Nebraska 2025 2025-2026 Regular Session

Nebraska Legislature Bill LB185 Comm Sub / Analysis

Filed 02/07/2025

                    ONE HUNDRED NINTH LEGISLATURE - FIRST SESSION - 2025
COMMITTEE STATEMENT
LB185
 
 
Hearing Date: Thursday January 30, 2025
Committee On: Judiciary
Introducer: Dover
One Liner: Provide for electronic notices by landlords under the Uniform Residential Landlord and Tenant Act
and the Mobile Home Landlord and Tenant Act
 
 
Roll Call Vote - Final Committee Action:
          Advanced to General File with amendment(s)
 
 
Vote Results:
          Aye:	8 Senators Bosn, DeBoer, Hallstrom, Holdcroft, McKinney, Rountree,
Storer, Storm
          Nay: 
          Absent: 
          Present Not Voting: 
 
 
Testimony:
Proponents: 	Representing: 
Senator Robert Dover 	Opening Presenter
Lynn Fisher	Statewide Property Owners Association
Tara Holterhaus	Apartment Association of Nebraska; Nebraska
Association of Commercial Property Owners;
Spencer Fane LLP
Kristy Lamb	NP Dodge; Institute of Real Estate Management
Korby  Gilbertson	Nebraska Realtors Association; Homebuilders
Association of Lincoln; Metro Omaha Builders
Association
Dennis Tierney	self
Nathan Haugen	Metro Omaha Property Owners Association
 
Opponents: 	Representing: 
 
Neutral: 	Representing: 
Erin Feichtinger	Women's Fund of Omaha
 
* ADA Accommodation Written Testimony
 
 
Summary of purpose and/or changes:
LB 185 amends the Uniform Residential Landlord and Tenant Act and the Mobile Home Landlord and Tenant Act to
allow for electronic communication between landlords and tenants under certain circumstances.
Committee Statement: LB185
Judiciary Committee
Page 1 46ce9d6d0f59361fb6d5c01216ec35a9 Section-by-Section Summary: 
Section 1: Amends § 76-1410 to add a definition for “writing or written” to include a notice or document provided by
electronic means.
Section 2: Amends § 76-1413 to add that a person has notice of a fact under this section if notice is delivered
electronically, defines “delivered by electronic means,” and outlines electronic delivery methods. It also allows certain
documents to be delivered, stored, and presented electronically if they meet the requirements of the Uniform
Electronic Transactions Act. A landlord may deliver a notice or document electronically to a tenant if certain
enumerated circumstances are met. Finally, this section provides that it shall not be construed to supersede the
federal Electronic Signatures in Global and National Commerce Act.
Section 3: Amends § 76-1450 to include Section 5 of the bill as part of the Mobile Home Landlord and Tenant Act.
Section 4: Amends § 76-1457 to include the definition in Section 5 of the bill as a defined term for purposes of the
Mobile Home Landlord and Tenant Act.
Section 5: Adds a new section containing the definition of “writing or written,” using the definition for that term from
section 1 of LB 185.
Section 6: Amends § 76-1474 to add the same language as section 2 of LB 185 to the Mobile Home Landlord and
Tenant Act.
Section 7: Repealer.
 
 
Explanation of amendments:
LB 185 requires that before a tenant consents to have a notice or document delivered by electronic means, the
landlord to inform a tenant of any conditions or consequences imposed in the event the tenant withdraws consent.
The Committee Amendment, AM 75, entitles a tenant to withdraw consent without the imposition of any conditions or
consequences. 
 
Carolyn Bosn, Chairperson
Committee Statement: LB185
Judiciary Committee
Page 2 46ce9d6d0f59361fb6d5c01216ec35a9