Advisory Opinion 027

REQUESTED BY: The Honorable Frank Lewis, Senator, 45th District

QUESTION: Are contributions by corporations, labor organizations, or industry, trade or professional associations to the Midwestern Conference of the Council of State Governments subject to being reported as contributions by a corporation pursuant to Section 49-1469 of the Nebraska Political Accountability and Disclosure Act or as lobbying expenditures pursuant to the provisions of Section 49-1483?

CONCLUSION

No.

FACTS

Advisory Opinion 026

REQUESTED BY: Ed Schulenber, Chief, Division of Social Services, Department of Public Welfare

QUESTION: May a judge of a Separate Juvenile Court enter into a contract with the Department of Public Welfare to be paid a per diem to serve on an advisory committee and be a consultant in connection with rules and regulations pertaining to the licensing of child care institution to be adopted by the Department of Public Welfare?

CONCLUSION

No.

ANALYSIS

Advisory Opinion 025

REQUESTED BY: Gary Gustafson, Executive Secretary, Nebraska Power Review Board.

QUESTION: May a person who is a member of the Nebraska Power Review Board continue to serve in such capacity since being employed by the University of Nebraska as its General Counsel?

CONCLUSION

Yes.

ANALYSIS

The Nebraska Power Review Board is a statutory agency created by the Legislature to regulate certain aspects of public power in Nebraska.

Advisory Opinion 024

REQUESTED BY: David L. Piester, Director, Legal Services of Southeast Nebraska

QUESTION: Is a lawyer, employed by a legal aid organization, when engaging in lobbying activities other than appearing before a legislative committee and setting forth for whom he appears, required to register as a lobbyist for each legal aid "client" served in a lobbying capacity . . . and accordingly file monthly reports for both himself and each such "client"?

CONCLUSION

Advisory Opinion 023

REQUESTED BY: Terence B. Campbell

QUESTION: May an employee of the Penal Complex, who is an agent for a catalogue merchandiser, have goods from that catalogue approved by another employee of the Penal complex for purchase by inmates from their own funds?

CONCLUSION

Yes.

FACTS

Advisory Opinion 022

REQUESTED BY: Roy Hahn, Attorney At Law

QUESTION: Does the Statement of Financial Interests required for the preceding calendar year pursuant to the provisions of section 49-1493, R.S.Supp., 1976, apply to the whole of the calendar year 1977 or just from the effective date of the Act, to wit: July 1,1977, to December 31, 1977?

CONCLUSION

The requirement of filing a Statement of Financial Interests for the preceding calendar year applies to the whole of the calendar year 1977 even though the Act did not become effective until July 1, 1977.

FACTS

Advisory Opinion 021

REQUESTED BY: David A. Ludtke, Legal Counsel, Whelan for Governor

QUESTION: Must an incumbent, eligible for reelection, form a candidate committee and file a Statement of Organization upon raising, receiving or spending more than $400 prior to his filing for nomination and election to a different office when the funds raised and received were specifically for his campaign for nomination and election to the different office?

CONCLUSION

Advisory Opinion 020

REQUESTED BY: The Honorable Larry D. Stoney, Senator, 4th District

QUESTION:

1. May funds received in a current campaign be used to make payments on a loan, the proceeds of which were for a campaign prior to July 1, 1977?

2. May unexpended funds, if any, after a current campaign be used to reimburse the candidate for prior payments made on that loan or to make payments on that loan?

CONCLUSION

1. See Analysis.

2. See Analysis.

FACTS

Advisory Opinion 019

REQUESTED BY: The Honorable Loran Schmit, State Senator, 23rd District

QUESTION: May a senator receive expenses for room and board paid for by his host while attending a Conference on Alcohol and Sugar in Campos, Brazil, without the same constituting a conflict of interest?

CONCLUSION

Yes, but see analysis.

FACTS