State ex rel. Meyer v. State Bd. of Equalization and Assessment, 37479
| Decision Date | 01 May 1970 |
| Docket Number | No. 37479,37479 |
| Parties | STATE of Nebraska ex rel. Clarence A. H. MEYER, Attorney General, Relator, v. STATE BOARD OF EQUALIZATION AND ASSESSMENT of the State of Nebraska, Norbert T. Tiemann, Governor, et al., Respondents. |
| Court | Nebraska Supreme Court |
Syllabus by the Court
1. To be effective, each item appearing in a legislative appropriation bill which is an increase over the budget submitted to the Legislature by the Governor must receive a two-thirds vote on final passage.
2. Under all constitutional governments recognizing three distinct and independent magistracies, the control of the purse strings of government is a legislative function; indeed, it is the supreme legislative prerogative, indispensable to the independence and integrity of the Legislature, and not to be surrendered or abridged, save by the Constitution itself, without disturbing the balance of the system and endangering the liberties of the people.
3. The right of the Legislature to control the public treasury, to determine the sources from which the public revenue shall be derived and the objects upon which it shall be expended, to dictate the time, the manner, and the means, both of its collection and disbursement, is firmly and inexpugnably established in our political system.
4. The Legislature has plenary or absolute power over appropriations. It may make them upon such conditions and with such restrictions as it pleases within legal and reasonable limits. It cannot, however, through the power of appropriation exercise or invade the constitutional rights and powers of the executive branch of government.
Clarence A. H. Meyer, Atty. Gen., Gerald S. Vitamvas, Deputy Atty. Gen., Lincoln, for relator.
Young, Baird, Holm, McEachen, Pedersen, Hamann & Haggart, Edmund D. McEachen, John S. Zeilinger, Omaha, for respondents.
Heard before WHITE, C.J., and CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN, and NEWTON, JJ.
This is an original action brought by the State of Nebraska on the relation of the Attorney General at the express request of the Legislature of the State of Nebraska. It seeks to have certain appropriations vetoed by the Governor declared valid and to uphold certain personal service limitations placed in the appropriation bills by the Legislature.
Five of the appropriation items were included in Legislative Bill 1425 (Laws 1969, c. 481, p. 1987), an act making appropriations for construction, repair, and improvement of state buildings and land acquisition. These items are as follows:
(1) Land acquisition (Medical
Center, University of
Nebraska) in the amount of $1,000,000
(2) Land acquisition (University
of Nebraska at Omaha)
in the amount of 1,350,000
(3) Home Economics facility
(East Campus) in the
amount of 1,225,000
(4) Remodeling of the
Administration Building
(Kearney State College)
in the amount of 1,500,000
(5) Appropriation for a
recreation and activities
building (Beatrice State
Home) in the amount of 638,400
One of the appropriation items was embraced in Legislature Bill 552 (Laws 1969, c. 466, p. 1619.) It was an appropriation of $2,240,000 for a Home Economics facility on the East Campus. No purpose will be served herein by specifically detailing the legislative history of each of these items. The points important for consideration may be raised by general statements.
The Governor presented his budget message and executive budget to the Legislature on January 29, 1969. With relation to the appropriations for the Medical Center, for the Beatrice State Home, the Home Economics facility, and the remodeling of the Administration Building at Kearney State College, specific requests were made to the Governor for such appropriations but the Governor made no recommendations for the same in the budget he submitted to the Legislature. No request was made to the Governor covering land acquisition for the University of Nebraska at Omaha and said item was not included in his budget. In the course of the legislative proceedings these various items were included in the budget by the Legislature. At some stage of the legislative process all of the items above, except item (3), the appropriation of $1,225,000, received at least a two-thirds vote. However, on final passage neither Legislative Bill 1425 nor Legislative Bill 552 received a two-thirds vote. The vote on Legislative Bill 1425 on final passage was: 28 Ayes, 16 Nays, and 5 Not Voting. The vote on Legislative Bill 552 on final passage was: 30 Ayes, 11 Nays, and 8 Not Voting.
Article IV, section 7, Constitution of Nebraska, provides as follows:
Article IV, section 15, Constitution of Nebraska, provides as follows:
It is to be noted that the above constitutional provision was adopted while this state had a bicameral legislative system. Since that time, under constitutional authority a unicameral system was adopted and has since been in operation. By the terms of Article III, section 1, Constitution of Nebraska, since January 1937, all provisions referring to the bicameral Legislature in the Constitution are applicable to the unicameral Legislature.
Two issues are presented in regard to these appropriations: (1) Were any of the questioned appropriations validly and effectively enacted; and (2) if validly and effectively enacted, were they effectively vetoed by the Governor?
The 1969 Legislature inserted the following provision: 'Expenditures for Personal Services shall not exceed $_ _ during the period July 1, 1969--June 30, 1970, nor $_ _ during the period July 1, 1970--June 30, 1971,' in Legislative Bills 1421, 928, 831, 552, and 1096. Respondents contend that this provision, which they allege appears 480 times in the above bills, constitutes an unlawful limitation on expenditures for personal services. The issues presented relative to these provisions are: (1) Are the provisions advisory only, or are they mandatory; and (2) if mandatory, are they a valid exercise of the power of the Legislature, or do they constitute an unconstitutional encroachment on the other branches of government?
In the Governor's veto message as to Legislative Bill 1425 he referred to the authority given him by Article IV, section 15, Constitution of Nebraska, which provides for an item or items veto of appropriations contained in bills passed by the Legislature. Here we are dealing with items added to the appropriations bill for the maintenance and upkeep of a state department institution, or agency, and they are definitely within the ambit of Article IV, section 7, Constitution of Nebraska. It is immaterial whether all of the items were originally presented to the Governor in the budget presentation of those groups or not. As executive head of the state government, the Governor is charged with the responsibility of preparing, with expert assistance, a completely itemized budget for every department, institution, and agency of state government for the ensuing biennium. The budget requirements of Article IV, section 7, Constitution of Nebraska, apply to all departments, institutions, and agencies of the state in being at the commencement of the legislative session. Mekota v. State Board of Equalization & Assessment, 146 Neb. 370, 19 N.W.2d 633. No new or increased appropriation may be made for any existing organization included in that classification except by a two-thirds vote of the Legislature, and when so made...
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