LB269 LB269
2023 2023
LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 269
Introduced by Halloran, 33.
Read first time January 10, 2023
Committee: Government, Military and Veterans Affairs
1 A BILL FOR AN ACT relating to government; to amend sections 2-3213,
2 2-3214, 16-404, and 17-614, Reissue Revised Statutes of Nebraska,
3 and sections 32-552, 32-553, 32-903, and 70-663, Revised Statutes
4 Cumulative Supplement, 2022; to eliminate obsolete provisions
5 relating to adjusting certain boundaries after the federal decennial
6 census and charter amendment procedures for certain public power
7 districts; to harmonize provisions; and to repeal the original
8 sections.
9 Be it enacted by the people of the State of Nebraska,
-1-
LB269 LB269
2023 2023
1 Section 1. Section 2-3213, Reissue Revised Statutes of Nebraska, is
2 amended to read:
3 2-3213 (1) Except as provided in subsections (2), (3), and (4) of
4 this section, each district shall be governed by a board of directors of
5 five, seven, nine, eleven, thirteen, fifteen, seventeen, nineteen, or
6 twenty-one members. The board of directors shall determine the number of
7 directors and in making such determination shall consider the complexity
8 of the foreseeable programs and the population and land area of the
9 district. Districts shall be political subdivisions of the state, shall
10 have perpetual succession, and may sue and be sued in the name of the
11 district.
12 (2) At Except as provided by subsection (7) of this section, at
13 least six months prior to the primary election, the board of directors of
14 any natural resources district may change the number of directors for the
15 district and may change subdistrict boundaries to accommodate the
16 increase or decrease in the number of directors.
17 (3) The board of directors shall utilize the criteria found in
18 subsection (1) of this section and in subsection (2) of section 2-3214
19 when changing the number of directors. Except as provided in subsection
20 (6) of this section, no director's term of office shall be shortened as a
21 result of any change in the number of directors. Any reduction in the
22 number of directors shall be made as directors take office during the two
23 succeeding elections or more quickly if the reduction can be made by not
24 filling vacancies on the board and if desired by the board. If necessary
25 to preserve staggered terms for directors when the reduction in number is
26 made in whole or in part through unfilled vacancies, the board may
27 provide for a one-time election of one or more directors for a two-year
28 term. The board of directors shall inform the Secretary of State whenever
29 any such one-time elections have been approved. Notwithstanding
30 subsection (1) of this section, the district may be governed by an even
31 number of directors during the two-year transition to a board of reduced
-2-
LB269 LB269
2023 2023
1 number.
2 (4) Whenever any change of boundaries, division, or merger results
3 in a natural resources district director residing in a district other
4 than the one to which such director was elected to serve, such director
5 shall automatically become a director of the board of the district in
6 which he or she then resides. Except as provided in subsection (6) of
7 this section, all such directors shall continue to serve in office until
8 the expiration of the term of office for which they were elected.
9 Directors or supervisors of other special-purpose districts merged into a
10 natural resources district shall not become members of the natural
11 resources district board but may be appointed as advisors in accordance
12 with section 2-3228. No later than six months after any change, division,
13 or merger, each affected board, in accordance with the procedures and
14 criteria found in this section and section 2-3214, shall determine the
15 number of directors for the district as it then exists, the option chosen
16 for nomination and election of directors, and, if appropriate, new
17 subdistrict boundaries.
18 (5) To facilitate the task of administration of any board increased
19 in size by a change of boundaries or merger, such board may appoint an
20 executive committee to conduct the business of the board in the interim
21 until board size reductions can be made in accordance with this section.
22 An executive committee shall be empowered to act for the full board in
23 all matters within its purview unless specifically limited by the board
24 in the establishment and appointment of the executive committee.
25 (6) Notwithstanding the provisions of section 2-3214 and subsections
26 (4) and (5) of this section, the board of directors of any natural
27 resources district established by merging two or more districts in their
28 entirety may provide that all directors be nominated and elected at the
29 first primary and general elections following the year in which such
30 merger becomes effective. In districts which have one director elected
31 from each subdistrict, each director elected from an even-numbered
-3-
LB269 LB269
2023 2023
1 subdistrict shall be elected for a two-year term and each director from
2 an odd-numbered district and any member to be elected at large shall be
3 elected for a four-year term. In districts which have two directors
4 elected from each subdistrict, the four candidates receiving the highest
5 number of votes at the primary election shall be carried over to the
6 general election, and at such general election the candidate receiving
7 the highest number of votes shall be elected for a four-year term and the
8 candidate receiving the second highest number of votes shall be elected
9 for a two-year term. Thereafter each director shall be elected for a
10 four-year term.
11 (7) Following the release of the 2020 Census of Population data by
12 the United States Department of Commerce, Bureau of the Census, as
13 required by Public Law 94-171, any natural resources district that will
14 have a change to the number of directors as a result of any adjustment to
15 the boundaries of election districts shall provide to the election
16 commissioner or county clerk (a) written notice of the need and necessity
17 of his or her office to perform such adjustments and (b) a revised
18 election district boundary map that has been approved by the board of
19 directors and subjected to all public review and challenge ordinances of
20 the natural resources district by December 30, 2021.
21 Sec. 2. Section 2-3214, Reissue Revised Statutes of Nebraska, is
22 amended to read:
23 2-3214 (1) District directors shall be elected as provided in
24 section 32-513. Elections shall be conducted as provided in the Election
25 Act. Registered voters residing within the district shall be eligible for
26 nomination as candidates for any at-large position or, in those districts
27 that have established subdistricts, as candidates from the subdistrict
28 within which they reside.
29 (2) The board of directors may choose to: (a) Nominate candidates
30 from subdistricts and from the district at large who shall be elected by
31 the registered voters of the entire district; (b) nominate and elect each
-4-
LB269 LB269
2023 2023
1 candidate from the district at large; or (c) nominate and elect
2 candidates from subdistricts of substantially equal population except
3 that any at-large candidate would be nominated and elected by the
4 registered voters of the entire district. Unless the board of directors
5 determines that the nomination and election of all directors will be at
6 large, the board shall strive to divide the district into subdistricts of
7 substantially equal population, except that no subdistrict shall have a
8 population greater than three times the population of any other
9 subdistrict within the district. Such subdistricts shall be consecutively
10 numbered and shall be established with due regard to all factors
11 including, but not limited to, the location of works of improvement and
12 the distribution of population and taxable values within the district.
13 The Except as provided by subsection (7) of this section, the boundaries
14 and numbering of such subdistricts shall be designated at least six
15 months prior to the primary election. Unless the district has been
16 divided into subdistricts with substantially equal population, all
17 directors shall be elected by the registered voters of the entire
18 district and all registered voters shall vote on the candidates
19 representing each subdistrict and any at-large candidates. If a district
20 has been divided into subdistricts with substantially equal population,
21 the board of directors may determine that directors shall be elected only
22 by the registered voters of the subdistrict except that an at-large
23 director may be elected by registered voters of the entire district.
24 (3) Except in districts which have chosen to have a single director
25 serve from each subdistrict, the number of subdistricts for a district
26 shall equal a number which is one less than a majority of directors for
27 the district. In districts which have chosen to have a single director
28 serve from each subdistrict, the number of subdistricts shall equal a
29 number which is equal to the total number of directors of the district or
30 which is one less than the total number of directors for the district if
31 there is an at-large candidate. If the number of directors to be elected
-5-
LB269 LB269
2023 2023
1 exceeds the number of subdistricts or if the term of the at-large
2 director expires in districts which have chosen to have a single director
3 serve from each subdistrict, candidates may file as a candidate from the
4 district at large. Registered voters may each cast a number of votes not
5 larger than the total number of directors to be elected.
6 (4) Elected directors shall take their oath of office in the same
7 manner provided for county officials.
8 (5) At least six months prior to the primary election, the board of
9 directors may choose to have a single director serve from each
10 subdistrict.
11 (6) The board of directors shall certify to the Secretary of State
12 and the election commissioners or county clerks the number of directors
13 to be elected at each election and the length of their terms as provided
14 in section 32-404.
15 (7) Following the release of the 2020 Census of Population data by
16 the United States Department of Commerce, Bureau of the Census, as
17 required by Public Law 94-171, any board of directors requesting the
18 adjustment of the boundaries of election districts shall provide to the
19 election commissioner or county clerk (a) written notice of the need and
20 necessity of his or her office to perform such adjustments and (b) a
21 revised election district boundary map that has been approved by the
22 board and subjected to all public review and challenge ordinances of the
23 natural resources district by December 30, 2021.
24 Sec. 3. Section 16-404, Reissue Revised Statutes of Nebraska, is
25 amended to read:
26 16-404 (1) All ordinances and resolutions or orders for the
27 appropriation or payment of money in a city of the first class shall
28 require for their passage or adoption the concurrence of a majority of
29 all members elected to the city council. The mayor may vote on any such
30 matter when his or her vote will provide the additional vote required to
31 create a number of votes equal to a majority of the number of members
-6-
LB269 LB269
2023 2023
1 elected to the city council, and the mayor shall, for the purpose of such
2 vote, be deemed to be a member of the city council.
3 (2)(a) Ordinances of a general or permanent nature in a city of the
4 first class shall be read by title on three different days unless three-
5 fourths of the city council members vote to suspend this requirement,
6 except that in a city having a commission plan of government such
7 requirement may be suspended by a three-fifths majority vote.
8 (b) Regardless of the form of government, such requirement shall not
9 be suspended (i) for any ordinance for the annexation of territory or the
10 redrawing of boundaries for city council election districts or wards
11 except as otherwise provided in subsection (4) of this section or (ii) as
12 otherwise provided by law.
13 (c) In case such requirement is suspended, the ordinances shall be
14 read by title or number and then moved for final passage.
15 (d) Three-fourths of the city council members may require a reading
16 of any such ordinance in full before enactment under either procedure set
17 out in this section, except that in a city having a commission plan of
18 government, such reading may be required by a three-fifths majority vote.
19 (3) Ordinances in a city of the first class shall contain no subject
20 which is not clearly expressed in the title, and, except as provided in
21 section 19-915, no ordinance or section thereof shall be revised or
22 amended unless the new ordinance contains the entire ordinance or section
23 as revised or amended and the ordinance or section so amended is
24 repealed, except that:
25 (a) For an ordinance revising all the ordinances of a city of the
26 first class, the only title necessary shall be An ordinance of the city
27 of .........., revising all the ordinances of the city. Under such title
28 all the ordinances may be revised in sections and chapters or otherwise,
29 may be corrected, added to, and any part suppressed, and may be repealed
30 with or without a saving clause as to the whole or any part without other
31 title; and
-7-
LB269 LB269
2023 2023
1 (b) For an ordinance used solely to revise ordinances or code
2 sections or to enact new ordinances or code sections in order to adopt
3 statutory changes made by the Legislature which are specific and
4 mandatory and bring the ordinances or code sections into conformance with
5 state law, the title need only state that the ordinance revises those
6 ordinances or code sections affected by or enacts ordinances or code
7 sections generated by legislative changes. Under such title, all such
8 ordinances or code sections may be revised, repealed, or enacted in
9 sections and chapters or otherwise by a single ordinance without other
10 title.
11 (4) Following the release of the 2020 Census of Population data by
12 the United States Department of Commerce, Bureau of the Census, as
13 required by Public Law 94-171, the city council of any city of the first
14 class requesting the adjustment of the boundaries of election districts
15 shall provide to the election commissioner or county clerk (a) written
16 notice of the need and necessity of his or her office to perform such
17 adjustments and (b) a revised election district boundary map that has
18 been approved by the requesting city council and subjected to all public
19 review and challenge ordinances of the city by December 30, 2021