Nebraska State Constitution Article IV-7
Message by Governor; budget; contents; budget bill; preparation; appropriations not to be in excess of budget; exception; excess subject to veto.
The Governor may, at the commencement of each session, and at the close of his term of office and whenever the Legislature may require, give by message to the Legislature information of the condition of the state, and shall recommend such measures as he shall deem expedient. At a time fixed by law, he shall present, by message, a complete itemized budget of the financial requirements of all departments, institutions and agencies of the state and a budget bill to be introduced by the Speaker of the Legislature at the request of the Governor. Said budget bill shall be prepared with such expert assistance and under such regulations as may be required by the Governor. No appropriations shall be made in excess of the recommendation contained in such budget including any amendment the Governor may make thereto unless by three-fifths vote of the Legislature, and such excess so approved shall be subject to veto by the Governor.
- Neb. Const. art. V, sec. 7 (1875);
- Amended 1920, Constitutional Convention, 1919-1920, No. 13;
- Transferred by Constitutional Convention, 1919-1920, art. IV, sec. 7;
- Amended 1964, Laws 1963, c. 302, sec. 2(2), p. 895;
- Amended 1972, Laws 1971, LB 301, sec. 1.
Appropriations in excess of recommendation which did not receive two-thirds vote on final passage invalid; section applies to all departments, institutions, and agencies of state in being at commencement of legislative session. State ex rel. Meyer v. State Board of Equalization & Assessment, 185 Neb. 490, 176 N.W.2d 920 (1970).
Requirement of three-fifths vote applies only to increases in amount for departments, institutions and agencies in existence at the time that Governor is required to make budget recommendations. Mekota v. State Board of Equalization & Assessment, 146 Neb. 370, 19 N.W.2d 633 (1945).
Appropriation bill containing items in excess of budget recommendation, adopted by three-fifths vote of both houses, but without separate three-fifths vote on each such increased item was legally enacted and not subject to Governor's veto. Elmen v. State Board of Equalization and Assessment, 120 Neb. 141, 231 N.W. 772 (1930).