, 16-728, 23-175, 39-809, and 79-610, unless the24
context otherwise requires: 25
(1) Political subdivision includes shall include villages, cities of26
all classes, counties, school districts, learning communities, public27
power districts, and all other units of local government, including28
entities created pursuant to the Interlocal Cooperation Act or Joint29
Public Agency Act. Political subdivision shall not be construed to30
include any contractor with a political subdivision;31
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(2) Governing body means shall mean the village board of a village,1
the city council of a city, the board of commissioners or board of2
supervisors of a county, the board of directors of a public power3
district, the governing board or other governing body of an entity4
created pursuant to the Interlocal Cooperation Act or Joint Public Agency5
Act, and any duly elected or appointed body holding the power and6
authority to determine the appropriations and expenditures of any other7
unit of local government; 8
(3) Employee of a political subdivision means shall mean any one or9
more officers or employees of the political subdivision or any agency of10
the subdivision and shall include members of the governing body, duly11
appointed members of boards or commissions when they are acting in their12
official capacity, volunteer firefighters, and volunteer rescue squad13
personnel. Employee shall not be construed to include any contractor with14
a political subdivision; and 15
(4)(a) (4) Tort claim means shall mean any claim against a political16
subdivision for money only on account of damage to or loss of property or17
on account of personal injury or death, caused by the negligent or18
wrongful act or omission of any employee of the political subdivision,19
while acting within the scope of his or her office or employment, under20
circumstances in which the political subdivision, if a private person,21
would be liable to the claimant for such damage, loss, injury, or death22
but shall not include any claim accruing before January 1, 1970.23
(b) Tort claim does not include an action under the State and24
Political Subdivisions Sexual Abuse Liability Act.25
Sec. 8. Section 25-228, Revised Statutes Cumulative Supplement,26
2024, is amended to read: 27
25-228 (1) For purposes of this section, the terms child sexual28
abuse, developmental disability, and sexual abuse have the same meanings29
as in section 2 of this act. (1) Notwithstanding any other provision of30
law: 31
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(2)(a) (a) There shall not be any time limitation for an action1
against the individual or individuals directly causing an injury or2
injuries suffered by a plaintiff when the plaintiff was a victim of child3
sexual abuse a violation of section 28-319.01 or 28-320.01 if such abuse4
violation occurred (i) on or after August 24, 2017, or (ii) prior to5
August 24, 2017, if such action was not previously time barred. ; and6
(b) An action against any person or entity other than the individual7
directly causing an injury or injuries suffered by a plaintiff when the8
plaintiff was a victim of child sexual abuse, including an action under9
the State and Political Subdivisions Sexual Abuse Liability Act, a10
violation of section 28-319.01 or 28-320.01 may only be brought within11
twelve years after the plaintiff's twenty-first birthday. 12
(3) There shall not be any time limitation for an action against the13
individual or individuals directly causing an injury or injuries suffered14
by a plaintiff when the plaintiff was an individual with a developmental15
disability and was a victim of sexual abuse, if such abuse occurred (i)16
on or after the effective date of this act, or (ii) prior to the17
effective date of this act, if such action was not previously time18
barred. 19
(b) An action against any person or entity other than the individual20
directly causing an injury or injuries suffered by a plaintiff when the21
plaintiff was an individual with a developmental disability and was a22
victim of sexual abuse, including an action under the State and Political23
Subdivisions Sexual Abuse Liability Act, may only be brought within the24
later of: 25
(i) Four years after the abuse; or 26
(ii) Twelve years after the plaintiff's twenty-first birthday.27
(4) (2) Criminal prosecution of a defendant under section 28-319.0128
or 28-320.01 is not required to maintain a civil action described in this29
section for violation of such sections. 30
Sec. 9. Section 81-8,210, Reissue Revised Statutes of Nebraska, is31
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amended to read: 1
81-8,210 For purposes of the State Tort Claims Act:2
(1) State agency includes all departments, agencies, boards,3
bureaus, and commissions of the State of Nebraska and corporations the4
primary function of which is to act as, and while acting as,5
instrumentalities or agencies of the State of Nebraska but shall not6
include corporations that are essentially private corporations or7
entities created pursuant to the Interlocal Cooperation Act or the Joint8
Public Agency Act. State agency does not include any contractor with the9
State of Nebraska; 10
(2) State Claims Board means the board created by section 81-8,220;11
(3) Employee of the state means any one or more officers or12
employees of the state or any state agency and shall include duly13
appointed members of boards or commissions when they are acting in their14
official capacity. State employee does not include any employee of an15
entity created pursuant to the Interlocal Cooperation Act or the Joint16
Public Agency Act or any contractor with the State of Nebraska;17
(4)(a) (4) Tort claim means any claim against the State of Nebraska18
for money only on account of damage to or loss of property or on account19
of personal injury or death caused by the negligent or wrongful act or20
omission of any employee of the state, while acting within the scope of21
his or her office or employment, under circumstances in which the state,22
if a private person, would be liable to the claimant for such damage,23
loss, injury, or death but does not include any claim accruing before24
January 1, 1970, any claim against an employee of the state for money25
only on account of damage to or loss of property or on account of26
personal injury or death caused by the negligent or wrongful act or27
omission of the employee while acting within the scope of his or her28
employment occurring on or after August 25, 1989, and any claim allowed29
under the Nebraska Claims for Wrongful Conviction and Imprisonment Act. ;30
(b) Tort claim does not include an action under the State and31
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Political Subdivisions Sexual Abuse Liability Act; 1
(5) Award means any amount determined by the Risk Manager or State2
Claims Board to be payable to a claimant under section 81-8,211 or the3
amount of any compromise or settlement under section 81-8,218; and4
(6) Risk Manager means the Risk Manager appointed under section5
81-8,239.01. 6
Sec. 10. Original sections 13-903 and 81-8,210, Reissue Revised7
Statutes of Nebraska, and section 25-228, Revised Statutes Cumulative8
Supplement, 2024, are repealed. 9
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