LB 1261 — Prohibit the use of eminent domain to acquire certain privately owned electric generation facilities
Last action — Presented to Governor on April 10, 2026
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✓Introduced
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✓In Committee
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✓Passed Legislature
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✓To Executive
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5Enacted
This bill has been enacted into law. Introduced January 27, 2026. Enacted.
Signed by Governor Jim Pillen (Republican) on April 17, 2026.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Mixed recorded votes
3 passed, 13 failed in recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
What changed in the latest version
77 added · 90 removedPlain-language change summary
The recent amendment to bill LB 1261 introduces a significant change by prohibiting the use of eminent domain to acquire certain privately owned electric generation facilities. This means that districts can no longer forcibly take private properties for these specific purposes, helping to protect private ownership rights in the energy sector. This change matters because it addresses concerns about the potential loss of privately owned facilities and promotes fairer treatment of property owners.
LB1261 LB1261 2026 LEGISLATURELEGISLATIVE OFBILL NEBRASKA1261 ONEApproved HUNDREDby NINTHthe LEGISLATUREGovernor SECONDApril SESSION14, LEGISLATIVE2026 BILL 1261 FINAL READING Introduced by DMeyer,DeKay, F.,40; 41.he request of the Governor;
at the request of the Governor;
ReadMeyer, firstF., time41. January 27, 2026 Committee:
Natural Resources A BILL FOR AN ACT relating to electrical energy;
Be it enacted by the people of the State of Nebraska, -1- LB1261 LB1261 2026 Section 1.
70-670 (1)70-670 (1) In addition to any other rights and powers conferred upon any district organized under or subject to Chapter 70, article 6, each such district shall have and exercise the power of eminent domain to acquire from any person, firm, association, or private corporation any and all property owned, used, or operated, or useful for operation, in the generation, transmission, or distribution of electrical energy, including an existing electric utility system or any part thereof.
(4) No property owned, used, or operated as part of a privately developed renewable energy generation facility meeting the requirements of section 70-1014.02 shall be subject to eminent domain by any consumer-consumer-owned owned electric supplier operating in the State of Nebraska.
(5)(a) Notwithstanding any other provision of law to the contrary, no consumer-owned utility providing wholesale or retail electric service in Nebraska shall exercise the power of eminent domain to acquire a privately owned electric generation facility that is constructed to -2- LB1261 LB1261 2026 provide electric service to an industrial customer at a single site with new electric load greater than one thousand megawatts, provided that:
(ii) The privately owned electric supplier and consumer-owned utility providing retail electric service within the service area where the industrial customer is located, and where applicable, the consumer-consumer-owned owned wholesale power supplier responsible for a regional transmission organization's resource adequacy requirements for the consumer-owned retail utility, and the applicable transmission owner for the relevant service area, have executed a long-term power purchase agreement, lease, joint venture, or other commercial contractual structure that (A) preserves the exclusive right of the consumer-owned utility to serve retail customers in the relevant service area and, where applicable, the contractual right of the consumer-owned wholesale power supplier to supply the consumer-owned retail utility, (B) provides commercial benefits acceptable to the consumer-owned utility or utilities, (C) prohibits resale of electricity by the industrial customer, and (D) includes a contractual waiver of the authority to exercise eminent domain to acquire the subject generation assets for the duration of the contract with the consumer-owned utility or utilities.
and (iv) The privately owned electric generation facility shall only be used to serve the industrial customer, unless waived by the consumer-consumer-owned -3- LB1261 LB1261 2026 owned utility or utilities with which the privately owned electric generation facility has contracted under the provisions of this subsection.
(c) This subsection shall apply to contracts to serve new industrial loads -1- LB1261 LB1261 2026 entered into with consumer-owned utilities on or before December 31, 2031.
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Action History
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Presented to Governor on April 10, 2026
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Approved by Governor on April 14, 2026
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Dispensing of reading at large approved
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Passed on Final Reading 33-16*-0
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President/Speaker signed
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Placed on Final Reading
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Conrad MO409 withdrawn
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Conrad MO410 withdrawn
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DeKay FA968 withdrawn
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Conrad MO411 failed
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DeKay AM2665 withdrawn
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DeKay AM2666 withdrawn
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DeKay AM2851 adopted
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DeKay FA926 withdrawn
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Juarez AM2132 lost
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Juarez AM2133 withdrawn
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Juarez AM2083 withdrawn
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Conrad AM2123 lost
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Conrad AM2120 withdrawn
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Conrad AM2119 lost
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Conrad AM2110 withdrawn
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Conrad AM2116 lost
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Conrad AM2772 filed
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Fredrickson FA1143 to AM2772 filed
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Fredrickson FA1143 lost
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Conrad AM2772 pending
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Conrad AM2772 lost
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Conrad AM2794 filed
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Conrad AM2794 lost
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Conrad AM2801 filed
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Conrad AM2801 withdrawn
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Conrad AM2796 filed
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Conrad AM2796 lost
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DeKay AM2667 withdrawn
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Advanced to Enrollment and Review for Engrossment
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Placed on Select File
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DeKay AM2851 filed
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Conrad MO406 pending
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Conrad MO406 withdrawn
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Conrad MO407 withdrawn
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Conrad MO408 withdrawn
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DeKay FA1000 withdrawn
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DeKay AM2662 withdrawn
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DeKay AM2663 withdrawn
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DeKay AM2664 withdrawn
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Natural Resources AM2086 adopted
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DeKay FA926 withdrawn
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DeKay FA926 refiled
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Juarez AM2083 withdrawn
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Juarez AM2083 refiled
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Conrad AM2110 withdrawn
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Conrad AM2110 refiled
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Conrad AM2111 adopted
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Conrad AM2115 adopted
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Conrad AM2116 withdrawn
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Conrad AM2116 refiled
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Conrad AM2119 withdrawn
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Conrad AM2119 refiled
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Conrad AM2120 withdrawn
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Conrad AM2120 refiled
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Conrad AM2123 withdrawn
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Conrad AM2123 refiled
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Advanced to Enrollment and Review Initial
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DeKay AM2665 filed
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DeKay AM2666 filed
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DeKay AM2667 filed
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Conrad MO406 pending
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DeKay AM2662 to AM2086 filed
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DeKay AM2663 to AM2086 filed
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DeKay AM2664 to AM2086 filed
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Placed on General File with AM2086
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Natural Resources AM2086 filed
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DeKay FA1000 filed
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Juarez AM2132 filed
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Juarez AM2133 filed
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Moser priority bill
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Conrad MO406 Indefinitely postpone pursuant to Rule 6, Sec. 3(f) filed
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Conrad MO407 Bracket until April 16, 2026 filed
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Conrad MO408 Recommit to the Natural Resources Committee filed
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Conrad MO409 Bracket until April 16, 2026 filed
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Conrad MO410 Recommit to the Natural Resources Committee filed
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Conrad MO411 Indefinitely postpone filed
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Juarez AM2083 filed
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Conrad AM2110 filed
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Conrad AM2111 filed
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Conrad AM2115 filed
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Conrad AM2116 filed
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Conrad AM2119 filed
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Conrad AM2120 filed
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Conrad AM2123 filed
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DeKay FA968 filed
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Referred to Natural Resources Committee
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Notice of hearing for February 05, 2026
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DeKay FA926 filed
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Date of introduction
Sponsors
- Barry DeKay · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 48 not signed on · 49 voted No
Sponsors (1)
- Barry DeKay Voted No
Co-sponsors (0)
None.
Not signed on (48)
48 members have not signed on to this bill.
Show all 48 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 33 | 16 | 0 | 0 |
| Total | 33 | 16 | 0 | 0 |
| % of votes cast | 67% | 33% | 0% | 0% |
How each member voted (49)
| Member | Party | Vote |
|---|---|---|
| Ashlei Spivey | — | Nay |
| Barry DeKay | — | Yea |
| Beau Ballard | — | Yea |
| Ben Hansen | — | Yea |
| Bob Andersen | — | Yea |
| Bob Hallstrom | — | Yea |
| Brian Hardin | — | Yea |
| Carolyn Bosn | — | Yea |
| Christy Armendariz | — | Yea |
| Dan Lonowski | — | Yea |
| Dan Quick | — | Nay |
| Danielle Conrad | — | Nay |
| Dave Murman | — | Yea |
| Dave Wordekemper | — | Yea |
| Dunixi Guereca | — | Nay |
| Eliot Bostar | — | Nay |
| Fred Meyer | — | Yea |
| George Dungan | — | Nay |
| Glen Meyer | — | Yea |
| Jana Hughes | — | Yea |
| Jane Raybould | — | Yea |
| Jared Storm | — | Yea |
| Jason Prokop | — | Nay |
| John Arch | — | Yea |
| John Cavanaugh | — | Nay |
| John Fredrickson | — | Nay |
| Kathleen Kauth | — | Yea |
| Loren Lippincott | — | Yea |
| Machaela Cavanaugh | — | Nay |
| Margo Juarez | — | Nay |
| Megan Hunt | — | Nay |
| Merv Riepe | — | Yea |
| Mike Jacobson | — | Yea |
| Mike Moser | — | Yea |
| Myron Dorn | — | Nay |
| Paul Strommen | — | Yea |
| R. Brad von Gillern | — | Yea |
| Rick Holdcroft | — | Yea |
| Rita Sanders | — | Yea |
| Robert Clements | — | Yea |
| Robert Dover | — | Yea |
| Stan Clouse | — | Yea |
| Tanya Storer | — | Yea |
| Teresa Ibach | — | Yea |
| Terrell McKinney | — | Nay |
| Tom Brandt | — | Yea |
| Tony Sorrentino | — | Yea |
| Victor Rountree | — | Nay |
| Wendy DeBoer | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 9 | 23 | 0 | 17 |
| Total | 9 | 23 | 0 | 17 |
| % of votes cast | 18% | 47% | 0% | 35% |
How each member voted (49)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 12 | 18 | 0 | 19 |
| Total | 12 | 18 | 0 | 19 |
| % of votes cast | 24% | 37% | 0% | 39% |
How each member voted (49)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 32 | 13 | 0 | 4 |
| Total | 32 | 13 | 0 | 4 |
| % of votes cast | 65% | 27% | 0% | 8% |
How each member voted (49)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 13 | 20 | 0 | 16 |
| Total | 13 | 20 | 0 | 16 |
| % of votes cast | 27% | 41% | 0% | 33% |
How each member voted (49)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 10 | 18 | 0 | 21 |
| Total | 10 | 18 | 0 | 21 |
| % of votes cast | 20% | 37% | 0% | 43% |
How each member voted (49)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 12 | 20 | 0 | 17 |
| Total | 12 | 20 | 0 | 17 |
| % of votes cast | 24% | 41% | 0% | 35% |
How each member voted (49)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 11 | 19 | 0 | 19 |
| Total | 11 | 19 | 0 | 19 |
| % of votes cast | 22% | 39% | 0% | 39% |
How each member voted (49)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 27 | 0 | 7 |
| Total | 15 | 27 | 0 | 7 |
| % of votes cast | 31% | 55% | 0% | 14% |
How each member voted (49)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 13 | 24 | 0 | 12 |
| Total | 13 | 24 | 0 | 12 |
| % of votes cast | 27% | 49% | 0% | 24% |
How each member voted (49)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 32 | 0 | 2 |
| Total | 15 | 32 | 0 | 2 |
| % of votes cast | 31% | 65% | 0% | 4% |
How each member voted (49)
| Member | Party | Vote |
|---|---|---|
| Ashlei Spivey | — | Yea |
| Barry DeKay | — | Nay |
| Beau Ballard | — | Nay |
| Ben Hansen | — | Nay |
| Bob Andersen | — | Nay |
| Bob Hallstrom | — | Nay |
| Brian Hardin | — | Nay |
| Carolyn Bosn | — | Nay |
| Christy Armendariz | — | Nay |
| Dan Lonowski | — | Nay |
| Dan Quick | — | Yea |
| Danielle Conrad | — | Yea |
| Dave Murman | — | Nay |
| Dave Wordekemper | — | Nay |
| Dunixi Guereca | — | Yea |
| Eliot Bostar | — | Yea |
| Fred Meyer | — | Nay |
| George Dungan | — | Yea |
| Glen Meyer | — | Nay |
| Jana Hughes | — | Nay |
| Jane Raybould | — | Not Voting |
| Jared Storm | — | Nay |
| Jason Prokop | — | Yea |
| John Arch | — | Nay |
| John Cavanaugh | — | Yea |
| John Fredrickson | — | Yea |
| Kathleen Kauth | — | Nay |
| Loren Lippincott | — | Nay |
| Machaela Cavanaugh | — | Yea |
| Margo Juarez | — | Yea |
| Megan Hunt | — | Yea |
| Merv Riepe | — | Nay |
| Mike Jacobson | — | Nay |
| Mike Moser | — | Nay |
| Myron Dorn | — | Nay |
| Paul Strommen | — | Nay |
| R. Brad von Gillern | — | Nay |
| Rick Holdcroft | — | Nay |
| Rita Sanders | — | Nay |
| Robert Clements | — | Nay |
| Robert Dover | — | Not Voting |
| Stan Clouse | — | Nay |
| Tanya Storer | — | Nay |
| Teresa Ibach | — | Nay |
| Terrell McKinney | — | Yea |
| Tom Brandt | — | Nay |
| Tony Sorrentino | — | Nay |
| Victor Rountree | — | Yea |
| Wendy DeBoer | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 34 | 0 | 0 | 15 |
| Total | 34 | 0 | 0 | 15 |
| % of votes cast | 69% | 0% | 0% | 31% |
How each member voted (49)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 10 |
| Total | 39 | 0 | 0 | 10 |
| % of votes cast | 80% | 0% | 0% | 20% |
How each member voted (49)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 34 | 7 | 0 | 8 |
| Total | 34 | 7 | 0 | 8 |
| % of votes cast | 69% | 14% | 0% | 16% |
How each member voted (49)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 10 |
| Total | 39 | 0 | 0 | 10 |
| % of votes cast | 80% | 0% | 0% | 20% |
How each member voted (49)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 38 | 0 | 0 | 11 |
| Total | 38 | 0 | 0 | 11 |
| % of votes cast | 78% | 0% | 0% | 22% |
How each member voted (49)
Subjects
Frequently asked questions
- Who sponsors LB 1261?
- LB 1261 is sponsored by Barry DeKay.
- What is the current status of LB 1261?
- This bill has been enacted into law. Introduced January 27, 2026. Enacted.
- Where can I track LB 1261?
- Track LB 1261 free on One Click Politics — get push/email alerts when it moves.
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