Doug Peterson

Nebraska Attorney General

Whether LB 429 violates the separation of powers clause in Neb. Const. art. II,§ 1, by prohibiting the Department of Health and Human Services from implementing any "substantial changes" to the facilities or programs under the jurisdiction of the Office of Juvenile Services "until the conclusion of the earliest regular session of the Legislature in which there has been a reasonable opportunity for legislative consideration of such proposed changes."

Opinion Number: 
21-002
Opinion Date: 
Thursday, March 11, 2021

Whether LB 429 violates the separation of powers clause in Neb. Const. art. II,§ 1, by prohibiting the Department of Health and Human Services from implementing any "substantial changes" to the facilities or programs under the jurisdiction of the Office of Juvenile Services "until the conclusion of the earliest regular session of the Legislature in which there has been a reasonable opportunity for legislative consideration of such proposed changes." 

Opinion PDF: