13-903 Terms, defined. - Nebraska Statutes

13-903. Terms, defined.For purposes of the Political Subdivisions Tort Claims Actand sections 16-727, 16-728, 23-175, 39-809, and 79-610, unless the contextotherwise requires:(1) Political subdivision shall include villages, cities ofall classes, counties, school districts, learningcommunities, public power districts, and all other units of localgovernment, including entities created pursuant to the Interlocal CooperationAct or Joint Public Agency Act. Political subdivision shall not be construedto include any contractor with a political subdivision;(2) Governing body shall mean the village board of a village,the city council of a city, the board of commissioners or board of supervisorsof a county, the board of directors of a public power district, the governingboard or other governing body of an entity created pursuant to the InterlocalCooperation Act or Joint Public Agency Act, and any duly elected or appointedbody holding the power and authority to determine the appropriations and expendituresof any other unit of local government;(3) Employee of a political subdivision shall mean any oneor more officers or employees of the political subdivision or any agency ofthe subdivision and shall include members of the governing body, duly appointedmembers of boards or commissions when they are acting in their official capacity,volunteer firefighters, and volunteer rescue squad personnel. Employee shallnot be construed to include any contractor with a political subdivision; and(4) Tort claim shall mean any claim against a political subdivisionfor money only on account of damage to or loss of property or on account ofpersonal injury or death, caused by the negligent or wrongful act or omissionof any employee of the political subdivision, while acting within the scopeof his or her office or employment, under circumstances in which the politicalsubdivision, if a private person, would be liable to the claimant for suchdamage, loss, injury, or death but shall not include any claim accruing beforeJanuary 1, 1970. SourceLaws 1969, c. 138, § 2, p. 628; Laws 1987, LB 258, § 4; R.S.Supp.,1987, § 23-2402; Laws 1991, LB 81, § 2; Laws 1996, LB 900, § 1019; Laws 1999, LB 87, § 55; Laws 2009, LB392, § 3. Cross ReferencesInterlocal Cooperation Act, see section 13-801.Joint Public Agency Act, see section 13-2501. AnnotationsVolunteer firefighters employed by a nonprofit corporation are employees of a political subdivision under subsection (3) of this section. Hatcher v. Bellevue Vol. Fire Dept., 262 Neb. 23, 628 N.W.2d 685 (2001).The definition of "governing body" under the Political Subdivisions Tort Claims Act does not include an insurance carrier for the political subdivision. Davis v. Town of Clatonia, 231 Neb. 814, 438 N.W.2d 479 (1989).A contract action does not involve a tort claim, as defined in this section, and thus is not subject to the provisions of the Political Subdivisions Tort Claims Act. Employers Reins. Corp. v. Santee Pub. Sch. Dist. No. C-5, 231 Neb. 744, 438 N.W.2d 124 (1989).The Political Subdivisions Tort Claims Act eliminates the need for the doctrine by which a claimant is required to prove that the negligent act was committed by the municipal employee in furtherance of a private duty owed to the claimant. Maple v. City of Omaha, 222 Neb. 293, 384 N.W.2d 254 (1986).The liability of a political subdivision under the Political Subdivisions Tort Claims Act is not absolute, but rather such liability as would exist in a private person without such immunity. Koepf v. County of York, 198 Neb. 67, 251 N.W.2d 866 (1977).