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LB 396

Change provisions relating to the form and filing of public power district budgets and audits with the Nebraska Power Review Board

109th Legislature (2025-2026) Introduced by Barry DeKay

LB 396 tightens budgeting and audits for Nebraska public power districts: 7-day public inspection and notice for proposed budgets; annual CPA audits filed with state authorities.

Approved by Governor on March 17, 2025
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Bill Summary · LB 396

Summary — LB 396 (2025)

Title: Change provisions relating to the form and filing of public power district budgets and audits with the Nebraska Power Review Board
Status: Approved by the Governor on March 17, 2025
Introduced: January 17, 2025 (Sen. Barry DeKay)
Committee: Natural Resources

Main purpose / intent

LB 396 updates statutory provisions governing (1) the preparation, public availability, notice and hearing process for proposed budgets of public power entities, and (2) the requirement for annual fiscal audits of public power districts. The bill was introduced with the stated intent of eliminating certain outdated filing requirements that are publicly available online or supplied on request.

Key provisions

  • Amends section 13-516 (budgets):

    • Reaffirms that each year public power districts (and certain related irrigation/rural power districts and agencies) must prepare a written proposed budget including: prior two years’ revenues/expenditures, current-year estimates, and a summary of fiscal policy.
    • Requires the proposed budget to be available for public inspection at the district’s/agency’s principal headquarters at least seven days before the board meeting at which the budget is to be adopted.
    • Requires publication, at least seven days before the board meeting, of notice in a newspaper of general circulation within the district stating the place/time of the meeting and that the proposed budget is available for inspection and where.
    • Requires that any changes made to the proposed budget after it is first made available be posted at the principal headquarters before the meeting, that the public have an opportunity to testify at the meeting, and that a written record of the meeting be kept. If the adopted budget differs, a summary of changes must be available for inspection.
    • (Committee materials described an intent to remove a requirement that budgets be in a form approved by the Nebraska Power Review Board; the enacted text should be checked in the codified statute for the final operative language.)

  • Amends section 70-623 (audits):

    • Confirms that districts must have an annual audit by a certified public accountant (conducted per §84-304.01).
    • Requires written copies of the completed audit to be kept at the district’s principal place of business and filed with the Auditor of Public Accounts and the Nebraska Power Review Board within 180 days after the district’s fiscal year-end.
    • (Committee materials noted intent to eliminate requirement to file audits with the Nebraska Power Review Board; readers should consult the final codified version to confirm whether that filing requirement remains.)

  • Repealer clause: original sections 13-516 and 70-623, Reissue Revised Statutes of Nebraska, are repealed and replaced by the amended text.

Who is affected

  • Public power districts, public power and irrigation districts, rural power districts, and the related agencies created under Neb. Rev. Stat. §§ 18-2426 to 18-2434.
  • Nebraska Power Review Board and the Auditor of Public Accounts (as recipients of audit filings, depending on final codified language).
  • Members of the public within district boundaries who may inspect proposed budgets and testify at budget-adoption meetings.

Timeline / legislative action

  • Introduced: Jan 17, 2025
  • Natural Resources Committee hearing: Feb 6, 2025 (advanced to General File)
  • Advanced through General/Select/Final stages; Passed Final Reading: Mar 13, 2025 (47–1–1)
  • Presented to Governor: Mar 13, 2025
  • Approved by Governor (became law): Mar 17, 2025

Notes / recommended action

There is a discrepancy between the bill’s stated intent (committee and introducer materials describing elimination of certain filing/form requirements) and some published versions of the enacted text. Readers and affected entities should consult the final codified language of Neb. Rev. Stat. §§ 13-516 and 70-623 (as amended) or the official slip law to confirm whether the specific requirements to (a) use a budget form approved by the Nebraska Power Review Board and (b) file audit copies with the Nebraska Power Review Board remain in force.

Compiled from official sources — confirm details with the bill’s official record.

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