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Nebraska bill would let legislative panel fill long-vacant board seats after three months
Summary
Senator Makayla Cabana, a sponsor, told the Executive Board on an introductory hearing that LB 221 would permit the Legislative Council’s Executive Board to appoint members to statutorily created boards and commissions if vacancies remain unfilled for a set period.
Senator Makayla Cabana, a sponsor, told the Executive Board on an introductory hearing that LB 221 would permit the Legislative Council’s Executive Board to appoint members to statutorily created boards and commissions if vacancies remain unfilled for a set period.
The bill’s sponsor said the change aims to prevent delays in boards that oversee programs and advise state agencies. “If another 3 months goes by and the seat is still vacant, the executive board may make an appointment,” Senator Makayla Cabana said while introducing the bill.
LB 221 targets more than 230 statutorily created boards and commissions, the sponsor said, and cited the Primary Care Investment Council as an example of a time‑sensitive body impaired by vacancies. Cabana read statutory timelines for that council, including reporting requirements that begin Nov. 1, 2023, and continue through Nov. 1, 2028, and a termination date of July 1, 2029.
Supporters at the hearing said vacancies have had practical consequences. Edison McDonald of The Arc of Nebraska told the committee the Governor’s Developmental Disabilities advisory and the Nebraska Statewide Independent Living Council have struggled to achieve quorum, delaying mandated work and putting federally conditioned funding at risk. “Without timely appointments, Nebraska risks losing essential funding that supports independent living programs,” McDonald said.
Committee members asked whether the proposal raises separation‑of‑powers concerns. Cabana acknowledged potential constitutional issues and said the bill is a “suggestion” intended to prompt fixes; she said staff would work with the Attorney General’s office to refine language if necessary. One senator suggested alternative fixes such as adjusting quorum rules to reflect the number of currently appointed members rather than the statutory full membership.
The hearing produced nine letters in support and two in opposition; no committee action or vote occurred at the hearing. The sponsor closed the hearing and the committee moved on to the next bill.
