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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 925
Introduced by Andersen, 49.
Read first time January 09, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to public health and safety; to adopt the Safe1
Parks and Public Spaces Act; to provide severability; and to declare2
an emergency. 3
Be it enacted by the people of the State of Nebraska,4
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Section 1. Sections 1 to 7 of this act shall be known and may be1
cited as the Safe Parks and Public Spaces Act. 2
Sec. 2. The purpose of the Safe Parks and Public Spaces Act is to3
protect the public from the dangers of unauthorized street camping in4
public parks, rights-of-way, and other public spaces. The Legislature5
recognizes the risk presented by unauthorized street camping, including6
conduct that results in the proliferation of drugs and drug7
paraphernalia, threats of random acts of violence, and the spread of8
disease and detritus. It is the intention of the Legislature to protect9
the people of Nebraska in public spaces and rights-of-way by enacting a10
prohibition on unauthorized street camping. 11
Sec. 3. For purposes of the Safe Parks and Public Spaces Act:12
(1) Camp means to sleep upon, occupy, or otherwise use an area as a13
substitute for regular shelter, as evidenced by, but not limited to, the14
erection of a tent or other temporary shelter, the presence of bedding or15
pillows, or the storage of personal property; 16
(2) Campsite means a regular location of public grounds that is17
designated as a recreational camping ground, area, or facility and that18
allows temporary overnight occupancy without a permanently fixed19
structure; 20
(3) Department means the Department of Health and Human Services;21
and 22
(4) State funds means funds designated for addressing housing or23
homelessness and includes state aid and federal funds.24
Sec. 4. (1) It shall be unlawful for any person to knowingly or25
intentionally camp upon or in any public property or right-of-way that is26
not designated by the state or the political subdivision controlling such27
property or right-of-way as: 28
(a) A campsite; or 29
(b) A temporary site for an unsanctioned homeless encampment.30
(2) A violation of this section is a Class V misdemeanor, except31
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that for a first offense, in lieu of prosecution, the law enforcement1
officer shall direct the person to the nearest appropriate shelter for2
homeless individuals. 3
Sec. 5. (1) A political subdivision shall not authorize or4
otherwise allow any person to regularly camp or sleep upon or in any5
public property or right-of-way in violation of section 4 of this act.6
(2) A political subdivision shall not prohibit or discourage a law7
enforcement officer or prosecuting attorney who is employed or otherwise8
under the direction or control of the political subdivision from9
enforcing section 4 of this act or any order or ordinance prohibiting10
camping, sleeping, or obstruction of sidewalks or other rights-of-way.11
Sec. 6. (1) A person described in subsection (2) of this section12
who is aggrieved by a violation of section 5 of this act may bring a13
civil action for appropriate relief against the political subdivision14
violating such section. 15
(2) The following persons may bring an action under this section:16
(a) A resident of the county in which the violation is occurring;17
(b) A person who owns a business located in the county in which the18
violation is occurring; or 19
(c) The Attorney General. 20
(3) In a civil action under this section, appropriate relief21
includes: 22
(a) Such preliminary and other equitable or declaratory relief as23
may be appropriate; and 24
(b) For an action brought by a person other than the Attorney25
General, reasonable expenses incurred in bringing the civil action,26
including court costs, reasonable attorney's fees, investigative costs,27
witness fees, and deposition costs. 28
(4) A civil action under this section must be accompanied by an29
affidavit from the plaintiff attesting that: 30
(a) The plaintiff provided written notice of the alleged violation31
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of section 5 of this act to the governing board of the political1
subdivision; 2
(b) The political subdivision did not cure the alleged violation3
within five business days after receiving such notice; and4
(c) The political subdivision has failed to take all reasonable5
actions within the limits of its authority to cure the alleged violation6
within such five-business-day period. 7
Sec. 7. (1) If the department determines that a political8
subdivision is in violation of section 5 of this act, the department9
shall notify the State Treasurer of such fact. Upon receiving such10
notice, the State Treasurer shall suspend distribution of state funds to11
the political subdivision. 12
(2) For each day a political subdivision is found to be out of13
compliance with section 5 of this act, the political subdivision shall14
forfeit a pro-rata amount of state funds equal to the amount of state15
funds awarded or provided to the political subdivision divided by the16
days in the award or funding period. 17
(3) The State Treasurer shall suspend distribution of state funds to18
a political subdivision under this section until the department notifies19
the State Treasurer that the political subdivision is in compliance with20
section 5 of this act. Any funds held by the State Treasurer for six21
months or longer shall be forfeited and returned to the General Fund.22
Sec. 8. If any section in this act or any part of any section is23
declared invalid or unconstitutional, the declaration shall not affect24
the validity or constitutionality of the remaining portions.25
Sec. 9. Since an emergency exists, this act takes effect when26
passed and approved according to law. 27
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