Nebraska State Constitution Article VII-10

Article VII-10

VII-10.

University of Nebraska; government; Board of Regents; election; student membership; terms.

The general government of the University of Nebraska shall, under the direction of the Legislature, be vested in a board of not less than six nor more than eight regents to be designated the Board of Regents of the University of Nebraska, who shall be elected from and by districts as herein provided and three students of the University of Nebraska who shall serve as nonvoting members. Such nonvoting student members shall consist of the student body president of the University of Nebraska at Lincoln, the student body president of the University of Nebraska at Omaha, and the student body president of the University of Nebraska Medical Center. The terms of office of elected members shall be for six years each. The terms of office of student members shall be for the period of service as student body president. Their duties and powers shall be prescribed by law; and they shall receive no compensation, but may be reimbursed their actual expenses incurred in the discharge of their duties.

The Legislature shall divide the state, along county lines, into as many compact regent districts, as there are regents provided by the Legislature, of approximately equal population, which shall be numbered consecutively.

The Legislature shall redistrict the state after each federal decennial census. Such districts shall not be changed except upon the concurrence of a majority of the members of the Legislature. In any such redistricting, county lines shall be followed whenever practicable, but other established lines may be followed at the discretion of the Legislature. Whenever the state is so 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.

Source

  • Neb. Const. art. VIII, sec. 10 (1875);
  • Amended 1920, Constitutional Convention, 1919-1920, No. 22;
  • Transferred by Constitutional Convention, 1919-1920, art. VII, sec. 10;
  • Amended 1968, Laws 1967, c. 320, sec. 1, p. 853;
  • Amended 1974, Laws 1974, LB 323, sec. 1.

Annotations

This section requires the Legislature to vest the general government of the University in the Board of Regents. Board of Regents v. Exon, 199 Neb. 146, 256 N.W.2d 330 (1977).

Government of University of Nebraska is vested in the Board of Regents, subject to direction of the Legislature. Board of Regents v. County of Lancaster, 154 Neb. 398, 48 N.W.2d 221 (1951).

This section does not prohibit Legislature from imposing new duties on regents, or from requiring them to establish and conduct hog-cholera serum plant. Fisher v. Board of Regents of University of Nebraska, 108 Neb. 666, 189 N.W. 161 (1922).

Legislature in 1869, in accordance with this section, established the University of Nebraska, and provided the general powers of Board of Regents. Stewart v. Barton, 91 Neb. 96, 135 N.W. 381 (1912).

It was the duty of Board of Regents to establish experimental substations as directed by Legislature. State ex rel. Bushee v. Whitmore, 85 Neb. 566, 123 N.W. 1051 (1909).

This Article and section 85-105, R.R.S.1943, do not grant power to waive immunity from suit in federal court. Board of Regents of University of Nebraska v. Dawes, 370 F.Supp. 1190 (D. Neb. 1974).