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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1170
Introduced by Wordekemper, 15.
Read first time January 21, 2026
Committee: Business and Labor
A BILL FOR AN ACT relating to claims against the state; to amend sections1
81-8,236, 81-8,300, 81-8,316, and 81-8,318, Reissue Revised Statutes2
of Nebraska; to provide for multiple claims from counties in the3
State Tort Claims Act as provided; to redefine terms; to change4
provisions relating to the investigation and appeal of claims in the5
In the Line of Duty Compensation Act as provided; to harmonize6
provisions; and to repeal the original sections.7
Be it enacted by the people of the State of Nebraska,8
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Section 1. Section 81-8,236, Reissue Revised Statutes of Nebraska,1
is amended to read: 2
81-8,236 (1) For purposes of this section: 3
(a) Correctional institution incident means an incident in which a4
crime or crimes are allegedly committed by one or more inmates confined5
in a state correctional institution; 6
(b) Costs of prosecution includes, but is not limited to, the costs7
of defense for indigent defendants, including attorney's fees and expert8
witness fees; 9
(c) Division means the risk management and state claims division of10
the Department of Administrative Services; and 11
(d) Threshold amount means the amount of property tax revenue raised12
by a county from a levy of two and one-half cents per one hundred dollars13
of taxable valuation of property subject to the levy. The threshold14
amount shall be determined using valuations for the year in which the15
correctional institution incident occurred. 16
(2) A county may file a claim with the division to recover the costs17
of prosecution relating to a correctional institution incident that18
occurs within the county. The county may recover only those costs that19
exceed the threshold amount for such county. A county may file more than20
one claim for a single correctional institution incident if the threshold21
amount is met for each claim or prosecution has resolved. No claim shall22
include prosecution costs for which the Risk Manager has issued a23
decision pursuant to section 81-8,300. 24
(3) The Risk Manager shall have the power and authority to receive25
claims, investigate claims, and otherwise carry out the responsibilities26
of this section. The division shall develop a claim form, publish claim27
procedures, and determine the supporting information required to perfect28
a claim. 29
(4) The Risk Manager shall submit claims received under this section30
to the Legislature in the same manner as provided in the State31
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Miscellaneous Claims Act. The Legislature shall review the claim and make1
an appropriation for the claim if appropriate. 2
(5) This section shall apply to any correctional institution3
incident occurring on or after May 1, 2015. Claims described in this4
section shall have no time bar to recovery. 5
Sec. 2. Section 81-8,300, Reissue Revised Statutes of Nebraska, is6
amended to read: 7
81-8,300 (1) After investigation, the Risk Manager or State Claims8
Board shall either approve, approve with conditions or limitations, or9
disapprove of each claim or request and append to the claim or request a10
concise statement of the facts brought out in such investigation upon11
which its approval or disapproval is based. If any claim is approved in12
an amount of more than five thousand dollars, the approval of the board13
is required. Such claim or request, together with the original papers14
supporting it and the appended statement, shall be filed with the Risk15
Manager in the manner prescribed by the State Claims Board. The Risk16
Manager shall promptly notify each claimant of the decision by the Risk17
Manager or State Claims Board on his or her claim by regular mail. The18
notification shall include (a) the decision of the Risk Manager or State19
Claims Board, (b) a statement that a claimant dissatisfied with the20
decision of the Risk Manager may have his or her claim reviewed by the21
board or a statement that a claimant dissatisfied with the decision of22
the board may have his or her claim reviewed by the Legislature upon23
application, (c) the procedure for making an application for review, and24
(d) the time limit for making such application. 25
(2) If the claimant is dissatisfied with the decision of the Risk26
Manager, he or she may file an application for review by the board. If27
the claimant is dissatisfied with the decision of the board, he or she28
may file an application for review by the Legislature. The application29
for review shall be filed with the Risk Manager in the manner prescribed30
by the board. The application for review shall be filed within sixty days31
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after the date of the decision which is being reviewed.1
(3) Each claim which has been approved or for which an application2
for review with the Legislature has been filed and each request referred3
to in section 81-8,297 shall be delivered electronically by the Risk4
Manager to the chairperson of the Business and Labor Committee of the5
Legislature at the next regular session of the Legislature convening6
after the date of the decision of the board. The Risk Manager may direct7
the payment by the state agency involved of any claim not in excess of8
five thousand dollars if such payment is agreed to by the head of the9
agency involved. The State Claims Board may direct payment by the state10
agency involved of any claim not in excess of fifty thousand dollars if11
such payment is agreed to by the head of the agency involved and the12
agency has sufficient funds to pay the claim. If claims approved by the13
Risk Manager or State Claims Board arise out of the same facts and14
circumstances, they shall be aggregated except when more than one claim15
has been filed pursuant to subsection (2) of section 81-8,236. If the16
Risk Manager or State Claims Board does not direct the payment of a claim17
as set forth in this section or the claim exceeds the dollar limitations18
set forth in this section, the claim shall be reviewed by the Legislature19
and an appropriation made therefor if appropriate. The Risk Manager shall20
report electronically all claims and judgments paid under the State21
Miscellaneous Claims Act to the Clerk of the Legislature and the22
chairperson of the Business and Labor Committee of the Legislature. The23
report shall include the name of the claimant, a statement of the amount24
claimed and paid, and a brief description of the claim including the25
agency and program or activity under which the claim arose. Any member of26
the Legislature may receive an electronic copy of the report by making a27
request to the Risk Manager. 28
Sec. 3. Section 81-8,316, Reissue Revised Statutes of Nebraska, is29
amended to read: 30
81-8,316 For purposes of the In the Line of Duty Compensation Act:31
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(1) Firefighter means a member of a paid or volunteer fire1
department in Nebraska, including a member of a rescue squad associated2
with a paid or volunteer fire department in Nebraska;3
(2)(a) Killed in the line of duty means losing one's life as a4
result of an injury or illness arising on or after January 1, 2022, in5
connection with the active performance of duties as a public safety6
officer if the death occurs within three years from the date the injury7
was received or illness was diagnosed and if that injury or illness arose8
from violence or other accidental cause. 9
(b) An injury or illness shall be presumed to have arisen in10
connection with the active performance of duties as a public safety11
officer if: 12
(i) The injury or illness is a heart attack, stroke, or vascular13
rupture that occurred or the symptoms of such injury or illness14
manifested while the public safety officer was engaged in, or within15
twenty-four hours after, nonroutine stressful or strenuous activity in16
the line of duty; 17
(ii) The public safety officer was exposed to any toxin or18
carcinogen while on duty and the public safety officer began service no19
fewer than five years prior to the date of a diagnosis of an exposure-20
related cancer; or 21
(iii) The public safety officer was exposed to cumulative traumatic22
events while on duty, such exposure was a substantial contributing factor23
in the death of the public safety officer, and either:24
(A) The public safety officer was diagnosed by a licensed medical or25
mental health professional with an injury or illness related to such26
exposure; or 27
(B) There is evidence that the public safety officer attempted to28
receive help, treatment, or diagnosis for an injury or illness related to29
such exposure. 30
(c)(i) The presumption in subdivision (2)(b)(i) of this section may31
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be overcome by competent medical evidence that establishes the death was:1
(A) Unrelated to the engagement or participation in activities in2
the line of duty; or 3
(B) Caused by something other than such engagement or participation4
or the mere presence of cardiovascular disease risk factors.5
(ii) The presumption in subdivision (2)(b)(ii) of this section may6
be overcome by competent medical evidence that establishes the exposure7
to the toxin or carcinogen was not a substantial contributing factor in8
the death of the public safety officer. 9
(d) (b) Killed in the line of duty excludes death resulting from the10
willful misconduct or intoxication of the public safety officer;11
(3) Law enforcement officer has the same meaning as in section12
81-1401; 13
(4) Public safety officer means: 14
(a) A firefighter; 15
(b) A law enforcement officer; 16
(c) A member of an emergency medical services ambulance squad17
operated by a political subdivision or by a private, nonprofit ambulance18
service, but excluding any employee of a private, for-profit ambulance19
service; or 20
(d) A correctional officer employed by a jail or by the Department21
of Correctional Services; 22
(5) Risk Manager means the Risk Manager appointed under section23
81-8,239.01; and 24
(6) State Claims Board means the board created under section25
81-8,220. 26
Sec. 4. Section 81-8,318, Reissue Revised Statutes of Nebraska, is27
amended to read: 28
81-8,318 (1) To receive compensation under the In the Line of Duty29
Compensation Act, a claim for the compensation shall be filed with the30
Risk Manager within three years after the date of death of the public31
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safety officer who was killed in the line of duty. Such claim shall be on1
a form prescribed by the Risk Manager and shall include:2
(a) The name, address, and title or position of the public safety3
officer who was killed in the line of duty; 4
(b) A copy of the form filed in accordance with subsection (4) of5
section 81-8,317, if any. If no such form has been filed, the claim shall6
include the name and address of the person or persons to whom7
compensation is payable under subdivision (3)(b) of section 81-8,317;8
(c) A sworn statement providing a full factual account of the9
circumstances resulting in or the course of events causing the death of10
the public safety officer; and 11
(d) Such other information as the Risk Manager reasonably requires.12
(2) The Risk Manager shall send written notice to all claimants13
within two weeks after the initiation of a claim indicating whether or14
not the claim is complete. For purposes of this subsection, a claim is15
complete if a claimant has submitted to the Risk Manager all documents16
and information required under subsection (1) of this section. If a claim17
is incomplete, the Risk Manager shall include in the written notice a18
list of the documents or information which the claimant must submit in19
order for the claim to be complete. If a claim is complete, an20
investigation of the claim shall be made in the manner provided in the21
State Miscellaneous Tort Claims Act in accordance with section 81-8,212 .22
Upon completion of such investigation, and no later than one hundred23
eighty days after receipt of a complete claim, the State Claims Board24
shall approve or deny such claim and the Risk Manager shall send written25
notice to the claimant stating whether the claim has been approved or26
denied. If a claim is denied, the notice shall include the reason or27
reasons for the denial. If a claimant is dissatisfied with a denial, he28
or she may file an application for review with the Risk Manager in29
accordance with subsection (2) of section 81-8,300 district court for30
Lancaster County in accordance with sections 81-8,213 and 81-8,214. If a31
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claim is approved, compensation shall be paid to the claimants entitled1
to such compensation in accordance with section 81-8,300 81-8,211.2
(3) This section shall apply to any claim arising on or after3
January 1, 2022. 4
Sec. 5. Original sections 81-8,236, 81-8,300, 81-8,316, and5
81-8,318, Reissue Revised Statutes of Nebraska, are repealed.6
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