LB157 LB157
2023 2023
LEGISLATIVE BILL 157
Approved by the Governor June 6, 2023
Introduced by DeBoer, 10; Blood, 3; Fredrickson, 20.
A BILL FOR AN ACT relating to law; to amend sections 25-323, 25-331, 25-21,273,
30-2626, and 52-401, Reissue Revised Statutes of Nebraska, and sections
28-405, 28-416, 30-24,125, 42-903, 42-924, 43-286, 81-1821, 83-4,114, and
83-918, Revised Statutes Cumulative Supplement, 2022; to provide for awards of attorney's fees in appeals; to change provisions and modernize language relating to third-party practice; to allow petitioners in change of name proceedings to proceed in forma pauperis; to prohibit providers of
services relating to examination or treatment of injuries from sexual assault, domestic assault, and child abuse from taking certain debt enforcement actions against victims; to change provisions relating to
controlled substances schedules under the Uniform Controlled Substances Act; to change provisions relating to decedents' estates; to authorize appointment of temporary guardians for certain limited purposes in certain counties; to create the Limited Temporary Guardian Aid Program and provide state aid to covered counties; to provide for protection of household pets in protection orders under the Protection from Domestic Abuse Act; to provide for modification of disposition orders or conditions of probation or supervision under the Nebraska Juvenile Code; to provide for a lien for providers of emergency medical services; to change requirements for applications to the Crime Victim's Reparations Committee; to provide a duty for the Department of Correctional Services and to change provisions relating to certain reports; to eliminate obsolete provisions relating to
the long-term restrictive housing work group; to eliminate a reporting requirement related to the use of restrictive housing; to harmonize provisions; to appropriate funds to aid in carrying out the provisions of
Legislative Bill 157, One Hundred Eighth Legislature, First Session, 2023;
to provide operative dates; to repeal the original sections; to outright repeal section 83-173.02, Revised Statutes Cumulative Supplement, 2022;
and to declare an emergency.
Be it enacted by the people of the State of Nebraska,
Section 1. A statute that authorizes the award of attorney's fees to a party in a civil action or proceeding also authorizes an appellate court to
award attorney's fees if the party prevails on an appeal from a judgment or
order in the action or proceeding. This section does not apply if another section of law specifically authorizes or prohibits the award of attorney's fees on an appeal from such a judgment or order.
Sec. 2. Section 25-323, Reissue Revised Statutes of Nebraska, is amended to read:
25-323 The court may determine any controversy between parties before it
when it can be done without prejudice to the rights of others or by saving their rights; but when a determination of the controversy cannot be had without the presence of other parties, the court shall must order them to be brought in.
Any person whose negligence was or may have been a proximate cause of an accident or occurrence alleged by the plaintiff, other than parties who have been released by the plaintiff and are not subject to suit pursuant to section
25-21,185.11, may be brought into the suit by any party in the manner provided in section 25-331 or 25-705.
Sec. 3. Section 25-331, Reissue Revised Statutes of Nebraska, is amended to read:
25-331 (1)(a) A (1) At any time after commencement of the action, a defending party may, as a third-party plaintiff, serve may cause a summons and complaint on a nonparty:
(i) Who to be served upon a person not a party to the action who is or may be liable to the defending party third-party plaintiff for all or part of the plaintiff's claim against the defending party; or
(ii) Whose negligence was or may have been a proximate cause of the transaction or occurrence that is the subject matter of the plaintiff's claim and who is not precluded by section 25-21,185.11 from being made a party third-
party plaintiff.
(b) The third-party plaintiff shall, by motion, need not obtain the court's leave to make the service if the third-party plaintiff files the third-
party complaint more not later than fourteen ten days after serving its filing the original answer. Otherwise the third-party plaintiff must obtain leave of
the trial court on motion upon notice to all parties to the action.
(c) The person served with the summons and third-party complaint,
hereinafter called the third-party defendant, has shall have all the rights and obligations of a defendant, including those created the rights authorized by
this section and by the rules promulgated by the Supreme Court pursuant to
sections 25-801.01 and 25-1273.01.
(d) The third-party defendant may assert against the plaintiff any defense that defenses which the third-party plaintiff has to the plaintiff's claim. The
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third-party defendant may also assert any claim against the plaintiff any claim arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff.
(e) The plaintiff may assert any claim against the third-party defendant any claim arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff. The third-
party defendant shall have all the rights of a defendant including the rights authorized by this section. The court on its own motion, or motion of any party, may move to strike the third-party claim, or for its severance or
separate trial if the third-party claim should delay trial, might tend to
confuse a jury, or in any way jeopardize the rights of the plaintiff.
(f) A defending party may assert against the third-party defendant a claim that the third-party defendant is liable to the defending party for all or part of the claim against the defending party.
(g) A third-party defendant or subsequent defendants may bring in a nonparty if subdivision (1)(a) of this section would allow a defending party to
do so proceed under this section.
(h) Any party may move to strike the third-party claim, to sever it, or try it separately.
(2) When a claim counterclaim is asserted against a plaintiff, the plaintiff may bring in a nonparty if subdivision (1)(a) of cause a third party to be brought in under circumstances which under this section would allow a defending party entitle a defendant to do so.
Sec. 4. Section 25-21,273, Reissue Revised Statutes of Nebraska, is amended to read:
25-21,273 (1) Unless the petitioner is allowed to proceed in forma pauperis in accordance with sections 25-2301 to 25-2310, all All proceedings under sections 25-21,270 to 25-21,272 shall be at the cost of the petitioner or
petitioners, for which fee-bill or execution may issue as in civil cases.
(2) Any change of names under such the provisions of said sections, shall not in any manner affect or alter any right of action, legal process, or property.
Sec. 5. (1) A health care provider, an emergency medical services provider, a laboratory, or a pharmacy providing medical services,
transportation, medications, or other services related to the examination or
treatment of injuries arising out of sexual assault as defined in section
29-4309, domestic assault under section 28-323, or child abuse under section
28-707 shall not:
(a) Refer a bill for such services to a collection agency or an attorney for collection against the victim or the victim's guardian or family;
(b) Distribute information regarding such services and status of payment in any way that would affect the credit rating of the victim or the victim's guardian or family; or
(c) Take any other action adverse to the victim or the victim's guardian or family on account of providing such services.
(2) This section shall not be construed to prevent an entity described in
subsection (1) of this section from otherwise seeking payment for such services from the victim or any other source.
(3) If a collection agency or an attorney is referred a debt for a bill described in subsection (1) of this section, then upon notice of the applicability of this section, the collection agency or attorney shall return the debt to the referring health care provider, emergency medical services provider, laboratory, or pharmacy.
(4) No private cause of action shall exist under this section against a debt collector.
Sec. 6. Section 28-405, Revised Statutes Cumulative Supplement, 2022, is amended to read:
28-405 The following are the schedules of controlled substances referred to in the Uniform Controlled Substances Act, unless specifically contained on
the list of exempted products of the Drug Enforcement Administration of the United States Department of Justice as the list existed on January 31, 2022
2021:
Schedule I
(a) Any of the following opiates, including their isomers, esters, ethers,
salts, and salts of isomers, esters, and ethers, unless specifically excepted,
whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation:
(1) Acetylmethadol;
(2) Allylprodine;
(3) Alphacetylmethadol, except levo-alphacetylmethadol which is also known as levo-alpha-acetylmethadol, levomethadyl acetate, and LAAM;
(4) Alphameprodine;
(5) Alphamethadol;
(6) Benzethidine;
(7) Betacetylmethadol;
(8) Betameprodine;
(9) Betamethadol;
(10) Betaprodine;
(11) Clonitazene;
(12) Dextromoramide;
(13) Difenoxin;
(14) Diampromide;
(15) Diethylthiambutene;
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(16) Dimenoxadol;
(17) Dimepheptanol;
(18) Dimethylthiambutene;
(19) Dioxaphetyl butyrate;
(20) Dipipanone;
(21) Ethylmethylthiambutene;
(22) Etonitazene;
(23) Etoxeridine;
(24) Furethidine;
(25) Hydroxypethidine;
(26) Ketobemidone;
(27) Levomoramide;
(28) Levophenacylmorphan;
(29) Morpheridine;
(30) Noracymethadol;
(31) Norlevorphanol;
(32) Normethadone;
(33) Norpipanone;
(34) Phenadoxone;
(35) Phenampromide;
(36) Phenomorphan;
(37) Phenoperidine;
(38) Piritramide;
(39) Proheptazine;
(40) Properidine;
(41) Propiram;
(42) Racemoramide;
(43) Trimeperidine;
(44) Alpha-methylfentanyl, N-(1-(alpha-methyl-beta-phenyl)ethyl-4-
piperidyl) propionanilide, 1-(1-methyl-2-phenylethyl)-4-(N-propanilido)
piperidine;
(45) Tilidine;
(46) 3-Methylfentanyl, N-(3-methyl-1-(2-phenylethyl)-4-piperidyl)-N-
phenylpropanamide, its optical and geometric isomers, salts, and salts of
isomers;
(47) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP), its optical isomers,
salts, and salts of isomers;
(48) PEPAP, 1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine, its optical isomers, salts, and salts of isomers;
(49) Acetyl-alpha-methylfentanyl, N-(1-(1-methyl-2-phenethyl)-4-
piperidinyl)-N-phenylacetamide, its optical isomers, salts, and salts of
isomers;
(50) Alpha-methylthiofentanyl, N-(1-methyl-2-(2-thienyl)ethyl-4-
piperidinyl)-N-phenylpropanamide, its optical isomers, salts, and salts of
isomers;
(51) Benzylfentanyl, N-(1-benzyl-4-piperidyl)-N-phenylpropanamide, its optical isomers, salts, and salts of isomers;
(52) Beta-hydroxyfentanyl, N-(1-(2-hydroxy-2-phenethyl)-4-piperidinyl)-N-
phenylpropanamide, its optical isomers, salts, and salts of isomers;
(53) Beta-hydroxy-3-methylfentanyl, (other name: N-(1-(2-hydroxy-2-
phenethyl)-3-methyl-4-piperidinyl)-N-phenylpropanamide), its optical and geometric isomers, salts, and salts of isomers;
(54) 3-methylthiofentanyl, N-(3-methyl-1-(2-thienyl)ethyl-4-piperidinyl)-
N-phenylpropanamide, its optical and geometric isomers, salts, and salts of
isomers;
(55) N-(1-(2-thienyl)methyl-4-piperidyl)-N-phenylpropanamide
(thenylfentanyl), its optical isomers, salts, and salts of isomers;
(56) Thiofentanyl, N-phenyl-N-(1-(2-thienyl)ethyl-4-piperidinyl)-
propanamide, its optical isomers, salts, and salts of isomers;
(57) Para-fluorofentanyl, N-(4-fluorophenyl)-N-(1-(2-phenethyl)-4-
piperidinyl)propanamide, its optical isomers, salts, and salts of isomers;
(58) U-47700, 3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-
methylbenzamide;
(59) 4-Fluoroisobutyryl Fentanyl;
(60) Acetyl Fentanyl;
(61) Acyrloylfentanyl;
(62) AH-7921; 3, 4-dichloro-N-[(1-dimethylamino) cyclohexylmethyl]
benzamide;
(63) Butyryl fentanyl;
(64) Cyclopentyl fentanyl;
(65) Cyclopropyl fentanyl;
(66) Furanyl fentanyl;
(67) Isobutyryl fentanyl;
(68) Isotonitazene;
(69) Methoxyacetyl fentanyl;
(70) MT-45; 1-cyclohexyl-4-(1,2-diphenylethyl) piperazine;
(71) Tetrahydrofuranyl fentanyl;
(72) 2-fluorofentanyl; N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)
propionamide;
(73) Ocfentanil;
(74) Ortho-Fluorofentanyl;
(75) Para-chloroisobutyryl fentanyl;
(76) Para-Fluorobutyryl Fentanyl;
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(77) Valeryl fentanyl;
(78) Phenyl Fentanyl;
(79) Para-Methylfentanyl;
(80) Thiofuranyl Fentanyl;
(81) Beta-methyl Fentanyl;
(82) Beta'-Phenyl Fentanyl;
(83) Crotonyl Fentanyl;
(84) 2'-Fluoro Ortho-Fluorofentanyl;
(85) 4'-Methyl Acetyl Fentanyl;
(86) Ortho-Fluorobutyryl Fentanyl;
(87) Ortho-Methyl Acetylfentanyl;
(88) Ortho-Methyl Methoxyacetyl Fentanyl;
(89) Ortho-Fluoroacryl Fentanyl;
(90) Fentanyl Carbamate;
(91) Ortho-Fluoroisobutyryl Fentanyl;
(92) Para-Fluoro Furanyl Fentanyl;
(93) Para-Methoxybutyryl Fentanyl; and
(94) Brorphine (other name: 1-(1-(1-(4-bromophenyl) ethyl) piperidin-4-
yl-1,3-dihydro-2H-benzo[D]imidazole-2-one); and .
(95) Fentanyl-related substances, their isomers, esters, ethers, salts and salts of isomers, esters, and ethers. Unless specifically excepted, listed in
another schedule, or specifically named in this schedule, this includes any substance that is structurally related to fentanyl by one or more of the following modifications:
(A) Replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle;
(B) Substitution in or on the phenethyl group with alkyl, alkenyl,
alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups;
(C) Substitution in or on the piperidine ring with alkyl, alkenyl,
alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino, or nitro groups;
(D) Replacement of the aniline ring with any aromatic monocycle whether or
not further substituted in or on the aromatic monocycle; or
(E) Replacement of the N-propionyl group by another acyl group.
(b) Any of the following opium derivatives, their salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
(1) Acetorphine;
(2) Acetyldihydrocodeine;
(3) Benzylmorphine;
(4) Codeine methylbromide;
(5) Codeine-N-Oxide;
(6) Cyprenorphine;
(7) Desomorphine;
(8) Dihydromorphine;
(9) Drotebanol;
(10) Etorphine, except hydrochloride salt;
(11) Heroin;
(12) Hydromorphinol;
(13) Methyldesorphine;
(14) Methyldihydromorphine;
(15) Morphine methylbromide;
(16) Morphine methylsulfonate;
(17) Morphine-N-Oxide;
(18) Myrophine;
(19) Nicocodeine;
(20) Nicomorphine;
(21) Normorphine;
(22) Pholcodine; and
(23) Thebacon.
(c) Any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation, and, for purposes of this subdivision only, isomer shall include the optical, position, and geometric isomers:
(1) Bufotenine. Trade and other names shall include, but are not limited to: 3-(beta-Dimethylaminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)-5-
indolol; N,N-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine; and mappine;
(2) 4-bromo-2,5-dimethoxyamphetamine. Trade and other names shall include,
but are not limited to: 4-bromo-2,5-dimethoxy-alpha-methylphenethylamine; and
4-bromo-2,5-DMA;
(3) 4-methoxyamphetamine. Trade and other names shall include, but are not limited to: 4-methoxy-alpha-methylphenethylamine; and paramethoxyamphetamine,
PMA;
(4) 4-methyl-2,5-dimethoxyamphetamine. Trade and other names shall include, but are not limited to: 4-methyl-2,5-dimethoxy-alpha-
methylphenethylamine; DOM; and STP;
(5) Para-methoxymethamphetamine. Trade and other names shall include, but are not limited to: 1-(4-Methoxyphenyl)-N-methylpropan-2-amine, PMMA, and 4-
MMA;
(6) Ibogaine. Trade and other names shall include, but are not limited to:
7-Ethyl-6,6beta,7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-5H-pyrido
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(1',2':1,2) azepino (5,4-b) indole; and Tabernanthe iboga;
(7) Lysergic acid d