Attorney General Opinions

Attorney General opinions.

Sign up for Consumer Alerts

Stay informed on the latest consumer scams.

Attorney General Newsletter

Get updates on the Nebraska Attorney General's Office.

AGO Opinion 83119

May 19, 1983
Senator Don Wesely
Nebraska State Legislature
State Capitol
Linccln, NE 68509




Dear Senator Wesely:

You have asked for our opinion on whether or not you may amend LB 371A to provide for a salary increase for state employees.

Due to the time constraints under which we operate in responding to your letter, extensive research and citation is not possible. We may, however, set out certain points. LB 371A is entitled the bill to fund the provisions of LB 371. LB 371 is entitled an act relating to the support and
protection of certain parties and to amend enumerated statutes to authorize ex parte orders and to modify the provisions relating to temporary child support, and define and redefine terms to authorize attorneys to enforce child
support efforts as prescribed and to provide severabiiity and to reveal the original sections. Substantially LB 37] deals with child support enforcement.

We believe that LB 371A would not be a proper-vehicle for a raise for state employees for several reasons. They are: (i) that such an amendment would not he germane to the title or purpose of LB 37!A or LB 371; (2) LB 37!A is not an appropriations bill as contemplated by the Constitution for the purpose of funding state government operations; and (3) "A" bills traditionally have served a function in the legislative process of funding new program’s or duties that were not in existence prior to their adoption in the companion bill.

For all of the above reasons, we believe that an amendment to LB 371A which has as its purpose the appropriation of money to the various state departments for
the purpose of granting salary increases would be
unconstitutional.

Very truly yours,

PAUL L. DOUGLAS
Attorney General