Governor Vetoes Child Abuse Tort Claim Bill

By Gordon HopkinsAmong the flurry of bills passed in the last days of the 2024 session of the Nebraska Legislature was LB (Legislative Bill), which would have allowed political subdivisions to be sued for harm caused to a child by sexual or other abuse under the Political Subdivisions Tort Claims Act. This week, Governor Jim Pillen vetoed that bill.According to the bill's Statement of Intent, “LB 25 will authorize punitive damages as described and will require the damages collected be used for common schools.”Under the proposed law, a claim could not be made against the state and a cap of damages would have been set at $1 million.LB25 passed on a vote of 28-17.In a letter, Governor Pillen cited the cost to taxpayers and describe the bill as “overbroad.”“LB 25 creates a new body of law and would substantially increase the costs Nebraska taxpayers must bear for claims of abuse by both government employees and even non-employees,” wrote Pillen. “We must hold perpetrators accountable and protect children from abuse by enforcing the criminal laws that exist and by targeting the wrongdoer. Taxpayers should not bear this burden. There are also existing civil remedies available for children and their families that allow compensation for harm caused by abuse. These remedies balance the need to provide compensation with the need to manage risk and protect taxpayer dollars.”In response to the veto, the Nebraska Democratic Party Chair Jane Kleeb issued a statement, “Governor Pillen is refusing to hold abusers accountable. I don’t care if an abuser works for the government, they need to be held accountable and so does the governmental agency if they ignored previous behaviors. Pillen is choosing abusers over kids. Another shameful act by Pillen who claims he protects kids.”Local officials watched the progress of LB 25 closely during the legislative session. Commissioner Mark Schoenrock expressed concern about the potential cost to counties at a meeting of the commissioners last month, “We are certainly sympathetic to victims in such circumstances, but the outer boundaries for the county's liability will only be limited by the imagination of a plaintiff's attorney.”County Attorney Joseph Casson pointed out, “All this does is gives them the opportunity to sue. You still have to prove negligence of some service.”

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