Nebraska LB 810: Change provisions of State Tort Claims Act relating to certain claims arising out of misrepresentation or deceit by the Department of Health and Human Services

Bill Text

LEGISLATURE OF NEBRASKA
ONE HUNDRED FIFTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 810

Introduced by Harr, 8.
Read first time January 04, 2018
Committee: Judiciary
A BILL FOR AN ACT relating to the State Tort Claims Act; to amend section1
81-8,219, Revised Statutes Supplement, 2017; to change provisions2
relating to liability for misrepresentation or deceit; and to repeal3
the original section.4
Be it enacted by the people of the State of Nebraska,5
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Section 1. Section 81-8,219, Revised Statutes Supplement, 2017, is1
amended to read:2
81-8,219 The State Tort Claims Act shall not apply to:3
(1) Any claim based upon an act or omission of an employee of the4
state, exercising due care, in the execution of a statute, rule, or5
regulation, whether or not such statute, rule, or regulation is valid, or6
based upon the exercise or performance or the failure to exercise or7
perform a discretionary function or duty on the part of a state agency or8
an employee of the state, whether or not the discretion is abused;9
(2) Any claim arising with respect to the assessment or collection10
of any tax or fee, or the detention of any goods or merchandise by any11
law enforcement officer;12
(3) Any claim for damages caused by the imposition or establishment13
of a quarantine by the state whether such quarantine relates to persons14
or property;15
(4) Any claim arising out of assault, battery, false imprisonment,16
false arrest, malicious prosecution, abuse of process, libel, slander,17
misrepresentation, deceit, or interference with contract rights;18
(5) Any claim arising out of misrepresentation or deceit, except19
that the State Tort Claims Act shall apply to a claim arising out of20
misrepresentation or deceit by the Department of Health and Human21
Services in failing to warn, notify, or inform of a ward's history as a22
victim or perpetrator of sexual abuse in cases of adoption or placement;23
(6) (5) Any claim by an employee of the state which is covered by24
the Nebraska Workers' Compensation Act;25
(7) (6) Any claim based on activities of the Nebraska National Guard26
when such claim is cognizable under the Federal Tort Claims Act, 2827
U.S.C. 2674, or the federal National Guard Tort Claims Act of the United28
States, 32 U.S.C. 715, or when such claim accrues as a result of active29
federal service or state service at the call of the Governor for quelling30
riots and civil disturbances;31
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(8) (7) Any claim based upon the failure to make an inspection or1
making an inadequate or negligent inspection of any property other than2
property owned by or leased to the state to determine whether the3
property complies with or violates any statute, ordinance, rule, or4
regulation or contains a hazard to public health or safety unless the5
state had reasonable notice of such hazard or the failure to inspect or6
inadequate or negligent inspection constitutes a reckless disregard for7
public health or safety;8
(9) (8) Any claim based upon the issuance, denial, suspension, or9
revocation of or failure or refusal to issue, deny, suspend, or revoke10
any permit, license, certificate, or order. Such claim shall also not be11
filed against a state employee acting within the scope of his or her12
office. Nothing in this subdivision shall be construed to limit the13
state's liability for any claim based upon the negligent execution by a14
state employee in the issuance of a certificate of title under the Motor15
Vehicle Certificate of Title Act and the State Boat Act except when such16
title is issued upon an application filed electronically by an approved17
licensed dealer participating in the electronic dealer services system18
pursuant to section 60-1507;19
(10) (9) Any claim arising out of the malfunction, destruction, or20
unauthorized removal of any traffic or road sign, signal, or warning21
device unless it is not corrected by the governmental entity responsible22
within a reasonable time after actual or constructive notice of such23
malfunction, destruction, or removal. Nothing in this subdivision shall24
give rise to liability arising from an act or omission of any25
governmental entity in placing or removing any traffic or road signs,26
signals, or warning devices when such placement or removal is the result27
of a discretionary act of the governmental entity;28
(11) (10) Any claim arising out of snow or ice conditions or other29
temporary conditions caused by nature on any highway as defined in30
section 60-624, bridge, public thoroughfare, or other state-owned public31
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place due to weather conditions. Nothing in this subdivision shall be1
construed to limit the state's liability for any claim arising out of the2
operation of a motor vehicle by an employee of the state while acting3
within the course and scope of his or her employment by the state;4
(12) (11) Any claim arising out of the plan or design for the5
construction of or an improvement