Read the full stored bill text
LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 765
Introduced by Holdcroft, 36.
Read first time January 07, 2026
Committee: Government, Military and Veterans Affairs
A BILL FOR AN ACT relating to school district bonds; to amend section1
10-702, Reissue Revised Statutes of Nebraska, and section 13-809,2
Revised Statutes Cumulative Supplement, 2024; to change provisions3
relating to the issuance of school district bonds and bonds issued4
by a joint entity that includes a Nebraska school district or5
educational service unit; to harmonize provisions; and to repeal the6
original sections. 7
Be it enacted by the people of the State of Nebraska,8
LB765
2026
LB765
2026
-1-
Section 1. Section 10-702, Reissue Revised Statutes of Nebraska, is1
amended to read: 2
10-702 (1)(a) The question of issuing school district bonds may be3
submitted at a special election or such question may be voted on at an4
election held in conjunction with the statewide primary or statewide5
general election. No bonds shall be issued until: 6
(i) The the question has been submitted to the qualified electors of7
the district; 8
(ii) The question has been voted upon by at least fifty and one-9
tenth percent of the qualified electors of the district; and10
(iii) A a majority of all the qualified electors voting on the11
question have voted in favor of issuing the same, at an election called12
for the purpose, upon notice given by the officers of the district at13
least twenty days prior to such election. 14
(b) If the election for issuing bonds is held as a special election,15
the procedures provided in section 10-703.01 shall be followed.16
(c) The question of bond issues in such districts, when defeated,17
shall not, except in case of fire or other disaster or in the case of a18
newly created district, be resubmitted in substance for a period of six19
months from and after the date of such election. 20
(2) When the question of issuing bonds is to be submitted at a21
statewide primary or statewide general election as ordered by a22
resolution of a majority of the members of the board of education, such23
order shall be made in writing and filed with the county clerk or24
election commissioner by March 1 for the statewide primary election or25
September 1 for the statewide general election. The order calling for the26
school bond election shall be filed with the county clerk or election27
commissioner in the county having the greatest number of electors28
entitled to vote on the question. The county clerk or election29
commissioner receiving such order shall conduct the school bond election30
for the school district as provided in the Election Act.31
LB765
2026
LB765
2026
-2-
(3) A special notice of the election shall be published by the board1
of education in a newspaper or newspapers of general circulation within2
the district stating the day of the election, the hours during which the3
polls will be open, and any other information deemed necessary in4
informing the public of the bond issue. The notice shall be made at least5
twenty days prior to the election. 6
(4) If the question of submitting bonds for the school district is7
voted upon in one or more counties and the ballots have been certified8
across county lines, the election boards in the counties where the9
ballots are cast shall count the ballots on election day the same as all10
other ballots are counted and seal the same in their ballots-cast11
container along with other ballots. 12
(5) The canvassing boards in each county shall canvass the returns13
in the same manner as other returns are canvassed.14
(6) The county clerk or election commissioner in any adjoining15
county voting on the bond issue shall certify the returns to the county16
clerk or election commissioner of the county having the greatest number17
of electors entitled to vote on the question of issuing bonds.18
(7) The county clerk or election commissioner in such county shall19
enter the total returns from any adjoining county or counties to the20
total votes recorded in his or her official book of votes cast and shall21
certify the returns to the board of education for which such bond22
election was held. 23
(8) Public funds, including building funds, cash funds, and24
discretionary funds, shall not be used in any way to establish, conduct,25
underwrite, promote, subsidize, or in any other way support or advocate26
for, any campaign meant to influence potential voters in a school27
district bond election. Funds donated or raised privately, including from28
sources such as concession sales, booster clubs, and parent-teacher29
organizations are not considered public funds for purposes of this30
subsection and are not subject to such prohibition.31
LB765
2026
LB765
2026
-3-
(9) No employee of any school district or educational service unit1
shall devote any paid work time to establish, conduct, underwrite,2
promote, subsidize, or in any other way support or advocate for, any3
campaign meant to influence potential voters in a school district bond4
election. Such employees may provide general information to patrons5
regarding a school district bond issue, such as subject matter, the6
amount of the bond, and the date of the election. 7
(10) Campaign materials, including, but not limited to, fliers,8
literature, signage, or apparel supporting or advocating for a proposed9
school district bond shall not be distributed or posted in or on any10
facility, grounds, or mode of conveyance connected to or associated with11
any school district or educational service unit properties. Informational12
materials that do not advocate for a proposed school district bond but13
simply provide generic information about such bond are allowed.14
Sec. 2. Section 13-809, Revised Statutes Cumulative Supplement,15
2024, is amended to read: 16
13-809 (1) Subject to subsections (2) , and (3), and (4) of this17
section, any joint entity may from time to time issue its bonds in such18
principal amounts as its governing body shall deem necessary to provide19
sufficient funds to carry out any of the joint entity's purposes and20
powers, including the establishment or increase of reserves, the payment21
of interest accrued during construction of a project and for such period22
thereafter as the governing body may determine, and the payment of all23
other costs or expenses of the joint entity incident to and necessary or24
convenient to carry out its purposes and powers. 25
(2) Bonds issued on or after April 18, 2018, for purposes of the26
Public Facilities Construction and Finance Act shall be subject to a vote27
prior to issuance as provided in such act. 28
(3)(a) For any joint entity created on or after February 14, 2024,29
that includes a Nebraska school district or an educational service unit,30
such joint entity shall not issue any bonds until:31
LB765
2026
LB765
2026
-4-
(i) The the question of issuing such bonds has been submitted to the1
qualified electors of each Nebraska school district or educational2
service unit that is part of the joint entity at an election called for3
that purpose as provided in this section; 4
(ii) The question has been voted upon by at least fifty and one-5
tenth percent of the qualified electors of the school district or6
educational service unit that is part of the joint entity; and7
(iii) Within , within each such school district or educational8
service unit, a majority of the qualified electors voting on the question9
voted in favor of issuing the bonds. 10
(b) The joint entity shall give notice of the election at least11
fifty days prior to the election. The question of issuing bonds may be12
submitted at the statewide primary or general election. The election13
shall be conducted in accordance with the Election Act.14
(c) The question of bond issues, when defeated, shall not be15
resubmitted in substance for a period of at least six months after the16
date of such election. 17
(4)(a) Public funds, including building funds, cash funds, and18
discretionary funds, shall not be used in any way to establish, conduct,19
underwrite, promote, subsidize, or in any other way support or advocate20
for, any campaign meant to influence potential voters in a bond election21
for a joint entity which includes a school district or educational22
service unit. Funds donated or raised privately, including from sources23
such as concession sales, booster clubs, and parent-teacher organizations24
are not considered public funds for purposes of this subsection and are25
not subject to such prohibition. 26
(b) No employee of any school district or educational service unit27
shall devote any paid work time to establish, conduct, underwrite,28
promote, subsidize, or in any other way support or advocate for, any29
campaign meant to influence potential voters in a bond election for a30
joint entity that includes a school district or educational service unit.31
LB765
2026
LB765
2026
-5-
Such employees may provide general information to patrons regarding a1
bond issue, such as subject matter, the amount of the bond, and the date2
of the election. 3
(c) Campaign materials, including, but not limited to, fliers,4
literature, signage, or apparel supporting or advocating for a proposed5
bond to be issued by a joint entity that includes a school district or6
educational service unit shall not be distributed or posted in or on any7
facility, grounds, or mode of conveyance connected to or associated with8
any school district or educational service unit properties. Informational9
materials that do not advocate for a proposed bond but simply provide10
generic information about such bond are allowed. 11
Sec. 3. Original section 10-702, Reissue Revised Statutes of12
Nebraska, and section 13-809, Revised Statutes Cumulative Supplement,13
2024, are repealed. 14
LB765
2026
LB765
2026
-6-