Senator Lynne Walz Nebraska State Legislature, 032621 NDAGO, AGO 21-003

Docket NºAGO 21-003
Case DateMarch 26, 2021
Senator Lynne Walz Nebraska State Legislature
AGO 21-003
No. 21-003
Nebraska Attorney General Opinion
State of Nebraska office of the Attorney General
March 26, 2021
         SUBJECT: Does LB 528, as Amended, Violate the Single Subject Requirement in Neb. Const. art. Ill, § 14?          REQUESTED BY: Senator Lynne Walz Nebraska State Legislature          WRITTEN BY: Douglas J. Peterson, Attorney General, Lynn A. Melson, Assistant Attorney General.          INTRODUCTION          You have requested an opinion from this office on the constitutionality of LB 528, titled: "Provide, change, and eliminate provisions relating to education." A proposed amendment, AM556, was filed on March 16, 2021, and would replace the bill. You have specifically asked whether LB 528, as amended, would violate Neb. Const. art. Ill, § 14, which requires that no bill shall contain more than one subject.          LB 528, as amended, amends Nebraska statutes concerning various topics which include the following: (1) updating references to "accredited" instead of "regionally accredited" postsecondary institutions in numerous state statute; (2) leasing of school lands; (3) school district budgets and budget hearings; (4) mandatory school attendance; (5) temporary teaching certificates; (6) changes to the Tax Equity and Educational Opportunities Support Act; (7) valuation of and distribution of funds to educational service units; (8) school classifications; (9) use and reporting of income from solar and wind agreements on school lands; (10) college savings plans; (11) scholarship programs; and, (12) the contents of school student identification cards.          Neb. Const, art. Ill, § 14 provides, in part: "No bill shall contain more than one subject, and the same shall be clearly expressed in the title." You have referred to LB 528, as amended, as a "Christmas tree bill" and you are correct that a variety of statutes would be amended by this bill. However, as this office has noted in prior opinions, the Nebraska Supreme Court has adopted a liberal construction with respect to this constitutional requirement. See, e.g., Op. Att'y Gen. No. 03012 (May 7...

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