Legislators; terms; effect of redistricting; election; salary; expenses; mileage.
At the general election to be held in November 1964, one-half the members of the Legislature, or as nearly thereto as may be practicable, shall be elected for a term of four years and the remainder for a term of two years, and thereafter all members shall be elected for a term of four years, with the manner of such election to be determined by the Legislature. When the Legislature is 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. Each member shall be nominated and elected in a nonpartisan manner and without any indication on the ballot that he or she is affiliated with or endorsed by any political party or organization. Each member of the Legislature shall receive a salary of not to exceed one thousand dollars per month during the term of his or her office. In addition to his or her salary, each member shall receive an amount equal to his or her actual expenses in traveling by the most usual route once to and returning from each regular or special session of the Legislature. Members of the Legislature shall receive no pay nor perquisites other than his or her salary and expenses, and employees of the Legislature shall receive no compensation other than their salary or per diem.
Source:Neb. Const. art. III, sec. 4 (1875); Amended 1886, Laws 1885, c. 124, p. 435; Amended 1912, Laws 1911, c. 224, sec. 1, p. 675; Amended 1920, Constitutional Convention, 1919-1920, No. 7; Amended 1934, Initiative Measure No. 330; Amended 1960, Laws 1959, c. 235, sec. 1, p. 818; Amended 1962, Laws 1961, c. 247, sec. 1, p. 733; Amended 1966, Laws 1965, c. 304, sec. 1, p. 856; Amended 1968, Laws 1967, c. 323, sec. 1, p. 859; Amended 1988, Laws 1988, LR 7, sec. 1.
LB 1129, adopted by the Nebraska Legislature on April 16, 1986, created a pension program for members of the Legislature that constitutes "pay or perquisites" and is in contravention of this portion of the Constitution, and is thus invalid and unenforceable. State ex rel. Spire v. Public Emp. Ret. Bd., 226 Neb. 176, 410 N.W.2d 463 (1987).
This constitutional provision does not prohibit reimbursement to legislators for their actual expenses of holding office. State ex rel. Douglas v. Beermann, 216 Neb. 849, 347 N.W.2d 297 (1984).
It was a practical impossibility to redistrict legislative districts without taking into consideration the staggered terms of members of Legislature required by this section. Carpenter v. State, 179 Neb. 628, 139 N.W.2d 541 (1966).
Legislator can receive for services as member of Legislature, or member of committee, only compensation provided by Constitution. In re Appeal of Wilkins, 116 Neb. 748, 219 N.W. 9 (1928).