Nebraska Constitution
Introduction
PREAMBLE
Article I
Bill of Rights
Art. I §1 | STATEMENT OF RIGHTS
Art. I §2 | SLAVERY PROHIBITED
Art. I §3 | DUE PROCESS OF LAW; EQUAL PROTECTION
Art. I §4 | RELIGIOUS FREEDOM
Art. I §5 | FREEDOM OF SPEECH AND PRESS
Art. I §6 | TRIAL BY JURY
Art. I §7 | SEARCH AND SEIZURE
Art. I §8 | HABEAS CORPUS
Art. I §9 | BAIL; FINES; IMPRISONMENT; CRUEL AND UNUSUAL PUNISHMENT
Notes
Art. I §10 | PRESENTMENT OR INDICTMENT BY GRAND JURY; INFORMATION
Art. I §11 | RIGHTS OF ACCUSED
Art. I §12 | EVIDENCE AGAINST SELF; DOUBLE JEOPARDY
Art. I §13 | JUSTICE ADMINISTERED WITHOUT DELAY; LEGISLATURE; AUTHORIZATION TO ENFORCE MEDIATION AND ARBITRATION
Art. I §14 | TREASON
Art. I §15 | PENALTIES; CORRUPTION OF BLOOD; TRANSPORTING OUT OF STATE PROHIBITED
Art. I §16 | BILL OF ATTAINDER; RETROACTIVE LAWS; CONTRACTS; SPECIAL PRIVILEGES
Art. I §17 | MILITARY SUBORDINATE
Art. I §18 | SOLDIERS QUARTERS
Art. I §19 | RIGHT OF PEACEABLE ASSEMBLY AND TO PETITION GOVERNMENT
Art. I §20 | IMPRISONMENT FOR DEBT PROHIBITED
Art. I §21 | PRIVATE PROPERTY COMPENSATED FOR
Art. I §22 | ELECTIONS TO BE FREE; IDENTIFICATION REQUIRED
(2) Before casting a ballot in any election, a qualified voter shall present valid photographic identification in a manner specified by the Legislature to ensure the preservation of an individual’s rights under this Constitution and the Constitution of the United States.
Art. I §23 | CAPITAL CASES; RIGHT OF DIRECT APPEAL; EFFECT; OTHER CASES; RIGHT OF APPEAL
Art. I §24 | REPEALED 1990. LAWS 1990, LR 8, SEC. 1
Art. I §25 | RIGHTS OF PROPERTY; NO DISCRIMINATION; ALIENS
Art. I §26 | POWERS RETAINED BY PEOPLE
Art. I §27 | ENGLISH LANGUAGE TO BE OFFICIAL
Notes
Art. I §28 | CRIME VICTIMS; RIGHTS ENUMERATED; EFFECT; LEGISLATURE; DUTIES
(2) The Legislature shall provide by law for the implementation of the rights granted in this section. There shall be no remedies other than as specifically provided by the Legislature for the enforcement of the rights granted by this section.
(3) Nothing in this section shall constitute a basis for error in favor of a defendant in any criminal proceeding, a basis for providing standing to participate as a party to any criminal proceeding, or a basis to contest the disposition of any charge.
Art. I §29 | MARRIAGE; SAME-SEX RELATIONSHIPS NOT VALID OR RECOGNIZED
Notes
Art. I §30 | DISCRIMINATION OR GRANT OF PREFERENTIAL TREATMENT PROHIBITED; PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING; SECTION, HOW CONSTRUED; REMEDIES
(2) This section shall apply only to action taken after the section's effective date.
(3) Nothing in this section prohibits bona fide qualifications based on sex that are reasonably necessary to the normal operation of public employment, public education, or public contracting.
(4) Nothing in this section shall invalidate any court order or consent decree that is in force as of the effective date of this section.
(5) Nothing in this section prohibits action that must be taken to establish or maintain eligibility for any federal program, if ineligibility would result in a loss of federal funds to the state.
(6) For purposes of this section, state shall include, but not be limited to:
(b) any agency, department, office, board, commission, committee, division, unit, branch, bureau, council, or sub-unit of the state;
(c) any public institution of higher education;
(d) any political subdivision of or within the state; and
(e) any government institution or instrumentally of or within the state.
(8) This section shall be self executing. If any part or parts of this section are found to be in conflict with federal law or the Constitution of the United States, this section shall be implemented to the maximum extent that federal law and the Constitution of the United States permit. Any provision held invalid shall be severable from the remaining portions of this section.
Art. I §31 | UNBORN CHILDREN; PROTECTION FROM ABORTION; EXCEPTIONS
Article II
Distribution of Powers
Art. II §1 | LEGISLATIVE, EXECUTIVE, JUDICIAL
(2) Notwithstanding the provisions of subsection (1) of this section, supervision of individuals sentenced to probation, released on parole, or enrolled in programs or services established within a court may be undertaken by either the judicial or executive department, or jointly, as provided by the Legislature.
Article III
Legislative
Art. III §1 | LEGISLATIVE AUTHORITY; HOW VESTED; POWER OF INITIATIVE; POWER OF REFERENDUM
Art. III §2 | FIRST POWER RESERVED; INITIATIVE
Art. III §3 | SECOND POWER RESERVED; REFERENDUM
When the referendum is invoked as to any act or part of act, other than emergency acts or those for the immediate preservation of the public peace, health, or safety, by petition signed by not less than ten percent of the registered voters of the state distributed as aforesaid, it shall suspend the taking effect of such act or part of act until the same has been approved by the electors of the state.
Art. III §4 | INITIATIVE OR REFERENDUM; SIGNATURES REQUIRED; VETO; ELECTION RETURNS; CONSTITUTIONAL AMENDMENTS; NON-PARTISAN BALLOT
Notes
Art. III §5 | LEGISLATIVE DISTRICTS; APPORTIONMENT; REDISTRICTING, WHEN REQUIRED
Art. III §6 | LEGISLATURE; NUMBER OF MEMBERS; ANNUAL SESSIONS
Art. III §7 | LEGISLATORS; TERMS; EFFECT OF REDISTRICTING; ELECTION; SALARY; EXPENSES; MILEAGE
Art. III §8 | LEGISLATORS; QUALIFICATIONS; ONE-YEAR RESIDENCE IN DISTRICT; REMOVAL FROM DISTRICT, EFFECT
Notes
Art. III §9 | LEGISLATORS; DISQUALIFICATIONS; ELECTION TO OTHER OFFICE; RESIGNATION REQUIRED
Art. III §10 | LEGISLATIVE SESSIONS; TIME; QUORUM; RULES OF PROCEDURE; EXPULSION OF MEMBERS; DISRESPECTFUL BEHAVIOR, PENALTY
Art. III §11 | LEGISLATIVE JOURNAL; VOTE VIVA VOCE; OPEN DOORS; COMMITTEE VOTES
Art. III §12 | LEGISLATORS; TERMS; LIMITATION
(2) Service prior to January 1, 2001, as a member of the Legislature shall not be counted for the purpose of calculating consecutive terms in subsection (1) of this section.
(3) For the purpose of this section, service in office for more than one-half of a term shall be deemed service for a term.
Art. III §13 | STYLE OF BILLS; MAJORITY NECESSARY TO PASSAGE; YEAS AND NAYS ENTERED ON JOURNAL
Art. III §14 | BILLS AND RESOLUTIONS READ BY TITLE; PRINTING; VOTE FOR FINAL PASSAGE; BILLS TO CONTAIN ONE SUBJECT; AMENDED SECTION TO BE SET FORTH; SIGNING OF BILLS
Art. III §15 | MEMBERS PRIVILEGED FROM ARREST
Art. III §16 | MEMBERS OF THE LEGISLATURE AND STATE OFFICERS; CONFLICTS OF INTEREST; STANDARDS FOR
Art. III §17 | IMPEACHMENT; PROCEDURE
Art. III §18 | LOCAL OR SPECIAL LAWS PROHIBITED
Changing the names of persons or places.
Laying out, opening altering and working roads or highways.
Vacating roads, Town plats, streets, alleys, and public grounds.
Locating or changing County seats.
Regulating County and Township offices.
Regulating the practice of Courts of Justice.
Regulating the jurisdiction and duties of Justices of the Peace, Police Magistrates and Constables.
Providing for changes of venue in civil and criminal cases.
Incorporating Cities, Towns and Villages, or changing or amending the charter of any Town, City, or Village.
Providing for the election of Officers in Townships, incorporated Towns or Cities.
Summoning or empaneling Grand or Petit Juries.
Providing for the bonding of cities, towns, precincts, school districts or other municipalities.
Providing for the management of Public Schools.
The opening and conducting of any election, or designating the place of voting.
The sale or mortgage of real estate belonging to minors, or others under disability.
The protection of game or fish.
Chartering or licensing ferries, or toll bridges, remitting fines, penalties or forfeitures, creating, increasing and decreasing fees, percentage or allowances of public officers, during the term for which said officers are elected or appointed.
Changing the law of descent.
Granting to any corporation, association, or individual, the right to lay down railroad tracks, or amending existing charters for such purpose.
Granting to any corporation, association, or individual any special or exclusive privileges, immunity, or franchise whatever; Provided, that notwithstanding any other provisions of this Constitution, the Legislature shall have authority to separately define and classify loans and installment sales, to establish maximum rates within classifications of loans or installment sales which it establishes, and to regulate with respect thereto. In all other cases where a general law can be made applicable, no special law shall be enacted.
Art. III §19 | COMPENSATION; INCREASE WHEN; EXTRA COMPENSATION TO PUBLIC OFFICERS AND CONTRACTORS PROHIBITED; RETIREMENT BENEFITS; ADJUSTMENT
The compensation of any public officer, including any officer whose compensation is fixed by the Legislature, shall not be increased or diminished during his or her term of office, except that when there are members elected or appointed to the Legislature or the judiciary, or officers elected or appointed to a board or commission having more than one member, and the terms of such members commence and end at different times, the compensation of all members of the Legislature, of the judiciary, or of such board or commission may be increased or diminished at the beginning of the full term of any member thereof.
Nothing in this section shall prevent local governing bodies from reviewing and adjusting vested pension benefits periodically as prescribed by ordinance.
The surviving spouse of any retired public officer, agent, or servant, who has retired under a pension plan or system, shall be considered as having pensionable status and shall be entitled to the same benefits which may, at any time, be provided for or available to spouses of other public officers, agents, or servants who have retired under such pension plan or system at a later date, and such benefits shall not be prohibited by the restrictions of this section or of Article XIII, section 3 of the Constitution of Nebraska.
Art. III §20 | SALT SPRINGS, COAL, OIL, MINERALS; ALIENATION PROHIBITED
Art. III §21 | DONATION OF STATE LANDS PROHIBITED; WHEN
Art. III §22 | APPROPRIATIONS FOR STATE; DEFICIENCIES; BILLS FOR PAY OF MEMBERS AND OFFICIALS
Art. III §23 | REPEALED 1972. LAWS 1972, LB 302, SEC. 1
Art. III §24 | GAMES OF CHANCE, LOTTERIES, AND GIFT ENTERPRISES; RESTRICTIONS; USE OF STATE LOTTERY PROCEEDS; PARIMUTUEL WAGERING ON HORSERACES; BINGO GAMES; LAWS RELATING TO GAMES OF CHANCE, APPLICABILITY
(2) The Legislature may authorize and regulate a state lottery pursuant to subsection (3) of this section and other lotteries, raffles, and gift enterprises which are intended solely as business promotions or the proceeds of which are to be used solely for charitable or community betterment purposes without profit to the promoter of such lotteries, raffles, or gift enterprises.
(3)
(ii) Forty-four and one-half percent of the money remaining after the payment of prizes and operating expenses and the initial transfer to the Compulsive Gamblers Assistance Fund shall be transferred to the Nebraska Environmental Trust Fund to be used as provided in the Nebraska Environmental Trust Act;
(iii) Forty-four and one-half percent of the money remaining after the payment of prizes and operating expenses and the initial transfer to the Compulsive Gamblers Assistance Fund shall be used for education as the Legislature may direct;
(iv) Ten percent of the money remaining after the payment of prizes and operating expenses and the initial transfer to the Compulsive Gamblers Assistance Fund shall be transferred to the Nebraska State Fair Board if the most populous city within the county in which the fair is located provides matching funds equivalent to ten percent of the funds available for transfer. Such matching funds may be obtained from the city and any other private or public entity, except that no portion of such matching funds shall be provided by the state. If the Nebraska State Fair ceases operations, ten percent of the money remaining after the payment of prizes and operating expenses and the initial transfer to the Compulsive Gamblers Assistance Fund shall be transferred to the General Fund; and
(v) One percent of the money remaining after the payment of prizes and operating expenses and the initial transfer to the Compulsive Gamblers Assistance Fund shall be transferred to the Compulsive Gamblers Assistance Fund.
(b) the enactment of laws providing for the licensing and regulation of bingo games conducted by nonprofit associations which have been in existence for a period of five years immediately preceding the application for license, except that bingo games cannot be conducted by agents or lessees of such associations on a percentage basis.
Notes
Cross References
Nebraska Environmental Trust Act, see section 81-15,167.Art. III §25 | INCIDENTAL EXPENSES OF STATE OFFICERS; SPECIFIC APPROPRIATIONS ALWAYS NECESSARY; WARRANTS FOR MONEY
Art. III §26 | PRIVILEGE OF MEMBERS
Art. III §27 | ACTS TAKE EFFECT AFTER THREE MONTHS; EMERGENCY BILLS; SESSION LAWS
Art. III §28 | REPEALED 1934. INITIATIVE MEASURE NO. 330
Art. III §29 | LEGISLATIVE AUTHORITY IN EMERGENCIES DUE TO ENEMY ATTACK UPON UNITED STATES
(b) The convening of the Legislature into general or extraordinary session, upon or without call by the Governor, during or after a war or enemy caused disaster occurring in the United States; and, with respect to any such emergency session, the suspension or temporary change of the provisions of this Constitution or of general law relating to the length and purposes of any legislative session or prescribing the specific proportion or number of legislators whose presence or vote is necessary to constitute a quorum or to accomplish any legislative act or function;
(c) The selection and changing from time to time of a temporary state seat of government, of temporary county seats, and of temporary seats of government for other political subdivisions; to be used if made necessary by enemy attack or imminent threat thereof;
(d) The determination, selection, reproduction, preservation, and dispersal of public records necessary to the continuity of governmental operations in the event of enemy attack or imminent threat thereof; and
(e) Such other measures and procedures as may be necessary and proper for insuring the continuity of governmental operations in the event of enemy attack or imminent threat thereof.
Art. III §30 | LEGISLATURE TO PASS NECESSARY LAWS
Article IV
Executive
Art. IV §1 | EXECUTIVE DEPARTMENTS; OFFICERS; WHEN ELECTED; TERMS; ELIGIBILITY; BOOKS TO BE KEPT AT SEAT OF GOVERNMENT; RESIDENCE OF OFFICERS; HEADS OF DEPARTMENTS; APPOINTMENTS
The executive officers of the state shall be the Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts, State Treasurer, Attorney General, and the heads of such other executive departments as set forth herein or as may be established by law. The Legislature may provide for the placing of the above named officers as heads over such departments of government as it may by law establish.
The Governor, Lieutenant Governor, Attorney General, Secretary of State, Auditor of Public Accounts, and State Treasurer shall be chosen at the general election held in November 1974, and in each alternate even-numbered year thereafter, for a term of four years and until their successors shall be elected and qualified.
Each candidate for Governor shall select a person to be the candidate for Lieutenant Governor on the general election ballot. In the general election one vote shall be cast jointly for the candidates for Governor and Lieutenant Governor. The Governor shall be ineligible to the office of Governor for four years next after the expiration of two consecutive terms for which he or she was elected.
The records, books, and papers of all executive officers shall be kept at the seat of government. Executive officers shall reside within the State of Nebraska during their respective terms of office. Officers in the executive department of the state shall perform such duties as may be provided by law.
The heads of all executive departments established by law, other than those to be elected as provided herein, shall be appointed by the Governor, with the consent of a majority of all members elected to the Legislature, but officers so appointed may be removed by the Governor. Subject to the provisions of this Constitution, the heads of the various executive or civil departments shall have power to appoint and remove all subordinate employees in their respective departments.
Art. IV §2 | GOVERNOR; LIEUTENANT GOVERNOR; ELIGIBILITY; QUALIFICATIONS; APPOINTIVE OFFICERS, INELIGIBLE FOR OTHER OFFICE
Art. IV §3 | TREASURER; INELIGIBILITY
Notes
Art. IV §4 | ELECTION RETURNS; CANVASS BY LEGISLATURE; CONDUCT OF ELECTION CONTESTS
Art. IV §5 | IMPEACHMENT
Art. IV §6 | SUPREME EXECUTIVE POWER
Art. IV §7 | MESSAGE BY GOVERNOR; BUDGET; CONTENTS; BUDGET BILL; PREPARATION; APPROPRIATIONS NOT TO BE IN EXCESS OF BUDGET; EXCEPTION; EXCESS SUBJECT TO VETO
Art. IV §8 | SPECIAL SESSIONS
Art. IV §9 | REPEALED 1934. INITIATIVE MEASURE NO. 330
Art. IV §10 | GOVERNOR TO APPOINT OFFICERS; REMOVAL
Art. IV §11 | ELECTED STATE OFFICER; VACATION OF OFFICE; GOVERNOR FILL BY APPOINTMENT; TERM
Art. IV §12 | NONELECTIVE STATE OFFICERS; VACATION; GOVERNOR; FILL THE OFFICE BY APPOINTMENT; APPROVAL BY LEGISLATURE
Art. IV §13 | BOARD OF PAROLE; MEMBERS; POWERS; REPRIEVES; PROCEEDINGS; POWER TO PARDON; LIMITATIONS
Art. IV §14 | GOVERNOR TO BE COMMANDER-IN-CHIEF OF MILITIA
Art. IV §15 | BILLS TO BE PRESENTED TO GOVERNOR; APPROVAL; PROCEDURE; DISAPPROVAL OR REDUCTION OF ITEMS OF APPROPRIATION; PASSAGE DESPITE DISAPPROVAL OR REDUCTION
Art. IV §16 | ORDER OF SUCCESSION TO BECOME GOVERNOR; LIEUTENANT GOVERNOR; DUTIES
In case of the death of the Governor-elect, the Lieutenant Governor-elect, the Speaker of the Legislature and such other persons designated by law shall become Governor in that order at the commencement of the Governor-elect's term.
If the Governor or the person in line of succession to serve as Governor is absent from the state, or suffering under an inability, the powers and duties of the office of Governor shall devolve in order of precedence until the absence or inability giving rise to the devolution of powers ceases as provided by law. After January 1, 1975, the Lieutenant Governor shall serve on all boards and commissions in lieu of the Governor whenever so designated by the Governor, shall perform such duties as may be delegated him by the Governor, and shall devote his full time to the duties of his office.
Art. IV §17 | REPEALED 1934. INITIATIVE MEASURE NO. 330
Art. IV §18 | REPEALED 1972. LAWS 1972, LB 302, SEC. 1
Art. IV §19 | STATE INSTITUTIONS; MANAGEMENT, CONTROL, AND GOVERNMENT; DETERMINATION BY LEGISLATURE
Art. IV §20 | PUBLIC SERVICE COMMISSION; MEMBERSHIP; TERMS; POWERS
Art. IV §21 | REPEALED 1972. LAWS 1972, LB 302, SEC. 1
Art. IV §22 | EXECUTIVE OFFICIALS TO KEEP ACCOUNTS; REPORTS; FALSE REPORTS, PENALTY
Art. IV §23 | EXECUTIVE OFFICIALS AND HEADS OF INSTITUTIONS; REPORTS TO LEGISLATURE; INFORMATION FROM EXPENDING AGENCIES
Art. IV §24 | GREAT SEAL
Art. IV §25 | SALARIES OF OFFICIALS; FEES
Art. IV §26 | OFFICIALS TO GIVE BONDS
Art. IV §27 | EXECUTIVE OFFICES; CREATION OF
Art. IV §28 | TAX EQUALIZATION AND REVIEW COMMISSION; MEMBERS; POWERS; TAX COMMISSIONER; POWERS
A Tax Commissioner shall be appointed by the Governor with the approval of the Legislature. The Tax Commissioner may have jurisdiction over the administration of the revenue laws of the state and such other duties and powers as provided by law. The Tax Commissioner shall serve at the pleasure of the Governor.
Article V
Judicial
Art. V §1 | POWER VESTED IN COURTS; CHIEF JUSTICE; POWERS
Art. V §2 | SUPREME COURT; NUMBER OF JUDGES; QUORUM; JURISDICTION; RETIRED JUDGES, TEMPORARY DUTY; COURT DIVISIONS; ASSIGNMENTS BY CHIEF JUSTICE
Art. V §3 | TERMS OF SUPREME COURT
Art. V §4 | CHIEF JUSTICE AND JUDGES OF THE SUPREME COURT; SELECTION; RESIDENCE; LOCATION OF OFFICES
Art. V §5 | SUPREME COURT JUDICIAL DISTRICTS; REDISTRICTING; WHEN
Art. V §6 | CHIEF JUSTICE TO PRESIDE
Art. V §7 | CHIEF JUSTICE; ASSOCIATE JUSTICES; QUALIFICATIONS
Art. V §8 | SUPREME COURT APPOINT STAFF; BUDGET; COPYRIGHT OF STATE REPORTS
Art. V §9 | DISTRICT COURTS; JURISDICTION; FELONS MAY PLEAD GUILTY; SENTENCE
Art. V §10 | DISTRICT COURT JUDICIAL DISTRICTS
Art. V §11 | DISTRICT COURT JUDGES; CHANGE OF NUMBER; BOUNDARIES
Art. V §12 | DISTRICT COURT JUDGES MAY HOLD COURT FOR EACH OTHER; RETIRED JUDGES, TEMPORARY DUTY
Art. V §13 | SUPREME AND DISTRICT JUDGES; SALARIES
Art. V §14 | SUPREME AND DISTRICT JUDGES NOT TO ACT AS ATTORNEYS; JUDGE NOT TO PRACTICE LAW, WHEN
Art. V §15 | REPEALED 1970. LAWS 1969, C. 419, SEC. 1(2), P. 1432
Art. V §16 | REPEALED 1970. LAWS 1969, C. 419, SEC. 1(2), P. 1432
Art. V §17 | REPEALED 1970. LAWS 1969, C. 419, SEC. 1(2), P. 1432
Art. V §18 | REPEALED 1970. LAWS 1969, C. 419, SEC. 1(2), P. 1432
Art. V §19 | PRACTICE OF ALL COURTS TO BE UNIFORM
Art. V §20 | OFFICERS IN THIS ARTICLE; TENURE; RESIDENCE; DUTIES; COMPENSATION
Art. V §21 | MERIT PLAN FOR SELECTION OF JUDGES; TERMS OF OFFICE; FILLING OF VACANCIES; PROCEDURE; VOTING FOR NOMINEE
(2) In all other cases, any vacancy shall be filled as provided by law.
(3) At the next general election following the expiration of three years from the date of appointment of any judge under the provisions of subsection (1) of this section and every six years thereafter as long as such judge retains office, each Justice or Judge of the Supreme Court or district court or such other court or courts as the Legislature shall provide shall have his right to remain in office subject to approval or rejection by the electorate in such manner as the Legislature shall provide; Provided, that every judge holding or elected to an office described in subsection (1) of this section on the effective date of this amendment whether by election or appointment, upon qualification shall be deemed to have been selected and to have once received the approval of the electorate as herein provided, and shall be required to submit his right to continue in office to the approval or rejection of the electorate at the general election next preceding the expiration of the term of office for which such judge was elected or appointed, and every six years thereafter. In the case of the Chief Justice of the Supreme Court, the electorate of the entire state shall vote on the question of approval or rejection. In the case of any Judge of the Supreme Court, other than the Chief Justice, and any judge of the district court or any other court made subject to subsection (1) of this section, the electorate of the district from which such judge was selected shall vote on the question of such approval or rejection.
(4) There shall be a judicial nominating commission for the Chief Justice of the Supreme Court and one for each judicial district of the Supreme Court and of the district court and one for each area or district served by any other court made subject to subsection (1) of this section by law. Each judicial nominating commission shall consist of nine members, one of whom shall be a Judge of the Supreme Court who shall be designated by the Governor and shall act as chairman, but shall not be entitled to vote. The members of the bar of the state residing in the area from which the nominees are to be selected shall designate four of their number to serve as members of said commission, and the Governor shall appoint four citizens, not admitted to practice law before the courts of the state, from among the residents of the same geographical area to serve as members of said commission. Not more than four of such voting members shall be of the same political party. The terms of office for members of each judicial nominating commission shall be staggered and shall be fixed by the Legislature. The nominees of any such commission cannot include a member of such commission or any person who has served as a member of such commission within a period of two years immediately preceding his nomination or for such additional period as the Legislature shall provide. The names of candidates shall be released to the public prior to a public hearing.
(5) Members of the nominating commission shall vote for the nominee of their choice by roll call. Each candidate must receive a majority of the voting members of the nominating commission to have his name submitted to the Governor.
Art. V §22 | STATE MAY SUE AND BE SUED
Art. V §23 | JURISDICTION OF JUDGES AT CHAMBERS
Art. V §24 | STYLE OF PROCESS
Art. V §25 | SUPREME COURT TO PROMULGATE RULES OF PRACTICE; TO MAKE RECOMMENDATIONS TO LEGISLATURE
Art. V §26 | PROVISO AS TO EFFECT OF AMENDMENT
Art. V §27 | JUVENILE COURTS; AUTHORIZATION
Art. V §28 | COMMISSION ON JUDICIAL QUALIFICATIONS; APPOINTMENT; COMPOSITION; QUALIFICATIONS
(2) three members of the Nebraska State Bar Association who shall have practiced law in this state for at least ten years and who shall be appointed by the Executive Council of the Nebraska State Bar Association;
(3) three citizens, none of whom shall be a Justice or Judge of the Supreme Court or judge of any court, active or retired, nor a member of the Nebraska State Bar Association, and who shall be appointed by the Governor; and
(4) the Chief Justice of the Supreme Court, who shall serve as its chairperson.
Art. V §29 | COMMISSION ON JUDICIAL QUALIFICATIONS; VOTE OF MAJORITY REQUIRED FOR ACTION
Art. V §30 | JUDGES; DISCIPLINE; REMOVAL FROM OFFICE; GROUNDS; PROCEDURE
(b) willful disregard of or failure to perform his or her duties,
(c) habitual intemperance,
(d) conviction of a crime involving moral turpitude,
(e) disbarment as a member of the legal profession licensed to practice law in the State of Nebraska, or
(f) conduct prejudicial to the administration of justice that brings the judicial office into disrepute, or he or she may be retired for physical or mental disability seriously interfering with the performance of his or her duties if such disability is determined to be permanent or reasonably likely to become permanent.
(2) The Supreme Court shall review the record of the proceedings and in its discretion may permit the introduction of additional evidence. The Supreme Court shall make such determination as it finds just and proper, and may order the reprimand, discipline, censure, suspension, removal, or retirement of such Justice or Judge of the Supreme Court or other judge, or may wholly reject the recommendation. Upon an order for retirement, the Justice or Judge of the Supreme Court or other judge shall thereby be retired with the same rights and privileges as if he or she had retired pursuant to statute. Upon an order for removal, the Justice or Judge of the Supreme Court or other judge shall be removed from office, his or her salary shall cease from the date of such order, and he or she shall be ineligible for judicial office. Upon an order for suspension, the Justice or Judge of the Supreme Court or other judge shall draw no salary and shall perform no judicial functions during the period of suspension. Suspension shall not create a vacancy in the office of Justice or Judge of the Supreme Court or other judge.
(3) Upon order of the Supreme Court, a Justice or Judge of the Supreme Court or other judge shall be disqualified from acting as a Justice or Judge of the Supreme Court or other judge, without loss of salary, while there is pending
(b) a recommendation to the Supreme Court by the Commission on Judicial Qualifications for his or her removal or retirement.
(b) may suspend a Justice or Judge of the Supreme Court or other judge from office without salary when in any court in the United States such justice or judge is found guilty of a crime punishable as a felony under Nebraska or federal law or of any other crime that involves moral turpitude.
(5) All papers filed with and proceedings before the commission or masters appointed by the Supreme Court pursuant to this section prior to a reprimand or formal open hearing shall be confidential. The filing of papers with and the testimony given before the commission or masters or the Supreme Court shall be deemed a privileged communication.
When the Commission on Judicial Qualifications determines that disciplinary action is warranted, whether it be a reprimand or otherwise, the Commission on Judicial Qualifications shall issue one or more short announcements confirming that a complaint has been filed; stating the subject and nature of the complaint, the disciplinary action recommended or reprimand issued, or the date of the hearing; clarifying the procedural aspects; and reciting the right of a judge to a fair hearing.
When the Commission on Judicial Qualifications determines that disciplinary action is not warranted, and the existence of any investigation or complaint has become publicly known, the judge against whom a complaint has been filed or investigation commenced may waive the confidentiality of papers and proceedings under this subsection.
The Supreme Court shall by rule provide for procedure under this section before the commission, the masters, and the Supreme Court.
(6) No Justice or Judge of the Supreme Court or other judge shall participate, as a member of the commission, or as a master, or as a member of the Supreme Court, in any proceedings involving his or her own reprimand, discipline, censure, suspension, removal, or retirement.
Art. V §31 | JUDGES; PROCEDURE FOR REMOVAL FROM OFFICE CUMULATIVE
Article VI
Suffrage
Art. VI §1 | QUALIFICATIONS OF ELECTORS
Art. VI §2 | WHO DISQUALIFIED
Art. VI §3 | MILITARY OR NAVAL SERVICE; PLACE AND MANNER OF VOTING
Art. VI §4 | REPEALED 1972. LAWS 1971, LB 339, SEC. 1
Art. VI §5 | ELECTORS; PRIVILEGED FROM ARREST
Art. VI §6 | VOTES, HOW CAST
Article VII
Education
Art. VII §1 | LEGISLATURE; FREE INSTRUCTION IN COMMON SCHOOLS; PROVIDE
Art. VII §2 | STATE DEPARTMENT OF EDUCATION; GENERAL SUPERVISION OF SCHOOL SYSTEM
Art. VII §3 | STATE BOARD OF EDUCATION; MEMBERS; ELECTION; MANNER OF ELECTION; TERM OF OFFICE
Art. VII §4 | STATE BOARD OF EDUCATION; COMMISSIONER OF EDUCATION; APPOINTMENT; POWERS; DUTIES
Art. VII §5 | FINES, PENALTIES, AND LICENSE MONEY; ALLOCATION; USE OF FORFEITED CONVEYANCES
(2) Fifty per cent of all money forfeited or seized pursuant to enforcement of the drug laws shall belong and be paid over to the counties for drug enforcement purposes as the Legislature may provide.
(3) Law enforcement agencies may use conveyances forfeited pursuant to enforcement of the drug laws as the Legislature may provide. Upon the sale of such conveyances, the proceeds shall be appropriated exclusively to the use and support of the common schools as provided in subsection (1) of this section.
Art. VII §6 | EDUCATIONAL LANDS; MANAGEMENT; BOARD OF EDUCATIONAL LANDS AND FUNDS; MEMBERS; APPOINTMENT; SALE OF LANDS
Art. VII §7 | PERPETUAL FUNDS ENUMERATED
Second. All money arising from the sale or leasing of sections number sixteen and thirty-six in each township in this state, and the lands selected, or that may be selected, in lieu thereof.
Third. The proceeds of all lands that have been, or may hereafter be, granted to this state, where by the terms and conditions of such grant the same are not to be otherwise appropriated.
Fourth. The net proceeds of lands and other property and effects that may come to this state, by escheat or forfeiture, or from unclaimed dividends, or distributive shares of the estates of deceased persons.
Fifth. All other property of any kind now belonging to the perpetual fund.
Art. VII §8 | TRUST FUNDS BELONG TO STATE FOR EDUCATIONAL PURPOSES; USE; INVESTMENT
Art. VII §9 | EDUCATIONAL FUNDS; TRUST FUNDS; USE; EARLY CHILDHOOD EDUCATION ENDOWMENT FUND; CREATED; USE; EARLY CHILDHOOD EDUCATION, DEFINED
(b) The income from the unsold school lands, except that costs of administration shall be deducted from the income before it is so applied;
(c) All other grants, gifts, and devises that have been or may hereafter be made to the state which are not otherwise appropriated by the terms of the grant, gift, or devise; and
(d) Such other support as the Legislature may provide.
(3)
(b) An amount equal to forty million dollars of the funds belonging to the state for common school and early childhood educational purposes operated by or distributed through the common schools described in Article VII, section 7, of this Constitution shall be allocated for the early childhood education endowment fund.
(c) Only interest or income on such early childhood education endowment fund may be appropriated as provided by the Legislature for the benefit of the common schools and for the exclusive purpose of supporting early childhood education in this state.
(d) For purposes of Article VII of this Constitution, early childhood education means programs operated by or distributed through the common schools promoting development and learning for children from birth to kindergarten-entrance age.
(e) If the annual income from twenty million dollars of private funding is not irrevocably committed by July 1, 2011, to the use of the early childhood education endowment fund, then the forty-million-dollar allocation pursuant to subdivision (3)(b) of this section may revert to the use of the common schools as the Legislature shall determine.
Art. VII §10 | UNIVERSITY OF NEBRASKA; GOVERNMENT; BOARD OF REGENTS; ELECTION; STUDENT MEMBERSHIP; TERMS
The Legislature shall divide the state, along county lines, into as many compact regent districts, as there are regents provided by the Legislature, of approximately equal population, which shall be numbered consecutively.
The Legislature shall redistrict the state after each federal decennial census. Such districts shall not be changed except upon the concurrence of a majority of the members of the Legislature. In any such redistricting, county lines shall be followed whenever practicable, but other established lines may be followed at the discretion of the Legislature. Whenever the state is so redistricted the members elected prior to the redistricting shall continue in office, and the law providing for such redistricting shall where necessary specify the newly established district which they shall represent for the balance of their term.
Art. VII §11 | APPROPRIATION OF PUBLIC FUNDS; HANDICAPPED CHILDREN; SECTARIAN INSTRUCTION; RELIGIOUS TEST OF TEACHER OR STUDENT
All public schools shall be free of sectarian instruction.
The state shall not accept money or property to be used for sectarian purposes; Provided, that the Legislature may provide that the state may receive money from the federal government and distribute it in accordance with the terms of any such federal grants, but no public funds of the state, any political subdivision, or any public corporation may be added thereto.
A religious test or qualification shall not be required of any teacher or student for admission or continuance in any school or institution supported in whole or in part by public funds or taxation.
Notes
Art. VII §12 | EDUCATION AND REFORM OF MINORS
Art. VII §13 | STATE COLLEGES; GOVERNMENT; BOARD; NAME; SELECTION; DUTIES; COMPENSATION
Art. VII §14 | COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION; MEMBERSHIP; POWERS AND DUTIES; COORDINATION, DEFINED
Coordination shall mean:
(b) plans for facilities which utilize tax funds designated by the Legislature;
(3) Authority to review and modify, if needed to promote compliance and consistency with the comprehensive statewide plan and prevent unnecessary duplication, the budget requests of the Board of Regents of the University of Nebraska, the Board of Trustees of the Nebraska State Colleges, any board or boards established for the community colleges, or any other governing board for any other public postsecondary educational institution which may be established by the Legislature.
Nothing in this section providing for statewide coordination shall limit or require the use of property tax revenue by and for community colleges.
The commission shall consist of eleven members, residents of the state or the districts for which appointed, who shall be appointed by the Governor with the approval of a majority of the Legislature. Six of the members shall be chosen from six districts of approximately equal population and five shall be chosen on a statewide basis.
The terms of the members of the commission shall be six years or until a successor is qualified and takes office, except that of the members initially appointed, four members shall serve for terms of two years and four members shall serve for terms of four years. The members of the commission shall receive no compensation for the performance of their duties but may be reimbursed their actual and necessary expenses.
Art. VII §15 | OMITTED
Notes
Art. VII §16 | REPEALED 1972. LAWS 1972, LB 1023, SEC. 1
Art. VII §17 | REPEALED 1972. LAWS 1972, LB 1023, SEC. 1
Article VIII
Revenue
Art. VIII §1 | REVENUE; RAISED BY TAXATION; LEGISLATIVE POWERS
(2) tangible personal property, as defined by the Legislature, not exempted by this Constitution or by legislation, shall all be taxed at depreciated cost using the same depreciation method with reasonable class lives, as determined by the Legislature, or shall all be taxed by valuation uniformly and proportionately;
(3) the Legislature may provide for a different method of taxing motor vehicles and may also establish a separate class of motor vehicles consisting of those owned and held for resale by motor vehicle dealers which shall be taxed in the manner and to the extent provided by the Legislature and may also establish a separate class for trucks, trailers, semitrailers, truck-tractors, or combinations thereof, consisting of those owned by residents and nonresidents of this state, and operating in interstate commerce, and may provide reciprocal and proportionate taxation of such vehicles. The tax proceeds from motor vehicles taxed in each county shall be allocated to the county and the cities, villages, and school districts of such county;
(4) the Legislature may provide that agricultural land and horticultural land, as defined by the Legislature, shall constitute a separate and distinct class of property for purposes of taxation and may provide for a different method of taxing agricultural land and horticultural land which results in values that are not uniform and proportionate with all other real property and franchises but which results in values that are uniform and proportionate upon all property within the class of agricultural land and horticultural land;
(5) the Legislature may enact laws to provide that the value of land actively devoted to agricultural or horticultural use shall for property tax purposes be that value which such land has for agricultural or horticultural use without regard to any value which such land might have for other purposes or uses;
(6) the Legislature may prescribe standards and methods for the determination of the value of real property at uniform and proportionate values;
(7) in furtherance of the purposes for which such a law of the United States has been adopted, whenever there exists a law of the United States which is intended to protect a specifically designated type, use, user, or owner of property or franchise from discriminatory state or local taxation, such property or franchise shall constitute a separate class of property or franchise under the laws of the State of Nebraska, and such property or franchise may not be taken into consideration in determining whether taxes are levied by valuation uniformly or proportionately upon any property or franchise, and the Legislature may enact laws which statutorily recognize such class and which tax or exempt from taxation such class of property or franchise in such manner as it determines; and
(8) the Legislature may provide that livestock shall constitute a separate and distinct class of property for purposes of taxation and may further provide for reciprocal and proportionate taxation of livestock located in this state for only part of a year.
Notes
Art. VIII §1A | LEVY OF PROPERTY TAX FOR STATE PURPOSES; PROHIBITION
Art. VIII §1B | INCOME TAX; MAY BE BASED UPON THE LAWS OF THE UNITED STATES
Art. VIII §2 | EXEMPTION OF PROPERTY FROM TAXATION; CLASSIFICATION
(2) the Legislature by general law may classify and exempt from taxation property owned by and used exclusively for agricultural and horticultural societies and property owned and used exclusively for educational, religious, charitable, or cemetery purposes, when such property is not owned or used for financial gain or profit to either the owner or user;
(3) household goods and personal effects, as defined by law, may be exempted from taxation in whole or in part, as may be provided by general law, and the Legislature may prescribe a formula for the determination of value of household goods and personal effects;
(4) the Legislature by general law may provide that the increased value of land by reason of shade or ornamental trees planted along the highway shall not be taken into account in the assessment of such land;
(5) the Legislature, by general law and upon any terms, conditions, and restrictions it prescribes, may provide that the increased value of real property resulting from improvements designed primarily for energy conservation may be exempt from taxation;
(6) the value of a home substantially contributed by the United States Department of Veterans Affairs for a paraplegic veteran or multiple amputee shall be exempt from taxation during the life of such veteran or until the death or remarriage of his or her surviving spouse;
(7) the Legislature may exempt from an intangible property tax life insurance and life insurance annuity contracts and any payment connected therewith and any right to pension or retirement payments;
(8) the Legislature may exempt inventory from taxation;
(9) the Legislature may define and classify personal property in such manner as it sees fit, whether by type, use, user, or owner, and may exempt any such class or classes of property from taxation if such exemption is reasonable or may exempt all personal property from taxation;
(10) no property shall be exempt from taxation except as permitted by or as provided in this Constitution;
(11) the Legislature may by general law provide that a portion of the value of any residence actually occupied as a homestead by any classification of owners as determined by the Legislature shall be exempt from taxation; and
(12) the Legislature may by general law, and upon any terms, conditions, and restrictions it prescribes, provide that the increased value of real property resulting from improvements designed primarily for the purpose of renovating, rehabilitating, or preserving historically significant real property may be, in whole or in part, exempt from taxation.
Art. VIII §2B | EXEMPTION OF PERSONAL PROPERTY IN TRANSIT IN LICENSED WAREHOUSES OR STORAGE AREAS
Art. VIII §3 | REDEMPTION FROM SALES OF REAL ESTATE FOR TAXES
Art. VIII §4 | LEGISLATURE HAS NO POWER TO REMIT TAXES; EXCEPTION; CANCELLATION OF TAXES ON LAND ACQUIRED BY THE STATE
Art. VIII §5 | COUNTY TAXES; LIMITATION
Art. VIII §6 | LOCAL IMPROVEMENTS OF CITIES, TOWNS AND VILLAGES
Art. VIII §7 | PRIVATE PROPERTY NOT LIABLE FOR CORPORATE DEBTS; MUNICIPALITIES AND INHABITANTS EXEMPT FOR CORPORATE PURPOSES
Art. VIII §8 | FUNDING INDEBTEDNESS; WARRANTS
Art. VIII §9 | CLAIMS UPON TREASURY; ADJUSTMENT; APPROVAL; APPEAL
Art. VIII §10 | TAXATION OF GRAIN AND SEED; ALTERNATIVE BASIS PERMITTED
Art. VIII §11 | PUBLIC CORPORATIONS AND POLITICAL SUBDIVISIONS PROVIDING ELECTRICITY; PAYMENT IN LIEU OF TAXES
The legislature may require each such public corporation to pay to the treasurer of any county in which may be located any incorporated city or village, within the limits of which such public corporation sells electricity at retail, a sum equivalent to five (5) per cent of the annual gross revenue of such public corporation derived from retail sales of electricity within such city or village, less an amount equivalent to the 1957 payments in lieu of taxes made by such public corporation with respect to property or operations in any such city or village. The payments in lieu of tax as made in 1957, together with any payments made as authorized in this section shall be in lieu of all other taxes, payments in lieu of taxes, franchise payments, occupation and excise taxes, but shall not be in lieu of motor vehicle licenses and wheel taxes, permit fees, gasoline tax and other such excise taxes or general sales taxes levied against the public generally.
So much of such five (5) per cent as is in excess of an amount equivalent to the amount paid by such public corporation in lieu of taxes in 1957 shall be distributed in each year to the city or village, the school districts located in such city or village, the county in which such city or village is located, and the State of Nebraska, in the proportion that their respective property tax mill levies in each such year bear to the total of such mill levies.
Notes
Art. VIII §12 | CITIES OR VILLAGES; REDEVELOPMENT PROJECT; SUBSTANDARD AND BLIGHTED PROPERTY; INCUR INDEBTEDNESS; TAXES; HOW TREATED
When such indebtedness and the interest thereon have been paid in full, such property thereafter shall be taxed as is other property in the respective taxing jurisdictions and such taxes applied as all other taxes of the respective taxing bodies.
Art. VIII §13 | REVENUE LAWS AND LEGISLATIVE ACTS; HOW CONSTRUED
Article IX
Counties
Art. IX §1 | AREA
Art. IX §2 | DIVISION OF COUNTY; DECISION OF QUESTION
Art. IX §3 | COUNTY ADDED TO ANOTHER; PRIOR INDEBTEDNESS; COUNTY STRICKEN OFF; LIABILITIES
Art. IX §4 | COUNTY AND TOWNSHIP OFFICERS
Art. IX §5 | TOWNSHIP ORGANIZATION
Article X
Public Service Corporations
Art. X §1 | REPORTS UNDER OATH
Art. X §2 | PROPERTY LIABLE TO SALE ON EXECUTION
Art. X §3 | CONSOLIDATION OF STOCK OR PROPERTY
Art. X §4 | RAILWAYS DECLARED PUBLIC HIGHWAYS; MAXIMUM RATES; LIABILITY NOT LIMITED
Art. X §5 | CAPITAL STOCK; DIVIDENDS
Art. X §6 | EMINENT DOMAIN
Art. X §7 | UNJUST DISCRIMINATION AND EXTORTION
Art. X §8 | EMINENT DOMAIN FOR DEPOT OR OTHER USES
Article XI
Municipal Corporations
Art. XI §1 | SUBSCRIPTION TO STOCK PROHIBITED; EXCEPTION
Art. XI §2 | CITY OF 5,000 MAY FRAME CHARTER; PROCEDURE
Art. XI §3 | REJECTION OF CHARTER; EFFECT; PROCEDURE TO FRAME NEW CHARTER
Art. XI §4 | CHARTER; AMENDMENT; CHARTER CONVENTION
No charter or charter amendment adopted under the provisions of this amendment shall be amended or repealed except by electoral vote. And no such charter or charter amendment shall diminish the tax rate for state purposes fixed by act of the Legislature, or interfere in any wise with the collection of state taxes.
Art. XI §5 | CHARTER OF CITY OF 100,000; HOME RULE CHARTER AUTHORIZED
Article XII
Miscellaneous Corporations
Art. XII §1 | LEGISLATURE TO PROVIDE FOR ORGANIZATION, REGULATION, AND SUPERVISION OF CORPORATIONS AND ASSOCIATIONS; LIMITATION; ELECTIONS FOR DIRECTORS OR MANAGERS; VOTING RIGHTS OF STOCKHOLDERS
Art. XII §2 | REPEALED 1972. LAWS 1971, LB 762, SEC. 1
Art. XII §3 | REPEALED 1972. LAWS 1971, LB 762, SEC. 1
Art. XII §4 | REPEALED 1972. LAWS 1971, LB 762, SEC. 1
Art. XII §5 | REPEALED 1972. LAWS 1971, LB 762, SEC. 1
Art. XII §6 | REPEALED 1972. LAWS 1971, LB 762, SEC. 1
Art. XII §7 | REPEALED 1938. LAWS 1937, C. 18, SEC. 1, P. 124
Art. XII §8 | CORPORATION ACQUIRING AN INTEREST IN REAL ESTATE USED FOR FARMING OR RANCHING OR ENGAGING IN FARMING OR RANCHING; RESTRICTIONS; SECRETARY OF STATE, ATTORNEY GENERAL; DUTIES; LEGISLATURE; POWERS
Sec. 8(1) No corporation or syndicate shall acquire, or otherwise obtain an interest, whether legal, beneficial, or otherwise, in any title to real estate used for farming or ranching in this state, or engage in farming or ranching.
Corporation shall mean any corporation organized under the laws of any state of the United States or any country or any partnership of which such corporation is a partner.
Farming or ranching shall mean
(ii) the ownership, keeping or feeding of animals for the production of livestock or livestock products.
- These restrictions shall not apply to:
- (A) A family farm or ranch corporation. Family farm or ranch corporation shall mean a corporation engaged in farming or ranching or the ownership of agricultural land, in which the majority of the voting stock is held by members of a family, or a trust created for the benefit of a member of that family, related to one another within the fourth degree of kindred according to the rules of civil law, or their spouses, at least one of whom is a person residing on or actively engaged in the day to day labor and management of the farm or ranch and none of whose stockholders are non-resident aliens and none of whose stockholders are corporations or partnerships, unless all of the stockholders or partners of such entities are persons related within the fourth degree of kindred to the majority of stockholders in the family farm corporation.
- These restrictions shall not apply to:
- (B) Non-profit corporations.
- These restrictions shall not apply to:
- (C) Nebraska Indian tribal corporations.
- These restrictions shall not apply to:
- (D) Agricultural land, which, as of the effective date of this Act, is being farmed or ranched, or which is owned or leased, or in which there is a legal or beneficial interest in title directly or indirectly owned, acquired, or obtained by a corporation or syndicate, so long as such land or other interest in title shall be held in continuous ownership or under continuous lease by the same such corporation or syndicate, and including such additional ownership or leasehold as is reasonably necessary to meet the requirements of pollution control regulations. For the purposes of this exemption, land purchased on a contract signed as of the effective date of this amendment, shall be considered as owned on the effective date of this amendment.
- These restrictions shall not apply to:
- (E) A farm or ranch operated for research or experimental purposes, if any commercial sales from such farm or ranch are only incidental to the research or experimental objectives of the corporation or syndicate.
- These restrictions shall not apply to:
- (F) Agricultural land operated by a corporation for the purpose of raising poultry.
- These restrictions shall not apply to:
- (G) Land leased by alfalfa processors for the production of alfalfa.
- These restrictions shall not apply to:
- (H) Agricultural land operated for the purpose of growing seed, nursery plants, or sod.
- These restrictions shall not apply to:
- (I) Mineral rights on agricultural land.
- These restrictions shall not apply to:
- (J) Agricultural land acquired or leased by a corporation or syndicate for immediate or potential use for nonfarming or nonranching purposes. A corporation or syndicate may hold such agricultural land in such acreage as may be necessary to its nonfarm or nonranch business operation, but pending the development of such agricultural land for nonfarm or nonranch purposes, not to exceed a period of five years, such land may not be used for farming or ranching except under lease to a family farm or ranch corporation or a non-syndicate and non-corporate farm or ranch.
- These restrictions shall not apply to:
- (K) Agricultural lands or livestock acquired by a corporation or syndicate by process of law in the collection of debts, or by any procedures for the enforcement of a lien, encumbrance, or claim thereon, whether created by mortgage or otherwise. Any lands so acquired shall be disposed of within a period of five years and shall not be used for farming or ranching prior to being disposed of, except under a lease to a family farm or ranch corporation or a non-syndicate and non-corporate farm or ranch.
- These restrictions shall not apply to:
- (L) A bona fide encumbrance taken for purposes of security.
- These restrictions shall not apply to:
- (M) Custom spraying, fertilizing, or harvesting.
- These restrictions shall not apply to:
- (N) Livestock futures contracts, livestock purchased for slaughter, or livestock purchased and resold within two weeks.
The Secretary of State shall monitor corporate and syndicate agricultural land purchases and corporate and syndicate farming and ranching operations, and notify the Attorney General of any possible violations. If the Attorney General has reason to believe that a corporation or syndicate is violating this amendment, he or she shall commence an action in district court to enjoin any pending illegal land purchase, or livestock operation, or to force divestiture of land held in violation of this amendment. The court shall order any land held in violation of this amendment to be divested within two years. If land so ordered by the court has not been divested within two years, the court shall declare the land escheated to the State of Nebraska.
If the Secretary of State or Attorney General fails to perform his or her duties as directed by this amendment, Nebraska citizens and entities shall have standing in district court to seek enforcement.
The Nebraska Legislature may enact, by general law, further restrictions prohibiting certain agricultural operations that the legislature deems contrary to the intent of this section.
Notes
Note: Proclamation by the Governor occurred on November 29, 1982.
Article XIII
State, County, and Municipal Indebtedness
Art. XIII §1 | STATE MAY CONTRACT DEBTS; LIMITATION; EXCEPTIONS
(2) the construction of water retention and impoundment structures for the purposes of water conservation and management will promote the general welfare of the state, it may authorize the issuance of revenue bonds for such construction, and for the payment of the interest and the retirement of such bonds it may pledge all or any part of any state revenue derived from the use of such structures; and provided further, that the Board of Regents of the University of Nebraska, the Board of Trustees of the Nebraska State Colleges, and the State Board of Education may issue revenue bonds to construct, purchase, or otherwise acquire, extend, add to, remodel, repair, furnish, and equip dormitories, residence halls, single or multiple dwelling units, or other facilities for the housing and boarding of students, single or married, and faculty or other employees, buildings and structures for athletic purposes, student unions or centers, and for the medical care and physical development and activities of students, and buildings or other facilities for parking, which bonds shall be payable solely out of revenue, fees, and other payments derived from the use of the buildings and facilities constructed or acquired, including buildings and facilities heretofore or hereafter constructed or acquired, and paid for out of the proceeds of other issues of revenue bonds, and the revenue, fees, and payments so pledged need not be appropriated by the Legislature, and any such revenue bonds heretofore issued by either of such boards are hereby authorized, ratified, and validated.
Art. XIII §2 | INDUSTRIAL AND ECONOMIC DEVELOPMENT; POWERS OF COUNTIES AND MUNICIPALITIES
Notwithstanding any other provision in the Constitution, the Legislature may also authorize any incorporated city or village, including cities operating under home rule charters, to appropriate such funds as may be deemed necessary for an economic or industrial development project or program subject to approval by a vote of a majority of the registered voters of such city or village voting upon the question. Subject to such vote, funds may be derived from property tax, local option sales tax, or any other general tax levied by the city or village or generated from municipally owned utilities or grants, donations, or state and federal funds received by the city or village subject to any restrictions of the grantor, donor, or state or federal law.
Art. XIII §3 | CREDIT OF STATE; EXCEPTION
Art. XIII §4 | NONPROFIT ENTERPRISE DEVELOPMENT; POWERS OF COUNTIES AND MUNICIPALITIES
Article XIV
Militia
Art. XIV §1 | PERSONNEL; ORGANIZATION; DISCIPLINE
Article XV
Miscellaneous Provisions
Art. XV §1 | OFFICIAL OATH; REFUSAL; DISQUALIFICATION
"I do solemnly swear (or affirm) that I will support the constitution of the United States, and the constitution of the State of Nebraska, and will faithfully discharge the duties of .......... according to the best of my ability, and that at the election at which I was chosen to fill said office, I have not improperly influenced in any way the vote of any elector, and have not accepted, nor will I accept or receive, directly or indirectly, any money or other valuable thing from any corporation, company or person, or any promise of office, for any official act or influence (for any vote I may give or withhold on any bill, resolution, or appropriation)."Any such officer or member of the legislature who shall refuse to take the oath herein prescribed, shall forfeit his office, and any person who shall be convicted of having sworn falsely to, or of violating his said oath shall forfeit his office, and thereafter be disqualified from holding any office of profit or trust in this state unless he shall have been restored to civil rights.
Art. XV §2 | OFFICIAL IN DEFAULT AS COLLECTOR AND CUSTODIAN OF PUBLIC MONEY OR PROPERTY; DISQUALIFICATION; FELON DISQUALIFIED
Art. XV §3 | REPEALED 1986. LAWS 1986, LR 318, SEC. 1
Art. XV §4 | WATER A PUBLIC NECESSITY
Art. XV §5 | USE OF WATER DEDICATED TO PEOPLE
Art. XV §6 | RIGHT TO DIVERT UNAPPROPRIATED WATERS
Art. XV §7 | USE OF WATER FOR POWER PURPOSES
Art. XV §8 | EMPLOYMENT OF WOMEN AND CHILDREN; MINIMUM WAGE
Art. XV §9 | CONTROVERSIES BETWEEN EMPLOYERS AND EMPLOYEES; INDUSTRIAL COMMISSION; APPEALS
Art. XV §10 | REPEALED 1934. LAWS 1933, C. 94, SEC. 1, P. 376
Art. XV §11 | REPEALED 1972. LAWS 1971, LB 502, SEC. 1
Art. XV §12 | REMOVAL OF STATE CAPITAL
Art. XV §13 | LABOR ORGANIZATIONS; NO DENIAL OF EMPLOYMENT; CLOSED SHOP NOT PERMITTED
Art. XV §14 | LABOR ORGANIZATION; DEFINITION
Art. XV §15 | LABOR ORGANIZATIONS; AMENDMENT SELF-EXECUTING; LAWS TO FACILITATE OPERATION PERMITTED
Art. XV §16 | REPEALED 1972. LAWS 1971, LB 688, SEC. 1
Art. XV §17 | RETIREMENT AND PENSION FUNDS; INVESTMENT
(2) The Legislature may authorize the investment of retirement or pension funds of cities, villages, school districts, public power districts, and other governmental or political subdivisions in such manner and in such investments as the governing body of such city, village, school district, public power district and other governmental or political subdivision may determine but subject to such limitations as the Legislature may by statute provide.
Art. XV §18 | GOVERNMENTAL POWERS AND FUNCTIONS; INTERGOVERNMENTAL COOPERATION; LEGISLATURE MAY LIMIT; MERGER OR CONSOLIDATION OF COUNTIES OR OTHER LOCAL GOVERNMENTS AUTHORIZED
(2) The Legislature may provide for the merger or consolidation of counties or other local governments. No merger or consolidation of municipalities or counties shall occur without the approval of a majority of the people voting in each municipality or county to be merged or consolidated as provided by law. If the proposal is a merger or consolidation of one or more municipalities with one or more counties, the vote shall be tabulated in each municipality in the county or counties separately from the areas of the county or counties outside the boundaries of the municipalities. If the merger or consolidation is not approved by a majority of voters voting in the election in a municipality proposed to be merged or consolidated or the areas of the county or counties outside the boundaries of such municipality or municipalities, the proposed merger or consolidation shall be deemed rejected. Any merger or consolidation of local governments may be initiated by petition as provided by law. Annexation shall not be considered a merger or consolidation for purposes of this section. If the Legislature provides for the merger or consolidation of one or more municipalities with one or more counties, the Legislature shall provide for the reversal of the merger or consolidation. No such reversal shall occur without voter approval. The vote shall be tabulated in each municipality which is proposed to be created by the reversal separately from the areas outside the boundaries of the proposed municipalities. If the reversal is not approved by a majority of voters voting in the election in the area within the boundaries of any proposed municipality or the areas outside the proposed municipalities, the reversal shall be deemed rejected.
Art. XV §19 | LIQUOR LICENSES; MUNICIPALITIES AND COUNTIES; POWERS
Art. XV §20 | OMITTED
Notes
Art. XV §21 | OMITTED
Notes
Art. XV §22 | OMITTED
Notes
Art. XV §23 | OMITTED
Notes
Art. XV §24 | OMITTED
Notes
Art. XV §25 | RIGHT TO HUNT, TO FISH, AND TO HARVEST WILDLIFE; PUBLIC HUNTING, FISHING, AND HARVESTING OF WILDLIFE; PREFERRED MEANS OF MANAGING AND CONTROLLING WILDLIFE
Art. XV §26 | POLITICAL SUBDIVISION; REVENUES; COMMERCIAL PASSENGER AIR SERVICE
Article XVI
Amendments
Art. XVI §1 | HOW PROPOSED
Art. XVI §2 | CONVENTION
Article XVII
Schedule
Art. XVII §1 | TERMS; REFERENCE TO MEMBERS OF THE LEGISLATURE TO INCLUDE APPOINTED AND ELECTED MEMBERS
Art. XVII §2 | REPEALED 1972. LAWS 1971, LB 504, SEC. 1
Art. XVII §3 | REPEALED 1972. LAWS 1971, LB 504, SEC. 1
Art. XVII §4 | GENERAL ELECTION OF STATE
Art. XVII §5 | TERMS OF OFFICE OF ALL ELECTED OFFICERS
Art. XVII §6 | TRANSFERRED TO ARTICLE III, SECTION 30, CONSTITUTION OF NEBRASKA
Art. XVII §7 | REPEALED 1972. LAWS 1971, LB 504, SEC. 1
Art. XVII §8 | REPEALED 1972. LAWS 1971, LB 504, SEC. 1
Art. XVII §9 | REPEALED 1998. LAWS 1997, LR 17CA, SEC. 3
Art. XVII §10 | SEC. 10. (FAILED TO CARRY AT ELECTION.)
Notes
Art. XVII §11 | REPEALED 1972. LAWS 1971, LB 504, SEC. 1
Article XVIII
Term Limits on Congress
Art. XVIII §1 | STATEMENT OF INTENT
The career politicians dominating Congress have a conflict of interest that prevents Congress from being what the founders intended, the branch of government closest to the people. The politicians have refused to heed the will of the people for term limits; they have voted to dramatically raise their own pay; they have provided lavish million-dollar pensions for themselves; and they have granted themselves numerous other privileges at the expense of the people. Most importantly, members of Congress have enriched themselves while running up huge deficits to support their spending. They have put the government nearly $5,000,000,000,000.00 (five trillion dollars) in debt, gravely threatening the future of our children and grandchildren.
The corruption and appearance of corruption brought about by political careerism is destructive to the proper functioning of the first branch of our representative government. Congress has grown increasingly distant from the people of the states. The people have the sovereign right and compelling interest in creating a citizen Congress that will more effectively protect our freedom and prosperity. This interest and right may not effectively be served in any way other than that proposed by this initiative.
We hereby state our intention on behalf of the people of Nebraska, that this initiative lead to the adoption of the following amendment to the United States Constitution:
CONGRESSIONAL TERM LIMITS AMENDMENT TO
THE UNITED STATES CONSTITUTION
Section 1. No person shall serve in the office of United States Representative for more than three terms, but upon ratification of this amendment no person who has held the office of United States Representative or who then holds the office shall serve for more than two additional terms.Section 2. No person shall serve in the office of United States Senator for more than two terms, but upon ratification of this amendment no person who has held the office of United States Senator or who then holds the office shall serve for more than one additional term.
Section 3. This article shall have no time limit within which it must be ratified to become operative upon the ratification of the legislatures of three-fourths of the several states.
Therefore, we the people of the State of Nebraska, have chosen to amend the Constitution of Nebraska to inform voters regarding incumbent and nonincumbent federal and state candidates' support for the congressional term limits amendment provided for in this section.
Art. XVIII §2 | INSTRUCTION TO MEMBERS OF CONGRESSIONAL DELEGATION; BALLOT NOTATION; WHEN
(2) All primary and general election ballots shall have printed the information "DISREGARDED VOTERS INSTRUCTION ON TERM LIMITS" adjacent to the name of any United States Senator or United States Representative who:
(b) Fails to second such proposed congressional term limits amendment if it lacks for a second before any proceeding of the legislative body;
(c) Fails to propose or otherwise bring to a vote of the full legislative body such proposed congressional term limits amendment if it otherwise lacks a legislator who so proposes or brings to a vote of the full legislative body such proposed congressional term limits amendment;
(d) Fails to vote in favor of all votes bringing such proposed congressional term limits amendment before any committee or subcommittee of the respective house upon which he or she serves;
(e) Fails to reject any attempt to delay, table, or otherwise prevent a vote by the full legislative body of such proposed congressional term limits amendment;
(f) Fails to vote against any proposed constitutional amendment that would establish longer term limits than those in the proposed congressional term limits amendment set forth in Article XVIII, section 1, of this Constitution, regardless of any other actions in support of such proposed congressional term limits amendment;
(g) Sponsors or cosponsors any proposed constitutional amendment or law that would increase term limits beyond those in the proposed congressional term limits amendment set forth in Article XVIII, section 1, of this Constitution; or
(h) Fails in any way to ensure that all votes on congressional term limits are recorded and made available to the public.
Notes
Art. XVIII §3 | NONINCUMBENT CANDIDATES; TERM LIMITS PLEDGE; BALLOT NOTATION; WHEN
(2) The "Term Limits Pledge" shall be offered to nonincumbent candidates for the United States Senate, the United States House of Representatives, and the Legislature until a constitutional amendment which limits the number of terms of United States Senators to no more than two and United States Representatives to no more than three has become part of our United States Constitution.
(3) The "Term Limits Pledge" that each nonincumbent candidate, set forth in subsections (1) and (2) of this section, shall be offered is as follows: I support term limits and pledge to use all my legislative powers to enact the proposed constitutional amendment to the United States Constitution set forth in Article XVIII, section 1, of this Constitution. If elected, I pledge to vote in such a way that the designation "DISREGARDED VOTERS INSTRUCTION ON TERM LIMITS" will not appear adjacent to my name.
Signature of Candidate
Notes
Art. XVIII §4 | INSTRUCTION TO MEMBERS OF THE LEGISLATURE; BALLOT NOTATION; WHEN
(2) Application: We, the people and the Legislature, due to our desire to establish term limits on Congress, hereby make application to Congress, pursuant to our power under Article V of the United States Constitution, to call a convention for proposing amendments to the United States Constitution.
(3) All primary and general election ballots shall have the information "DISREGARDED VOTERS INSTRUCTION ON TERM LIMITS" printed adjacent to the name of any respective member of the Legislature who:
(b) Fails to second the application if it lacks for a second;
(c) Fails to vote in favor of all votes bringing the application before any committee or subcommittee upon which he or she serves;
(d) Fails to propose or otherwise bring to a vote of the full legislative body the application if it otherwise lacks a legislator who so proposes or brings to a vote of the full legislative body the application;
(e) Fails to vote against any attempt to delay, table, or otherwise prevent a vote by the full legislative body on the application;
(f) Fails in any way to ensure that all votes on the application are recorded and made available to the public;
(g) Fails to vote against any change, addition, or modification to the application;
(h) Fails to vote in favor of the congressional term limits amendment if it is sent to the states for ratification; or
(i) Fails to vote against any term limits amendment with longer terms if such an amendment is sent to the states for ratification.
(5) The information "DISREGARDED VOTERS INSTRUCTION ON TERM LIMITS" shall not appear adjacent to the names of candidates for the Legislature as required by subdivisions (3)(h) and (3)(i) of this section if the State of Nebraska has ratified the proposed congressional term limits amendment set forth in Article XVIII, section 1, of this Constitution.
(6) The information "DISREGARDED VOTERS INSTRUCTION ON TERM LIMITS" shall not appear adjacent to the names of candidates for the Legislature as required by subdivisions (3)(a) through (3)(i) of this section if the proposed congressional term limits amendment set forth in Article XVIII, section 1, of this Constitution, has become part of the United States Constitution.
Notes
Art. XVIII §5 | BALLOT NOTATION; SECRETARY OF STATE; DUTIES; APPEAL
(2) The Secretary of State shall consider timely submitted public comments prior to making the determination required in subsection (1) of this section.
(3) The Secretary of State, in accordance with subsection (1) of this section, shall determine and declare what information, if any, shall appear adjacent to the name of each incumbent member of Congress if he or she was to be a candidate in the next election. In the case of United States Representatives and United States Senators, this determination and declaration shall be made in a fashion necessary to ensure the orderly printing of primary and general election ballots with allowance made for all legal action provided in subsections (5) and (6) of this section, and shall be based upon his or her action during his or her current term of office and any action taken in any concluded term, if such action was taken after the determination and declaration was made by the Secretary of State in a previous election. In the case of incumbent members of the Legislature, this determination and declaration shall be made not later than thirty days after the end of the regular session following each general election, and shall be based upon legislative action in the previous regular session.
(4) The Secretary of State shall determine and declare what information, if any, will appear adjacent to the names of nonincumbent candidates for Congress and the Legislature, not later than five business days after the deadline for filing for the office.
(5) If the Secretary of State makes the determination that the information "DISREGARDED VOTERS INSTRUCTION ON TERM LIMITS" or "DECLINED TO PLEDGE TO SUPPORT TERM LIMITS" shall not be placed on the ballot adjacent to the name of a candidate for the United States Senate, the United States House of Representatives, or the Legislature, any elector may appeal such decision within five business days to the Nebraska Supreme Court as an original action or shall waive any right to appeal such decision; in which case the burden of proof shall be upon the Secretary of State to demonstrate by clear and convincing evidence that the candidate has met the requirements set forth in this article and therefore should not have the information "DISREGARDED VOTERS INSTRUCTION ON TERM LIMITS" or "DECLINED TO PLEDGE TO SUPPORT TERM LIMITS" printed on the ballot adjacent to the candidate's name.
(6) If the Secretary of State determines that the information "DISREGARDED VOTERS INSTRUCTION ON TERM LIMITS" or "DECLINED TO PLEDGE TO SUPPORT TERM LIMITS" shall be placed on the ballot adjacent to a candidate's name, the candidate or any elector may appeal such decision within five business days to the Nebraska Supreme Court as an original action or shall waive any right to appeal such decision; in which case the burden of proof shall be upon the candidate or any elector to demonstrate by clear and convincing evidence that the candidate should not have the information "DISREGARDED VOTERS INSTRUCTION ON TERM LIMITS" or "DECLINED TO PLEDGE TO SUPPORT TERM LIMITS" printed on the ballot adjacent to the candidate's name.
(7) The Nebraska Supreme Court shall hear the appeal provided for in subsection (5) of this section and issue a decision within sixty days. The Nebraska Supreme Court shall hear the appeal provided for in subsection (6) of this section and issue a decision not later than sixty-one days before the date of the election.
Notes
Art. XVIII §6 | AUTOMATIC REPEAL; WHEN
Art. XVIII §7 | LEGAL CHALLENGE; JURISDICTION
Art. XVIII §8 | SEVERABILITY
This material might help you recover from the damages that lawbreaking judges/lawyers/agencies/organizations have inflicted upon you [and/or the public] (see this example of a Florida judge who outright committed perjury).
Perhaps it'll [even] help you navigate through your state's administrative gauntlet. A gauntlet which might include – but not be limited to:
- State Agency Bribery;
- State Agency Corruption;
- State Agency Obstruction; and
- State Agency Self-Discrimination
Sincerely,
www.TextBookDiscrimination.com
