§ 25-21,193.Not-for-profit organization; sections, how construed.
Article 21: Special Proceedings and Actions · Last amended 1987 · Last verified July 22, 2026
Full Text of § 25-21,193
Source
Laws 1987, LB 67, § 4.
Plain-English Summary
Section 25-21,193 closes out Nebraska’s not-for-profit immunity statutes with an instruction on how to read them. The sections that come before it — 25-21,190 through 25-21,192 — define who counts as a not-for-profit organization and shield an uncompensated director, officer, or trustee from civil liability for acts or omissions within the scope of that role. This section tells courts not to stretch that shield any further than its own text: nothing in sections 25-21,190 to 25-21,193 establishes a new duty, reduces an existing one, or wipes one out for a nonprofit director, officer, or trustee.
The one exception runs through section 25-21,191 itself, which already limits the immunity it grants — it does not cover conduct behind the wheel of a vehicle, airplane, or boat, or conduct while impaired by alcohol or a controlled substance. Read together, the immunity sections narrow a director’s exposure to lawsuits without touching the underlying duties that person owes the organization, its members, or outside parties. A plaintiff cannot use section 25-21,193 to argue that immunity has expanded some duty; a defendant cannot use it to argue that immunity has erased one.
Frequently Asked Questions
Does section 25-21,193 create any new duty for a nonprofit director?
No. It states that sections 25-21,190 to 25-21,193 do not establish, diminish, or abrogate any duty a director, officer, or trustee owes to any person or organization.
Does this section grant the immunity itself?
No. The immunity for an uncompensated director, officer, or trustee comes from section 25-21,191. Section 25-21,193 only governs how the whole group of sections is construed.
What is the exception mentioned in this section?
It refers to section 25-21,191, which already limits its own grant of immunity — for instance, immunity does not cover injury caused while operating a vehicle, airplane, or boat, or while impaired by alcohol or a controlled substance.
Can a nonprofit director point to the immunity statute to escape a duty owed to the organization itself?
No. Section 25-21,193 preserves whatever duties already exist; the immunity sections narrow liability for damages, not the underlying duty of care or loyalty.
Which sections does this savings clause cover?
Sections 25-21,190 through 25-21,193 — the definition of a not-for-profit organization, the immunity grant, and the limits on that immunity.
Why would the Legislature add a clause like this instead of relying only on the immunity language?
It heads off arguments that a narrow liability shield should be read as also rewriting the substantive duties directors, officers, and trustees owe, keeping the immunity limited to what its own text says.