Ne. Const. art. I, § 8 — Article I / Section 8
NE Const., Article I, Section 8
Status: in_force

(1) No corporation or syndicate shall acquire, or otherwise obtain an interest, whether legal, beneficial, or otherwise, in any title to real estate used for farming or ranching in this state, or engage in farming or ranching. Corporation shall mean any corporation organized under the laws of any state of the United States or any country or any partnership of which such corporation is a partner. Farming or ranching shall mean (i) the cultivation of land for the production of agricultural crops, fruit, or other horticultural products, or (ii) the ownership, keeping or feeding of animals for the production of livestock or livestock products. Syndicate shall mean any limited partnership organized under the laws of any state of the United States or any country, other than limited partnerships in which the partners are members of a family, or a trust created for the benefit of a member of that family, related to one another within the fourth degree of kindred according to the rules of civil law, or their spouses, at least one of whom is a person residing on or actively engaged in the day to day labor and management of the farm or ranch, and none of whom are nonresident aliens. This shall not include general partnerships. These restrictions shall not apply to: (A) A family farm or ranch corporation. Family farm or ranch corporation shall mean a corporation engaged in farming or ranching or the ownership of agricultural land, in which the majority of the voting stock is held by members of a family, or a trust created for the benefit of a member of that family, related to one another within the fourth degree of kindred according to the rules of civil law, or their spouses, at least one of whom is a person residing on or actively engaged in the day to day labor and management of the farm or ranch and none of whose stockholders are non-resident aliens and none of whose stockholders are corporations or partnerships, unless all of the stockholders or partners of such entities are persons related within the fourth degree of kindred to the majority of stockholders in the family farm corporation. These restrictions shall not apply to: (B) Non-profit corporations. These restrictions shall not apply to: (C) Nebraska Indian tribal corporations. These restrictions shall not apply to: (D) Agricultural land, which, as of the effective date of this Act, is being farmed or ranched, or which is owned or leased, or in which there is a legal or beneficial interest in title directly or indirectly owned, acquired, or obtained by a corporation or syndicate, so long as such land or other interest in title shall be held in continuous ownership or under continuous lease by the same such corporation or syndicate, and including such additional ownership or leasehold as is reasonably necessary to meet the requirements of pollution control regulations. For the purposes of this exemption, land purchased on a contract signed as of the effective date of this amendment, shall be considered as owned on the effective date of this amendment. These restrictions shall not apply to: (E) A farm or ranch operated for research or experimental purposes, if any commercial sales from such farm or ranch are only incidental to the research or experimental objectives of the corporation or syndicate. These restrictions shall not apply to: (F) Agricultural land operated by a corporation for the purpose of raising poultry. These restrictions shall not apply to: (G) Land leased by alfalfa processors for the production of alfalfa. These restrictions shall not apply to: (H) Agricultural land operated for the purpose of growing seed, nursery plants, or sod. These restrictions shall not apply to: (I) Mineral rights on agricultural land. These restrictions shall not apply to: (J) Agricultural land acquired or leased by a corporation or syndicate for immediate or potential use for nonfarming or nonranching purposes. A corporation or syndicate may hold such agricultural land in such acreage as may be necessary to its nonfarm or nonranch business operation, but pending the development of such agricultural land for nonfarm or nonranch purposes, not to exceed a period of five years, such land may not be used for farming or ranching except under lease to a family farm or ranch corporation or a non-syndicate and non-corporate farm or ranch. These restrictions shall not apply to: (K) Agricultural lands or livestock acquired by a corporation or syndicate by process of law in the collection of debts, or by any procedures for the enforcement of a lien, encumbrance, or claim thereon, whether created by mortgage or otherwise. Any lands so acquired shall be disposed of within a period of five years and shall not be used for farming or ranching prior to being disposed of, except under a lease to a family farm or ranch corporation or a non-syndicate and non-corporate farm or ranch. These restrictions shall not apply to: (L) A bona fide encumbrance taken for purposes of security. These restrictions shall not apply to: (M) Custom spraying, fertilizing, or harvesting. These restrictions shall not apply to: (N) Livestock futures contracts, livestock purchased for slaughter, or livestock purchased and resold within two weeks. If a family farm corporation, which has qualified under all the requirements of a family farm or ranch corporation, ceases to meet the defined criteria, it shall have fifty years, if the ownership of the majority of the stock of such corporation continues to be held by persons related to one another within the fourth degree of kindred or their spouses, and their landholdings are not increased, to either re-qualify as a family farm corporation or dissolve and return to personal ownership. The Secretary of State shall monitor corporate and syndicate agricultural land purchases and corporate and syndicate farming and ranching operations, and notify the Attorney General of any possible violations. If the Attorney General has reason to believe that a corporation or syndicate is violating this amendment, he or she shall commence an action in district court to enjoin any pending illegal land purchase, or livestock operation, or to force divestiture of land held in violation of this amendment. The court shall order any land held in violation of this amendment to be divested within two years. If land so ordered by the court has not been divested within two years, the court shall declare the land escheated to the State of Nebraska. If the Secretary of State or Attorney General fails to perform his or her duties as directed by this amendment, Nebraska citizens and entities shall have standing in district court to seek enforcement. The Nebraska Legislature may enact, by general law, further restrictions prohibiting certain agricultural operations that the legislature deems contrary to the intent of this section. Adopted in 1982. Rendered unconstitutional in 2006 by Jones v. Gale (8th Cir.) as a violation of the dormant commerce clause . Article XIII-1 [ edit ] State may contract debts; limitation; exceptions. The state may, to meet casual deficits, or failures in the revenue, contract debts never to exceed in the aggregate one hundred thousand dollars, and no greater indebtedness shall be incurred except for the purpose of repelling invasion, suppressing insurrection, or defending the state in war, and provision shall be made for the payment of the interest annually, as it shall accrue, by a tax levied for the purpose, or from other sources of revenue, which law providing for the payment of such interest by such tax shall be irrepealable until such debt is paid; Provided , that if the Legislature determines by a three-fifths vote of the members elected thereto that (1) the need for construction of highways in this state requires such action, it may authorize the issuance of bonds for such construction, and for the payment of the interest and the retirement of such bonds it may pledge any tolls to be received from such highways or it may irrevocably pledge for the term of the bonds all or a part of any state revenue closely related to the use of such highways, such as motor vehicle fuel taxes or motor vehicle license fees and (2) the construction of water retention and impoundment structures for the purposes of water conservation and management will promote the general welfare of the state, it may authorize the issuance of revenue bonds for such construction, and for the payment of the interest and the retirement of such bonds it may pledge all or any part of any state revenue derived from the use of such structures; and provided further , that the Board of Regents of the University of Nebraska, the Board of Trustees of the Nebraska State Colleges, and the State Board of Education may issue revenue bonds to construct, purchase, or otherwise acquire, extend, add to, remodel, repair, furnish, and equip dormitories, residence halls, single or multiple dwelling units, or other facilities for the housing and boarding of students, single or married, and faculty or other employees, buildings and structures for athletic purposes, student unions or centers, and for the medical care and physical development and activities of students, and buildings or other facilities for parking, which bonds shall be payable solely out of revenue, fees, and other payments derived from the use of the buildings and facilities constructed or acquired, including buildings and facilities heretofore or hereafter constructed or acquired, and paid for out of the proceeds of other issues of revenue bonds, and the revenue, fees, and payments so pledged need not be appropriated by the Legislature, and any such revenue bonds heretofore issued by either of such boards are hereby authorized, ratified, and validated. Bonds for new construction shall be first approved as the Legislature shall provide. Adopted in 1875. Last amended in 1982. Article XIII-2 [ edit ] Industrial and economic development; powers of counties and municipalities. Notwithstanding any other provision in the Constitution, the Legislature may authorize any county or incorporated city or village, including cities operating under home rule charters, to acquire, own, develop, and lease real and personal property suitable for use by manufacturing or industrial enterprises and to issue revenue bonds for the purpose of defraying the cost of acquiring and developing such property by construction, purchase, or otherwise. The Legislature may also authorize such county, city, or village to acquire, own, develop, and lease real and personal property suitable for use by enterprises as determined by law if such property is located in blighted areas as determined by law and to issue revenue bonds for the purpose of defraying the cost of acquiring and developing or financing such property by construction, purchase, or otherwise. Such bonds shall not become general obligation bonds of the governmental subdivision by which such bonds are issued. Any real or personal property acquired, owned, developed, or used by any such county, city, or village pursuant to this section shall be subject to taxation to the same extent as private property during the time it is leased to or held by private interests, notwithstanding the provisions of Article VIII, section 2, of the Constitution. The acquiring, owning, developing, and leasing of such property shall be deemed for a public purpose, but the governmental subdivision shall not have the right to acquire such property by condemnation. The principal of and interest on any bonds issued may be secured by a pledge of the lease and the revenue therefrom and by mortgage upon such property. No such governmental subdivision shall have the power to operate any such property as a business or in any manner except as the lessor thereof. Notwithstanding any other provision in the Constitution, the Legislature may also authorize any incorporated city or village, including cities operating under home rule charters, to appropriate such funds as may be deemed necessary for an economic or industrial development project or program subject to approval by a vote of a majority of the registered voters of such city or village voting upon the question. Subject to such vote, funds may be derived from property tax, local option sales tax, or any other general tax levied by the city or village or generated from municipally owned utilities or grants, donations, or state and federal funds received by the city or village subject to any restrictions of the grantor, donor, or state or federal law. Adopted in 1875. Last amended in 2010. Article XIII-3 [ edit ] Credit of state; exception. The credit of the state shall never be given or loaned in aid of any individual, association, or corporation, except that the state may guarantee or make long-term, low-interest loans to Nebraska residents seeking adult or post high school education at any public or private institution in this state. Qualifications for and the repayment of such loans shall be as prescribed by the Legislature. Adopted in 1875. Last amended in 1968. Article XIII-4 [ edit ] Nonprofit enterprise development; powers of counties and municipalities. Notwithstanding any other provision in this Constitution, the Legislature may authorize any county, city, or village to acquire, own, develop, and lease or finance real and personal property, other than property used or to be used for sectarian instruction or study or as a place for devotional activities or religious worship, to be used, during the term of any revenue bonds issued, only by nonprofit enterprises as determined by law and to issue revenue bonds for the purpose of defraying the cost of acquiring and developing or financing such property by construction, purchase, or otherwise. Such bonds shall not become general obligation bonds of the governmental subdivision by which such bonds are issued, and such governmental subdivision shall have no authority to impose taxes for the payment of such bonds. Notwithstanding the provisions of Article VIII, section 2, of this Constitution, the acquisition, ownership, development, use, or financing of any real or personal property pursuant to the provisions of this section shall not affect the imposition of any taxes or the exemption therefrom by the Legislature pursuant to this Constitution. The acquiring, owning, developing, and leasing or financing of such property shall be deemed for a public purpose, but the governmental subdivision shall not have the right to acquire such property for the purposes specified in this section by condemnation. The principal of and interest on any bonds issued may be secured by a pledge of the lease and the revenue therefrom and by mortgage upon such property. No such governmental subdivision shall have the power to operate any such property as a business or in any manner except as the lessor thereof. Adopted in 2010. Article XIV-1 [ edit ] Personnel; organization; discipline. The Legislature may provide for the personnel, organization, and discipline of the militia of the state. Adopted in 1875. Last amended in 1972. Article XV-1 [ edit ] Official oath; refusal; disqualification. Executive and judicial officers and members of the legislature, before they enter upon their official duties shall take and subscribe the following oath, or affirmation. "I do solemnly swear (or affirm) that I will support the constitution of the United States, and the constitution of the State of Nebraska, and will faithfully discharge the duties of .......... according to the best of my ability, and that at the election at which I was chosen to fill said office, I have not improperly influenced in any way the vote of any elector, and have not accepted, nor will I accept or receive, directly or indirectly, any money or other valuable thing from any corporation, company or person, or any promise of office, for any official act or influence (for any vote I may give or withhold on any bill, resolution, or appropriation)." Any such officer or member of the legislature who shall refuse to take the oath herein prescribed, shall forfeit his office, and any person who shall be convicted of having sworn falsely to, or of violating his said oath shall forfeit his office, and thereafter be disqualified from holding any office of profit or trust in this state unless he shall have been restored to civil rights. Adopted in 1875. Article XV-2 [ edit ] Official in default as collector and custodian of public money or property; disqualification; felon disqualified. No person who is in default as collector and custodian of public money or property shall be eligible to any office of trust or profit under the constitution or laws of this state. No person convicted of a felony shall be eligible to any such office unless he shall have been restored to civil rights. Adopted in 1875. Last amended in 1972. Article XV-3 [ edit ] Repealed 1986. Laws 1986, LR 318, sec. 1. Adopted in 1875. The repealed language read, "Drunkenness shall be cause of impeachment and removal from office." Article XV-4 [ edit ] Water a public necessity. The necessity of water for domestic use and for irrigation purposes in the State of Nebraska is hereby declared to be a natural want. Adopted in 1920. Article XV-5 [ edit ] Use of water dedicated to people. The use of the water of every natural stream within the State of Nebraska is hereby dedicated to the people of the state for beneficial purposes, subject to the provisions of the following section. Adopted in 1920. Article XV-6 [ edit ] Right to divert unappropriated waters. The right to divert unappropriated waters of every natural stream for beneficial use shall never be denied except when such denial is demanded by the public interest. Priority of appropriation shall give the better right as between those using the water for the same purpose, but when the waters of any natural stream are not sufficient for the use of all those desiring to use the same, those using the water for domestic purposes shall have preference over those claiming it for any other purpose, and those using the water for agricultural purposes shall have the preference over those using the same for manufacturing purposes. Provided, no inferior right to the use of the waters of this state shall be acquired by a superior right without just compensation therefor to the inferior user. Adopted in 1920. Article XV-7 [ edit ] Use of water for power purposes. The use of the waters of the state for power purposes shall be deemed a public use and shall never be alienated, but may be leased or otherwise developed as by law prescribed. Adopted in 1920. Article XV-8 [ edit ] Employment of women and children; minimum wage. Laws may be enacted regulating the hours and conditions of employment of women and children, and securing to such employees a proper minimum wage. Adopted in 1920. Article XV-9 [ edit ] Controversies between employers and employees; industrial commission; appeals. Laws may be enacted providing for the investigation, submission, and determination of controversies between employers and employees in any business or vocation affected with a public interest and for the prevention of unfair business practices and unconscionable gains in any business or vocation affecting the public welfare. An Industrial Commission may be created for the purpose of administering such laws, and appeals shall be as provided by law. Adopted in 1920. Last amended in 1990. Article XV-10 [ edit ] Repealed 1934. Laws 1933, c. 94, sec. 1, p. 376. Adopted in 1916. The repealed language read, "On and after May 1, 1917, the manufacture, the sale, the keeping for sale or barter, the sale or barter, under any pretext, of malt, spirituous, vinous or other intoxicating liquors, are forever prohibited in this state, except for medicinal, scientific, or mechanical, or sacramental purposes." Article XV-11 [ edit ] Repealed 1972. Laws 1971, LB 502, sec. 1. Adopted in 1875. Rendered moot by the ratification of the Seventeenth Amendment to the United States Constitution . The repealed language read, "The Legislature may provide that at the general election immediately preceding the expiration of the term of a United States Senator from this state, the electors may by ballot express their preference for some person for the office of the United States Senator. The votes cast for such candidates shall be canvassed and returned in the same manner as for state officers." Article XV-12 [ edit ] Removal of state capital. The seat of government of the state shall not be removed or relocated without the assent of a majority of the electors of the state voting thereupon, at a general election or elections, under such rules and regulations as to the number of elections and manner of voting and places to be voted for, as may be prescribed by law. Provided the question of removal may be submitted at such other general elections as may be provided by law. Adopted in 1875. Article XV-13 [ edit ] Labor organizations; no denial of employment; closed shop not permitted. No person shall be denied employment because of membership in or affiliation with, or resignation or expulsion from a labor organization or because of refusal to join or affiliate with a labor organization; nor shall any individual or corporation or association of any kind enter into any contract, written or oral, to exclude persons from employment because of membership in or nonmembership in a labor organization. Adopted in 1946. Article XV-14 [ edit ] Labor organization; definition. The term "labor organization" means any organization of any kind, or any agency or employee representation committee or plan, which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. Adopted in 1946. Article XV-15 [ edit ] Labor organizations; amendment self-executing; laws to facilitate operation permitted. This article is self-executing and shall supersede all provisions in conflict therewith; legislation may be enacted to facilitate its operation but no law shall limit or restrict the provisions hereof. Adopted in 1946. Article XV-16 [ edit ] Repealed 1972. Laws 1971, LB 688, sec. 1. Adopted in 1960. The subject matter of this section was transferred to Article XIII, Section 2. The repealed language read, "Notwithstanding any other provision in the Constitution, the Legislature may authorize any county, incorporated city or village, including cities operating under home rule charters, to acquire, own, develop, and lease real and personal property to manufacturing and industrial enterprises and to issue revenue bonds for the purpose of defraying the cost of acquiring and developing such property by construction, purchase, or otherwise. Such bonds shall not become general obligation bonds of the governmental subdivision by which such bonds are issued. Any such real or personal property so acquired, owned, developed or used by any such county, city or village, shall be subject to taxation to the same extent as private property during the time it is leased to or held by private interests, notwithstanding the provisions of Article VIII, section 2, of the Constitution. The acquiring, owning, developing, and leasing of such property shall be deemed for a public purpose, but the governmental subdivision shall not have the right to acquire such property by condemnation. The provisions of Article XIII, section 2, of the Constitution, shall not apply to the issuance of revenue bonds herein provided for. The principal of and interest on any bonds issued may be secured by a pledge of the lease and the revenues therefrom and by mortgage upon such property. No such governmental subdivision shall have the power to operate any such property as a business or in any manner except as the lessor thereof." Article XV-17 [ edit ] Retirement and pension funds; investment. Notwithstanding section 3 of Article XIII or any other provision in the Constitution: (1) The Legislature may provide for the investment of any state funds, including retirement or pension funds of state employees and Nebraska school employees in such manner and in such investments as it may by statute provide; and (2) The Legislature may authorize the investment of retirement or pension funds of cities, villages, school districts, public power districts, and other governmental or political subdivisions in such manner and in such investments as the governing body of such city, village, school district, public power district and other governmental or political subdivision may determine but subject to such limitations as the Legislature may by statute provide. Adopted in 1966. Article XV-18 [ edit ] Governmental powers and functions; intergovernmental cooperation; Legislature may limit; merger or consolidation of counties or other local governments authorized. (1) The state or any local government may exercise any of its powers or perform any of its functions, including financing the same, jointly or in cooperation with any other governmental entity or entities, either within or without the state, except as the Legislature shall provide otherwise by law. (2) The Legislature may provide for the merger or consolidation of counties or other local governments. No merger or consolidation of municipalities or counties shall occur without the approval of a majority of the people voting in each municipality or county to be merged or consolidated as provided by law. If the proposal is a merger or consolidation of one or more municipalities with one or more counties, the vote shall be tabulated in each municipality in the county or counties separately from the areas of the county or counties outside the boundaries of the municipalities. If the merger or consolidation is not approved by a majority of voters voting in the election in a municipality proposed to be merged or consolidated or the areas of the county or counties outside the boundaries of such municipality or municipalities, the proposed merger or consolidation shall be deemed rejected. Any merger or consolidation of local governments may be initiated by petition as provided by law. Annexation shall not be considered a merger or consolidation for purposes of this section. If the Legislature provides for the merger or consolidation of one or more municipalities with one or more counties, the Legislature shall provide for the reversal of the merger or consolidation. No such reversal shall occur without voter approval. The vote shall be tabulated in each municipality which is proposed to be created by the reversal separately from the areas outside the boundaries of the proposed municipalities. If the reversal is not approved by a majority of voters voting in the election in the area within the boundaries of any proposed municipality or the areas outside the proposed municipalities, the reversal shall be deemed rejected. Adopted in 1972. Last amended in 1998. Article XV-19 [ edit ] Liquor licenses; municipalities and counties; powers. Notwithstanding any other provision of this Constitution, the governing bodies of municipalities and counties are empowered to approve, deny, suspend, cancel, or revoke retail and bottle club liquor licenses within their jurisdictions as authorized by the Legislature. Adopted in 1992. Article XV-20 [ edit ] Omitted. (Elected Government officials-limitation on terms.) Adopted in 1994. Omitted because of the decision of the Nebraska Supreme Court in Duggan v. Beermann , 249 Neb. 411, 544 N.W.2d 68 (1996). The omitted language read, "(1) In order to broaden the opportunities for public service and to assure that elected officials of governments are responsive to the citizens of those governments, no elected member of any governing board of any city of the metropolitan class, primary class, or first class, and no elected members of any County Board of Commissioners or Supervisors, shall serve more than two consecutive terms in office, except that with respect to terms of office which are two years or shorter in duration, no such elected official shall serve more than three consecutive terms in office. This limitation on the number of terms shall apply to terms of office beginning on or after January 1, 1995. For purposes of this Section, terms are considered consecutive unless they are at least four years apart. (2) The voters of any city or county referred to above in Article XV, Section 20(1), may lengthen, shorten, or eliminate the limitations on terms of office imposed by this Section 20." Article XV-21 [ edit ] Omitted. (Representatives in Congress; United States Senator; filing ineligibility.) Adopted in 1992 as Section 20. Adopted in 1994 as Section 21. Omitted because of the decisions of the Nebraska Supreme Court in Duggan v. Beermann , 245 Neb. 907, 515 N.W.2d 788 (1994) and Duggan v. Beermann , 249 Neb. 411, 544 N.W.2d 68 (1996). The omitted language read, "Any person who shall have been elected to serve three consecutive terms in the office of Representative in Congress shall not be listed on any official ballot at any primary or general election to seek a fourth consecutive term; and any person who shall have been elected to serve two consecutive terms in the office of United States Senator shall not be listed on any official ballot at any primary or general election to seek a third consecutive term and neither may be listed on an official ballot as a candidate for a period of years equal to the number of years in the term for which that person was last elected as Representative in Congress or as a United States Senator. The term held and being served as the result of an election prior to the effective date of this amendment shall not be included in the number of consecutive terms referred to in stipulating ineligibility to file for election or to be listed on an election ballot." The 1992 language of Section 20 was identical except that it limited representatives to four terms instead of three. Article XV-22 [ edit ] Omitted. (Appointments; effective date of term; ineligibility.) Adopted in 1992 as Section 21. Adopted in 1994 as Section 22. Omitted because of the decisions of the Nebraska Supreme Court in Duggan v. Beermann , 245 Neb. 907, 515 N.W.2d 788 (1994) and Duggan v. Beermann , 249 Neb. 411, 544 N.W.2d 68 (1996). The omitted language read, "The following provisions of this section shall apply to the state offices of Lieutenant Governor, Secretary of State, Auditor of Public Accounts, Treasurer, Attorney General, members of the State Legislature, elected members of the Public Service Commission, elected members of the State Board of Education, elected members of the Board of Regents of the University of Nebraska: (a) No person shall be appointed to serve in an office previously held by election. (b) A portion of a term held and being served by appointment shall not come under the restrictive covenants set forth herein. (c) The term held and being served as the result of an election prior to the effective date of this amendment shall not be included in the number of consecutive terms referred to in stipulating ineligibility to file for election or to serve for any of the offices named in this initiative petition." Article XV-23 [ edit ] Omitted. (Election officers and officials; penalties.) Adopted in 1992 as Section 22. Adopted in 1994 as Section 23. Omitted because of the decisions of the Nebraska Supreme Court in Duggan v. Beermann , 245 Neb. 907, 515 N.W.2d 788 (1994) and Duggan v. Beermann , 249 Neb. 411, 544 N.W.2d 68 (1996). The omitted language read, "The Secretary of State and all other election officers of the state and counties of Nebraska, are prohibited [from accepting any application for election and] from placing or permitting to be placed any name on any official ballot in violation of the provisions of Article III Section 8; Article IV Section 3 and 20; Article VII Section 3 and 10; Article XV, Section 20, 21, and 22 [Section 20 and 21]; and violation thereof of any of these provisions shall be grounds for removal from office, and disqualifications in [disqualification from] holding any other public office in Nebraska or any county or political subdivision thereof and shall be subject to such other punishments as the Legislature may from time to time prescribe. Any registered voter of the state may seek enforcement of these provisions." The parts in brackets indicate the differences of the 1992 language from the 1994 language. Article XV-24 [ edit ] Omitted. (Severability.) Adopted in 1992 as Section 23. Adopted in 1994 as Section 24. Omitted because of the decisions of the Nebraska Supreme Court in Duggan v. Beermann , 245 Neb. 907, 515 N.W.2d 788 (1994) and Duggan v. Beermann , 249 Neb. 411, 544 N.W.2d 68 (1996). The omitted language read, "If any of the provisions hereby adopted shall be held void for any reason, the remaining provisions shall continue in full force and effect." Article XV-25 [ edit ] Right to hunt, to fish, and to harvest wildlife; public hunting, fishing, and harvesting of wildlife; preferred means of managing and controlling wildlife. The citizens of Nebraska have the right to hunt, to fish, and to harvest wildlife, including by the use of traditional methods, subject only to laws, rules, and regulations regarding participation and that promote wildlife conservation and management and that preserve the future of hunting, fishing, and harvesting of wildlife. Public hunting, fishing, and harvesting of wildlife shall be a preferred means of managing and controlling wildlife. This section shall not be construed to modify any provision of law relating to trespass or property rights. This section shall not be construed to modify any provision of law relating to Article XV, section 4, Article XV, section 5, Article XV, section 6, or Article XV, section 7, of this constitution. Adopted in 2012. Article XV-26 [ edit ] Political subdivision; revenues; commercial passenger air service. Notwithstanding restrictions imposed by any other provision in the Constitution, any city, county, or other political subdivision owning or operating an airport may expend or otherwise employ its revenues, from whatever source, for the public purpose of developing, or encouraging the development of, new or expanded regularly scheduled commercial passenger air service at such airport. Adopted in 2022. Article XVI-1 [ edit ] How Proposed. The Legislature may propose amendments to this Constitution. If the same be agreed to by three-fifths of the members elected to the Legislature, such proposed amendments shall be entered on the journal, with yeas and nays, and published once each week for three consecutive weeks, in at least one newspaper in each county, where a newspaper is published, immediately preceding the next election of members of the Legislature or a special election called by the vote of four-fifths of the members elected to the Legislature for the purpose of submitting such proposed amendments to the electors. At such election said amendments shall be submitted to the electors for approval or rejection upon a ballot separate from that upon which the names of candidates appear. If a majority of the electors voting on any such amendment adopt the same, it shall become a part of this Constitution, provided the votes cast in favor of such amendment shall not be less than thirty-five per cent of the total votes cast at such election. When two or more amendments are submitted at the same election, they shall be so submitted as to enable the electors to vote on each amendment separately. Adopted in 1875. Last amended in 1968. Article XVI-2 [ edit ] Convention. When three-fifths of the members elected to the Legislature deem it necessary to call a convention to revise, amend, or change this constitution, they shall recommend to the electors to vote at the next election of members of the Legislature, for or against a convention, and if a majority of the electors voting on the proposition, vote for a convention, the Legislature shall, at its next session provide by law for calling the same; Provided , the votes cast in favor of calling a convention shall not be less than thirty-five per cent of the total votes cast at such election. The convention shall consist of not more than one hundred members, the exact number to be determined by the Legislature, and to be nominated and elected from districts in the manner to be prescribed by the Legislature. Such members shall meet within three months after their election, for the purpose aforesaid. No amendment or change of this constitution, agreed upon by such convention, shall take effect until the same has been submitted to the electors of the state, and adopted by a majority of those voting for and against the same. Adopted in 1875. Last amended in 1952. Article XVII-1 [ edit ] Terms; reference to members of the Legislature to include appointed and elected members. Whenever they shall appear in this Constitution, the terms members of the Legislature, elected members of the Legislature, or similar terms referring to the members of the Legislature, shall include appointed and elected members of the Legislature. Adopted in 1920. Last amended in 1972. Article XVII-2 [ edit ] Repealed 1972. Laws 1971, LB 504, sec. 1. Adopted in 1920. The repealed language read, "That Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 15, 16, 17, 18, 19, 21, 22, 23, 24, and 27 of Article XVI be repealed and eliminated therefrom." The Constitutional Convention of 1920 recommended—and voters adopted—eliminating 22 sections from what was then Article XVI of the original Constitution of 1875. Article XVII-3 [ edit ] Repealed 1972. Laws 1971, LB 504, sec. 1. Adopted in 1920. Amended in 1952. The repealed language read, "Until otherwise provided by law the salary of the Lieutenant Governor shall be twice the salary of a member of the Legislature." Article XVII-4 [ edit ] General election of state. The general election of this state shall be held on the Tuesday succeeding the first Monday of November in the year 1914 and every two years thereafter. All state, district, county, precinct, township and other officers, by the constitution or laws made elective by the people, except school district officers, and municipal officers in cities, villages and towns, shall be elected at a general election to be held as aforesaid. An incumbent of any office shall hold over until his successor is duly elected and qualified. Adopted in 1875. Last amended in 1972. Article XVII-5 [ edit ] Terms of office of all elected officers. Unless otherwise provided by this Constitution or by law the terms of all elected officers shall begin on the first Thursday after the first Tuesday in January next succeeding their election. Adopted in 1875. Last amended in 1972. Article XVII-6 [ edit ] Transferred to Article III, section 30, in 1998. Adopted in 1875. The original language read, "The Legislature shall pass all laws necessary to carry into effect the provisions of this constitution." Article XVII-7 [ edit ] Repealed 1972. Laws 1971, LB 504, sec. 1. Adopted in 1875. Amended in 1964. The repealed language read, "The Legislature shall provide for the drawing of the warrants of the state for the payment of the salaries of all officers under this constitution, whose compensation is not otherwise provided for, which shall be paid out of any funds not otherwise appropriated." Article XVII-8 [ edit ] Repealed 1972. Laws 1971, LB 504, sec. 1. Adopted in 1875. The repealed language read, "Until otherwise provided by law, the judges of the district courts shall fix the time of holding courts in their respective districts." Article XVII-9 [ edit ] Repealed 1998. Laws 1997, LR 17CA, sec. 3. Adopted in 1875. The repealed language read, "This constitution shall be enrolled and deposited in the office of the secretary of state, and printed copies thereof shall be prefixed to the books containing the laws of the state, and all future editions thereof." Article XVII-10 [ edit ] (Failed to carry at election.) Legislative Bill 30, corresponding to Chapter 25 of the Session Laws of 1939 and consisting of three sections, proposed an amendment to the Constitution. Section 2 of the bill provided that an additional section should be inserted in Article XVII "to be known and numbered" as section 10. The amendment was rejected in the election of 1940. Legislative Bill 179, corresponding to Chapter 109 of the Session Laws for 1939, likewise proposed an amendment which was adopted. Section 2 of this bill provided that an additional section should be inserted in Article XVII "to be known and numbered" as section 11. For this reason there is no section 10 of Article XVII. If the amendment had been approved, Article IX, Section 4, of the Nebraska Constitution would have been amended, and this section would have read as follows: "This amendment (1940) shall be self-executing and legislation authorized hereby shall be supplemental hereto; and this amendment, except as otherwise herein specifically provided, shall be in full force and take effect on the first Thursday after the first Tuesday in January, 1941." Article XVII-11 [ edit ] Repealed 1972. Laws 1971, LB 504, sec. 1. Adopted in 1940. The repealed language read, "This amendment (1940) shall be self-executing, and after it becomes effective, all statutes and laws and provisions of this Constitution referring to the present Boards of Educational Lands and Funds shall mean and included, while in effect, said board of commissioners, the Board of Educational Lands and Funds, as constituted hereby; and this amendment shall be in full force and take effect on the first Thursday after the first Tuesday in January, 1941." The content of this section related to an amendment of Article VII, Section 1, which was approved by the voters in 1940. Article XVIII-1 [ edit ] Statement of intent. The people of the State of Nebraska want to amend the United States Constitution to establish term limits on Congress that will ensure representation in Congress by true citizen lawmakers. The President of the United States is limited by the XXII Amendment to the United States Constitution to two terms in office. Governors in forty states are limited to two terms or less. Voters have established term limits for over two thousand state legislators as well as over seventeen thousand local officials across the country. Nevertheless, Congress has ignored our desire for term limits not only by proposing excessively long terms for its own members but also by utterly refusing to pass an amendment for genuine congressional term limits. Congress has a clear conflict of interest in proposing a term limits amendment to the United States Constitution. A majority of both Republicans and Democrats in the 104th Congress voted against a constitutional amendment containing the term limits passed by a wide margin of Nebraska voters. The people, not Congress, should set term limits. We hereby establish as the official position of the citizens and State of Nebraska that our elected officials should enact by constitutional amendment congressional term limits of three terms in the United States House of Representatives and of two terms in the United States Senate. The career politicians dominating Congress have a conflict of interest that prevents Congress from being what the founders intended, the branch of government closest to the people. The politicians have refused to heed the will of the people for term limits; they have voted to dramatically raise their own pay; they have provided lavish million-dollar pensions for themselves; and they have granted themselves numerous other privileges at the expense of the people. Most importantly, members of Congress have enriched themselves while running up huge deficits to support their spending. They have put the government nearly $5,000,000,000,000.00 (five trillion dollars) in debt, gravely threatening the future of our children and grandchildren. The corruption and appearance of corruption brought about by political careerism is destructive to the proper functioning of the first branch of our representative government. Congress has grown increasingly distant from the people of the states. The people have the sovereign right and compelling interest in creating a citizen Congress that will more effectively protect our freedom and prosperity. This interest and right may not effectively be served in any way other than that proposed by this initiative. We hereby state our intention on behalf of the people of Nebraska, that this initiative lead to the adoption of the following amendment to the United States Constitution: CONGRESSIONAL TERM LIMITS AMENDMENT TO THE UNITED STATES CONSTITUTION