81-101. Executive department; civil administration vested in Governor; departments created.

393 words·~2 min read·/ne/chapter-81/81-101

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The civil administration of the laws of the state is vested in the Governor. For the purpose of aiding the Governor in the execution and administration of the laws, the executive and administrative work shall be divided into the following agencies:

(1)Department of Agriculture;

(2)Department of Labor;

(3)Department of Transportation;

(4)Department of Water, Energy, and Environment;

(5)Department of Banking and Finance;

(6)Department of Insurance;

(7)Department of Motor Vehicles;

(8)Department of Administrative Services;

(9)Department of Economic Development;

(10)Department of Correctional Services;

(11)Nebraska State Patrol; and

(12)Department of Health and Human Services.

The statutes which give the Court of Industrial Relations jurisdiction over public employees are not unconstitutional. American Fed. of S., C. & M. Emp. v. Department of Public Institutions, 195 Neb. 253, 237 N.W.2d 841 (1976).

Matters of fair employment practices and civil rights are matters of statewide and not local concern. Midwest Employers Council, Inc. v. City of Omaha, 177 Neb. 877, 131 N.W.2d 609 (1964).

The terms of this section limit its application to the departments named therein. State ex rel. Beck v. Obbink, 172 Neb. 242, 109 N.W.2d 288 (1961).

Department of Water Resources was created by this section. Ainsworth Irr. Dist. v. Harms, 170 Neb. 228, 102 N.W.2d 429 (1960).

Reclamation Act was not unconstitutional as conferring judicial powers on an executive or administrative body. Nebraska Mid-State Reclamation District v. Hall County, 152 Neb. 410, 41 N.W.2d 397 (1950).

Language used in the civil administrative code refers to executive departments. State ex rel. Johnson v. Chase, 147 Neb. 758, 25 N.W.2d 1 (1946).

Executive department was reorganized in 1933, and, by the terms of the reorganization, heads were established for various departments. State ex rel. Howard v. Marsh, 146 Neb. 750, 21 N.W.2d 503 (1946).

Department of Banking is an executive and administrative branch of state government with general supervision of banks and banking laws. State v. Kastle, 120 Neb. 758, 235 N.W. 458 (1931).

Civil administration of laws is vested in Governor, and to aid Governor, departments of state government were created. Eidenmiller v. State, 120 Neb. 430, 233 N.W. 447 (1930).

Department secretary was not authorized to lease building for use of his department, and state was not bound thereby. State ex rel. Brownell Bldg. Co. v. Cochran, 113 Neb. 846, 205 N.W. 568 (1925).