Opinion No. (1985)

REQUESTED BY: Senator Don Wesely Nebraska State Legislature 1402 State Capitol Lincoln, NE 68509

Dear Senator Wesely:

This letter is in response to your earlier correspondence in which you requested our opinion as to the constitutionality of LB 578. Specifically, you asked whether LB 578 violates any state or federal constitutional provisions including the Commerce Clause of the United States Constitution. We have reviewed the bill in question along with various relevant legal authorities. As is discussed below, we have concluded that LB 578 is of suspect constitutional validity.

LB 578 would…