Opinion No. (1982)

REQUESTED BY: Senator Harold F. Sieck State Capitol Box 24 Lincoln, NE 68509

Dear Senator Sieck:

This is in response to your inquiry pertaining to whether the `ten percent surcharge' referred to throughout LB 818 is a `fine or penalty' within the meaning of ArticleVII, Section 5 of the Nebraska Constitution.

The `surcharge' is properly regarded as a `penalty' and subject to the provisions of Article VII, Section 5 of the Nebraska Constitution.

Courts are prone to defining the term `penalty' with reference to the particular situation under consideration. Nevertheless, in Nebraska at least, if…