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Nebraska committee hears bill to restore pre‑2020 public‑notice rules for political subdivisions
Summary
Supporters told the Government, Military and Veterans Affairs Committee that LB 11‑45 would return long‑standing notice rules for political subdivisions by allowing each body to designate a notice method and record it in minutes; the Nebraska Press Association urged a higher minimum newspaper publication frequency and cautioned about legal consequences for noncompliance.
Senator Dan Lonowski introduced LB 11‑45 to the Government, Military and Veterans Affairs Committee, asking the panel to restore language in the Open Meetings Act (Neb. Rev. Stat. §84‑1411) that would let public bodies designate how they give “reasonable advance publicized notice” and record that method in their minutes.
Proponents — including the Nebraska Association of County Officials, the League of Nebraska Municipalities, the Nebraska Association of School Boards and multiple education service units and natural resource districts — said the bill is meant to fix confusion created by changes in 2020 (LB 148) that moved some publication requirements onto newspapers. Lynn Rex of the League told the committee the measure would reinstate a long‑standing approach used from 1975 to 2020 and add a newspaper publication schedule as a supplemental safeguard. “This will reinstate what the law was for 45 years,” she said.
Supporters described practical problems that have emerged since 2020: shrinking local papers, missed legal notices, and the resulting exposure that can force subdivisions to repeat meetings or void actions. Dean Edson, representing Nebraska’s resource districts, cited examples where weekly local papers ceased publication and left communities without an outlet for required notices. County and city officials said publishing on local websites and keeping an advance schedule posted would increase reliability and reduce costs for multi‑county entities.
The Nebraska Press Association said it is neutral on the current draft but urged the committee to preserve newspaper roles that provide “accessibility, independence, verifiability and archivability.” Kristen Hasselberg of the association recommended a newspaper publication minimum of four times per year for the scheduled notice provision and cautioned that publication is part of a legal framework that validates many public actions.
The bill includes a “safe harbor” for political subdivisions that publish a twice‑(now negotiated to four‑)a‑year schedule in a legal newspaper and requires fallback steps if a newspaper refuses, neglects or cannot publish notice. Supporters said that combination preserves transparency while allowing subdivisions to choose practical methods for advance notice. Senator Lonowski asked the committee to advance LB 11‑45 to general file for further consideration.
The hearing included questions from committee members about how courts have interpreted “reasonable” notice, with proponents pointing to case law and Attorney General guidance showing that reasonable notice depends on community size and circumstances. No formal action or vote was recorded in committee during the hearing.
