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Newspaper
Polk Progress
Location
Polk, Nebraska, United States of America
Date
Oct 26, 1972
Page
2
Legal notice lists measures to be voted on November 7 1972 including ballot titles and texts of constitutional amendments proposed by the Eighty second Legislature, First Session 1971 and Second Session 1972. Explanatory statements in italics prepared by the Executive Board of the Legislative Council accompany the proposals.
Proposed amendment to Nebraska Constitution sets eligibility at twenty-one with voter registration and district residency, updates impeachment provisions for a unicameral system, and adjusts related sections. It preserves two-thirds impeachment Court action and requires publication within sixty days. For and Against.
Section 11 allows the Legislature to change the number of district court judges and redraw district boundaries while preserving current office vacancies. Districts must be compact and follow county lines.
The proposal would remove the constitutional four hundred dollar monthly salary cap and let the Legislature fix pay. It would keep the current clause stating salaries shall not exceed four hundred dollars per month, with the exact amount to be set by law.
Article II section 7 outlines staggered 1964 election terms for half the legislature for four years and the rest for two years, followed by four year terms. It specifies redistricting rules, nonpartisan nominations, and salary plus travel expenses with limited perquisites for members and staff.
Proposed Amendment No 4 would remove the writ of error as the method for felony appeal to the Supreme Court and replace it with a simple declaration of the defendants right to appeal. The change is procedural only and preserves existing rights for felony defendants to have appeals heard by the Supreme Court.
Article I section 238 states felonies grant the defendant the right to appeal to the Supreme Court. In capital cases, such appeal acts as a supersedeas to stay the death sentence until the Supreme Court issues further orders.
The proposal rearranges and clarifies provisions for filling vacancies in office, governor removal powers, and line of succession to the governor. It retains existing provisions, transfers vacancy rules from Legislature to executive, changes removal and filling provisions, and repeals specified sections of the Nebraska Constitution. It adds a provision for succession if the governor elect dies.
Proposed November 1972 amendment to Articles II and IV outlines the Governor's appointment and removal powers for state offices, with legislative approval requirements, temporary fills during sessions, and rules for reappointment and vacancy handling.
The text outlines succession rules placing the Lieutenant Governor and others in line for governor, rules for absence or illness, post 1975 duties of the Lieutenant Governor, repeal of certain constitutional articles, and tax provisions. It covers interstate commerce vehicle taxation, allocation of motor tax proceeds, agricultural land valuation for tax purposes, and broader property and intangible tax policies, with legislature power over exemptions and revenue laws.
The proposal aims to clarify language in Article XV Section 2 of the Constitution regarding ineligibility for public office due to certain offenses. No substantive changes are expected from this amendment.
Text from Article XV section 2 states a person in default as collector of public money or property cannot hold any office of trust or profit. It adds that a person convicted of a felony is ineligible unless civil rights are restored.
Ballot text outlines two positions on Amendment No 7. It would let the Legislature set tax value for land used in agriculture based on its actual use, potentially ignoring higher development value. The opposite view argues for valuation reflecting potential non farm use.
The text outlines that state and local revenues come from taxes directed by the Legislature. Taxes must be levied by valuation on tangible property and franchises, with potential alternate methods for motor vehicles. It allows a separate class for dealer-owned vehicles and another for trucks and trailers as determined by law.
The amendment aims to include employees and lawmakers in the state officers and employees retirement system while maintaining the constitutional ban on Legislature members and staff joining the existing system for other state officials. It would allow inclusion of legislators and staff in the retirement plan at any time.
Article III outlines four year terms for most legislators with two year terms for some and four year cycles thereafter. It sets nonpartisan nominations, limits on party indicators on ballots, and a monthly salary not to exceed four hundred dollars plus actual travel expenses per diem. It also allows participation in an existing retirement system.
Proposed Amendment No 9 retains a monthly salary not to exceed four hundred dollars for the term of office. The suggested provision would designate the salary amount and duration, ensuring a fixed stipend during service.
The document outlines amendments concerning per diem and salary provisions for legislators, limits on additional compensation, and the establishment of the State Board of Education with a Commissioner. It details the structure of the Department of Education, lands and funds for educational purposes, and the creation of the Board of Educational Lands and Funds with perpetual funds for common schools.
The text outlines rules for redistricting and nominating new members in a nonpartisan manner, with no party affiliation on ballots. It sets a monthly salary cap of four hundred dollars for legislators during sessions, plus travel expenses for regular or special sessions. It also mentions per diem compensation when on legislative business and states employees receive only salary or per diem.
Proposed Amendment No 10 seeks to rearrange provisions of the Article on Education for clarity and logic. It aims to clarify Legislature authority over education in public institutions for ages outside five to twenty one and to remove obsolete language. The reform recodifies revises and clarifies Article VII provisions.
The Nebraska Legislature proposes amendments to Article VII outlining free instruction for all persons aged two to twenty-one in common schools. It also directs provision for education of other persons in state or political subdivision run institutions.
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