§ 72-201 — Board of Educational Lands and Funds; members; appointment; terms; compensation; expenses; duties; qualifications; organization; chairperson; meetings; secretary

Nebraska § 72-201

• Jurisdiction: Nebraska
• Ch. 72: Public Lands, Buildings, and Funds

Text

(1) The Board of Educational Lands and Funds shall consist of five members to be appointed by the Governor with the consent of a majority of the members elected to the Legislature. One member shall be appointed from each of the congressional districts as the districts were constituted on January 1, 1961, and a fifth member shall be appointed from the state at large. One member of the board shall be competent in the field of investments. The initial members shall be appointed to take office on October 1, 1955, and shall hold office for the following periods of time: The member from the first congressional district for one year; the member from the second congressional district for two years; the member from the third congressional district for three years; the member from the fourth congressional district for four years; and the member from the state at large for five years. As the terms of the members expire, the Governor shall appoint or reappoint a member of the board for a term of five years, except members appointed to fill vacancies whose tenures shall be the unexpired terms for which they are appointed. If the Legislature is not in session when such members, or some of them, are appointed by the Governor, such members shall take office and act as recess appointees until the Legislature next thereafter convenes. The compensation of the members shall be fifty dollars per day for each day's time actually engaged in the performance of the duties of their office. Each member shall be reimbursed for expenses incurred while upon business of the board as provided in sections 81-1174 to 81-1177 . The board shall cause all school, university, agricultural college, and state college lands, owned by or the title to which may hereafter vest in the state, to be registered, leased, and sold as provided in sections 72-201 to 72-251 and shall have the general management and control of such lands and make necessary rules not provided by law. The funds arising from these lands shall be disposed of in the manner provided by the Constitution of Nebraska, sections 72-201 to 72-251 , and other laws of Nebraska not inconsistent herewith.
(2) No person shall be eligible to membership on the board who is actively engaged in the teaching profession, who holds or has any financial interest in a school land lease, who is a holder of or a candidate for any state office or a member of any state board or commission, or who has not resided in this state for at least three years.
(3) The board shall elect one of its members as chairperson of the Board of Educational Lands and Funds. In the absence of the chairperson, any member of the board may, upon motion duly carried, act in his or her behalf as such chairperson. It shall keep a record of all proceedings and orders made by it. No order shall be made except upon the concurrence of at least three members of the board. It shall make all orders pertaining to the handling of all lands and funds set apart for educational purposes.
(4) The board shall maintain an office in Lincoln and shall meet in its office not less than once each month.
(5) The board may appoint a secretary for the board. The compensation of the secretary shall be payable monthly, as fixed by the board.

Legislative History

Source: Laws 1899, c. 69, § 1, p. 300; R.S.1913, § 5845; C.S.1922, § 5181; C.S.1929, § 72-201; Laws 1935, c. 163, § 1, p. 594; Laws 1937, c. 162, § 1, p. 628; C.S.Supp.,1941, § 72-201; R.S.1943, § 72-201; Laws 1945, c. 175, § 1, p. 559; Laws 1951, c. 338, § 3, p. 117; Laws 1953, c. 252, § 1, p. 857; Laws 1955, c. 276, § 1, p. 874; Laws 1955, c. 277, § 1, p. 877; Laws 1961, c. 282, § 5, p. 822; Laws 1965, c. 434, § 1, p. 1383; Laws 1969, c. 589, § 1, p. 2438; Laws 1981, LB 204, § 141; Laws 1999, LB 779, § 12; Laws 2011, LB332, § 1; Laws 2014, LB967, § 3; Laws 2020, LB381, § 77. Cross References: Constitutional provisions: Board of Educational Lands and Funds, duties, membership, see Article VII, section 6, Constitution of Nebraska. Fees, see sections 25-1280 and 33-104. Other provisions relating to the board, see Chapter 84, article 4. State-owned geothermal resources, authority to lease, see section 66-1104. Annotations: Amendments of section 1, Article IV of the Constitution did not expressly or by implication repeal existing statutes imposing duties and obligations on the Commissioner of Public Lands and Buildings. Swanson v. State, 132 Neb. 82, 271 N.W. 264 (1937). Statute fixes the times at which board should meet and transact their business. State v. Bass, 131 Neb. 592, 269 N.W. 68 (1936). The provision of this section as to rule making refers only to regulation of the management and control of school lands, and does not confer power upon the Board of Commissioners to convey such lands or any rights therein in excess of that provided by statute. Fawn Lake Ranch Co. v. Cumbow, 102 Neb. 288, 167 N.W. 75 (1918). The Board of Educational Lands and Funds acts by a majority of its members who have equal authority, and, hence, employment of an attorney to represent the board must be by the board itself and not by one of its members. Follmer v. State, 94 Neb. 217, 142 N.W. 908 (1913), Am. Ann. Cas. 1914D 151 (1913).