Nebraska State Constitution Article IV-15

Article IV-15

IV-15.

Bills to be presented to Governor; approval; procedure; disapproval or reduction of items of appropriation; passage despite disapproval or reduction.

Every bill passed by the Legislature, before it becomes a law, shall be presented to the Governor. If he approves he shall sign it, and thereupon it shall become a law, but if he does not approve or reduces any item or items of appropriations, he shall return it with his objections to the Legislature, which shall enter the objections at large upon its journal, and proceed to reconsider the bill with the objections as a whole, or proceed to reconsider individually the item or items disapproved or reduced. If then three-fifths of the members elected agree to pass the bill with objections it shall become a law, or if three-fifths of the members elected agree to repass any item or items disapproved or reduced, the bill with such repassage shall become a law. In all cases the vote shall be determined by yeas and nays, to be entered upon the journal. Any bill which shall not be returned by the Governor within five days (Sundays excepted) after it shall have been presented to him, shall become a law in like manner as if he had signed it; unless the Legislature by their adjournment prevent its return; in which case it shall be filed, with his objections, in the office of the Secretary of State within five days after such adjournment, or become a law. The Governor may disapprove or reduce any item or items of appropriation contained in bills passed by the Legislature, and the item or items so disapproved shall be stricken therefrom, and the items reduced shall remain as reduced unless the Legislature has reconsidered the item or items disapproved or reduced and has repassed any such item or items over the objection of the Governor by a three-fifths approval of the members elected.

Source

  • Neb. Const. art. V, sec. 15 (1875);
  • Transferred by Constitutional Convention, 1919-1920, art. IV, sec. 15;
  • Amended 1972, Laws 1971, LB 301, sec. 1;
  • Amended 1974, Laws 1974, LB 1034, sec. 1;
  • Amended 1976, Laws 1975, LB 17, sec. 1.

Annotations

It is not the publication by the Revisor of Statutes which creates a law. It is adoption by the Legislature and the Governor's signature which cause a law to be enacted. State ex rel. Wright v. Pepperl, 221 Neb. 664, 380 N.W.2d 259 (1986).

This section does not give the Governor power to return a bill to the Legislature as a "clerical function". Where Governor returns a legislative bill to the Legislature with his objections, action constitutes a veto, regardless of reasons stated in the accompanying message. Center Bank v. Dept. of Banking & Finance, 210 Neb. 227, 313 N.W.2d 661 (1981).

A legislative bill, passed with an emergency clause, vetoed by the Governor, is within the ambit of this section and requires only a three-fifths vote to override the veto. Sandberg v. State, 188 Neb. 335, 196 N.W.2d 501 (1972).

Governor's veto of items of appropriation bill in excess of budget recommendation was invalid, where bill, as a whole, was adopted by three-fifths vote of both houses. Elmen v. State Board of Equalization and Assessment, 120 Neb. 141, 231 N.W. 772 (1930).

Governor, as respects approval or veto of bills, acts as part of lawmaking power. State ex rel. Crocker v. Junkin, 79 Neb. 532, 113 N.W. 256 (1907).

Governor is part of lawmaking power and his duty with relation to bills is a legislative duty enjoined upon him by Constitution. Weis v. Ashley, 59 Neb. 494, 81 N.W. 318 (1899).

This section requires Governor to either approve or veto, and if held by Governor for more than five days, act becomes effective. State v. Abbott, 59 Neb. 106, 80 N.W. 499 (1899); State ex rel. Main v. Crounse, 36 Neb. 835, 55 N.W. 246 (1893); Miller v. Hurford, 11 Neb. 377, 9 N.W. 477 (1881).

Joint resolution providing for contest in an election proceeding must be approved by Governor. In re Contest Proceeding, 31 Neb. 262, 47 N.W. 923 (1891).

Upon receiving resolution, valid on its face, ceding jurisdiction over Indian reservations, Secretary of Interior could rely on it without having determined under state law whether Governor's signature was necessary. United States v. Brown, 334 F.Supp. 536 (D. Neb. 1971).