Opinion No. (1999)

REQUESTED BY: Governor Mike Johanns You have asked this office to examine the constitutionality of Legislative Bill 76, 96th Legislature, First Session (1999), a bill passed on May 20, 1999, by the Nebraska Legislature. The bill provides for a two year moratorium on "execution of a death sentence" for Nebraska prisoners lawfully sentenced to death. We conclude that the moratorium provisions of LB 76 are an unconstitutional attempt by the legislature to usurp powers granted by the Nebraska Constitution to the executive branch. Specifically, LB 76 infringes upon the powers reserved in the…