Article XV, Nebraska Constitution

Nebraska Constitution
Preamble
Articles
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Article XV of the Nebraska Constitution consists of 24 sections.

Section 1

Text of Section 1: 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.

Amendments

• Transferred by Constitutional Convention, 1919-1920, art. XV, sec. 1.

Section 2

Text of Section 2: 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.

Amendments

• Transferred by Constitutional Convention, 1919-1920, art. XV, sec. 2.
• Amended in 1972, Laws 1972, LB 503, sec. 1.

Section 3

	Text of Section 3: Repealed Repealed.

Amendments

• Repealed in 1986, Laws 1986, LR 318, sec. 1.

Section 4

	Text of Section 4: 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.

Amendments

• Adopted in 1920 by Constitutional Convention, 1919-1920, No. 35.
• Transferred by Constitutional Convention, 1919-1920, art. XV, sec. 4.

Section 5

	Text of Section 5: 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.

Amendments

• Adopted in 1920 by Constitutional Convention, 1919-1920, No. 35.
• Transferred by Constitutional Convention, 1919-1920, art. XV, sec. 5.

Section 6

Text of Section 6: 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 therefore to the inferior user.

Amendments

• Adopted in 1920 by Constitutional Convention, 1919-1920, No. 35.
• Transferred by Constitutional Convention, 1919-1920, art. XV, sec. 6.

Section 7

	Text of Section 7: 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.

Amendments

• Adopted in 1920 by Constitutional Convention, 1919-1920, No. 36.
• Transferred by Constitutional Convention, 1919-1920, art. XV, sec. 7.

Section 8

	Text of Section 8: 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.

Amendments

• Adopted in 1920 by Constitutional Convention, 1919-1920, No. 37.
• Transferred by Constitutional Convention, 1919-1920, art. XV, sec. 8.

Section 9

Text of Section 9: 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.

Amendments

• Adopted in 1920 by Constitutional Convention, 1919-1920, No. 38.
• Transferred by Constitutional Convention, 1919-1920, art. XV, sec. 9;
• Amended in 1990, Laws 1990, LR 8, sec. 1.

Section 10

	Text of Section 10: Repealed Repealed.

Amendments

• Repealed in 1934, Laws 1933, c. 94, sec. 1, p. 376.

Section 11

	Text of Section 11: Repealed Repealed.

Amendments

• Repealed in 1972, Laws 1971, LB 502, sec. 1.

Section 12

Text of Section 12: 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.

Amendments

• Transferred by Constitutional Convention, 1919-1920, art. XV, sec. 12.

Section 13

Text of Section 13: 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.

Amendments

• Adopted 1946, Initiative Measure No. 302, sec. 1.

Section 14

	Text of Section 14: 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.

Amendments

• Adopted in 1946, Initiative Measure No. 302, sec. 2.

Section 15

	Text of Section 15: 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.

Amendments

• Adopted in 1946, Initiative Measure No. 302, sec. 3.

Section 16

	Text of Section 16: Repealed Repealed.

Amendments

• Repealed in 1972, Laws 1971, LB 688, sec. 1.

Section 17

Text of Section 17: 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.

Amendments

• Adopted in 1966, Laws 1965, c. 302, sec. 2(2), p. 852.

Section 18

Text of Section 18: 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.

Amendments

• Adopted in 1972, Laws 1971, LB 604, sec. 1.
• Amended in 1998, Laws 1998, LR 45CA, sec. 2.

Section 19

	Text of Section 19: 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.

Amendments

• Adopted in 1992, Laws 1992, LR 9CA, sec. 1.

Sections 20-24

	Text of Sections 20-24: Omitted Omitted.

Note: Article XV, sections 20 to 24, of the Constitution of Nebraska, as adopted in 1992 by Initiative 408, has been omitted because of the decision of the Nebraska Supreme Court in Duggan v. Beermann, 249 Neb. 411, 544 N.W.2d 68 (1996).

Section 25

Text of Section 25: 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.

Amendments

• Section 25 was added with the approval of Amendment 2 on November 6, 2012.

Section 26

Text of Section 26: 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.

Amendments

• Section 26 was added with the approval of Amendment 1 on November 8, 2022.

See also

• State constitution
• Constitutional article
• Constitutional amendment
• Constitutional revision
• Constitutional convention
• Amendments
  • Initiated constitutional amendment
  • Legislatively-referred constitutional amendment
  • Publication requirements for proposed state constitutional amendments
  • Rules about constitutional conventions in state constitutions
  • State constitutional articles governing state legislatures

External links

Suggest a link

• Nebraska State Legislature, "Nebraska Constitution"

Additional reading

• Miewald, Robert D., and Peter J. Longo, Anthony B. Schutz, Robert M. Spire, John M. Gradwohl. (2010). The Nebraska State Constitution: A Reference Guide, Omaha, Nebraska: University of Nebraska Press
• Miewald, Robert D. and Professor Peter J. Longo. (2011). The Nebraska State Constitution, New York, New York: Oxford University Press
• Lobingier, Charles Sumner. "Some Original and Peculiar Features in the Nebraska Constitution" in the Annals of the American Academy of Political and Social Science, Vol. 15, May, 1900, pp. 121-125