Nebraska State Constitution Article III-13

Nebraska State Constitution » III-13
III-12
  |
III-14
Print Friendly
III-13. Style of bills; majority necessary to passage; yeas and nays entered on journal.

The style of all bills shall be, Be it enacted by the people of the State of Nebraska, and no law shall be enacted except by bill. No bill shall be passed by the Legislature unless by the assent of a majority of all members elected and the yeas and nays on the question of final passage of any bill shall be entered upon the journal.

Source

    Neb. Const. art. III, sec. 10 (1875);
    Amended 1912, Laws 1911, c. 223, sec. 3, p. 674;
    Amended 1920, Constitutional Convention, 1919-1920, No. 8;
    Amended 1972, Laws 1971, LB 132, sec. 1.

Annotations

    Under this provision, a legislature may not attempt to restrict the constitutional power of a succeeding legislature to legislate. State ex rel. Stenberg v. Moore, 249 Neb. 589, 544 N.W.2d 344 (1996).

    Language requiring assent of a majority of all members elected to the Legislature before a bill can be passed means that to pass a bill on final reading, bill must have affirmative votes of a majority of all members, and a vote of the Lieutenant Governor is not effective to break a tie and pass a legislative bill on final reading. Center Bank v. Dept. of Banking & Finance, 210 Neb. 227, 313 N.W.2d 661 (1981).

    Enrolled bill signed by presiding officers of both houses of Legislature and approved by Governor imports verity as to its passage. State ex rel. Loseke v. Fricke, 126 Neb. 736, 254 N.W. 409 (1934).

    Electric roll call device answers constitutional requirement if it provides proper record of vote in journal. Day v. Walker, 124 Neb. 500, 247 N.W. 350 (1933).

    Appropriation bill containing items in excess of budget recommendations was legally adopted by three-fifths vote of Legislature, without separate three-fifths vote on each item increased over budget proposal. Elmen v. State Board of Equalization and Assessment, 120 Neb. 141, 231 N.W. 772 (1930).

    This section requires an affirmative vote of a majority of all members elected to the Legislature, and not merely the majority of a quorum, in order to either enact a law or add amendments to a bill or a rescission of an affirmative act already taken. Moore v. Neece, 80 Neb. 600, 114 N.W. 767 (1908).