Opinion No. (1983)

REQUESTED BY: Senator Carol McBride Pirsch Nebraska State Legislature 1126 State Capitol Lincoln, Nebraska 68509

Dear Senator Pirsch:

You have asked whether or not there are any constitutional problems with LB 77. We do perceive a constitutional problem.

Section 2 makes the effectiveness of the act dependent upon a constitutional amendment. The section does not specify what constitutional amendment must be adopted, nor does it identify the intent or purpose of the constitutional amendment. Statutes which are unconstitutional at the time they are adopted are a nullity. See, Board of…