Opinion No. (1982)

REQUESTED BY: Senator Carol McBride Pirsch Member of the Legislature State Capitol, Room 1126 Lincoln, Nebraska 68509

Dear Senator Pirsch:

This is in response to your questions pertaining to the effect of Nebraska Constitution, Article VII, Section 5, on LB 948 (your proposed Forfeiture of Drug Profits Act).

The first question you ask is whether money which may be `forfeited' under section (1)(g) of that Act is defined as a `fine, penalty, or license.'

The answer is that such `forfeited' money is a criminal penalty.

Whether the term `money' under section (1)(g) of that Act indicates a `fine,…