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LEGISLATIVE BILL 287
Approved by the Governor April 16, 2024
Introduced by Brewer, 43; Linehan, 39.
A BILL FOR AN ACT relating to law; to amend sections 2-3213, 2-3214, 16-202,
18-2518, 25-1274, 32-233, 32-564, 32-565, 32-569, 32-613, 32-617, 32-630,
32-632, 32-713, 32-1205, 32-1301, 32-1304, 32-1308, 32-1546, 49-1499.03,
58-230, 58-817, 60-483, 60-484.02, 84-217, and 85-1514, Reissue Revised Statutes of Nebraska, sections 31-727.02, 32-304, 32-320.01, 32-330,
32-404, 32-405, 32-552, 32-553, 32-570, 32-606, 32-607, 32-608, 32-615,
32-716, 32-802, 32-808.01, 32-903, 32-947, 32-950.01, 32-1203, 32-1303,
32-1305, 32-1306, 32-1405, 32-1407, 32-1524, 32-1525, 70-663, 79-1218, and
84-1411, Revised Statutes Cumulative Supplement, 2022, and sections
32-101, 32-103, 32-123, 32-202.01, 32-308, 32-318.01, 32-912.01,
32-912.02, 32-915.03, 32-941, 32-942, 32-1002.01, 32-1027, and 60-4,115,
Revised Statutes Supplement, 2023; to eliminate obsolete provisions relating to adjusting certain boundaries after the federal decennial census and charter amendment procedures for certain public power districts; to change provisions relating to remonstrance petitions in the sale and conveyance of real estate owned by a city of the first class; to change provisions relating to the Election Act; to provide and change penalty provisions; to change provisions relating to conflicts of interest by certain officeholders and public employees; to change provisions relating to state identification cards; to change proof of publication requirements for legal notices and requirements for published notice and virtual conferencing under the Open Meetings Act; to eliminate provisions relating to opinions of the Attorney General regarding the unconstitutionality of legislative bills; to harmonize provisions; to provide operative dates; to repeal the original sections; to outright repeal section 84-215, Reissue Revised Statutes of Nebraska; and to
declare an emergency.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 2-3213, Reissue Revised Statutes of Nebraska, is amended to read:
2-3213 (1) Except as provided in subsections (2), (3), and (4) of this section, each district shall be governed by a board of directors of five,
seven, nine, eleven, thirteen, fifteen, seventeen, nineteen, or twenty-one members. The board of directors shall determine the number of directors and in
making such determination shall consider the complexity of the foreseeable programs and the population and land area of the district. Districts shall be
political subdivisions of the state, shall have perpetual succession, and may sue and be sued in the name of the district.
(2) At Except as provided by subsection (7) of this section, at least six months prior to the primary election, the board of directors of any natural resources district may change the number of directors for the district and may change subdistrict boundaries to accommodate the increase or decrease in the number of directors.
(3) The board of directors shall utilize the criteria found in subsection
(1) of this section and in subsection (2) of section 2-3214 when changing the number of directors. Except as provided in subsection (6) of this section, no director's term of office shall be shortened as a result of any change in the number of directors. Any reduction in the number of directors shall be made as
directors take office during the two succeeding elections or more quickly if
the reduction can be made by not filling vacancies on the board and if desired by the board. If necessary to preserve staggered terms for directors when the reduction in number is made in whole or in part through unfilled vacancies, the board may provide for a one-time election of one or more directors for a two-
year term. The board of directors shall inform the Secretary of State whenever any such one-time elections have been approved. Notwithstanding subsection (1)
of this section, the district may be governed by an even number of directors during the two-year transition to a board of reduced number.
(4) Whenever any change of boundaries, division, or merger results in a natural resources district director residing in a district other than the one to which such director was elected to serve, such director shall automatically become a director of the board of the district in which he or she then resides.
Except as provided in subsection (6) of this section, all such directors shall continue to serve in office until the expiration of the term of office for which they were elected. Directors or supervisors of other special-purpose districts merged into a natural resources district shall not become members of
the natural resources district board but may be appointed as advisors in
accordance with section 2-3228. No later than six months after any change,
division, or merger, each affected board, in accordance with the procedures and criteria found in this section and section 2-3214, shall determine the number of directors for the district as it then exists, the option chosen for nomination and election of directors, and, if appropriate, new subdistrict boundaries.
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(5) To facilitate the task of administration of any board increased in
size by a change of boundaries or merger, such board may appoint an executive committee to conduct the business of the board in the interim until board size reductions can be made in accordance with this section. An executive committee shall be empowered to act for the full board in all matters within its purview unless specifically limited by the board in the establishment and appointment of the executive committee.
(6) Notwithstanding the provisions of section 2-3214 and subsections (4)
and (5) of this section, the board of directors of any natural resources district established by merging two or more districts in their entirety may provide that all directors be nominated and elected at the first primary and general elections following the year in which such merger becomes effective. In districts which have one director elected from each subdistrict, each director elected from an even-numbered subdistrict shall be elected for a two-year term and each director from an odd-numbered district and any member to be elected at
large shall be elected for a four-year term. In districts which have two directors elected from each subdistrict, the four candidates receiving the highest number of votes at the primary election shall be carried over to the general election, and at such general election the candidate receiving the highest number of votes shall be elected for a four-year term and the candidate receiving the second highest number of votes shall be elected for a two-year term. Thereafter each director shall be elected for a four-year term.
(7) Following the release of the 2020 Census of Population data by the United States Department of Commerce, Bureau of the Census, as required by
Public Law 94-171, any natural resources district that will have a change to
the number of directors as a result of any adjustment to the boundaries of
election districts shall provide to the election commissioner or county clerk
(a) written notice of the need and necessity of his or her office to perform such adjustments and (b) a revised election district boundary map that has been approved by the board of directors and subjected to all public review and challenge ordinances of the natural resources district by December 30, 2021.
Sec. 2. Section 2-3214, Reissue Revised Statutes of Nebraska, is amended to read:
2-3214 (1) District directors shall be elected as provided in section
32-513. Elections shall be conducted as provided in the Election Act.
Registered voters residing within the district shall be eligible for nomination as candidates for any at-large position or, in those districts that have established subdistricts, as candidates from the subdistrict within which they reside.
(2) The board of directors may choose to: (a) Nominate candidates from subdistricts and from the district at large who shall be elected by the registered voters of the entire district; (b) nominate and elect each candidate from the district at large; or (c) nominate and elect candidates from subdistricts of substantially equal population except that any at-large candidate would be nominated and elected by the registered voters of the entire district. Unless the board of directors determines that the nomination and election of all directors will be at large, the board shall strive to divide the district into subdistricts of substantially equal population, except that no subdistrict shall have a population greater than three times the population of any other subdistrict within the district. Such subdistricts shall be
consecutively numbered and shall be established with due regard to all factors including, but not limited to, the location of works of improvement and the distribution of population and taxable values within the district. The Except as provided by subsection (7) of this section, the boundaries and numbering of
such subdistricts shall be designated at least six months prior to the primary election. Unless the district has been divided into subdistricts with substantially equal population, all directors shall be elected by the registered voters of the entire district and all registered voters shall vote on the candidates representing each subdistrict and any at-large candidates. If
a district has been divided into subdistricts with substantially equal population, the board of directors may determine that directors shall be
elected only by the registered voters of the subdistrict except that an at-
large director may be elected by registered voters of the entire district.
(3) Except in districts which have chosen to have a single director serve from each subdistrict, the number of subdistricts for a district shall equal a number which is one less than a majority of directors for the district. In districts which have chosen to have a single director serve from each subdistrict, the number of subdistricts shall equal a number which is equal to
the total number of directors of the district or which is one less than the total number of directors for the district if there is an at-large candidate.
If the number of directors to be elected exceeds the number of subdistricts or
if the term of the at-large director expires in districts which have chosen to
have a single director serve from each subdistrict, candidates may file as a candidate from the district at large. Registered voters may each cast a number of votes not larger than the total number of directors to be elected.
(4) Elected directors shall take their oath of office in the same manner provided for county officials.
(5) At least six months prior to the primary election, the board of
directors may choose to have a single director serve from each subdistrict.
(6) The board of directors shall certify to the Secretary of State and the election commissioners or county clerks the number of directors to be elected at each election and the length of their terms as provided in section 32-404.
(7) Following the release of the 2020 Census of Population data by the
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United States Department of Commerce, Bureau of the Census, as required by
Public Law 94-171, any board of directors requesting the adjustment of the boundaries of election districts shall provide to the election commissioner or
county clerk (a) written notice of the need and necessity of his or her office to perform such adjustments and (b) a revised election district boundary map that has been approved by the board and subjected to all public review and challenge ordinances of the natural resources district by December 30, 2021.
Sec. 3. Section 16-202, Reissue Revised Statutes of Nebraska, is amended to read:
16-202 (1) Except as otherwise provided in subsection (4) of this section,
the power to sell and convey any real estate owned by a city of the first class, including park land, shall be exercised by ordinance directing the conveyance of such real estate and the manner and terms thereof. Notice of such sale and the terms thereof shall be published for three consecutive weeks in a legal newspaper in or of general circulation in such city immediately after the passage and publication of such ordinance.
(2) If within thirty days after the passage and publication of such ordinance a remonstrance petition against such sale, that conforms to section
32-628, is signed by registered voters of the city equal in number to thirty percent of the registered voters of the city voting at the last regular city election held therein and is filed with the city council, the property shall not then, nor within one year thereafter, be sold. If the date for filing the petition falls upon a Saturday, Sunday, or legal holiday, the signatures shall be collected within the thirty-day period, but the filing shall be considered timely if filed or postmarked on or before the next business day. Upon the receipt of the petition, the city council, with the aid and assistance of the election commissioner or county clerk, shall determine the validity and sufficiency of signatures on the petition. The city council shall deliver the petition to the election commissioner or county clerk by hand carrier, by use of law enforcement officials, or by certified mail, return receipt requested.
Upon receipt of the petition, the election commissioner or county clerk shall issue to the city council a written receipt that the petition is in the custody of the election commissioner or county clerk. The election commissioner or
county clerk shall compare the signature of each person signing the petition with the voter registration records to determine if each signer was a registered voter on or before the date on which the petition was filed with the city council. The election commissioner or county clerk shall also compare the signer's printed name, street and number or voting precinct, and city, village,
or post office address with the voter registration records to determine whether the signer was a registered voter. The signature and address shall be presumed to be valid only if the election commissioner or county clerk determines that the printed name, street and number or voting precinct, and city, village, or post office address matches the registration records and that the registration was received on or before the date on which the petition was filed with the city council. The determinations of the election commissioner or county clerk may be rebutted by any credible evidence which the city council finds sufficient. The express purpose of the comparison of names and addresses with the voter registration records, in addition to helping to determine the validity of the petition, the sufficiency of the petition, and the qualifications of the signer, shall be to prevent fraud, deception, and misrepresentation in the petition process. Upon completion of the comparison of
names and addresses with the voter registration records, the election commissioner or county clerk shall prepare in writing a certification under seal setting forth the name and address of each signer found not to be a registered voter and the signature page number and line number where the name is found, and if the reason for the invalidity of the signature or address is
other than the nonregistration of the signer, the election commissioner or
county clerk shall set forth the reason for the invalidity of the signature. If the election commissioner or county clerk determines that a signer has affixed his or her signature more than once to the petition and that only one person is
registered by that name, the election commissioner or county clerk shall prepare in writing a certification under seal setting forth the name of the duplicate signature and shall count only the earliest dated signature. The election commissioner or county clerk shall certify to the city council the number of valid signatures necessary to constitute a valid petition. The election commissioner or county clerk shall deliver the petition and the certifications to the city council within forty days after the receipt of the petition from the city council. The delivery shall be by hand carrier, by use of law enforcement officials, or by certified mail, return receipt requested.
Not more than twenty signatures on one signature page shall be counted.
(3) The city council shall, within thirty days after the receipt of the petition and certifications from the election commissioner or county clerk,
hold a public hearing to review the petition and certifications and receive testimony regarding them. The city council shall, following the hearing, vote on whether or not the petition is valid and shall uphold the petition if
sufficient valid signatures have been received.
(4) This section does not apply to (a) real estate used in the operation of public utilities, (b) real estate for state armory sites for the use of the State of Nebraska as expressly provided in section 16-201, or (c) real estate for state veterans' cemetery sites for the use of the State of Nebraska as
expressly provided in section 12-1301.
Sec. 4. Section 18-2518, Reissue Revised Statutes of Nebraska, is amended to read:
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18-2518 (1) Each signed petition Signed petitions shall be filed with the city clerk for signature verification. The city clerk shall immediately notify the county clerk or election commissioner of the signed petition. Upon the filing of a petition, a municipality, upon passage of a resolution by the governing body of such municipality, and the county clerk or election commissioner of the county in which such municipality is located may by mutual agreement provide that the county clerk or election commissioner shall ascertain whether the petition is signed by the requisite number of voters. The municipality shall reimburse the county for any costs incurred by the county clerk or election commissioner. When the verifying official has determined that one hundred percent of the necessary signatures required by the Municipal Initiative and Referendum Act have been obtained, he or she shall notify the governing body of the municipality of that fact and shall immediately forward to the governing body a copy of the petition.
(2) In order for an initiative or referendum proposal to be submitted t