LINCOLN — Nebraska hospitals, businesses and schools would be protected from most coronavirus-related lawsuits under a bill introduced Friday in the Legislature.
State Sen. Tom Briese of Albion sponsored Legislative Bill 139, along with Sen. Matt Williams of Gothenburg. It was among 212 bills and five constitutional amendments introduced by state lawmakers this week.
Briese said his proposal is intended to help Nebraska recover from the coronavirus pandemic, which has killed more than 1,800 people here, more than tripled the number of unemployed workers and caused widespread economic disruption.Â
"As many segments of society struggle to deal with and rebound from the impact of the pandemic, they face the threat of needless lawsuits related to COVID," he said. "It's incumbent on us to provide some level of protection against such lawsuits while ensuring the safety of our citizens and holding bad actors accountable."
His proposal would offer legal protection in multiple ways. First, it would bar lawsuits unless someone was hospitalized or died from the coronavirus. It would also prohibit lawsuits against entities that were following federal and state laws or public health orders and guidance.Â
It would not allow a lawsuit unless an entity had acted with gross negligence or willful misconduct, rather than ordinary negligence. Finally, it would raise the standard of proof, making it harder for people bringing lawsuits to prove that they had been hurt because of gross negligence or willful misconduct.
The bill would also offer additional protection to health care providers for care given — or not given — because of their response to the coronavirus.Â
"The last thing our hometown heroes need is to worry about being sued for canceling an elective procedure or an accidental exposure when they were doing the right thing all along," Briese said.
But Andy Sibbernsen, an Omaha attorney and president of the Nebraska Association of Trial Attorneys, panned the proposal. He said the organization always opposes legislation limiting people's ability to go to court if they are injured by someone who did not follow accepted policies and procedures.
Such bills "limit justice, and they limit people's access to the court system," he said. "If people and businesses are acting reasonably, there's no reason to be worried about it."
Briese said he is not aware of coronavirus-related lawsuits in the state but said he has heard from a number of entities that are fearful about the possibilities. LB 139 would apply only to events occurring after the measure passes. It would not apply to anything that happened previously.
Sen. Steve Lathrop of Omaha offered a different COVID-19 liability measure on Thursday. His LB 52 would offer even broader protection, barring any civil action for injury or death stemming from exposure to the coronavirus after the bill takes effect.
But Lathrop, who is a trial attorney, said he introduced the bill to spark a conversation about whether liability protection is needed. He said COVID-19 has become so widespread, it could be difficult for people to prove where they were exposed.
Among other bills introduced Friday:
Emergency contraception. Hospitals would be required to offer emergency contraception to women who have been sexually assaulted under LB 183, introduced by Sen. Megan Hunt of Omaha. The bill would provide for state sanctions against a hospital that failed to provide information about the option or to offer such care.Â
School property tax. Property taxes would be limited to 33% of school funding under Legislative Resolution 13CA, introduced by Sen. Tom Brewer of Gordon. Statewide, property taxes now cover about 60% of the cost of K-12 education in Nebraska.Â
Facial surveillance. Police and other government entities would be barred from using or keeping facial surveillance, also known as facial recognition, data under LB 199, introduced by Sen. Tony Vargas of Omaha. The bill would also prohibit facial surveillance from being used in court cases. The bill includes a statement of intent that says that facial surveillance technology is less accurate in identifying women, young people and people of color and that using such systems is like requiring everyone to carry and display photo identification at all times.Â
Fireworks. Nebraskans might be able to get some additional kinds of fireworks under LB 152, introduced by Sen. Julie Slama of Peru. The bill would remove almost all state-imposed limits on consumer fireworks and would rely on federal regulations and testing by the U.S. Consumer Product Safety Commission instead.Â
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The Sower ascends to top of Nebraska State Capitol in April 1930.
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Workers prepare The Sower for installation. At 19.5 feet tall, The Sower is the tallest human figure sculpted by Lee Lawrie.
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Terry Lane, dressed as Buffalo Bill Cody, gives a speech to celebrate Nebraska's 150th anniversary of statehood at the State Capitol Rotunda on March 1, 2017, in Lincoln.
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A detail carved in stone around the doorway in the Nebraska Supreme Court is seen on Nov. 17, 2009, in Lincoln. The same corn detail is used throughout the Capitol building.Â
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Dressed in old west lawman attire, Frank Murcek looks at the busts on display at the State Capitol in Lincoln on March 1, 2017. Murcek was there to help celebrate Nebraska's 150th anniversary of statehood.
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People gather and take their seats before Gov. Pete Ricketts delivers his State of the State address on Jan. 12, 2017, at the State Capitol.
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Over the bench of the Nebraska Supreme Court is a proposed state seal that was never adopted, done in polychrome on stone.
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Larry Bare, the longest serving chief of state (to the governor) in the state's history, in his office at the State Capitol in Lincoln on Nov. 20, 2014.
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A buffalo medalion in the bronze door grills on the north side of the Capitol is seen on Nov. 17, 2009, in Lincoln.
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Signs of the zodiac set in a chandelier hanging over the Rotunda, seen on Nov. 17, 2009, in Lincoln.
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People tour the north side of the Nebraska State Capitol in Lincoln on May 18, 2017.
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The Betsy Riot group protests the lack of funding for Planned Parenthood prior to the start of the final day of the Nebraska Legislative session at the Nebraska State Capitol in Lincoln on April 18, 2018.
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For 10 days, the Nebraska state flag, which is hoisted over the State Capitol's west side when lawmakers are in session, flew upside down. On Feb. 1, 2017, it was back to flying right-side up on the west side of the Nebraska State Capitol in Lincoln.
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Gail Brolliar of Lincoln walks past the fountain at Centennial Mall North in Lincoln on July 13, 2016.
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Power and Mercy from the north side of the Capitol is seen here on Nov. 17, 2009, in Lincoln.
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Looking down one of the halls of fame at the State Capitol in 2016.
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In the Capitol's Great Hall, part of the "Four Ages of Man" "Childhood," is seen here on Nov. 17, 2009, in Lincoln.
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Chairs in the governor's hearing room are seen here on Thursday, Aug. 28, 2014, at the State Capitol in Lincoln, Nebraska. The keeper of the State Capitol is defending the $1,900 per chair cost of renovating historic chairs in the governor's hearing room as cost-effective in the long run. Bob Ripley compared it to the $1,400 cost of chairs for legislative hearing rooms -- chairs that have now lasted 24 years without replacement.
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An aerial view of the Nebraska State Capitol in Lincoln, on Sept. 26, 2009.
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The State Capitol can be seen from the club level of East Memorial Stadium on Aug. 22, 2013.
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From the Capitol's Great Hall, "Youth" from the "Four Stages of Man" is seen here on Nov. 17, 2009, in Lincoln.Â
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Nebraska Chief Justice Mike Heavican speaks at the State Capitol on Jan. 18, 2018, in Lincoln. Chief Justice Mike Heavican gave his 11th annual State of the Judiciary address to the Legislature.
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The Abraham Lincoln statue at the west entrance of the State Capitol building is seen here on Feb. 7, 1965, in Lincoln.
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From the Capitol's Great Hall, "Maturity" from the "Four Stages of Man" is seen here on Nov. 17, 2009, in Lincoln.
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Tony Ripa sketches in a hallway of the Nebraska Capitol for a University of Nebraska architecture class on March 1, 2017, in Lincoln.
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Justinian Caesar peeks out from work on the south side of the Capitol is seen here on Nov. 17, 2009, in Lincoln.
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Senators look on during the Unicameral Legislature at the Nebraska State Capitol in Lincoln, Nebraska, on Thursday, May 18, 2017.
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Dan Snarr of Stansbury Park, Utah, with Atlas Bronze Casting, and Craig Anderson with Kingery Construction Co., are among the crew members installing a giant bronze bowl part of a fountain in the south west courtyard of the Nebraska State Capitol in Lincoln, Nebraska, Friday, March 17, 2017.
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Matt Hansen, left, a preservation architect and project manager with the Office of the Capitol Commission, Dan Snarr, second from left, of Stansbury Park, Utah, with Atlas Bronze Casting, Nebraska Capitol Administrator Robert C. Ripley, second from right, of the Office of the Capitol Commission and Craig Anderson with Kingery Construction Co., look on during the installation of a giant bronze bowl part of a fountain in the south west courtyard of the Nebraska State Capitol in Lincoln, Nebraska, Friday, March 17, 2017.
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The north side of the Capitol with the "Pioneer Panel" above the door with a bronze screen is seen here on Nov. 17, 2009, in Lincoln.
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The vote tally board with the names of the freshmen senators added. Capitol staffers prepare for the start of the 2017 legislative session at the Nebraska State Capitol in Lincoln on Jan. 3, 2017.
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From the Capitol's Great Hall, "Old Age" from the "Four Stages of Man" is seen here on Nov. 17, 2009, in Lincoln.
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A detail of a wolf carved into the fireplace in the old senate lounge is seen here on Nov. 17, 2009, in Lincoln.
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At left, the gold leaf design inlaid on walnut planking shines in contrast to the right side yet to be cleaned during restoration of the Legislative Chamber of the State Capitol involving the removal of 80 years worth of water damage and dirt from the ceiling and walls on Wednesday, July 9, 2008, in Lincoln, Nebraska.
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A western meadowlark carved in white onyx on the rotunda balcony glows as a beam of sunlight illuminates it from behind on Nov. 17, 2009, in Lincoln.
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State Sen. John Nelson of District 06 talks in a booth just off the floor of the legislature before the start of the Thursday, April 10, 2014, session at the Nebraska State Capitol building in Lincoln, Nebraska.
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Seated beneath a recently-cleaned portion of shining gold leaf designs, Chris Shelton of the Boston-based restoration company Robert Mussey Associates prepares the walnut beams on the ceiling of the Legislative Chamber of the State Capitol for resurfacing on Wednesday, July 9, 2008, in Lincoln, Nebraska. A restoration project to clean 80 years of water damage and dirt from the walls and ceiling of the chamber is currently under way and aims to be finished before the legislative session begins in January.
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Exterior of the scaffolding-clad Nebraska State Capitol in Lincoln, Nebraska, Wednesday, March 29, 2000. Part of an eight-year, $21 million renovation project to the landmark, the capitol has been surrounded with scaffolding for the first time in its history to aid workers. The custom made work platform cost about $1.5 million, according to project architect Michael Rindone. It should be up another three years.
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Matt Hansen, left, a preservation architect and project manager with the Office of the Capitol Commission, and Craig Anderson and Scott Morrow with Kingery Construction Co., look on during the installation of a giant bronze bowl part of a fountain in the south west courtyard of the Nebraska State Capitol in Lincoln, Nebraska.
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People gather in the Nebraska Capitol's northeast courtyard for the dedication of the Capitol Fountains in Lincoln, Nebraska, on September 22, 2017.
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Onlookers watch one of the Capitol Fountains turn on the first time during their dedication at the Capitol Building in Lincoln, Nebraska, on Sept. 22, 2017.
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Sydney Carl sketches in the Warner Legislative Chamber for an architecture class at UNL on Wednesday, March 1, 2017, in Lincoln, Nebraska. The chamber, which normally isn't open, was overlow for the celebration of Nebraska's 150th anniversary of statehood at the State Capitol.
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The Nebraska State Capitol building's Sower statue is framed by fall leaves on Nov. 6, 2014, in Lincoln.
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Scaffolding in the Legislative Chamber of the State Capitol spans every area of the walls and ceiling with decking at seven foot intervals during restoration involving the removal of 80 years worth of water damage and dirt from the ceiling and walls on Wednesday, July 9, 2008, in Lincoln, Nebraska. The chandeliers were lowered, desks boarded up and gallery seats covered for protection during the project.
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Attendees of the Nebraska State Christmas Tree Lighting and Carol Sing fill the lower and upper levels of the Rotunda of the Nebraska State Capitol as the North Star Choreographed Choir performs. The 65th Annual Nebraska State Christmas Tree Lighting and Carol Sing took place in the Rotunda of the Nebraska State Capitol in Lincoln, Nebraska, on Dec. 9, 2012.
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Busts lining the capitol's hall of fame appear to be watching a group of visitors to the capitol.Â
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Chairs in the governor's hearing room are seen here on Thursday, Aug. 28, 2014, at the State Capitol in Lincoln, Nebraska. The keeper of the State Capitol is defending the $1,900 per chair cost of renovating historic chairs in the governor's hearing room as cost-effective in the long run. Bob Ripley compared it to the $1,400 cost of chairs for legislative hearing rooms -- chairs that have now lasted 24 years without replacement.
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Earlier viewers take their a bird's eye view of the George W. Norris Legislative Chamber on Wednesday, Jan. 7, 2009, before the start of the first legislative session of the year, at the Nebraska State Capitol in Lincoln, Nebraska.
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The sun shines on the Nebraska State Capitol the day before the legislative session begins in Lincoln, Nebraska, Tuesday, Jan. 2, 2018.
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Eric Bright, of Lincoln, enters the Nebraska State Capitol in Lincoln, Nebraska, on Thursday, May 18, 2017.
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Nebraska Hall of Fame author and historian Mari Sandoz's bust in a hallway in the State Capitol in Lincoln, Nebraska. The bust is seen here on April 8, 1998.
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Jacob Mason talks about LB 300 during the Unicameral Youth Legislature in the Warner Legislative Chamber in the Nebraska State Capitol on Tuesday, June 13, 2017, Lincoln, Nebraska.
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The Sower on top of the Nebraska State Capitol building is shown in Lincoln, Nebraska, on Friday, March 25, 2016.
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Index Clerk Carol Koranda prepares the Unicameral chambers for Wednesday, when the new legislative session starts, at the Nebraska State Capitol in Lincoln, Nebraska, on Monday, Jan. 7, 2013.
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A $106 million renovation project will include replacing windows at the State Capitol Building on Wednesday, May 16, 2018, in Lincoln, Nebraska.
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Tatiana Luepnitz, 11, of Lincoln cools off while playing in the Capitol Fountain at Centennial Mall north of the Nebraska State Capitol in Lincoln, Nebraska, Wednesday, July 13, 2016.
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The State Capitol Building on Wednesday, May 16, 2018, in Lincoln, Nebraska.
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Nebraska lawmakers return to the State Capitol in Lincoln, Nebraska, for the opening of the 2012 legislative session on Wednesday Jan. 4, 2012.
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People walk the halls on Feb. 17, 2015 at the Nebraska State Capitol in Lincoln, Nebraska.
martha.stoddard@owh.com, 402-670-2402, twitter.com/stoddardOWH