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1966 Blue Book

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STATE GOVERNMENT

          In accordance with the principle of separation of powers, found in the national government and all the states, state government in Nebraska follows the traditional threefold division into legislative, executive and judicial branches.

     The legislative branch of the state government is composed of the state Legislature, the office of the permanent cleric and his staff, and the Legislative Council and its research staff.

     The Organic Act of May 30, 1854, provided for a legislative assembly consisting of a council of thirteen members elected for two-year terms, and a house of representatives of twenty-six members elected for a one year term. It provided for annual sessions of not more than forty days duration, except for the first session, which might be prolonged to sixty days. Members were paid three dollars a day and three dollars for every twenty miles of travel in getting to and from the capital.

     Legislative apportionments were to be based on the number of voters. The territorial Governor was directed to have a census taken to make the initial apportionments and to call an election. Power to change the number of representatives, to make apportionments and to fix the dates for convening in regular session was vested in the assembly. The first session convened at Omaha, January 16, 1855. An act approved March 16, 1855, provided for the taking of a census by the marshal and a new apportionment by the Governor. The number of representatives was limited to twenty-nine for the next session, and it was further enacted that, until changed by law, the annual sessions should begin on the first Tuesday in December, except the succeeding session, which was to convene on the third Tuesday in December, 1855. At this session it was provided that the next regular session should convene on the first Monday of January, 1857, and annually thereafter on the first Monday in January. An act approved January 26, 1856, directed the marshal to take another census and the Governor to make another apportionment, limiting the number of representatives to thirty-five.

     By joint resolution of January 25, 1856, the territorial assembly memorialized the delegate in Congress to secure amendment to the Organic Act basing the apportionment on the increase in white population, instead of on the number of votes. The time for convening of the next session was changed to the second Tuesday in December, 1857, but was immediately restored to the first Monday in January for the next session. An act approved November 3, 1858, fixed the number of representatives at thirty-nine and apportioned them among the counties. The fifth session, a special one, was called by Governor Richardson to consider the adoption of parts of the Criminal and Civil Codes, and affairs of the state generally. The secretary of the territory refused to pay the

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expenses of this session from the current expense appropriations and the Legislature, by. joint resolution, requested Congress to make an early appropriation for the purpose. By legislative act the sixth, seventh and eighth sessions convened on the first Monday in December of each year. By legislative act the ninth session convened on January 7, 1864. A temporary apportionment was made by this session. The eleventh Legislature drafted the Constitution of 1866, which was adopted by the people at an election held June 2, 1866. The Constitution provided that the first session of the state Legislature should be held on July 4, 1866. When this session which is listed as the first state Legislature assembled, the admission bill had not as yet passed Congress. Congress had refused to accept the Constitution of 1866 until Nebraska had agreed to a Negro suffrage amendment. The twelfth session of the territorial Legislature met January 10, 1867, and adjourned February 18, 1867. Two days later the Legislature met in special session on call of the Governor to consider the Negro suffrage amendment to the 1866 Constitution. This session of the Legislature met February 20 and 21, 1867, and is listed as the second state Legislature though Nebraska was not admitted as a state until March 1, 1867.

     Thus the first session of the state Legislature after statehood was the third session, which was a special session, called by Governor Butler to meet May 16, 1867, to consider general legislation for the new state.

     The Constitution of 1866 made no change in the numerical arrangement of the two houses, calling for thirteen senators and thirty-nine representatives. Biennial sessions were provided for, to begin the first Thursday after the first Monday in January of the odd-numbered years.

     The fourth session, which was a special session, held on October 27 and 28, 1868, was called to provide for the election of presidential electors, a detail which had been overlooked.

     The fifth session (erroneously called the first "regular session") was the first session to be held at Lincoln on the constitutional date. The sixth session was a special session called by the Governor for the ratification of the fifteenth amendment to the Federal Constitution, to provide for the erection of a penitentiary and for other purposes. Upon adjournment, without effecting all the legislation desired by the Governor, the seventh session, which was another special session, was called to convene immediately to pass a herd law, to amend an act governing the keeping of identical funds in the state treasury, and for various purposes.

     The eighth regular session instituted impeachment proceedings against Governor Butler. Growing out of impeachment proceedings brought against the Auditor, John Gillespie, a series of adjournments brought about the eighth adjourned session on January 9, 1872.

     The tenth session, which was a special one, held on March 27, 1873, was called by Governor Furnas to amend the law concerning

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certain county boundaries, to consider assessments in new counties and the incorporation of cities.

     The Constitution of 1875 limited the maximum membership of the Legislature to one hundred in the house and to thirty-three in the senate. It also changed the date of the convening of the regular session to the first Tuesday in January. Prior to 1880, under the 1875 Constitution, the house had eighty-four members and the senate thirty.

     The twelfth and thirteenth sessions, which were special ones, were called on the same day, December 5, 1876, to canvass the vote of presidential electors, and to appoint an elector to fill an alleged vacancy.

     In 1881 the Legislature increased the membership of the senate to thirty-three and of the house to one hundred.

     Prior to the session of 1877, members received $3 a day for their services. This was increased to $5 a day by a constitutional amendment adopted in 1886. The president of the senate received $10 a day.

     The seventeenth session, a special one, convened on May 10, 1882, to reapportion the congressional districts, to appropriate money for calling out the militia to suppress a riot at Omaha and for other purposes.

     An amendment adopted in November 1912, increased the salary of members to $600 for each regular session, and twice the pay of a senator for the president of the senate.

     The thirty-sixth session, a special one, was called on March 26, 1918, to pass war legislation. The thirty-eighth session, a special one, was called on July 29, 1919, to ratify federal equal suffrage amendment. The thirty-ninth session, also a special one, was called on October 14, 1919, to enable Douglas County to provide for repairs to its courthouse.

     By a constitutional amendment adopted September 21, 1920, the maximum membership of the senate was raised to fifty members but the Legislature made no change in the number of senators. By another constitutional amendment adopted on the same date, the pay of members was increased to $800 for each regular session.

     The forty-first session, which was a special one, was called on January 24, 1922, to reduce appropriations, and correct errors in certain legislation, the forty-sixth session, also a special one, was called on March 4, 1930, to revise the laws relating to guaranty of bank deposits, and the forty-eighth session, another special one, was called on June 9, 1931, to make appropriations for the maintenance of the state government.

     On November 6, 1934, the people of Nebraska adopted a constitutional amendment providing for a single house or unicameral legislature. This was an initiative amendment drafted by a committee of citizens. It was adopted by a vote of 286,086 for and 193,152 against The amendment required the Legislature of 1935 to apportion the state into not less than thirty or more than fifty legislative districts.

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     Other special sessions were the fifty-first called on October 28, 1935, to pass laws required to meet the social security requirements of recent federal laws, the fifty-fourth called on January 2, 1940, to appropriate additional funds for state assistance and to make corrections in the unemployment compensation and workmen's compensation laws, the fifty-seventh called on March 27, 1944, to consider the soldier vote bill and amendments to the public power laws, the fifty ninth session, called to meet August 22, 1946, to consider the increase of maximum grants for the aged and blind, the appropriation of funds for the administration of the school lunch act and the veterans education training act, the reenactment of the merit system law and a constitutional amendment governing the eligibility of executive officers of the state, the sixty-third session, called to meet April 17, 1952, to appropriate money for flood relief, and the sixty-fourth session called to meet August 27, 1952, to authorize the purchase of test animals for treatment and eradication of livestock diseases and an appropriation to provide a revolving fund for such purposes to enact a law relating to swine infected with vesicular exanthema, to appropriate funds for eradication of vesicular exanthema and payment of indemnities to owners, to outlaw the feeding of raw garbage to hogs or other animals on a large commercial scale, to raise old age assistance benefits and to refund blanket school tax payments, the sixty-sixth session convened April 20, 1954, to consider constitutional amendments relative to revenue and taxation, and to submit such amendments to the voters at the general election in November, the seventieth session called on August 1, 1960, to consider placing on the November ballot a constitutional amendment authorizing cities and villages to issue revenue bonds through which they may acquire and develop sites and buildings for lease to manufacturing and industrial enterprises, and to make an appropriation from a surplus in the general fund for the Resources Division to develop research on industries and Nebraska communities in order to attract new industry to the State, the seventy-first session called on December 12, 1960, to increase salaries of State Legislators, the seventy-fourth session called on October 21, 1963, for the primary purpose to consider remedial legislation with regard to the penalties invoked as a result of the invalidation of the Nebraska Installment Sales Act by the State Supreme Court. Other miscellaneous matters were also covered, and the seventy-sixth session called on June 6, 1966, to change the method of valuing the stock of foreign corporations for purpose of taxation from book value to fair market value, and to amend or repeal statutory provision relating to refund of taxes and penalties.

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UNICAMERAL LEGISLATURE

     Total personnel: 49 members, 8 officers including the Lieutenant Governor who by constitutional provision is the president of the Legislature.

     Publications: Legislative Journal (daily during the sessions and in bound form after the close); Directory; Index to Bills; Bills and Amendments; Session Laws, separates; Session Laws of Nebraska. (The bound Journal and the bound Session Laws are compiled by the Clerk of the Legislature. They may be purchased from the State Librarian).

     The Nebraska State Legislature consists of one house of forty-nine members elected from single member districts on a nonpartisan ballot. As established by the 73rd Session of the Legislature, at the general election of 1964 the members of the odd-numbered districts shall have a term of four years and the members from the even-numbered districts shall have a term of two years, and thereafter all members shall be elected for a term of four years.

     A United States District Court decision, dated July 17, 1964, held that the Legislature elected at the general election in 1964 would have de facto status when it met in regular session in January, 1965. It directed the Legislature to create a constitutionally valid legislative apportionment plan, determine the number of members to be elected with provision for length and staggering of terms thereof as would be required, and stated that the 1965 Legislature would hold office and function until the election and qualification of members of a new Legislature to be elected in the 1966 general election. LB 925, passed in the 1965 session, was approved by the courts. Members are paid an annual salary of $2,400.00 or $4,800.00 for the biennium and their traveling expenses once to and from each regular or special session. They receive no additional pay for a special session. Since 1949 all the members of the Legislature are members of the Legislative Council. They receive actual expenses while attending sessions of the Council or meetings of Council Study Committees.

     Regular sessions of the Legislature are held in the odd-numbered years and convene on the first Tuesday in January. The regular sessions in recent years have lasted more than six months and during the sessions the Legislature may act upon any subject within the functions of the state government. After adjournment the Governor may call the Legislature in special session or the Legislature may on request of twenty-nine members require the Governor to call a special session. A special session may only consider those matters specifically mentioned in the call.

     The Constitution of the State of Nebraska designates the Lieutenant Governor as president of the Legislature. The speaker, the clerk, the sergeant-at-arms, the chaplain, and the postmaster are elected by the

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Legislature. Employees and officers shall be recommended to the Legislature by a committee of five returning members of the Legislature chosen by the membership of the Legislative Council at its last meeting prior to the convening of any regular or special session of the Legislature. Meetings of the Legislature are held in the legislative chamber in the state capitol. Under the rules the Legislature meets daily at nine am. and adjourns not later than one p.m. Toward the end of the session the Legislature is in session in the afternoons.

     During the greater part of the session afternoons are devoted to committee meetings. There are thirteen standing committees of the Legislature having to do with the subject matter of bills and five committees having to do with the organization or administration of the Legislature. All members of the Legislature serve on one or more committees. Each committee, before taking final action on a bill or resolution, must hold a public hearing and give five days notice of such hearing. Each committee also keeps a record of its proceedings and committee meetings are open to the public, even executive sessions being open to the press. Each committee submits a written statement containing its reasons for its recommendations in regard to the disposition of each bill.

     If a bill is reported favorably by the committee of reference, it is placed on General File where it is considered in its turn. Fiscal notes are required on all bills. If the Legislature after consideration decides to advance the bill, it is sent to the Committee on Enrollment and Review for review by the committee's legal expert. It is then placed on Select File for second consideration by the Legislature. At least three days must elapse between the consideration on General File and the second or Select File consideration. All debate on General and Select File is recorded and transcribed. If the bill is advanced it is then sent to the Committee on Enrollment and Review for preparation for Final Reading and passage. After the bill is printed in final form, it must, by rule, lie on the members' desks for two legislative days. After a bill is passed it is enrolled, signed by the President of the Legislature and sent to the Governor for his signature or veto.

     Provision was made by the 1937 Legislature for a permanent clerk to be elected by the Legislature and to serve for a two-year term. The Clerk compiles the permanent journal' of the Legislature and the Session Laws of Nebraska; has charge of supervision and assignment of employees; has supervision of the legislative halls and property and performs other usual duties of clerk. He accepts the registration for

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filing of lobbyists, the payment of fees, and the filing of monthly reports of lobbyists and their employers. He also serves as secretary of the Sundry Claims Board and of the Committee on Intergovernmental Cooperation.

      The Legislative Council was established by the Legislature in 1937. It consisted of sixteen members of the Legislature, four from each congressional district. The 1949 Legislature, provided that the Council shall consist of all the members of the Legislature. Provision is made for an Executive Board which consists of a Chairman, Vice-Chairman, and an additional member of the Legislature at large chosen by the Legislature, the Speaker of the Legislature, and the Chairman of the Committee on Committees of the Legislature.

      The Legislative Council considers legislative policies between sessions, collects information of state-wide public importance and presents a legislative program with recommendations to the Legislature. In addition to preparing and distributing major research reports, the Council serves as a general service and information agency for the Legislature, its committees, and individual members.

      It compiles, edits, and distributes the Nebraska Blue Book, the official manual of the state. It maintains a legislative reference library for the convenience of legislators and others, as well as providing a complete and efficient bill drafting service.

      Members are compensated for actual expenses while attending sessions of the Council, or meetings of its committees, but receive no salary.

      The office of legislative fiscal analyst was created within the Legislative Council by the 1961 Legislature. The fiscal analyst is to

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provide fiscal and budgetary information and assistance to the Legislature, the Budget Committee of the Legislature, and the Legislative Council Budget Committee. This will include (a) factual information and recommendations concerning the financial operations of the state government; (b) evaluation of the requests for appropriations contained in the executive budget and recommendations thereon; (c) studies of capital outlay needs for the orderly and coordinated development of state institutions and institutional programs authorized, if not otherwise provided by law; (d) plans for legislative appropriation and control of funds, with pre-session analysis of budgetary requirements; and (e) as directed by the Budget Committee or by Resolution of the Legislature, review the functions and operations of the departments of state government and make recommendations for organizational and operating changes.

Legislative Committee on Intergovernmental Cooperation

George C. Gerdes	Chairman
Arnold Ruhnke	District 1
Eugene T. Mahoney	District 2
Ross H. Rasmussen	District 3
Ramey C. Whitney	District 4
Ex Officio Members:
Norbert T. Tiemann	Governor
John E. Everroad
Lieutenant Governor	President of the Legislature
Elvin Adamson	Speaker of the Legislature

Governor's Committee on Intergovernmental Cooperation

Robert P. Rogers	Director, Department of Administrative Services
Lawrence C. Johns	Director, Department of Motor Vehicles
C. Howard Vest	Director, Department of Aeronautics
Ex Officio Members:
Murrell McNeil	Acting Tax Commissioner
Clarence A. H. Meyer	Attorney General

     The 1937 Legislature set up the Nebraska Commission on Intergovernmental Cooperation which consists of ten regular members, namely: the five members of the Legislative Committee on Intergovernmental Cooperation and the five members of the Governor's Committee on Intergovernmental Cooperation and three ex officio, honorary non-voting members: the President, Speaker of the Legislature, and the Governor. The members of the Legislative Committee are selected by the Committee on Committees and serve until their successors are designated. The

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Governor's Committee on Intergovernmental Cooperation consists of the Tax Commissioner and Attorney General, ex officio, and three other administrative officials appointed by the Governor. The Governor designates the chairman of his committee, who also serves as ex officio chairman of the commission. The functions of the commission are to carry forward the participation of the state as a member of the Council of State Governments, to encourage the adoption of uniform or reciprocal statutes, administrative rules and regulations, and to encourage the informal cooperation of government offices. The Legislative Committee reports to the Legislature and the Governor's Committee reports to the Governor.

© 2004 for the NEGenWeb Project by Pam Rietsch, Ted & Carole Miller