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1981 Nebraska Attorney General Reports and Opinions 1 (1981)

handle is hein.sag/sagne0013 and id is 1 raw text is: DEPARTMENT OF JUSTICE STATS OF NEBRASKA TELtPMOdS 40A1 1.84ea * STATS CAPITOL January 5 1981 * LINCOLN. NIUaRASMA 54509 OPAA.. L. OUOLAS Atowey GeW GERA.D , VerAuvAS OMAwY Anww , 0a Aasm. T64usON oEsIAW Anm Gowa Honorable Marge ieggins Member of the Legislature 6820 J Street Omaha, Nebraska 68117 Dear Senator Higgins: This is in reply to your letter of December 26, 1980, in which you state that you anticipate introducing a bill to make it illegal for county governments to make donations to private corporations, etc. You inquire if there are any laws already on the books which would make such legislation redundant. So far as we know there is no specific legislation which would cover the problem indicated. The Nebraska Constitution does have certain limitations but questions still arise as to their applicability. For example, Article XIII, Section 3, of the Nebraska Constitution provides in part, The credit of .he state shall never be given or loaned in aid of any individual, association, or corporation, . . There is still a question of interpretation whether or not any particular expenditure is for a public purpose and therefore authorized to be elxpended by the county, city or governmental subdivision involved. In the case of United Community Services vs. The Omaha National Rank and 95i 6iaha Public Power District, 162 Neb. 786, the pledge of a donation by the power district to the United Community Services was involved inasmuch as the power district was a governmental subdivision. The Supreme Court of Nebraska first stated that S&@n*@ L Peqzeta eSe N utc'urten As .weP .*@*4 d Ueree m.raw 1. W~rer se4Vr'. r own apa W4OieJap afts spro NOSne - est puebt P. owe 0V~ Qrvt 4P naw Uutst Anse £ Ge.'er I.Yo. asons n Q Codwc A, owsw Qda A r.e OSe A cys. LeteAdr