[{"_1":2,"_121":-5,"_122":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76,88,100,111],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6304095,"mediaKeyId","2469128-6834cb8622a961ab5c33643b43319958","parentId",2469128,"title","Committee hears Uniform Public Expression Protection Act; Attorney General warns of exemptions","audioSeconds",2188,"startMs",6462000,"endMs",8650000,"viewUrl","/Search/View?dp=1&key=2469128-6834cb8622a961ab5c33643b43319958&start=6462&end=8650","thumbnailUrl","https://assets.pipeline.soar.com/2469128-6834cb8622a961ab5c33643b43319958/thumbnail_6462000.jpg","articleUrl","/articles/6304095/Nebraska/Committee-hears-Uniform-Public-Expression-Protection-Act-Attorney-General-warns-of-exemptions","mediaUrl","https://secure.pipeline.soar.com/6304095-824bbd58ec773a40949a31b3c4d39da7/orig.mp4?Expires=1771145010&Signature=GXUW3CACLhx9X2obPs8yszliP7N~Lz4PxKsClEckGEI9Y3h-S5CJ3nBtCeBfKMpLHbobL9gRLl1HH0qc4wTVwNaZrCqFcEgzTV47n2Q1Hl2rEygDR6YRAVHHfl17f1J8CC5JB4PXvnB5fJAouAB2unLkJTzRJycCXi4dASTlbs77qqogmQA6ez~osT-Osyc4hAxSOFLv89vYh3f4lh99LOhGBVAzC5CWfvBHzM6wOSYFp0Rx86lA4KoQHFlmT0a2ekIAM7o2xRzI8Pk12yoUsEJQotmy3out0U0YBv7e8aLca9maaEwtkNl1O6s7~TlPvgezfEvLpSU6-12mMs5I3A__&Key-Pair-Id=KUT5TJCACFTXG","author","Nebraska Legislature","date","2025-02-27T00:00:00Z","article","Senator Danielle Conrad introduced LB493, a reintroduction of a model Uniform Public Expression Protection Act meant to modernize Nebraska’s anti‑SLAPP protections and provide a clear, expedited process to dismiss lawsuits filed to silence public participation.

Conrad told the Judiciary Committee the bill updates Nebraska’s existing, narrow anti‑SLAPP statute and builds on the Uniform Law Commission’s model language. “If we're going to have an anti‑SLAPP law on the books ... we should have a statutory framework that's clear for all stakeholders that's modern and that works well,” Conrad said.

Larry Ruth, a member of the Nebraska Uniform Law Commission, and Jay Adkisson, a practitioner experienced in anti‑SLAPP work, described the model act’s structure. Adkisson told senators the primary effect is procedural: defendants can move early to dismiss claims that target constitutionally protected expression because “if the lawsuit is meritorious, it's gonna survive the motion for summary judgment. If it's not meritorious, it's gonna be kicked out upfront.” He said the statute narrows discovery when a protected‑speech special motion is filed and shifts verification burden to the plaintiff.

Media and civil‑liberties groups supported the bill. Corby Gilbertson, for Media of Nebraska, said SLAPP suits have become more frequent and that journalists and community advocates face costly litigation intended to silence them. Dylan Severino, policy counsel for the ACLU of Nebraska, described SLAPP suits as “a common tool for intimidating and silencing criticism” and argued the uniform act would speed dismissal of meritless claims.

The Nebraska Attorney General’s Office opposed the bill as drafted. Bebe Sernad, Consumer Protection Bureau chief, said the bill’s government exemption is “inadequate” and warned the act could be used to delay or block important civil enforcement brought by state and local governments (for example in deceptive‑trade and consumer‑protection suits). The office recommended an express, broad exemption for attorney general, county attorneys, and district attorneys similar to exemptions adopted in several other states. Sernad also noted that anti‑SLAPP statutes have been struck down on constitutional grounds in other states and that the bill as written could raise access‑to‑court and due‑process concerns.

Committee members asked about balancing free‑speech protections with the state’s need to pursue enforcement actions and about constitutional risks. Several proponents and the Uniform Law Commission representatives signaled willingness to work on exempting core government enforcement activity while preserving private‑party protections for petition and speech. No committee vote was taken at the hearing; the sponsor said she would continue stakeholder discussions.","mediaType","Video","parentTitle","Judiciary Committee - 2/27/2025","oneSentenceSummary","Sen. Danielle Conrad introduced LB493 to expand Nebraska’s anti‑SLAPP law using the Uniform Law Commission model; supporters said the measure protects public expression from meritless suits, while the Attorney General’s office urged broader government exemptions and flagged constitutional and procedural issues.","taxTitle","2025 Legislature NE, Nebraska","taxId",77675,"location","Nebraska","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6304100,"Senate committee considers ban on HOA rules that block rooftop solar and pollinator gardens",3286,2666000,5952000,"/Search/View?dp=1&key=2469128-6834cb8622a961ab5c33643b43319958&start=2666&end=5952","https://assets.pipeline.soar.com/2469128-6834cb8622a961ab5c33643b43319958/thumbnail_2666000.jpg","/articles/6304100/Nebraska/Senate-committee-considers-ban-on-HOA-rules-that-block-rooftop-solar-and-pollinator-gardens","https://secure.pipeline.soar.com/6304100-98f7e47f1df527382d72b58c665304f0/orig.mp4?Expires=1771145010&Signature=EdkgKZTAC6LG3Q8TWfGHnhhAoxGQVJZlgdRpC2jbe-WCNnLfhsAi2PkfhpiEzib1hGJg2EWWXcl6MdmNfFMQuTEFEWp0kr9DPBsLeased~chUTgPYtY1fdK-ocP4OU8EDQV6jEqn6FtD0kKZHspUfhu192PZL~rDbRLq7C2m7qmh2uxJ3S48qcFULcy5Xcru9zm2a-ZbNECBKWEdwUus3qENcYEUvTlzgghqNxjgyY0CM--SW24dOUoMD6~ZkAtKZK096xWQbWpPpN1ZJcyISUVJDtPOwZWwf4tebjFcZFws2BPCNbS5wsYBbGqBW6F120iCuMurj7JEY17-Y~Tz9Q__&Key-Pair-Id=KUT5TJCACFTXG","Senator George Duncan, state senator for Legislative District 26, introduced LB137 to prevent homeowners associations (HOAs) from adopting or enforcing restrictive covenants that ban solar energy collectors or pollinator gardens on private residential property.

Duncan said the bill is intended to let “homeowners do what they want with their property, within reason,” and noted solar installations and managed pollinator gardens do not, in his view, harm neighboring properties. The measure would void existing HOA provisions that conflict with the new prohibition and provide a civil cause of action against an HOA that violates the section.

Al Davis, representing the Nebraska chapter of the Sierra Club, testified in support and highlighted climate and native‑habitat benefits. “Solar energy has become much more popular as the panels become more efficient, have more durability, and are much cheaper than they once were,” Davis said, adding that pollinator gardens reduce lawn chemical use and provide habitat for bees, butterflies and birds.

Faith‑based and environmental advocates echoed those points. Judy Mueller, of the Green Chalice Committee at Bethany Christian Church, said the church’s pollinator garden fulfills ecological requirements and community benefit. Lorie Benson, representing a climate action team at First Plymouth Congregational Church, said residential solar and pollinator gardens “provide safe, reliable, and inexpensive energy” and help pollinators on which agriculture depends.

Opponents included Corby Gilbertson, representing the Nebraska Realtors Association and builder groups, who said HOAs are contractual arrangements with covenants buyers accept at closing and that the bill would invalidate many existing covenants. Gilbertson said some neighborhood covenants limit plant height near streets and bar certain rooftop placements; he asked that the bill be limited to future covenants or otherwise preserve forward‑looking protections for HOAs.

Committee members questioned whether the bill would pre‑empt local ordinances or improperly remove choices previously agreed by homeowners. Senator Holcroft and others argued that when buyers purchase in an HOA community they accept recorded covenants and that most covenants include internal amendment procedures. Senator Duncan said LB137’s text contemplates existing local pollinator programs and would not override local laws; he also said he was open to compromise language that balanced HOA management and homeowner rights.

The hearing drew organized support through dozens of written proponent comments and a handful of oppositions from realty and builders’ associations. Committee takeaways included requests for clearer definitions (for example, precise standards for “pollinator garden”), time‑place‑manner language for solar installations (setback and aesthetic clauses), and explicit preservation of local height and nuisance rules. No formal committee vote was taken at the hearing.","Sen. George Duncan told the Judiciary Committee LB137 would bar homeowners associations from prohibiting rooftop solar collectors and pollinator gardens; environmental groups supported the bill while builders and realtor groups warned it would override private covenant agreements.",{"_33":89,"_35":36,"_37":38,"_39":90,"_41":91,"_43":92,"_45":93,"_47":94,"_49":95,"_51":96,"_53":97,"_55":56,"_57":58,"_59":98,"_61":62,"_63":64,"_65":99,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6304105,"Judiciary Committee hears bill to restore joint-and-several effect after Tadros ruling",4027,198000,4225000,"/Search/View?dp=1&key=2469128-6834cb8622a961ab5c33643b43319958&start=198&end=4225","https://assets.pipeline.soar.com/2469128-6834cb8622a961ab5c33643b43319958/thumbnail_198000.jpg","/articles/6304105/Nebraska/Judiciary-Committee-hears-bill-to-restore-joint-and-several-effect-after-Tadros-ruling","https://secure.pipeline.soar.com/6304105-cfcf295ee0945396edf0511f0aa24db8/orig.mp4?Expires=1771145010&Signature=Dbivz6gjY8GOJYUeLBF1GjmfjX06ki11YWh~GNfBrENZPQF0m70nPWKBNqI6VL0btV1Cj0YABCy2maTKYM-WtFzJqUl3KfxmS98uCjqdn-H9gRi6Vxtyg77cNbloUvFZgRoWY1tEDHczZSbX90Exgiwr09g2l9VFo3K8ar0lHmGSvUXVHkM96AsNBCmRPWchSb9ZhpiWDByPoldD8mdQfCqo6WX4UPMeq5hEnIgUwhbW2RJtR5vUQy~01Q4782t0M2ehN9XLCQrrbj6fQV1ZznPLt5WvlSvf~enYR09M16FnfvR8Hx6T5PwrjSYCBICfSMcEbGGKMyXUN0ZzQ19Lbw__&Key-Pair-Id=KUT5TJCACFTXG","Senator George Duncan, state senator for Legislative District 26, introduced LB416 at the Judiciary Committee hearing, saying the bill is a “much needed fix” to the effect of the Nebraska Supreme Court’s Tadros decision and an obstacle to settlements in negligence cases.

The bill would narrow the Tadros consequence that, in practice, has discouraged some plaintiffs from settling with one defendant out of concern that a later verdict against another defendant would be reduced. “Tadros unquestionably serves as an obstacle to settlement, not an encouragement,” Duncan said during his opening remarks.

Supporters told the committee the change would allow plaintiffs to resolve some claims earlier and get needed money to injured people. Mark Richardson, speaking for the Nebraska Association of Trial Attorneys, said the current rule forces plaintiffs to keep all defendants in litigation rather than resolve otherwise reasonable settlements. “If that case were brought today, the only difference in that case would be that first defendant that settled out would not have been allowed to be settled out,” Richardson said while explaining the Tadros facts to the committee.

Cameron Gunzel, a trial attorney who described representing a child severely injured in an accident, urged passage on humanitarian grounds. Gunzel said his client, a girl who is now quadriplegic and fed by a G-tube, could benefit from a relatively small settlement from one defendant that would be “life changing” while preserving claims against more culpable parties. “Instead of resolving this case and getting money to my very desperate client ... this party will spend that money on attorneys and litigation,” Gunzel said.

Defense-side witnesses described mixed effects. Rob Keith, a defense lawyer and mediator, said Tadros creates a practical barrier to settlement in many low-to-moderate-value cases because smaller-policy defendants can’t safely tender limits and leave the case. He told senators that LB416 would “help get more cases resolved, informally, without court intervention.”

Opponents warned LB416 could shift losses to parties or entities with deeper pockets. Melanie Whittamore Mansios, testifying for the Nebraska Defense Counsel Association, said the 1992 comparative‑negligence reforms were a negotiated compromise and that Tadros reflects that statutory scheme. She described the court’s interpretation as a pro rata reduction (a percentage offset) rather than a pro tanto dollar-offset and warned LB416 would “undo the compromise intended by the 1992 statutory scheme.” Jeff Davis, for BNSF Railway, presented a hypothetical in which settlement by a minimally responsible driver could leave another defendant paying more than its fair share unless offsets are applied.

Committee members asked detailed questions about how offsets, contribution claims, and jury apportionment would work under LB416. Several witnesses explained contribution and indemnity remedies remain available after judgment, but they acknowledged litigation over allocation can be lengthy. The attorney general’s office submitted a written letter cited in the hearing that expressed concern about “over recovery” scenarios and asked whether statutory language could prevent plaintiffs from recovering more than the total damages.

No committee vote was taken at the hearing. Senators and witnesses indicated willingness to continue working on technical language; the introducer said he would follow up with interested parties.

As presented, LB416 would not change Nebraska’s allocation of non‑economic damages, which the 1992 tort reform package already limited, but would address how prior settlements affect joint economic‑damage exposure at trial.

While the hearing included strongly worded examples from both plaintiff and defense counsel, the committee did not adopt a final amendment or set a date for further action at the hearing’s close.","Sen. George Duncan introduced LB416 to reverse what proponents call a settlement disincentive created by the Nebraska Supreme Court's Tadros ruling; plaintiffs' attorneys said the change would increase settlements, while defense groups warned of uneven results and taxpayer exposure.",{"_33":101,"_35":36,"_37":38,"_39":102,"_41":103,"_43":104,"_45":104,"_47":105,"_49":106,"_51":107,"_53":108,"_55":56,"_57":58,"_59":109,"_61":62,"_63":64,"_65":110,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6304085,"Bill would extend short insurance window after property passes via transfer‑on‑death deed, sponsor says",0,10003000,"/Search/View?dp=1&key=2469128-6834cb8622a961ab5c33643b43319958&start=10003&end=10003","https://assets.pipeline.soar.com/2469128-6834cb8622a961ab5c33643b43319958/thumbnail_10003000.jpg","/articles/6304085/Nebraska/Bill-would-extend-short-insurance-window-after-property-passes-via-transferondeath-deed-sponsor-says","https://secure.pipeline.soar.com/6304085-c8b67e9d4c1e5646fb625de533bec3df/orig.mp4?Expires=1771145010&Signature=Mda-GksJNyb0VuSUD6Qvrpn~wi2w03anaISLPc7ZRdG6N58Gjf-I8kPYWpBioIP4B7BbwFl65HrG7QrrQIKW-kTZSNN1vSzih49y-AMUlOznldXvmZxBLTQoBKudX9UsSlqTqAGNefwAzl0RbO3Fw7--wKNL638eIc0-JXmyC8mJR4JBYt5JPQIEQMzWH6DrheutDWQo4BYGqI06OIE49l-OFDT2LL8YshnjTKR8IvDD4RdW8o1UwyMT0PwGpZGJTqfC5z-8fsy0QuKWnb16RtdfILsJdHaHC8LGlUwas~r70lTb1EN~5d9cJaRqzM26nG4cSuh4e1E8slCslq1w3w__&Key-Pair-Id=KUT5TJCACFTXG","Senator Tanya Storer, representing Legislative District 43, introduced LB422 to create a temporary insurance protection window for beneficiaries of property that transfers by a transfer‑on‑death (TOD) deed. The proposed rule would preserve the deceased owner’s insurance coverage for a set window (the sponsor said 60 days in her opening comments) so a beneficiary has time to obtain a new policy and avoid uninsured losses.

Storer told the Judiciary Committee the bill responds to litigation and practical problems when property passes automatically at death and the new owner has not yet had an opportunity to secure insurance. She cited Robinson v. State Farm, an Eighth Circuit matter discussed in the hearing, where property that transferred by TOD was destroyed shortly after the transferor’s death and the beneficiary faced coverage questions. “The proposed coverage window in LB422 would allow a beneficiary a reasonable window of protection against loss in the wake of the death of the transferor,” Storer said.

Tim Heruza, appearing for the Nebraska State Bar Association, said the association supports the bill and that bar members and insurers have been negotiating language intended to limit the measure to property‑damage coverage and to avoid unintended liability exposure. Robert Bell of the Nebraska Insurance Federation said his members were neutral and that insurance trade organizations and the bill sponsor had been exchanging draft language for multiple years; he summarized the industry’s priorities as requiring a clear warning on TOD status, a limited short temporary coverage window, and termination rules tied to policy period or replacement coverage.

Committee members and witnesses said an amendment was forthcoming to reflect the industry‑sponsor agreement on the technical mechanics (for example, whether the window is 30 or 60 days, what notice is required, and whether coverage extends only to property damage). No committee vote was taken at the hearing and the sponsor said she expected a collaboratively drafted amendment would be ready for committee consideration.","Sen. Tanya Storer introduced LB422 to require temporary insurance coverage for property that passes on death via transfer‑on‑death deeds; sponsors said a 30–60 day window prevents uninsured losses after a transferor’s death and negotiations with insurers were ongoing.",{"_33":112,"_35":36,"_37":38,"_39":113,"_41":103,"_43":114,"_45":114,"_47":115,"_49":116,"_51":117,"_53":118,"_55":56,"_57":58,"_59":119,"_61":62,"_63":64,"_65":120,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6304090,"Bill to let homeowners in HOAs display political signs draws ACLU support and HOA pushback",8651000,"/Search/View?dp=1&key=2469128-6834cb8622a961ab5c33643b43319958&start=8651&end=8651","https://assets.pipeline.soar.com/2469128-6834cb8622a961ab5c33643b43319958/thumbnail_8651000.jpg","/articles/6304090/Nebraska/Bill-to-let-homeowners-in-HOAs-display-political-signs-draws-ACLU-support-and-HOA-pushback","https://secure.pipeline.soar.com/6304090-568ef3a106adb050f2df14ccf6d462e3/orig.mp4?Expires=1771145010&Signature=hdPFn7r5DHizdkVKO94rMsj5eVSInwhJxoGiw5z2ARjAEC09wnmFKGUJtfnkId6j390nTC0fnqvcRoTXfbgawAWrXq3HCxRMXfqP3tWm3wt9zI8wgoJD8UM0darMHHOZ8stUCKF1xsnpsZpPA11EhbZGZun1EeC4oJAZHfipR8Sv0q1r2~SpWKKZwyD7DMdri3eNHmWj~0I0~c9kQtX-uKnEsMUDm0gfJrN6d2w6mCjb0nqYr4BlCctJehZRF7IL079PZghl16iSDMVs4gZt9~VHnGEpPbzlfeVKgZPWjTQLIkxBJiqi~pJU8iYufOft-lVGHon7Hf7vuLBTKFaQyw__&Key-Pair-Id=KUT5TJCACFTXG","Senator Danielle Conrad introduced LB360 to the Judiciary Committee to permit political yard signs on private property within homeowners associations during defined election periods. She said the bill is intended as a narrow protection for political expression: “There are about six states that have said because political speech is so highly protected ... we are going to allow ... homeowners to put up political yard signs,” Conrad said.

Supporters focused on free‑speech and practical access for voters and volunteers. Dylan Severino, policy counsel for the ACLU of Nebraska, endorsed LB360 and said HOAs should not be able to ban residents from expressing political preferences on their own property. Theresa Cleborad, an HOA homeowner and current HOA president who spoke as a private citizen, described discovering a covenant restriction only after moving in and said she was surprised she could not put a political sign in her window or yard.

Opponents argued the bill intrudes on a private, contractual governance system. Corby Gilbertson, representing realtor and builder associations, told the committee that HOAs are contractual entities and buyers typically receive covenants at closing; he said the bill should not wipe out existing covenants and suggested limiting the proposal to future covenants or including clear, narrow time‑and‑manner rules. Senator Holcroft and others repeatedly emphasized that buyers joining an HOA agree to recorded covenants and that most HOAs provide a formal amendment process requiring substantial homeowner support.

Senator Conrad and proponent witnesses said they are open to narrow, objective time‑place‑manner limits (for example, limits on size, timing relative to election dates, and maintaining HOA control of common areas) designed to avoid viewpoint discrimination while still allowing political expression. The ACLU representative and other proponents emphasized the special constitutional status of political speech and compared HOA sign restrictions to satellite‑dish precedent in federal law (Congress previously limited HOA bans on satellite dishes).

The committee did not take a formal vote. Senators and witnesses agreed to continue stakeholder talks to craft objective definitions and consider an amendment that would balance homeowner expression with HOA property‑management interests.","Sen. Danielle Conrad introduced LB360 to protect political yard signs in homeowners associations. Supporters framed the bill as a narrow protection for core political speech; opponents and HOA representatives warned it would override private covenant agreements and urged respect for HOA amendment procedures.","actionData","errors"]

Article not found

Committee hears Uniform Public Expression Protection Act; Attorney General warns of exemptions

Senate committee considers ban on HOA rules that block rooftop solar and pollinator gardens

Judiciary Committee hears bill to restore joint-and-several effect after Tadros ruling

Bill would extend short insurance window after property passes via transfer‑on‑death deed, sponsor says

Bill to let homeowners in HOAs display political signs draws ACLU support and HOA pushback