HAS RICKETTS OVERSTEPPED HIS AUTHORITY IN ALLOCATING $1 BILLION OF CORONAVIRUS RELIEF

LINCOLN - Gov. Pete Ricketts has already outlined his plan for distributing $1 billion in emergency aid provided by the federal Coronavirus Aid, Relief and Economic Security (CARES) Act to help struggling Nebraskans. However, did he have the authority to do that?

That’s a question being raised around the State Capitol and it has prompted a request for a legal opinion from the Nebraska Attorney General’s Office about whether the governor’s decisions should be subject to approval by the Nebraska Legislature.

State Sen. Steve Lathrop of Omaha cited several conflicting clauses in state law and in the Nebraska Constitution in his request for the legal opinion. Others raising questions include James Goddard, a lawyer with the Lincoln-based Nebraska Appleseed, and University of Nebraska-Lincoln law professor Anthony Schutz.

Among the conflicting legal guidance being cited: The Nebraska Constitution requires that the Legislature approve any specific appropriations, but a budget bill passed last year gives the governor the authority to direct the spending of any federal dollars not specifically sent to a state agency.

Gering Sen. John Stinner, who heads the legislative committee that draws up the state budget, said he believes that the governor has the power to spend the CARES Act money but that it’s not a bad idea to get an attorney general’s opinion based on the questions being raised.

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