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2015 Op. Neb. Att'y Gen. 1 (2015)

handle is hein.sag/sagne2015 and id is 1 raw text is: I STATE OF NEBRASKA OfrofthaI 2115 STATE CAPITOL BUILDING LINCOLN, NE 68509-8920 (402) 471-2682 TDD (402) 471-2682 FAX (402) 471-3297 or (402) 471-4725 DOUGLAS J. PETERSON A'-ORNEY GENERAL SUBJECT: REQUESTED BY: WRITTEN BY: NS OF NEBRASKA OFF 3-AL FEB 3 - 2015 DEPT. OF JUSTICE Authority Of A City To Amend An Economic Development Program Under The Local Option Economic Development Act Senator Colby Coash Nebraska State Legislature Doug Peterson, Attorney General Lynn A. Melson, Assistant Attorney General You are considering introducing legislation to clarify the authority of a city council or village board to amend an economic development program under the Local Option Municipal Economic Development Act. Neb. Rev. Stat. §§ 18-2701 to 18-2739 (2012). The Act, in general, authorizes a city or village to propose an economic development program and to use such funds as may be necessary for economic development activities if the program is approved by a majority of the registered voters of the city or village voting upon the question. The Act constitutes the enabling legislation to permit cities and villages to exercise the authority granted by Neb. Const. art. XIII, § 2. You state that if the Legislature amends the Act to add a qualifying business or eligible activity after the voters have approved a particular economic development plan, this results in confusion about what action a city must then take to include the new business or activity in the plan. You have requested our opinion on two questions concerning amendment of an economic development plan. First, you ask whether, in such a circumstance (if the Legislature amends the Act to add a qualifying business or eligible activity), a city council may amend the plan to include the new business or activity as provided under § 18-2714(2) or whether the change must first be approved by the voters as provided in § 18-2714(3). Second, you ask whether Neb. Const. art. XIII, § 2 would prohibit amendment of the Act so as to instead authorize the city council to amend the plan without voter approval. Printed wth soy ink on recycled paper

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