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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 976
Introduced by Andersen, 49.
Read first time January 12, 2026
Committee: Urban Affairs
A BILL FOR AN ACT relating to sanitary and improvement districts; to1
amend section 31-741, Reissue Revised Statutes of Nebraska, and2
section 31-735, Revised Statutes Cumulative Supplement, 2024; to3
change provisions relating to the election of the board of trustees4
and contract bidding requirements; and to repeal the original5
sections. 6
Be it enacted by the people of the State of Nebraska,7
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Section 1. Section 31-735, Revised Statutes Cumulative Supplement,1
2024, is amended to read: 2
31-735 (1) On the first Tuesday after the second Monday in September3
which is at least fifteen months after the judgment of the district court4
creating a sanitary and improvement district and on the first Tuesday5
after the second Monday in September each two years thereafter, the board6
of trustees shall cause a special election to be held, at which election7
a board of trustees shall be elected. The board of trustees shall have8
five members except as provided in subsection (2) of this section. Each9
member elected to the board of trustees shall be elected to a term of two10
years and shall hold office until such member's successor is elected and11
qualified. Any person desiring to file for the office of trustee may file12
for such office with the election commissioner, or county clerk in13
counties having no election commissioner, of the county in which the14
greater proportion in area of the district is located not later than15
fifty days before the election. If such person will serve on the board of16
trustees as a designated representative of a limited partnership, general17
partnership, limited liability company, public, private, or municipal18
corporation, estate, or trust which owns real estate in the district, the19
filing shall indicate that fact and shall include appropriate20
documentation evidencing such fact. No filing fee shall be required. A21
person filing for the office of trustee to be elected at the election22
held four years after the first election of trustees and each election23
thereafter shall designate whether such person is a candidate for24
election by the resident owners of such district or a candidate for25
election by all of the owners of real estate located in the district. If26
a person filing for the office of trustee is a designated representative27
of a limited partnership, a general partnership, a limited liability28
company, a public, private, or municipal corporation, an estate, or a29
trust which owns real estate in the district, the name of such entity30
shall accompany the name of the candidate on the ballot in the following31
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form: (Name of candidate) to represent (name of entity) as a member of1
the board. The name of each candidate shall appear on only one ballot.2
The name of a person may be written in and voted for as a candidate3
for the office of trustee, and such write-in candidate may be elected to4
the office of trustee. A write-in candidate for the office of trustee who5
will serve as a designated representative of a limited partnership, a6
general partnership, a limited liability company, a public, private, or7
municipal corporation, an estate, or a trust which owns real estate in8
the district shall not be elected to the office of trustee unless (a)9
each vote is accompanied by the name of the entity which the candidate10
will represent and (b) within ten days after the date of the election the11
candidate provides the election commissioner or county clerk with12
appropriate documentation evidencing the candidate's representation of13
the entity. Votes cast which do not carry such accompanying designation14
shall not be counted. 15
A trustee shall be an owner of real estate located in the district16
or shall be a person designated to serve as a representative on the board17
of trustees if the real estate is owned by a limited partnership, a18
general partnership, a limited liability company, a public, private, or19
municipal corporation, an estate, or a trust. Notice of the date of the20
election shall be mailed by the clerk of the district not later than21
sixty-five days prior to the election to each person who is entitled to22
vote at the election for trustees whose property ownership or lease23
giving a right to vote is of record on the records of the register of24
deeds as of a date designated by the election commissioner or county25
clerk, which date shall be not more than eighty days prior to the26
election. 27
(2)(a) For any sanitary and improvement district, a person whose28
ownership or right to vote becomes of record or is received after the29
date specified pursuant to subsection (1) of this section may vote when30
such person establishes the right to vote to the satisfaction of the31
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election board. At the first election and at the election held two years1
after the first election, any person may cast one vote for each trustee2
for each acre of unplatted land or fraction thereof and one vote for each3
platted lot which such person may own in the district.4
(b) This subdivision applies to a district until the board of5
trustees amends its articles of association pursuant to subdivision (2)6
(d) of this section. At the elections election held four years and six7
years after the first election of trustees, two members of the board of8
trustees shall be elected by the legal property owners resident within9
such sanitary and improvement district and three members shall be elected10
by all of the owners of real estate located in the district pursuant to11
this section. Every resident property owner may cast one vote for a12
candidate for each office of trustee to be filled by election of resident13
property owners only. Such resident property owners may also each cast14
one vote for each acre of unplatted land or fraction thereof and for each15
platted lot owned within the district for a candidate for each office of16
trustee to be filled by election of all property owners. For each office17
of trustee to be filled by election of all property owners of the18
district, every legal property owner not resident within such sanitary19
and improvement district may cast one vote for each acre of unplatted20
land or fraction thereof and one vote for each platted lot which such21
legal property owner owns in the district. At the election held eight six22
years after the first election of trustees and at each election23
thereafter, three members of the board of trustees shall be elected by24
the legal property owners resident within such sanitary and improvement25
district and two members shall be elected by all of the owners of real26
estate located in the district pursuant to this section. If there are not27
any legal property owners resident within such district or if not less28
than ninety percent of the area of the district is owned for other than29
residential uses, the five members shall be elected by the legal property30
owners of all property within such district as provided in this section.31
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(c) Any public, private, or municipal corporation owning any land or1
lot in the district may vote at an election the same as an individual. If2
more than fifty percent of the homes in any sanitary and improvement3
district are used as a second, seasonal, or recreational residence, the4
owners of such property shall be considered legal property owners5
resident within such district for purposes of electing trustees. For6
purposes of voting for trustees, each condominium apartment under a7
condominium property regime established prior to January 1, 1984, under8
the Condominium Property Act or established after January 1, 1984, under9
the Nebraska Condominium Act shall be deemed to be a platted lot and the10
lessee or the owner of the lessee's interest, under any lease for an11
initial term of not less than twenty years which requires the lessee to12
pay taxes and special assessments levied on the leased property, shall be13
deemed to be the owner of the property so leased and entitled to cast the14
vote of such property. When ownership of a platted lot or unplatted land15
is held jointly by two or more persons, whether as joint tenants, tenants16
in common, limited partners, members of a limited liability company, or17
any other form of joint ownership, only one person shall be entitled to18
cast the vote of such property. The executor, administrator, guardian, or19
trustee of any person or estate interested shall have the right to vote.20
No corporation, estate, or irrevocable trust shall be deemed to be a21
resident owner for purposes of voting for trustees. Should two or more22
persons or officials claim the right to vote on the same tract, the23
election board shall determine the party entitled to vote. Such board24
shall select one of their number chairperson and one of their number25
clerk. In case of a vacancy on such board, the remaining trustees shall26
fill the vacancy on such board until the next election.27
(d) For any sanitary and improvement district which has been in28
existence for at least ten years, which has less than seventy property29
owners entitled to vote for trustees, which has at least two resident30
property owners, and in which less than ten percent of the area of the31
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district is owned for other than residential uses, the board of trustees1
may amend its articles of association as provided in section 31-740.01 to2
provide for a reduction in the number of trustees on the board from five3
members to three members to be effective at the beginning of the term of4
office for the board of trustees elected at the next election. At the5
next election and at each election thereafter, two members of the board6
of trustees shall be elected by the legal property owners resident within7
such sanitary and improvement district and one member shall be elected by8
all of the owners of real estate located in the district pursuant to this9
section. Every resident property owner may cast one vote for a candidate10
for each office of trustee to be filled by election of resident property11
owners only. Such resident property owners may also each cast one vote12
for each acre of unplatted land or fraction thereof and for each platted13
lot owned within the district for a candidate for the office of trustee14
to be filled by election of all property owners. For the office of15
trustee to be filled by election of all property owners of the district,16
every legal property owner not resident within such sanitary and17
improvement district may cast one vote for each acre of unplatted land or18
fraction thereof and one vote for each platted lot which such legal19
property owner owns in the district. 20
(3) The election commissioner or county clerk shall hold any21
election required by subsection (1) of this section by sealed mail ballot22
by notifying the board of trustees on or before July 1 of a given year.23
The election commissioner or county clerk shall, at least twenty days24
prior to the election, mail a ballot and return envelope to each person25
who is entitled to vote at the election and whose property ownership or26
lease giving a right to vote is of record with the register of deeds as27
of the date designated by the election commissioner or county clerk,28
which date shall not be more than eighty days prior to the election. The29
ballot and return envelope shall include: (a) The names and addresses of30
the candidates; (b) room for write-in candidates; and (c) instructions on31
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how to vote and return the ballot. Such ballots shall be returned in the1
return envelope to the election commissioner or county clerk no later2
than 5 p.m. on the date set for the election. If the ballot is not3
returned in the return envelope, such ballot shall not be counted. If4
more than one ballot is included in the same return envelope, such5
ballots shall not be counted and shall be reinserted into the return6
envelope which shall be resealed and marked rejected.7
Sec. 2. Section 31-741, Reissue Revised Statutes of Nebraska, is8
amended to read: 9
31-741 All contracts for construction work to be done or materials10
or equipment purchased, the expense of which is more than fifty twenty11
thousand dollars, shall be let to the lowest responsible bidder, upon12
notice of not less than twenty days, of the terms and conditions of the13
contract to be let. The board of trustees or the administrator shall have14
power to reject any and all bids and readvertise for the letting of such15
work or to negotiate any contract after an unsuccessful public letting.16
Sec. 3. Original section 31-741, Reissue Revised Statutes of17
Nebraska, and section 31-735, Revised Statutes Cumulative Supplement,18
2024, are repealed. 19
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