LB 798 — Change provisions relating to the composition of the planning commission of a city of the second class or village and allow a city of the second class to elect council members by ward

LB798 LB798 2026 LEGISLATURELEGISLATIVE OFBILL NEBRASKA798 ONEApproved HUNDREDby NINTHthe LEGISLATUREGovernor SECONDApril SESSION14, LEGISLATIVE2026 BILL 798 FINAL READING   Introduced by UCavanaugh,Urban J.,Affairs 9;Committee:

McKinney, 11, Chairperson;

Cavanaugh, J., 9;

Rountree, 3.irperson;3.

Read  firstA timeBILL JanuaryFOR 07,AN 2026ACT Committee:relating to municipalities;

Urban Affairs A BILL FOR AN ACT relating to municipalities;

Be it enacted by the people of the State of Nebraska, -1- LB798 LB798 2026 Section 1.

Any member may, after a public hearing before -2- LB798 LB798 2026 the city council or village board of trustees, be removed by the mayor with the consent of a majority vote of the members of the city council or by the chairperson of the village board of trustees with the consent of a majority vote of the members of the village board of trustees for inefficiency, neglect of duty or malfeasance in office, or other good and sufficient cause.

If a city or village planning commission has either three, five, or seven regular members, approximately one-thirdone- third of the regular members of the first commission shall serve for terms of one year, one-third for terms of two years, and one-third for terms of three years.

If the alternate member position becomes vacant other than through the expiration of the term, the vacancy shall be filled for the unexpired portion of the term by the mayor with the approval of a majority vote of the members of the city council or by the chairperson of the village -3- LB798 LB798 2026 board of trustees with the approval of a majority vote of the members of the village board of trustees.

(4) A regular or alternate member of the planning commission may hold any other municipal office except (a) mayor, (b) a member of the city council or -1- LB798 LB798 2026 village board of trustees, (c) a member of any community redevelopment authority or limited community redevelopment authority created under section 18-2102.01, or (d) a member of any citizen advisory review committee created under section 18-2715.

(c) Any city of the first class, except a city having adopted the commissioner or city manager plan of government, nominating and electing members to its governing body by ward may, either by ordinance by majority vote of the governing body or by petition of registered voters -4- LB798 LB798 2026 pursuant to subsection (2) of this section, submit, at a general election, the question of nominating and electing some of the members to its governing body by ward and some at large.

At the first election in which one or more at-at-large large members are to be elected to the city council, the members shall be elected to serve for initial terms of office of the following lengths:

(i) If one at-large member is to be elected, he or she shall serve for a four-yearfour- year term;

No candidate may file as both an at-largeat- large candidate and a candidate by ward at the same election.

No less than two members of the city council may be elected on an at-large basis, and no more than -5- LB798 LB798 2026 one-half of the members of the city council shall be elected on an at-at-large large basis.

(iv) if four at-large members are to be elected, the two candidates receiving the highest number of votes shall be elected to serve for four-four-year year terms and the other elected members shall be elected to serve for two-year terms;

The petition or petitions shall be signed by registered voters equal in number to twenty-five percent of the votes cast for the person receiving the highest number of votes in the city, village, county, or school district at the preceding general election for electing the last member or members to its governing -6- LB798 LB798 2026 board.

The petitions shall be filed with the county clerk or election -2- LB798 LB798 2026 commissioner not less than seventy days prior to the date of the general election, and no signatures shall be added or removed from the petitions after they have been so filed.

-7- LB798 LB798 2026 (4) Except as provided in section 14-204, each city not under a home rule charter, village, county, and school district which votes to nominate and elect members to its governing board by district or ward shall establish districts or wards so that approximately one-half of the members of its governing board may be nominated and elected from districts or wards at each election.

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