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1966 Blue Book

328	NEBRASKA BLUE BOOK

EXECUTIVE BRANCH

     The executive branch of the state government consists of the following officers, departments, boards, commissions and agencies: six executive officers provided for in the state constitution; fourteen administrative departments headed by officers appointed by the Governor with the advice and consent of the Legislature; and some thirty boards, commissions, and other administrative agencies, some of which are provided for in the constitution, and the remainder established by statute. The constitutional executive officers are elected by popular vote, as for the heads of the other departments, boards, commissions, and agencies, some are elected, some are appointed, and some serve as ex officio members.

Total number of employees: 7.

Publications:
     Governor's messages printed in pamphlet form when delivered and also in the legislative journal; budget message printed in pamphlet form when delivered and also in the legislative journal.

     During the territorial period, the Governor was appointed by the President of the United States for a four-year term. His salary was $2,500 a year.

     Nebraska's first constitution, adopted in 1866, provided for the election of the Governor by the people for a two-year term. An act approved June 24, 1867, prescribed the duties of the Governor.

     The salary of the state Governor was $1,000 until raised by the Constitution of 1875 to $2,500. The Constitution of 1920 fixed the Governor's salary at $7,500 until otherwise provided by law. The Legislature of 1933 reduced the salaries of the Governor and certain other constitutional officers, but the Supreme Court declared the act to be unconstitutional (129 Neb. 669-699). In 1947, the Legislature increased the salary of the Governor to $10,000. The 1951 Legislature raised the salary of the Governor to $11,000 but the salary did not become effective until January 3, 1957, because Article IV, Sec. 25, of the Constitution provided that the salary of no constitutional executive officer could be changed oftener than once in eight years. Nebraska voters at the general election in November 1956, repealed the constitutional amendment which provided for the eight-year salary restriction. The 1959 Legislature increased the salary of the Governor to $14,000. In 1963, the Legislature increased the Governor's salary to $18,000 a year.

	GOVERNOR	329

     Beginning with 1889 the state paid the rent of a residence for the Governor until 1829, except during the incumbency of Governor Crounse, 1893-1895, who refused to accept the additional payments. In 1899 the Legislature appropriated $25,000 for the purchase and furnishings of an executive mansion. Of this sum $21,385.30 was expended. Provision for a new mansion was made by the 1945 Legislature. The Legislature of 1955 appropriated $200,000 for a new executive mansion in Georgian Colonial style. Early in 1958, the new mansion was completed. The Supreme Court has held that the constitutional provision that state officers shall receive no compensation in addition to their salaries is not violated by the maintenance of a residence for the Governor, but several Governors have refused to accept funds for maintenance (78 Neb. 552).

     At the general election held in November, 1966, and every four years thereafter, the Governor shall be elected for a four-year term. To be qualified for the Governorship a person must be a citizen of the United States, a resident and citizen of Nebraska for five years next preceding his election and must have attained the age of thirty years.

     According to the Constitution the supreme executive power of the state is vested in the Governor and it is his duty "to take care that the laws be faithfully executed and the affairs of the state efficiently and economically administered."

     The Governor is the chief budget officer. He is required to present to the Legislature a complete budget of all expenditures for the running of the state's regular business. The Legislature may appropriate more for any given purpose than the Governor recommends only by favoring vote of three-fifths of the Legislature. The Governor is required to:

 1. Efficiently and economically administer state affairs.

 2. Prepare the budget of the state and present it to the Legislature.

 3. Give information by message to the Legislature.

 4. Render account of all moneys received and disbursed by him.

 5. Appoint certain officers as required by the Constitution and statutes, and fill vacancies in state offices.

 6. Serve as commander-in-chief of the National and State Guards.

 7. Sign or veto bills passed by the Legislature.

 8. Call elections to fill vacancies in office of representatives in Congress.

 9. Certify notaries.

10. Issue requisitions for the return of accused persons to this and other states and countries.

11. With Treasurer and Auditor, direct investment of surplus funds.

12. Enforce criminal laws.

330	NEBRASKA BLUE BOOK

     The Governor is a member and chairman of the following boards: Board of Canvassers, Board of Equalization and Assessment, State Records Board and Board of Pardons. He is a member of the State Building Commission, State Board of Health, Interstate Compact to Conserve Oil and Gas, Historical Land Mark Council, Nebraska Commission on Intergovernmental Cooperation and Nebraska Hall of Fame Commission. He is also a member of the State Historical Society Executive Board, by the Historical Society Constitution.

     The Constitution of 1875 made the first provision for a Lieutenant Governor. The constitutional provision that the Lieutenant Governor receive twice the compensation of a state senator has meant his salary was $6.00 per day during the session of the Legislature, 1875-1886; $10 per day, 1887-1912; $1,200 per session, 1913-1920; $1,600 per session, 1921-1936; and $1,744.18 a year, 1937 to June 30, 1959. The 1959 Legislature enacted a law which set the Lieutenant Governor's salary at $3,000 a year effective July 1, 1959. The 1963 Legislature increased the Lieutenant Governor's salary to $5,000 a year effective January 7, 1965. The 1965 Legislature provided that the Lieutenant Governor's salary on January 5, 1967, would be increased to $6,500 a year.

     The Legislature in 1943 made an appropriation to cover the expenses of the Lieutenant Governor while acting as Governor.

     At the general election held in November, 1966, and every four years thereafter, the Lieutenant Governor shall be elected by the people for a four-year term.

     The duties of the Lieutenant Governor are as follows: He presides over the Legislature and acts as Governor during that official's absence from the state or incapacity, and succeeds to the duties of the office if a vacancy or permanent incapacity arises.

Total number of employees: 13 in main office; 6 in Real Estate Commission office; 3 in Nebraska Brand Registration office; 57 in field and 75 temporary inspectors.

Publications: Biennial Report, Brand Book and Monthly Supplement, Notaries Public Laws, Real Estate Laws, State Constitution, Canvassing Board Report.

	SECRETARY OF STATE	331

     The territorial secretaries were appointed by the President of the United States for five-year term. The Constitution of 1866 provided for the election of the Secretary of State by the people for a two-year term. At the general election of November, 1966, and every four years thereafter, the Secretary of State shall be elected by the people for a four-year term.

     The duties of the Secretary of State were first prescribed in an act approved June 24, 1867. These duties are constantly being increased and even a partial enumeration of them appears formidable. The Secretary of State is required by law to:

 1. Fix the seal of state to commissions issued by the Governor and keep a register of them.

 2. Approve depository bonds.

 3. Receive and have custody of all bills that become laws, and to index, publish and distribute them; also, to furnish certified copies of them upon the payment of the required fees.

 4. Report to the Governor the amount of all fees collected by him.

 5. Receive abstracts of votes from county clerks, and election commissioners, and tabulate results for the Legislature and Canvassing Board.

 6. Keep a file of all articles of incorporation, consolidation, and changes in articles of all corporations, or other associations, also collect filing fees and annual license fees from the same.

 7. Receive filings of certificates of nomination for state office, public power district directors, initiative and referendum petitions, and arrange the official ballot for primary and general elections; also publish proposed constitutional amendments.

 8. Record trade-marks and labels, and collect fees for the same.

 9. Register cattle brands and publish a brand book and a monthly supplement from the registration fees.

10. File reports of county clerks as to county officers.

11. Receive and file testimony in certain election contests.

12. Receive and file all official bonds of state officers.

13. Accept copies of contract of sale or license with respect to performance of musical compositions.

14. Act as attorney for service of summons for nonresident motor vehicle operators.

15. Register emblems of organizations.

16. Serve as chairman of the State Real Estate Commission.

17. Serve as chairman of the Nebraska Brand Committee.

18. Receive and file charters of home rule cities.

19. Receive applications and issue commissions on approval of the Governor for notaries public.

20. Receive copy of rules and file rules and regulations of state agencies.

332	NEBRASKA BLUE BOOK

21. Issue Detective Agency licenses, Private Detective licenses, and Plain Clothes Investigator licenses.

22. Serve as Chief Coordinator for Continuity of Government, Nebraska Survival Plan.

23. Administrator of the State Records Board.

24. Administrator of the Nebraska Collection Agency Board.

     The Secretary may with the Governor and Attorney General remit penalties on corporations for failure to make reports.

     The Secretary of State is a member of the following boards: Board of Canvassers, of which he is the secretary; Board of Equalization and Assessment; Board of Pardons; State Records Board; Nebraska Brand Committee; State Real Estate Commission; and State Standards Committee. He serves as chairman of the last two agencies and all fees collected and all their expenditures are handled by the office of the Secretary of State.

     The Secretary of State was designated the State Records Administrator by the 1961 Legislature. The duties of the Administrator require him to administer and establish for the executive branch of the State Government, a state records management program for the selection and preservation of essential state records, and to advise and assist in the establishment of similar programs in local political subdivisions in the state. A State Records Board was established to advise the Administrator in the performance of his duties.

     A Nebraska Collection Agency Board was created by the 1963 Legislature. The Secretary of State was designated the administrator for the Collection Agency Board. The duties of the administrator require him to administer the provisions of the Nebraska Collection Agency Act, including the initial licensing of collection agencies and solicitors employed by agencies and the renewal of all licenses on an annual basis.

	SECRETARY OF STATE	333

     The board consists of three members appointed by the Governor. The members are required to be residents of the state for ten years prior to their appointments, and are to be actively engaged in the collection business for not less than five years at the time of appointment. Initial appointees serve staggered terms of one year, two years and three years; their successors are appointed for three-year terms. Members are paid $5.00 for each board meeting attended, but not to exceed $100.00 a year. They are also reimbursed for actual travel and expenses incurred in performance of their duties. The board advises with and assists the Secretary of State in the administration of the act. The board holds an annual meeting in January of each year and other meetings upon call of the Secretary of State or chairman of the board or upon the written request to the Secretary of State of any two members of the board.

    The Legislature in 1941 created the Nebraska Brand Committee composed of the Secretary of State who serves as chairman and four members appointed by the Governor for four-year terms. Members receive traveling expenses and five dollars for each day they actually work as members of the committee but no member receives more than five days' pay in any one month. Members of the committee must be active and practical cattlemen engaged in the cattle business in the brand area which includes the following counties: Arthur, Banner, Blaine, Box Butte, Boyd, Brown, Buffalo, Chase, Cherry, Cheyenne, Custer, Dawes, Dawson, Deuel, Dundy, Frontier, Garden, Garfield, Gosper, Grant, Greeley, Harlan, Hayes, Hitchcock, Holt, Hooker, Kearney, Keith, Keya Paha, Kimball, all of Knox except Dowling, Columbia and Lincoln townships, Lincoln, Logan, Loup, McPherson, Madison, Morrill, Perkins, Phelps, Red Willow, Rock, Scotts Bluff, Sheridan, Sherman, Sioux, Thomas, Valley, Wheeler, and including a prescribed part of Hall County.

     The committee employs a secretary who keeps a record of all proceedings, transactions, communications and official acts of the committee, is the custodian of all records of the committee and performs such other duties as the committee requires.

     The Nebraska Brand Committee inspects all cattle that are moved from any point within the area to any point outside the brand area. Inspection fees are charged which pay for the operation of the office.

334	NEBRASKA BLUE BOOK

During the biennium, 1964-1966, 6,518,583 cattle were inspected. This includes local inspection, sales ring and market inspection.

     The Legislature in 1943 created the State Real Estate Commission of five members, four of whom are appointed by the Governor for a four-year term, one from each of the four congressional districts as they existed in 1943. The fifth member is the Secretary of State, who serves as chairman of the commission. Members of the commission must be active and licensed real estate brokers engaged in real estate business for not less than five years. Members are paid only their actual traveling expenses. The commission licenses real estate brokers, salesmen and auctioneers who sell real estate on the basis of written examinations. The expenses of the Real Estate Commission are paid from license fees.

     The commission employs a director and such other help as may be necessary. The director keeps a record of all the proceedings, transactions, communications, and official acts of the commission, is custodian of all the records and performs such other duties as the commission may require.

Total number of employees: 33.

Publications: Biennial Report, Roster, Rules and Regulations of Nebraska State Board of Public Accountancy.

     The Auditor's office was created by act of the first Territorial Legislature, approved March 16, 1855. The Auditor was thereby made general accountant and revenue officer of the territory, with a salary of $200 per annum.

     Amendatory acts prescribing duties were passed by the Territorial Legislature on January 26, 1856; February 15, 1864; February 9, 1865; and February 13, 1866. The act of February 15, 1864, combined the offices of Auditor and School Commissioner with a salary of $900 per annum.

	STATE TREASURER	335

     The Legislature of 1875 fixed the salary and outlined the duties. By act of Legislature in 1913 the Insurance Department was separated from the Auditor's office.

     At the general election of November, 1966, and every four years thereafter, the Auditor of Public Accounts shall be elected by the people for a four-year term. The Auditor is required to:

 1. To give information in writing to the Legislature, whenever required, upon any subject relating to the fiscal affairs of the state or in regard to any duty of his office.

 2. To examine, or cause to he examined books, accounts, vouchers, records, and expenditures of all state officers, state bureaus, state boards, state commissioners, state library, societies and associations supported by the state, state institutions, state normal schools, and the University of Nebraska, except when required to be performed by other officers or persons, and to report promptly to the Director of Administrative Services the fiscal condition shown by such examinations, including any irregularities or misconduct of officers, or employees, any misappropriation or misuse of public funds or property and any improper system or method of bookkeeping or condition of accounts.

 3. Examine and register state, county, municipal and other public bonds.

 4. Certify annually to county clerks amount due on county bonds.

 5. Examine books, accounts and affairs of all county officers, audit books of all county officers annually and establish a uniform system of bookkeeping for all county officers.

     The Auditor may:

1. Administer oaths and affirmations in matters pertaining to his office.

2. Inspect the books of certain charitable institutions.

3. Examine surety companies.

     The Auditor of Public Accounts is a member of the following boards:

     Board of Canvassers; Board of Equalization and Assessment; Sundry

     Claims Board; State Records Board; and Secretary of the Nebraska State Board of Public Accountancy.

Total number of employees: 7. Publications: Biennial Report; Monthly Statement.

336	NEBRASKA BLUE BOOK

     By the Organic Act of May 30, 1854, the Governor and the Secretary of the Territory were made the medium through which the funds appropriated by the United States government for the territory were expended. An act of the Territorial Assembly, approved March 16, 1855, created the Office of Treasurer of the Territory. The Constitutions of 1866 and 1875 provided for this office.

     At the general election of November, 1966, and every four years thereafter, the State Treasurer shall be elected by the people for a four-year term. It shall be the duty of the State Treasurer:

(1) To receive and keep all money of the State not expressly required to be received and kept by some other person;

(2) To disburse the public money upon warrants drawn upon the State Treasury according to law, and not otherwise;

(3) To keep a just, true and comprehensive account of all money received and disbursed;

(4) To keep a just account with each fund, and each head of appropriation made by law, and the warrants drawn against them;

(5) To render a full statement to the Auditor of Public Accounts, of all money received by him from whatever source, and if on account of revenue, for what year; of all penalties and interest on delinquent taxes reported or accounted for to him, and of all disbursements of public funds; with a list, in numerical order, of all warrants redeemed, the name of the payee, amount, interest and total amount allowed thereon, and with the amount of the balance of the several funds unexpended; which statement shall be made on the first day of December, March, June and September, and oftener if required;

(6) To report to the Legislature as soon as practicable, but within ten days after the commencement of each regular session, a detailed statement of the condition of the treasury, and its operations for the preceding fiscal year;

(7) To give information in writing to the Legislature, whenever required, upon any subject connected with the treasury or touching any duty of his office; and

(8) To account for, and pay for, all money received by him as such treasurer, to his successor in office, and deliver all books, vouchers and effects of office to him; and such successor shall receipt therefor.

The State Treasurer shall deposit, and at all times keep on deposit for safekeeping, in the state or national banks, or some of them doing business in this state and of approved standing and responsibility, the amount of money in his hands belonging to the several current funds in the state treasury.

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