Nebraska State Constitution Article III-10

Nebraska State Constitution » III-10
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III-10. Legislative sessions; time; quorum; rules of procedure; expulsion of members; disrespectful behavior, penalty.

Beginning with the year 1975, regular sessions of the Legislature shall be held annually, commencing at 10 a.m. on the first Wednesday after the first Monday in January of each year. The duration of regular sessions held shall not exceed ninety legislative days in odd-numbered years unless extended by a vote of four-fifths of all members elected to the Legislature, and shall not exceed sixty legislative days in even-numbered years unless extended by a vote of four-fifths of all members elected to the Legislature. Bills and resolutions under consideration by the Legislature upon adjournment of a regular session held in an odd-numbered year may be considered at the next regular session, as if there had been no such adjournment. The Lieutenant Governor shall preside, but shall vote only when the Legislature is equally divided. A majority of the members elected to the Legislature shall constitute a quorum; the Legislature shall determine the rules of its proceedings and be the judge of the election, returns, and qualifications of its members, shall choose its own officers, including a Speaker to preside when the Lieutenant Governor shall be absent, incapacitated, or shall act as Governor. No member shall be expelled except by a vote of two-thirds of all members elected to the Legislature, and no member shall be twice expelled for the same offense. The Legislature may punish by imprisonment any person not a member thereof who shall be guilty of disrespect to the Legislature by disorderly or contemptuous behavior in its presence, but no such imprisonment shall extend beyond twenty-four hours at one time, unless the person shall persist in such disorderly or contemptuous behavior.

Source

    Neb. Const. art. III, sec. 7 (1875);
    Amended 1934, Initiative Measure No. 330;
    Amended 1970, Laws 1969, c. 415, sec. 1, p. 1424;
    Amended 1974, Laws 1974, LB 598, sec. 1.

Annotations

    This section applies to all but final passage of a legislative bill. Center Bank v. Dept. of Banking & Finance, 210 Neb. 227, 313 N.W.2d 661 (1981).

    Legislature may provide by its rules for reconsideration of confirmation of appointments. State ex rel. Johnson v. Hagemeister, 161 Neb. 475, 73 N.W.2d 625 (1955).

    Canvass of votes for executive state officers occurs when Legislature convenes on first Tuesday in January after election. State ex rel. Caldwell v. Peterson, 153 Neb. 402, 45 N.W.2d 122 (1950).

    Court will, by mandamus, compel proper officers to issue certificate of election to member elected. State ex rel. Norton v. Van Camp, 36 Neb. 91, 54 N.W. 113 (1893).