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Legislature amends LB521 after debates over foster-care board meetings and municipal election timing
Summary
On LB521, senators adopted amendments that affect local foster care review boards' meeting methods and clarify municipal vacancy procedures; a proposed change to move city elections for primary-class cities drew extended floor debate and a failed reconsideration vote.
The Legislature adopted several floor amendments to LB521 addressing multiple local-government procedures, including clarifying petition circulation rules, adjusting vacancy procedures for metropolitan cities and taking up contested changes on the timing of municipal elections.
Senator Lynne Sanders' AM1333 removed a provision that would have limited petition circulation within 200 feet of secure ballot drop boxes and added language harmonizing vacancy procedures for metropolitan city council and mayor vacancies. Senator Sanders said the amendment "was to remove section 77" and to align vacancy language for the city of Omaha.
A contentious portion of LB521 would permit municipal elections to be moved in certain cities; Senator John Kavanaugh's language would allow the city of a metropolitan class and, as amended, cities of the primary class to optionally move municipal election timing. Floor debate focused on the city-of-the-primary-class (Lincoln) inclusion. Senator Dungan offered FA191 to remove cities of the primary class (Lincoln) from that portion, saying Lincoln's charter and local offices (school board, airport authority) have nuances that require separate consideration. Senator John Kavanaugh said his original intent was to address Omaha and he was willing to have Lincoln considered separately as a stand-alone bill; he supported Dungan's amendment. The motion to reconsider the vote on FA191 failed on a later roll call (motion to reconsider: 18 ayes, 26 nays), so Lincoln remained excluded by the adopted change.
The bill also included foster-care-related language. Senator Boston offered FA190 regarding local foster care review boards and confidentiality for sensitive case discussions. Senator Boston said local boards are already "allowed to be exempt from the Open Meetings Act whenever discussing things like confidential protected nature of child specific and family specific information." Senator Mikaela Kavanaugh described why her office and boards had sought clarity: during the COVID-19 pandemic local boards met by Zoom and an assistant attorney general later advised they were public bodies subject to the Open Meetings Act. FA190 was adopted 31-0.
Sponsor and floor managers said they will work during the interim on technical language and consider further study where stakeholders request more time to craft permanent changes.
