reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2506 - Measure, defined.

18-2506.
Measure, defined.
Measure means an ordinance, charter provision, or resolution which is within the legislative authority of the governing body of a municipality to pass and which is not excluded from the operation of referendum by the exceptions in section 18-2528. Measure does not include any action permitted by the Nebraska Advantage Transformational Tourism and Redevelopment Act.
Source
Laws 1982, LB 807, § 6;
Laws 1984, LB 1010, § 2;
Laws 2010, LB1018, § 36;
Laws 2021, LB163, § 169.
Cross References
Nebraska Advantage Transformational Tourism and Redevelopment Act, see section 77-1001.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2507 - Municipality, defined.

18-2507.
Municipality, defined.
Municipality means all cities and villages, not operating under home rule charters, including those functioning under the commission and city manager plans of government.
Source
Laws 1982, LB 807, § 7;
Laws 2019, LB193, § 9;
Laws 2021, LB163, § 170.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2508.01 - Place of residence, defined.

18-2508.01.
Place of residence, defined.
Place of residence shall mean the street and number of the residence. If there is no street and number for the residence, place of residence shall mean the mailing address.
Source
Laws 1984, LB 1010, § 3.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2509 - Prospective petition, defined.

18-2509.
Prospective petition, defined.
Prospective petition shall mean a sample document containing the information necessary for a completed petition, including a sample signature sheet, which has not yet been authorized for circulation.
Source
Laws 1982, LB 807, § 9.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2510 - Qualified electors, defined.

18-2510.
Qualified electors, defined.
Qualified electors shall mean all persons registered to vote, at the time the prospective petition is filed, in the jurisdiction governed or to be governed by any measure sought to be enacted by initiative, or altered or repealed by referendum.
Source
Laws 1982, LB 807, § 10.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2510.01 - Residence, defined.

18-2510.01.
Residence, defined.
Residence shall mean that place at which a person has established his or her home, where he or she is habitually present, and to which, when he or she departs, he or she intends to return.
Source
Laws 1984, LB 1010, § 4.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2512 - Prospective petition; filing; city clerk; duties; revision; procedure; verification; effect.

18-2512.
Prospective petition; filing; city clerk; duties; revision; procedure; verification; effect.
Before circulating an initiative or referendum petition, the petitioner shall file with the city clerk a prospective petition. The city clerk shall date the prospective petition immediately upon its receipt. The city clerk shall verify that the prospective petition is in proper form and shall provide a ballot title for the initiative or referendum proposal, pursuant to section 18-2513. If the prospective petition is in proper form, the city clerk shall authorize the circulation of the petition and such authorization shall be given within three working days from the date the prospective petition was filed. If the form of the prospective petition is incorrect, the city clerk shall, within three working days from the date the prospective petition was filed, inform the petitioner of necessary changes and request that those changes be made. When the requested changes have been made and the revised prospective petition has been submitted to the city clerk in proper form, the city clerk shall authorize the circulation of the petition and such authorization shall be given within two working days from the receipt of the properly revised petition. Verification by the city clerk that the prospective petition is in proper form does not constitute an admission by the city clerk, governing body, or municipality that the measure is subject to referendum or limited referendum or that the measure may be enacted by initiative.
Source
Laws 1982, LB 807, § 12;
Laws 1984, LB 1010, § 5.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2513 - Ballot title; contents; ballots; form.

18-2513.
Ballot title; contents; ballots; form.
(1) The ballot title of any measure to be initiated or referred shall consist of:
(a) A briefly worded caption by which the measure is commonly known or which accurately summarizes the measure;
(b) A briefly worded question which plainly states the purpose of the measure and is phrased so that an affirmative response to the question corresponds to an affirmative vote on the measure; and
(c) A concise and impartial statement, of not more than seventy-five words, of the chief purpose of the measure.
(2) The ballots used when voting on an initiative or referendum proposal shall contain the entire ballot title. Proposals for initiative and referendum shall be submitted on separate ballots and the ballots shall be printed in lowercase ten-point type, except that the caption shall be in boldface type. All initiative and referendum measures shall be submitted in a nonpartisan manner without indicating or suggesting on the ballot that they have or have not been approved or endorsed by any political party or organization.
Source
Laws 1982, LB 807, § 13;
Laws 1984, LB 1010, § 6.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2514 - Petitions; form; Secretary of State; duties; copies.

18-2514.
Petitions; form; Secretary of State; duties; copies.
The Secretary of State shall design the form to be used for initiative and referendum petitions. The petitions shall conform to section 32-628. These forms shall be made available to the public by the city clerk, and they shall serve as a guide for individuals preparing prospective petitions. Substantial compliance with initiative and referendum forms is required before authorization to circulate such petition shall be granted by the city clerk pursuant to section 18-2512. Chief petitioners or circulators preparing prospective petitions shall be responsible for making copies of the petition for circulation after authorization for circulation has been granted.
Source
Laws 1982, LB 807, § 14;
Laws 1984, LB 1010, § 7;
Laws 1994, LB 76, § 499.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2515 - Petition; contents.

18-2515.
Petition; contents.
(1) Each petition presented for signature must be identical to the petition authorized for circulation by the city clerk pursuant to section 18-2512.
(2) Every petition shall contain the name and place of residence of not more than three persons as chief petitioners or sponsors of the measure.
(3) Every petition shall contain the caption and the statement specified in subdivisions (1)(a) and (1)(c) of section 18-2513.
(4) When a special election is being requested, such fact shall be stated on every petition.
Source
Laws 1982, LB 807, § 15;
Laws 1984, LB 1010, § 9;
Laws 2003, LB 444, § 1;
Laws 2019, LB411, § 21.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2516 - Signature sheet; requirements.

18-2516.
Signature sheet; requirements.
Every signature sheet shall:
(1) Contain the caption required in subdivision (1)(a) of section 18-2513;
(2) Be part of a complete and authorized petition when presented to potential signatories; and
(3) Comply with the requirements of section 32-628.
Source
Laws 1982, LB 807, § 16;
Laws 1984, LB 1010, § 10;
Laws 1994, LB 76, § 500.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2517 - Petition; signers and circulators; requirements.

18-2517.
Petition; signers and circulators; requirements.
Signers and circulators shall comply with sections 32-629 and 32-630.
Source
Laws 1982, LB 807, § 17;
Laws 1984, LB 1010, § 11;
Laws 1994, LB 76, § 501.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2518 - Petition; filed; signature verification; costs; time limitation.

18-2518.
Petition; filed; signature verification; costs; time limitation.
(1) Signed petitions shall be filed with the city clerk for signature verification. 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 to the governing body and the voters, the necessary signatures shall be on file with the city clerk within six months from the date the prospective petition was authorized for circulation. If the necessary signatures are not obtained by such date, the petition shall be void.
Source
Laws 1982, LB 807, § 18;
Laws 2021, LB163, § 171.
Annotations
Under section 18-2538, if a municipality does not bring an action for declaratory judgment to determine whether a measure is subject to limited referendum or referendum or whether a measure may be enacted by initiative until after it receives notification pursuant to this section, it shall be required to proceed with the initiative or referendum election. Sydow v. City of Grand Island, 263 Neb. 389, 639 N.W.2d 913 (2002).
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2519 - Measure; resubmission; limitation.

18-2519.
Measure; resubmission; limitation.
The same measure, either in form or in essential substance, may not be submitted to the people by initiative petition, either affirmatively or negatively, more often than once every two years. No attempt to repeal or alter an existing measure or portion of such measure by referendum petition may be made within two years from the last attempt to do the same. Such prohibition shall apply only when the subsequent attempt to repeal or alter is designed to accomplish the same, or essentially the same purpose as the previous attempt.
Source
Laws 1982, LB 807, § 19.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2520 - Measure submitted to voters by municipality; procedure; approval.

18-2520.
Measure submitted to voters by municipality; procedure; approval.
(1) Except as provided in subsection (2) of this section, the chief executive officer and governing body of a municipality may at any time, by resolution, provide for the submission to a direct vote of the electors of any measure pending before it, passed by it, including an override of any veto, if necessary, or enacted by the electors under the Municipal Initiative and Referendum Act and may provide in such resolution that such measure shall be submitted at a special election or the next regularly scheduled primary or general election. Immediately upon the passage of any such resolution for submission, the city clerk shall cause such measure to be submitted to a direct vote of the electors, at the time specified in such resolution and in the manner provided in the Municipal Initiative and Referendum Act for submission of measures upon proposals and petitions filed by voters. Such matter shall become law if approved by a majority of the votes cast.
(2) The chief executive officer and governing body of a municipality shall not submit to a direct vote of the electors the question of whether the municipality should initiate proceedings for the condemnation of a natural gas system.
Source
Laws 1982, LB 807, § 20;
Laws 1984, LB 1010, § 12;
Laws 2002, LB 384, § 26;
Laws 2021, LB163, § 172.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2521 - Elections; when held; city clerk; duties.

18-2521.
Elections; when held; city clerk; duties.
Elections under the Municipal Initiative and Referendum Act, either at a special election or regularly scheduled primary or general election, shall be called by the city clerk. Any special election to be conducted by the election commissioner or county clerk shall be subject to section 32-405.
The city clerk shall cause notice of every such election to be printed in one or more legal newspapers in or of general circulation in such municipality at least once not less than thirty days prior to such election and also posted in the office of the city clerk and in at least three conspicuous places in such municipality at least thirty days prior to such election.
The city clerk shall make available for photocopying a copy in pamphlet form of measures initiated or referred. Such notice provided in this section shall designate where such a copy in pamphlet form may be obtained.
Source
Laws 1982, LB 807, § 21;
Laws 1984, LB 1010, § 13;
Laws 1994, LB 76, § 502;
Laws 2003, LB 521, § 2;
Laws 2021, LB163, § 173.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2522 - Ballots; preparation; form.

18-2522.
Ballots; preparation; form.
All ballots for use in special elections under the Municipal Initiative and Referendum Act shall be prepared by the city clerk and furnished by the governing body, unless the governing body contracts with the county for such service, and shall be in form the same as provided by law for election of the chief executive officer and governing body of such municipality. When ordinances under the Municipal Initiative and Referendum Act are submitted to the electors at a regularly scheduled primary or general election, they shall be placed upon the official ballots as provided in the Municipal Initiative and Referendum Act.
Source
Laws 1982, LB 807, § 22;
Laws 1984, LB 1010, § 14;
Laws 2021, LB163, § 174.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2524 - Initiative petition; failure of governing body to pass; effect; regular or special election.

18-2524.
Initiative petition; failure of governing body to pass; effect; regular or special election.
Whenever an initiative petition bearing signatures equal in number to at least fifteen percent of the qualified electors of a municipality has been filed with the city clerk and verified pursuant to section 18-2518, it shall be the duty of the governing body of such municipality to consider passage of the measure contained in the petition, including an override of any veto, if necessary. If the governing body fails to pass the measure without amendment, including an override of any veto, if necessary, within thirty days from the date it received notification pursuant to section 18-2518, the city clerk shall cause the measure to be submitted to a vote of the people at the next regularly scheduled primary or general election held within the municipality. If the governing body desires to submit the measure to a vote of the people at a special election prior to the next regularly scheduled primary or general election held within the municipality, the governing body shall, by resolution, direct the city clerk to cause the measure to be submitted at a special election. Such resolution shall not be subject to referendum or limited referendum.
Source
Laws 1982, LB 807, § 24;
Laws 1984, LB 1010, § 15;
Laws 2021, LB163, § 176.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2525 - Initiative petition; request for special election; failure of governing body to pass; effect.

18-2525.
Initiative petition; request for special election; failure of governing body to pass; effect.
Whenever an initiative petition bearing signatures equal in number to at least twenty percent of the qualified electors of a municipality, which petition requests that a special election be called to submit the initiative measure to a vote of the people, has been filed with the city clerk and verified pursuant to section 18-2518, it shall be the duty of the governing body of such municipality to consider passage of the measure contained in the petition, including an override of any veto, if necessary. If the governing body fails to pass the measure, without amendment, including an override of any veto, if necessary, within thirty days from the date it received notification pursuant to section 18-2518, the city clerk shall cause the measure to be submitted to a vote of the people at a special election called for such purpose. Subject to the provisions of section 18-2521, the date of such election shall be set during the first available month that complies with sections 32-405 and 32-559.
Source
Laws 1982, LB 807, § 25;
Laws 1984, LB 1010, § 16;
Laws 1994, LB 76, § 503;
Laws 2021, LB163, § 177.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2526 - Adopted initiative measure; when effective; amendment or repeal; restrictions.

18-2526.
Adopted initiative measure; when effective; amendment or repeal; restrictions.
If a majority of the voters voting on an initiative measure pursuant to the Municipal Initiative and Referendum Act shall vote in favor of such measure, it shall become a valid and binding measure of the municipality thirty days after certification of the election results, unless the governing body by resolution orders an earlier effective date or the measure itself provides for a later effective date, which resolution shall not be subject to referendum or limited referendum. A measure passed by such method shall not be amended or repealed except by two-thirds majority of the members of the governing body. No such attempt to amend or repeal shall be made within one year from the passage of the measure by the electors.
Source
Laws 1982, LB 807, § 26;
Laws 1984, LB 1010, § 17;
Laws 2021, LB163, § 178.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2527 - Referendum powers; scope.

18-2527.
Referendum powers; scope.
The power of referendum allows citizens the right to repeal or amend existing measures, or portions thereof, affecting the governance of each municipality in the state.
Source
Laws 1982, LB 807, § 27;
Laws 2021, LB163, § 179.
Annotations
A municipal ballot measure with separate provisions does not violate the common-law single subject rule if each of its provisions has a natural and necessary connection with each other and together are part of one general subject. City of North Platte v. Tilgner, 282 Neb. 328, 803 N.W.2d 469 (2011).
A proposed municipal ballot measure is invalid if it would (1) compel voters to vote for or against distinct propositions in a single vote—when they might not do so if presented separately, (2) confuse voters on the issues they are asked to decide, or (3) create doubt as to what action they have authorized after the election. City of North Platte v. Tilgner, 282 Neb. 328, 803 N.W.2d 469 (2011).
Although the Nebraska Constitution does not prohibit a municipal ballot measure from asking voters to approve distinct and independent propositions in a single vote, a common-law single subject rule does prohibit this type of municipal ballot measure to preserve the integrity of the municipal electoral process. City of North Platte v. Tilgner, 282 Neb. 328, 803 N.W.2d 469 (2011).
Courts liberally construe grants of municipal initiative and referendum powers to permit, rather than restrict, the power and to attain, rather than prevent, its object. City of North Platte v. Tilgner, 282 Neb. 328, 803 N.W.2d 469 (2011).
To determine whether petitioners for a municipal ballot measure are acting under their initiative power or their referendum power, a court should look to the function of their proposed ballot measure—not its label. City of North Platte v. Tilgner, 282 Neb. 328, 803 N.W.2d 469 (2011).
When petitioners for a municipal ballot measure are not seeking to repeal an ordinance, the correct distinction for determining whether their proposed measure falls under the petitioners' initiative power or their referendum power is whether the proposed measure would enact a new ordinance (initiative power) or would amend an existing ordinance (referendum power). City of North Platte v. Tilgner, 282 Neb. 328, 803 N.W.2d 469 (2011).
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2529 - Referendum petition; failure of governing body to act; effect; special election.

18-2529.
Referendum petition; failure of governing body to act; effect; special election.
Whenever a referendum petition bearing signatures equal in number to at least fifteen percent of the qualified electors of a municipality has been filed with the city clerk and verified pursuant to section 18-2518, it shall be the duty of the governing body of the municipality to reconsider the measure or portion of such measure which is the object of the referendum. If the governing body fails to repeal or amend the measure or portion thereof in the manner proposed by the referendum, including an override of any veto, if necessary, within thirty days from the date the governing body receives notification pursuant to section 18-2518, the city clerk shall cause the measure to be submitted to a vote of the people at the next regularly scheduled primary or general election held within the municipality. If the governing body desires to submit the measure to a vote of the people at a special election prior to the next regularly scheduled primary or general election held within the municipality, the governing body shall, by resolution, direct the city clerk to cause the measure to be submitted at a special election. Such resolution shall not be subject to referendum or limited referendum.
Source
Laws 1982, LB 807, § 29;
Laws 1984, LB 1010, § 19;
Laws 2021, LB163, § 181.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2530 - Referendum petition; request for special election; failure of governing body to act; effect.

18-2530.
Referendum petition; request for special election; failure of governing body to act; effect.
Whenever a referendum petition bearing signatures equal in number to at least twenty percent of the qualified voters of a municipality, which petition requests that a special election be called to submit the referendum measure to a vote of the people, has been filed with the city clerk and verified pursuant to section 18-2518, it shall be the duty of the governing body of the municipality to reconsider the measure or portion of such measure which is the object of the referendum. If the governing body fails to repeal or amend the measure or portion thereof, in the manner proposed by the referendum, including an override of any veto, if necessary, the city clerk shall cause the measure to be submitted to a vote of the people at a special election called for such purpose within thirty days from the date the governing body received notification pursuant to section 18-2518. Subject to the provisions of section 18-2521, the date of such special election shall be set during the first available month that complies with sections 32-405 and 32-559.
Source
Laws 1982, LB 807, § 30;
Laws 1984, LB 1010, § 20;
Laws 1994, LB 76, § 505;
Laws 2021, LB163, § 182.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2531 - Adopted referendum measure; reenactment or return to original form; restrictions; failure of referendum; effect.

18-2531.
Adopted referendum measure; reenactment or return to original form; restrictions; failure of referendum; effect.
If a majority of the electors voting on the referendum measure shall vote in favor of such measure, the law subject to the referendum shall be repealed or amended. A measure repealed or amended by referendum shall not be reenacted or returned to its original form except by a two-thirds majority of the members of the governing body. No such attempt to reenact or return the measure to its original form shall be made within one year of the repeal or amendment of the measure by the electors. If the referendum measure does not receive a majority vote, the ordinance shall immediately become effective or remain in effect.
Source
Laws 1982, LB 807, § 31.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2532 - False affidavit; false oath; penalty.

18-2532.
False affidavit; false oath; penalty.
Whoever knowingly or willfully makes a false affidavit or takes a false oath regarding the qualifications of any person to sign petitions under the Municipal Initiative and Referendum Act shall be guilty of a Class I misdemeanor with a fine not to exceed three hundred dollars.
Source
Laws 1982, LB 807, § 32;
Laws 2021, LB163, § 183.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2533 - Petitions; illegal acts; penalty.

18-2533.
Petitions; illegal acts; penalty.
Whoever falsely makes or willfully destroys a petition or any part thereof, or signs a false name thereto, or signs or files any petition knowing the same or any part thereof to be falsely made, or suppresses any petition, or any part thereof, which has been duly filed, pursuant to the Municipal Initiative and Referendum Act shall be guilty of a Class I misdemeanor with a fine not to exceed five hundred dollars.
Source
Laws 1982, LB 807, § 33;
Laws 2021, LB163, § 184.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2534 - Signing of petition; illegal acts; penalty.

18-2534.
Signing of petition; illegal acts; penalty.
Whoever signs any petition under the Municipal Initiative and Referendum Act, knowing that he or she is not a registered voter in the place where such petition is made, aids or abets any other person in doing any of the acts mentioned in this section, bribes or gives or pays any money or thing of value to any person directly or indirectly to induce him or her to sign such petition, or engages in any deceptive practice intended to induce any person to sign a petition, shall be guilty of a Class I misdemeanor with a fine not to exceed three hundred dollars.
Source
Laws 1982, LB 807, § 34;
Laws 2021, LB163, § 185.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2535 - City clerk; illegal acts; penalty.

18-2535.
City clerk; illegal acts; penalty.
Any city clerk who willfully refuses to comply with the Municipal Initiative and Referendum Act or who willfully causes unreasonable delay in the execution of his or her duties under the Municipal Initiative and Referendum Act shall be guilty of a Class I misdemeanor, but imprisonment shall not be included as part of the punishment.
Source
Laws 1982, LB 807, § 35;
Laws 1984, LB 1010, § 21;
Laws 2021, LB163, § 186.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2536 - Election Act; applicability.

18-2536.
Election Act; applicability.
The Election Act, so far as applicable and when not in conflict with the Municipal Initiative and Referendum Act, shall apply to voting on ordinances by the registered voters pursuant to the Municipal Initiative and Referendum Act.
Source
Laws 1982, LB 807, § 36;
Laws 1994, LB 76, § 506;
Laws 2021, LB163, § 187.
Cross References
Election Act, see section 32-101.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2537 - Municipal Initiative and Referendum Act; inapplicability.

18-2537.
Municipal Initiative and Referendum Act; inapplicability.
Nothing in the Municipal Initiative and Referendum Act shall apply to procedures for initiatives or referendums provided in sections 14-210 to 14-212 relating to cities of the metropolitan class, sections 18-412 and 18-412.02 relating to municipal light and power plants, sections 70-504 and 70-650.01 relating to public power districts, and sections 80-203 to 80-205 relating to soldiers and sailors monuments.
Source
Laws 1982, LB 807, § 37;
Laws 2021, LB163, § 188.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2701 - Act, how cited.

18-2701.
Act, how cited.
Sections 18-2701 to 18-2739 shall be known and may be cited as the Local Option Municipal Economic Development Act.
Source
Laws 1991, LB 840, § 1;
Laws 1993, LB 732, § 16;
Laws 1995, LB 207, § 1;
Laws 2001, LB 827, § 9;
Laws 2012, LB863, § 1;
Laws 2016, LB1059, § 2.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2702 - Legislative findings.

18-2702.
Legislative findings.
The Legislature finds that:
(1) There is a high degree of competition among states and municipalities in our nation in their efforts to provide incentives for businesses to expand or to locate in their respective jurisdictions;
(2) Municipalities in Nebraska are hampered in their efforts to effectively compete because of their inability under Nebraska law to respond quickly to opportunities or to raise sufficient capital from local sources to provide incentives for the provision of new services or business location or expansion decisions which are tailored to meet the needs of the local community;
(3) The ability of a municipality to encourage the provision of new services or business location and expansion has a direct impact not only upon the economic well-being of the community and its residents but upon the whole state as well; and
(4) There is a need to provide Nebraska municipalities with the opportunity of providing assistance to business enterprises in their communities, whether for expansion of existing operations, the creation of new businesses, or the provision of new services, by the use of funds raised by local taxation when the voters in the municipality determine that it is in the best interest of their community to do so.
Source
Laws 1991, LB 840, § 2;
Laws 2001, LB 827, § 10.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2703 - Definitions, where found.

18-2703.
Definitions, where found.
For purposes of the Local Option Municipal Economic Development Act, the definitions found in sections 18-2703.01 to 18-2709.01 shall be used.
Source
Laws 1991, LB 840, § 4;
Laws 2001, LB 827, § 11;
Laws 2016, LB1059, § 3.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2703.01 - Advanced telecommunications capability, defined.

18-2703.01.
Advanced telecommunications capability, defined.
Advanced telecommunications capability shall mean high-speed, broadband telecommunications capability that enables users to originate and receive high-quality voice, data, graphics, and video telecommunications using any technology.
Source
Laws 2001, LB 827, § 12.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2704 - City, defined.

18-2704.
City, defined.
City shall mean any city of the metropolitan class, city of the primary class, city of the first class, city of the second class, or village, including any city operated under a home rule charter. City shall also include any group of two or more cities acting in concert under the terms of the Interlocal Cooperation Act or Joint Public Agency Act by means of a properly executed agreement.
Source
Laws 1991, LB 840, § 5;
Laws 1999, LB 87, § 64.
Cross References
Interlocal Cooperation Act, see section 13-801.
Joint Public Agency Act, see section 13-2501.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2705 - Economic development program, defined.

18-2705.
Economic development program, defined.
(1) Economic development program means any project or program utilizing funds derived from local sources of revenue for the purpose of providing direct or indirect financial assistance to a qualifying business or the payment of related costs and expenses or both, without regard to whether that business is identified at the time the project or program is initiated or is to be determined by specified means at some time in the future.
(2) An economic development program may include, but shall not be limited to: (a) Direct loans or grants to qualifying businesses for fixed assets or working capital or both, (b) loan guarantees for qualifying businesses, (c) grants for public works improvements which are essential to the location or expansion of, or the provision of new services by, a qualifying business, (d) grants or loans to qualifying businesses for job training, (e) the purchase of real estate, options for such purchases, and the renewal or extension of such options, (f) grants or loans to qualifying businesses to provide relocation incentives for new residents, (g) the issuance of bonds as provided for in the Local Option Municipal Economic Development Act, and (h) payments for salaries and support of city staff to implement the economic development program or develop an affordable housing action plan, including any such plan required under section 19-5505, or payments for the contracting of such program implementation or plan development to an outside entity.
(3) For cities of the first class, cities of the second class, and villages, an economic development program may also include grants, loans, or funds for:
(a) Construction or rehabilitation for sale or lease of housing (i) for persons of low or moderate income, (ii) as part of a workforce housing plan, or (iii) as part of an affordable housing action plan, including any such plan required under section 19-5505;
(b) Rural infrastructure development as defined in section 66-2102; or
(c) Early childhood infrastructure development.
(4) An economic development program may be conducted jointly by two or more cities after the approval of the program by the voters of each participating city.
Source
Laws 1991, LB 840, § 6;
Laws 1993, LB 732, § 17;
Laws 1995, LB 207, § 3;
Laws 2001, LB 827, § 13;
Laws 2012, LB1115, § 8;
Laws 2013, LB295, § 1;
Laws 2015, LB150, § 1;
Laws 2016, LB1059, § 4;
Laws 2019, LB160, § 1;
Laws 2021, LB163, § 190;
Laws 2022, LB800, § 327.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2707 - Financial institution, defined.

18-2707.
Financial institution, defined.
Financial institution shall mean a state or federally chartered bank, a capital stock state building and loan association, a capital stock federal savings and loan association, a capital stock federal savings bank, and a capital stock state savings bank.
Source
Laws 1991, LB 840, § 8;
Laws 2003, LB 131, § 21.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2708 - Local sources of revenue, defined.

18-2708.
Local sources of revenue, defined.
Local sources of revenue means the city's property tax, the city's local option sales tax, or any other general tax levied by the city or generated from municipally owned utilities or grants, donations, or state and federal funds received by the city subject to any restrictions of the grantor, donor, or state or federal law. Funds generated from municipally owned utilities shall be used for utility-related purposes or activities associated with the economic development program as determined by the governing body, including, but not limited to, load management, energy efficiency, energy conservation, incentives for load growth, line extensions, land purchase, site development, and demand side management measures.
Source
Laws 1991, LB 840, § 9;
Laws 2011, LB471, § 1;
Laws 2021, LB163, § 191.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2709.01 - Workforce housing plan, defined.

18-2709.01.
Workforce housing plan, defined.
Workforce housing plan means a program to construct or rehabilitate single-family housing or market rate multi-family housing which is designed to address a housing shortage that impairs the ability of the city to attract new businesses or impairs the ability of existing businesses to recruit new employees.
Source
Laws 2016, LB1059, § 5.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2710 - Economic development program; proposed plan, contents.

18-2710.
Economic development program; proposed plan, contents.
The governing body of any city proposing to adopt an economic development program shall prepare a proposed plan for such economic development program. The proposed plan shall include:
(1) A description of the city's general community and economic development strategy;
(2) A statement of purpose describing the city's general intent and proposed goals for the establishment of the economic development program;
(3) A description of the types of businesses and economic activities that will be eligible under the program for the city's assistance;
(4) A statement specifying the total amount of money that is proposed to be directly collected from local sources of revenue by the city to finance the program, whether the city desires the authority to issue bonds pursuant to the Local Option Municipal Economic Development Act to provide funds to carry out the economic development program, the time period within which the funds from local sources of revenue are to be collected, the time period during which the program will be in existence, and a basic preliminary proposed budget for the program;
(5) A description of the manner in which a qualifying business will be required to submit an application for financial assistance, including the type of information that will be required from the business, the process that will be used to verify the information, and the steps that will be taken to insure the privacy and confidentiality of business information provided to the city;
(6) A description of the administrative system that will be established to administer the economic development program, including a description of the personnel structure that will be involved and the duties and responsibilities of those persons involved; and
(7) A description of how the city will assure that all applicable laws, regulations, and requirements are met by the city and the qualifying businesses which receive assistance.
Source
Laws 1991, LB 840, § 11;
Laws 1993, LB 732, § 19.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2710.01 - Economic development program; housing for low-income or moderate-income persons; proposed plan; contents; eligibility criteria.

18-2710.01.
Economic development program; housing for low-income or moderate-income persons; proposed plan; contents; eligibility criteria.
(1) If the proposed economic development program involves the making of grants or loans for the construction or rehabilitation for sale or lease of housing for persons of low or moderate income, the proposed plan shall specify (a) the income levels which will qualify persons for participation in the housing program and (b) the criteria for determining the adjustments to be made to the income of persons to determine their qualification for participation. For purposes of the Local Option Municipal Economic Development Act, the city shall determine low-income and moderate-income standards for the economic development program by basing such standards upon existing federal government guidelines or standards for qualifying for any federal housing assistance program as such levels may be modified by the consideration of existing local and regional economic conditions and income levels.
(2) In establishing the criteria to be applied in determining appropriate adjustments to the income of persons seeking consideration for participation in the program pursuant to subsection (1) of this section, the city shall consider the following factors:
(a) The amount of income of the person which is available for housing needs;
(b) The size of the family to reside in each housing unit;
(c) The cost and condition of housing available in the city;
(d) Whether the person or any member of the person's family who will be residing in the housing unit is elderly, infirm, or disabled;
(e) The ability of the person to compete successfully in the private housing market and to pay the amounts the private enterprise market requires for safe, sanitary, and uncrowded housing; and
(f) Such other factors as the city determines which are particularly relevant to the conditions facing persons seeking new or rehabilitated housing in the city.
Source
Laws 1995, LB 207, § 2.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2710.02 - Economic development program; workforce housing plan; proposed plan; contents.

18-2710.02.
Economic development program; workforce housing plan; proposed plan; contents.
If the proposed economic development program involves the making of grants or loans for the construction or rehabilitation for sale or lease of housing as part of a workforce housing plan, the proposed plan shall include:
(1) An assessment of current housing stock in the city, including both single-family and market rate multi-family housing;
(2) Whether the plan will also include housing for persons of low or moderate income under section 18-2710.01;
(3) Such other factors, as determined by the city, which are particularly relevant in assessing the conditions faced by existing businesses in recruiting new employees; and
(4) Such other factors, as determined by the city, which are particularly relevant in assessing the conditions faced by persons seeking new or rehabilitated housing in the city.
Source
Laws 2016, LB1059, § 6.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2710.03 - Economic development program; applicant; certification regarding tax incentives; city consider information.

18-2710.03.
Economic development program; applicant; certification regarding tax incentives; city consider information.
(1) At the time that a qualifying business applies to a city to participate in an economic development program, the qualifying business shall certify the following to the city:
(a) Whether the qualifying business has filed or intends to file an application to receive tax incentives under the Nebraska Advantage Act or the ImagiNE Nebraska Act for the same project for which the qualifying business is seeking financial assistance under the Local Option Municipal Economic Development Act;
(b) Whether such application includes or will include, as one of the tax incentives, a refund of the city's local option sales tax revenue; and
(c) Whether such application has been approved under the Nebraska Advantage Act or the ImagiNE Nebraska Act.
(2) The city may consider the information provided under this section in determining whether to provide financial assistance to the qualifying business under the Local Option Municipal Economic Development Act.
Source
Laws 2016, LB1059, § 8;
Laws 2020, LB1107, § 117.
Cross References
ImagiNE Nebraska Act, see section 77-6801.
Nebraska Advantage Act, see section 77-5701.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2711 - Land purchase; creation of loan fund; additional requirements.

18-2711.
Land purchase; creation of loan fund; additional requirements.
(1) If the proposed economic development program involves the purchase of or option to purchase land, the proposed plan shall also specify the manner in which tracts of land will be identified for purchase or option to purchase and whether or not the city proposes to use the proceeds from the future sale of such land for additional land purchases.
(2) If the proposed economic development program involves the creation of a loan fund, the proposed plan shall also specify:
(a) The types of financial assistance that will be available, stating the maximum proportion of financial assistance that will be provided to any single qualifying business and specifying the criteria that will be used to determine the appropriate level of assistance;
(b) The criteria and procedures that will be used to determine the necessity and appropriateness of permitting a qualifying business to participate in the loan fund program;
(c) The criteria for determining the time within which a qualifying business must meet the goals set for it under its participation agreement;
(d) What personnel or other assistance beyond regular city employees will be needed to assist in the administration of the loan fund program and the manner in which they will be paid or reimbursed;
(e) The investment strategies that the city will pursue to promote the growth of the loan fund while assuring its security and liquidity; and
(f) The methods of auditing and verification that will be used by the city to insure that the assistance given is used in an appropriate manner and that the city is protected against fraud or deceit in the conduct or administration of the economic development program.
Source
Laws 1991, LB 840, § 12;
Laws 1993, LB 732, § 20.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2712 - Public hearing; governing body; adopt resolution; filing.

18-2712.
Public hearing; governing body; adopt resolution; filing.
Upon completion of the proposed plan, the governing body of the city shall schedule a public hearing at which such plan shall be presented for public comment and discussion. Following the public hearing, the governing body shall adopt the proposed plan and any amendments by resolution. At the discretion of the governing body, the resolution may include the full text of the proposed plan or it may be incorporated by reference. The resolution shall include a statement of the date at which the economic development program will be presented to the voters of the city for approval pursuant to section 18-2713 and the language of the ballot question as it will appear on the ballot. Following its adoption, a copy of the resolution and the proposed plan shall be filed with the city clerk who shall make it available for public review at city hall during regular business hours.
Source
Laws 1991, LB 840, § 13;
Laws 1993, LB 732, § 21.