Legal notice bill broadened, advanced
A measure that would change requirements governing legal notices in Nebraska was broadened March 5 to address open meeting and public records laws.
Currently, state law requires legal notices to be published in print newspapers. LB596, as introduced last session by Sen. Rita Sanders of Bellevue, would authorize digital news publication of legal notices as an alternative, if a digital news publication does not also have a print version.
The bill also would specify that such digital publication must run for the same amount of time as an equivalent newspaper notice.
Sanders said the existing legal notice requirements are “outdated” because most people now access information digitally.
“This [bill] ensures that these notices reach a broader, more diverse [audience] and in a timely and efficient manner,” Sanders said.
A Government, Military and Veterans Affairs Committee amendment, adopted 39-0, would clarify definitions of digital newspapers and electronic editions of print newspapers for purposes of legal notices.
It also would authorize the use of digital newspapers to give public notice under the Open Meetings Act in localities where no print edition or e-edition of a legal newspaper is published.
Hastings Sen. Dan Lonowski offered an amendment to add the provisions of his LB1159 to the proposal. Those provisions would require the induction of a living individual into the Nebraska Hall of Fame this year.
Nebraska Hall of Fame Commission currently selects one inductee every five years and the honor is limited to individuals who have been dead for at least 35 years. Lonowski’s proposal, introduced at the request of Gov. Jim Pillen, would require that the commission name one living inductee before Jan. 1, 2027.
The bill also would require that the inductee:
• be a prior member of the U.S. House of Representatives;
• be a former head coach of the University of Nebraska-Lincoln football team;
• have served as Athletic Director of the University of Nebraska-Lincoln; and
• have attended Hastings High School.
Lonowski said it is “not surprising” that those requirements are met by Coach Tom Osborne. He said Osborne has met and exceeded the standard to be inducted into the hall of fame, from leading the Huskers to three national championships to starting the TeamMates mentoring program and serving in the U.S. Congress.
“We should not wait,” Lonowski said.
Omaha Sen. Megan Hunt opposed the amendment, which she called “special legislation” to grant exclusive privileges or benefits to a specific group or individual — something the Nebraska Constitution prohibits.
Hunt said she had “no doubt” that Osborne will be in the hall of fame in due time, but that it would “tarnish” the honor if lawmakers changed the rules in an attempt to induct him while he is still alive.
“I think the stars in our eyes and our admiration for this man have kind of blinded us to the fact that under our constitution we cannot actually do this,” Hunt said.
Sen. Danielle Conrad of Lincoln agreed. While Osborne is a hardworking and deserving candidate, she said, the constitution is “unambiguous” on its prohibition regarding special legislation.
Following a motion from Conrad to challenge the germaneness of attempting to add the proposal to the underlying bill, which deals with issues of governmental administration, Lonowski withdrew the amendment.
Lawmakers then adopted an amendment 32-0 from Niobrara Sen. Barry DeKay to add the amended provisions of his LB869, which relate to annual notice given by the state treasurer of individuals whose unclaimed property is in the office’s custody and eligible for return.
The provisions would require that the list be published in each legal newspaper of general
circulation in every county, rather than only in local newspapers near an individual’s last known address. The measure also would require the annual notice to include information about how to search for unclaimed property held by the treasurer.
“This change will allow the state treasurer’s staff … to reach more communities directly, especially out in parts of rural Nebraska where newspapers still play a key role in the dissemination of news,” DeKay said.
Another amendment, offered by Bellevue Sen. Victor Rountree and adopted 37-0, would reduce the notice requirements for a legal name change. Currently, an individual wishing to change their legal name must publish legal notice in their county newspaper for four consecutive weeks.
Rountree said the existing notice requirements add to the difficulty and expense of a legal name change. His amendment would reduce the requirement to two weeks.
The committee amendment also added provisions from the following five measures dealing with open meeting requirements and public records:
• LB896, sponsored by Lonowski, which would increase the marriage license fee from $25 to $50 and the cost of certified copies issued by county clerks from $9 to $16;
• LB898, also introduced by Lonowski, which would add three additional public bodies to the list of those authorized to hold virtual meetings: the Semiquincentennial Commission, the Board of Trustees of the Nebraska State Historical Society and local foster care review boards;
• LB919, sponsored by Sanders, which would update four sections of state law governing the preservation of certain public records to allow the use of media other than microfilm or microfiche;
• LB923, introduced by Sen. Stan Clouse of Kearney, which contains a number of cleanup provisions related to the duties of county clerks; and
• LB1145, sponsored by Lonowski, which would require public bodies subject to open meetings requirements to provide reasonable advance notice by a method designated by the public body and recorded in its minutes.
Following adoption of the committee amendment, lawmakers advanced LB596 to select file 40-1.
