Section Explanation
SOURCE
1990
LB 1059:
The original TEEOSA
1991
LB 511: NDE Technical cleanup bill
LB 829: Personal property taxes
1992
LB 719: Technical and substantive changes to TEEOSA
LB 719A: Personal property taxes
LB 1001: Retirement legislation; technical/substantive changes to TEEOSA
LB 1063: Personal property taxes
1993
LB 310: Public power districts; personal property taxes
LB 348: NDE Technical cleanup bill
1994
LB 76: Recodification of election law, Chapter 32
LB 1066: Investment practices in South Africa
LB 1290: Use of adjusted valuation in TEEOSA
LB 1310: NDE Technical cleanup bill
1995
LB 490: Create the Tax Equalization and Review Commission
LB 542: Federal impact aid funds
LB 613: Spending/resource lids for political subdivisions
LB 840: Financial incentives for school reorganization
1996
LB 299: Spending/resource lids for political subdivisions
LB 700: Retirement legislation; eliminate HELP Fund
LB 900: Recodification of education law, Chapter 79
LB 934: Eliminate the Agricultural Land Valuation Advisory Board
LB 1050: Comprehensive modifications to TEEOSA
1997
LB 269: Modifications to property tax relief package of 1996
LB 270: Changes to administration of property tax and equalization
LB 271: Replaced motor vehicle property tax system with fee based system
LB 342: Process for correcting clerical errors in adjusted valuation
LB 345: Trailer bill to the recodification of Chapter 79
LB 347: Trailer bill to the recodification of Chapter 79
LB 397: Technical and substantive changes to LB 490 (1995) - TERC
LB 401: Lowered the individual income tax rates for a two-year period
LB 595: Provides changes related to greenbelt land
LB 710: Technical and substantive changes to LB 806 (1997)
LB 713: Changed state aid certification date to December 1
LB 806: Second comprehensive modification to TEEOSA
LB 865: Extended the existence of the special education cost reimbursement system |
|
1998
LB 306:
Changed provisions relating to the levy limitations
LB 989: Spending/resource lids for political subdivisions
LB 1134: Modified reorganization incentive program created under LB 1050 (1996)
LB 1219: Permit formation of unified systems
LB 1229: Provisions related to gifted education programs
LB 1 (Special): Enacted certain provisions of vetoed LB 1175 (1998)
1999
LB 87: Authorized the creation of joint public agencies
LB 149: Changed provisions relating to funding under the state aid formula
LB 194: Technical and substantive changes to laws related to property tax assessment
LB 272: Eliminated the office of county superintendent
LB 813: NDE technical cleanup bill
2000
LB 968: Changed provisions of the Nebraska Budget Act
LB 1213: Change election procedures to exceed budget and levy limitations
2001
LB 170: Property tax and assessment
LB 313: Extended the termination date for incentive aid for districts that consolidate or unify
LB 797: NDE technical cleanup bill
LB 833: Changed the allocation of the Education Innovation Fund
2002
LB 460: Growth limitation on reserve funds
LB 898: Imposed temporary aid adjustment factor
LB 994: Omnibus revenue-related technical cleanup bill
2003
LB 67: NDE technical cleanup bill
LB 540: Modified state aid formula; increased maximum levy to $1.05
2004
LB 973: Change provisions related to adjusted valuation
LB 1091: Transfer funds from the Education Innovation Fund to the General Fund; provide for reorganization incentive payments
LB 1093: Extended the duration of the increase in the maximum $1.05 school levy
2005
LB 126: Assimiliated Class I districts into K-12 systems
LB 198: Payments to schools to reflect transfers of property due to annexation and reorganizations
LB 263: Property tax provisions concerning levy, administration, and appeal
LB 503: Retirement legislation
LB 577: Early childhood education programs
|
LB 1059 (1990)
Bill
Sec. |
Citation |
Description |
| 1 |
79-3801 |
Sections 79-3801 to 79-3824 cited
as the Tax Equity and Educational Opportunities Support Act. |
| 2 |
79-3802 |
Legislature finds that:
- State under-supports education compared to other states;
- State support has not kept pace with increased costs of operating
schools;
- Nebraska has higher per capita property tax burden than most
other states;
- Over-reliance on property tax has resulted in disparities
in property tax rates and created inequitable educational fiscal
resources for students.
Legislative intent to create a finance system that:
- Provides state support for 45% of aggregate general fund
operating expenditures of districts;
- Reduces reliance on property tax for support of schools;
- Broadens support for schools by dedicating a portion of income
tax for schools;
- Keeps pace with increasing costs of operating schools;
- Assures each district a foundation support for operation
of schools with consideration of taxable wealth and other accessible
resources;
- Assures greater equity of educational opportunities for students
and also property tax rates for support of schools;
- Assures a shift to sustainable revenue sources, other than
property tax, for support of schools through spending lids;
- Insures state funds are used for the purpose of reducing
property taxes in the district to which they are distributed.
|
| 3 |
79-3803 |
Provides definitions for such terms
as adjusted valuation, average daily membership, average daily
membership tiers, categorical federal funds, formula students,
general fund budget of expenditures, etc. |
| 4 |
79-3804 |
Dedicates 20% of all income tax
receipts collected by the state net of credits and refunds. Provides
for direct return of 20% of identifiable individual income tax
receipts to the school district where such originated. Class
I school districts, Class VI school districts and county nonresident
tuition funds would receive a pro rata share of such income tax
receipts. That part of individual income taxes not identifiable
to any school district plus 20% of corporate, nonresident, trust
and other non-individual income tax receipts would be distributed
through the equalization formula. |
| 5 |
79-3805 |
Provides that the State Department
of Education will place all school districts in average daily
membership tiers of comparable size in order to calculate each
school district's tiered per student costs for use in the equalization
formula. |
| 6 |
79-3806 |
Provides that each school district will receive state aid
to the extent that its "formula need" exceeds "formula
resources."
Provides a hold harmless provision such that a district would
not receive state aid for school years 1990-91, 1991-92, and
1992-93 which is less than 100% of aid received in 1989-90.
Creates a minimum levy provision. No district receives state
aid in an amount that would result in the district having a general
fund tax levy of less than 60% of the local effort rate.
|
| 7 |
79-3807 |
Total "formula need" of
each district is computed by multiplying the number of students
it educates in kinder-garten, grades 1-6, grades 7 and 8, and
grades 9-12 times the tiered per student costs for each such
grade grouping. |
| 8 |
79-3808 |
Each district subtracts from its
"formula need" the local effort rate yield, which is
the statewide local effort rate multiplied by each district's
"adjusted" valuation. The local effort rate is calculated
annually by the State Department of Education based on available
appropriations, school district needs and school district resources. |
| 9 |
79-3809 |
The Revenue Department will use
adjustment factors to adjust taxable valuation to reflect as
nearly as possible actual value. Adjustment factors will be
established based on best available assessment practices (sales
assessment ratios, targeted appraisals etc.) Adjusted taxable
values will be used in the formula for purposes of computing
school district eligibility for state aid. |
| 10 |
79-3810 |
Provides that districts will subtract
from their total "formula need" the amount of individual
income tax revenues returned by the state to the district. |
| 11 |
79-3811 |
Districts will subtract from their total "formula need"
all other actual, accessible resources. The list includes all
forms of local, state and federal receipts of school districts
except federal categorical receipts. Other actual receipts include:
- Public power district sales tax revenue;
- Fines and license fees;
- Nonresident high school tuition receipts;
- Tuition receipts from individuals, other districts, or any
other source except those derived from adult education;
- Transportation receipts;
- Interest on investments;
- Other miscellaneous local receipts, not including receipts
from private foundations, individuals, associations, or charitable
organizations;
- Special education receipts;
- Receipts from the state for wards of the court and wards
of the state;
- All receipts from the temporary school fund;
- Receipts from the Insurance Tax Fund;
- Pro rata motor vehicle license fee receipts;
- Help Education Lead to Prosperity Act funds;
- Other miscellaneous state receipts;
- Impact aid receipts to the extent allowed by federal law;
- Johnson O'Malley receipts;
- All other noncategorical federal receipts; and
- All receipts under Chapter 79, article 34 (option students)
|
| 12 |
79-3812 |
Creates the School District Income
Tax Fund and the Tax Equity and Educational Opportunities Fund
for receipts and distribution of income tax funds and state aid
funds. |
| 13 |
79-3813 |
Provides for distribution of income
tax and state aid payments to school districts. |
| 14 |
79-3814 |
Limits growth in school district
budgets based on allowable growth rates to be set annually by
the Legislature. The basic allowable growth rate will be based
on projections of available state revenues and school district
costs. |
| 15 |
79-3815 |
Provides that each school district
must submit a copy of its budget statement to the State Department
of Education. The State Auditor will make necessary changes
in budget documents to facilitate implementation of the budget
limitation provisions. |
| 16 |
79-3816 |
The basic allowable growth rate
is set at 4%. The allowable growth range will be 4% to 6.5%. |
| 17 |
79-3817 |
Provides for the State Department
of Education to compute each district's "applicable allowable
growth rate". Each district's growth rate will depend on
whether it has budgeted expenditures of more or less than the
average of comparable size school districts. Those districts
spending below average will be able to spend above 4%, up to
6.5%. |
| 18 |
79-3818 |
Limits school districts in budgeting
of cash reserves, depreciation funds and contingency funds to
a range of percentage levels based on school district size. |
| 19 |
79-3819 |
Provides for exceptions to the growth limitations in the following
cases:
- New or expanded programs or services mandated by changes
in state or federal law;
- Districts' project enrollment increases for the ensuing school
year, in which case the Department will compute additional allowable
growth capacity;
- Construction, expansion, or alterations of school district
buildings will cause an increase in building operation and maintenance
costs;
- Additional special education students enroll in the district
for the ensuing school year and will result in an increase in
expenditures for special education;
- The extent to which the terms of a long-term collective bargaining
contract exceeds the district's applicable allowable growth rate.
|
| 20 |
79-3820 |
Provides that school districts may
exceed allowable growth rates by an additional 1% upon a 75%
majority vote of the school board or by any amount upon the approval
of voters at a special election. |
| 21 |
79-3821 |
Provides that school districts may
carry-over to future years unused budget authority if a school
board does not choose to budget the maximum allowed by law. |
| 22 |
79-3822 |
Provides that the Department of
Education will provide data to enable the Governor to introduce
legislation to appropriate funds to reach the goal of 45% state
support for schools to appropriate 20% of income tax receipts
and to set allowable budget growth rates for the upcoming year. |
| 23 |
79-3823 |
Creates a school finance review
committee to monitor implementation of the new finance plan and
suggest needed revisions. In particular, the committee would
review the implementation and operation of the average daily
membership tiers, budget growth limitations, the need for a continuing
hold-harmless provision for state aid, and expenditures of districts. |
| 24 |
79-3824 |
Provides for reporting of data by
school districts on which state aid payments will be computed. |
LB 511 (1991)
Bill
Sec. |
Citation |
Description |
| 71 |
79-3803 |
Changes definition of "average daily membership"
to include the proportionate share of students enrolled in a
public school instructional program on less than a full-time
basis.
Adds definitions for "allocated income tax funds"
and "equalization aid."
|
| 72 |
79-3804 |
Change the date by which the Tax Commissioner will certify
to NDE the income tax liability of resident individuals for each
district from January 1st to November 15th of each year.
Eliminate the requirement for NDE to notify each district
of the amount of individual income tax funds it will receive
within 15 working days following the adjournment sine die of
each regular session of the Legislature.
|
| 73 |
79-3806 |
Eliminate the requirement for NDE to annually compute state
aid entitlements and notify districts of entitlements within
15 days following the adjournment of each regular legislative
session.
Changes the minimum levy provision to also take into consideration
the amounts of nonresident high school tuition certified by NDE
for the current school year and for the school year in which
state aid was to be paid.
Creates a process to calculate equalization aid for affiliated
school systems (between the Class I district(s) and the high
school district) beginning in school year 1992-93.
Changes the method of financing for the enrollment option
program. Beginning in the 1992-93 school year, the program would
be funded through the state aid formula, as opposed to a separate
fund and distribution system. The payment amounts to districts
would be phased in during the 1992-93 and 1993-94 school years.
In the 1994-95 school year, districts would receive tiered cost
per student for option students served in the 1992-93 school
year since state aid was calculated based on data two years in
arrears.
|
| 74 |
79-3807 |
Beginning in school year 1993-94,
total formula need for each county's nonresident high school
tuition fund would equal the total nonresident high school tuition
charge for the count for each school year as certified by NDE. |
| 75 |
79-3808 |
Establishes process to determine
the local effort rate yield for school districts and the nonresident
high school tuition fund of each county. |
| 76 |
79-3809 |
Clarifies that the Department of
Revenue must compute and certify to NDE the adjusted valuation,
by county, of each district for the second preceding tax year
by March 1st of each year. |
| 77 |
79-3810 |
Editorial modification no
substantive change. |
| 78 |
79-3811 |
Amends the "other receipts" section related to nonresident
high school tuition receipts. The change states that other receipts
will include the district's total nonresident high school tuition
charge for each school year as certified by NDE, except for school
years 1991-92 through 1994-95.
Adds a new accountable receipt subdivision for amounts provided
by the state on behalf of the district as reimbursement for repayment
of personal property taxes by centrally assessed pipeline companies.
Clarifies that impact aid entitlements would be counted for
the school fiscal year in which it was actually received by the
district.
Eliminates Johnson O'Malley receipts from the list of accountable
receipts.
|
| 79 |
79-3813 |
Requires NDE to certify income tax
receipt amounts not only to the Director of Administrative Services,
but also to the Auditor of Public Accounts, and each district. |
| 80 |
79-3815 |
States that the Commissioner of Education may require each
district to submit to it a duplicate copy of each district's
budget statement as the directs.
Provides a penalty to any district that fails to submit to
NDE or the auditor the required budget documents by the date
established in §13-508 or fails to make any corrections
of errors in the documents. Failure to comply may result in
the withholding of state aid.
|
| 81 |
79-3816 |
Changes the growth rate for special
education costs to specify that such rate may not be computed
as being less than the district's allowable growth rate for general
fund expenditures nor more than two times the statewide average
growth in actual expenditures for special education for the same
two-year period. |
| 82 |
79-3817 |
Requires NDE to determine and certify
to each district an applicable allowable growth percentage
on or before July 1st of each year rather than requiring NDE
to do so within 15 days of adjournment of each regular legislative
session. |
| 83 |
79-3818 |
Requires NDE to determine and certify
to each district an applicable allowable reserve percentage
on or before July 1st of each year rather than requiring NDE
to do so within 15 days of adjournment of each regular legislative
session. |
| 84 |
79-3819 |
Provides clarification and harmonization
consistent with other changes made by LB 511. |
| 85 |
79-3820 |
Provides clarification and harmonization
consistent with other changes made by LB 511. |
| 86 |
79-3822 |
Specifies that NDE must, by December
1st of each year, provide data to the Governor to enable him
or her to prepare the necessary legislation to appropriate an
amount for state aid and establish a basic allowable growth rate
and an allowable growth range for the ensuing school year. |
| 87 |
79-3823 |
Requires the committee to make its
annual report to the Governor, Legislature, and State Board of
Education by March 1st each year. |
| 88 |
79-3824 |
Requires districts to submit to
NDE the required annual financial reports by November 1st of
each year. Failure to do so may result in the withholding of
state aid to the district. |
LB 829 (1991)
Bill
Sec. |
Citation |
Description |
| 32 |
79-3809 |
Delays statewide equalization of
valuation for purposes of determining state aid to schools until
1994. |
| 33 |
79-3814 |
Requires initial 3/4s vote by school
board to exceed the zero percent temporary lid in order to access
normal spending limitations and procedures to exceed. |
LB 719 (1992)
Bill
Sec. |
Citation |
Description |
| 2 |
79-3806 |
Extends the hold harmless provision
for state aid for an additional two years through 1994-95. |
| 3 |
79-3807 |
Provides that schools which have
a growth in enrollment of more than 25 student, and of more than
1% of the district's average daily membership may have their
state aid computed on the basis of students from the current
year rather than the most recently available complete data year. |
| 4 |
79-3819 |
Provides an exemption to the spending
lid for school districts that can demonstrate an order by the
Commission of Industrial Relations on a settled contract dispute
will cause the district to exceed its allowable growth rate. |
LB 719A (1992)
Bill
Sec. |
Citation |
Description |
| 198 |
79-3809 |
x |
LB 1001 (1992)
Bill
Sec. |
Citation |
Description |
| 41 |
79-3805 |
Harmonize state law with federal
regulations concerning the Indian Land factor. Requires the
tiered cost per student, for each grade level would be increased
by a factor equal to the result of multiplying the ratio of average
daily attendance of students who reside on Indian land to the
total average daily attendance of the district multiplied by
25%. |
| 42 |
79-3811 |
Changed "miscellaneous receipts" subsection to exclude
revenues from the textbook loan program.
Added a new accountable receipt for pre-school "Part
H" special education funds from the Medicare Catastrophic
Coverage Act of 1988 only to the extent of the amount the district
would have otherwise received under the Nebraska Special Education
Act.
|
| 43 |
79-3815 |
Provides a technical revision to
require the county treasurer to withhold funds from a school
district as directed by the county superintendent if the commissioner
finds a district in default of submitted or correcting required
budget documents. |
| 44 |
79-3824 |
Harmonize technical change concerning
the dates by which Class I districts and all other classes of
districts must submit annual financial reports to the respective
county superintendent and the Commissioner of Education. Class
I districts were to submit such reports by October 15th of each
year (changed from previous October 1st date) and all other districts
were to submit reports by November 1st of each year. |
LB 1063 (1992)
Bill
Sec. |
Citation |
Description |
| 202 |
79-3814 |
Extended the zero percent growth
in spending without a three-fourths vote of the local school
board in order to access the normal spending limitations. |
| 203 |
79-3816 |
Eliminated the separate spending
limitation for special education costs to school districts.
Established that the budget authority for special education would
be "the actual anticipated expenditures for special education
subject to the approval of the state board." |
| 204 |
79-3818 |
Produced a 5% across-the-board reduction
in the schedule for allowable reserves of general fund budget
of expenditures. |
| 205 |
79-3819 |
Eliminated both the lid exception
relating to special education enrollment growth and the lid exception
relating to collective bargaining agreements. The legislation
also changed the lid exception relating to student growth by
imposing a threshold of student growth before the lid exception
would be applicable. |
LB 310 (1993)
Bill
Sec. |
Citation |
Description |
| 14 |
79-3819 |
Provided a procedure for school
districts and other political subdivisions to levy a (real) property
tax for purposes of reimbursing personal property taxes to taxpayers
as required by a final order of a court or the State Board of
Equalization from which no appeal was taken. |
LB 348 (1993)
Bill
Sec. |
Citation |
Description |
| 71 |
79-3806 |
Provided a separate minimum effort
formula for the calculation of state aid in Class I districts
that had multiple general fund levies. In such cases, the minimum
effort calculation would be based on a derived general fund levy. |
| 72 |
79-3822 |
Required Governor to annually submit
legislation that includes appropriations for the amount equal
to any state aid funds returned to the General Fund from an earlier
appropriation due to clerical errors in state aid payments. |
| 73 |
79-3824 |
Eliminated hearing requirement for
requests to grant a district up to 50% of entitled state aid
if the district received federal funds in excess of its general
fund budget of expenditures, and those federal funds were not
received in a timely manner. |
LB 76 (1994)
Bill
Sec. |
Citation |
Description |
| 608 |
79-3820 |
Harmonize provisions by changing
reference from "provisions of Chapter 32 special elections"
to "Election Act." |
LB 1066 (1994)
Bill
Sec. |
Citation |
Description |
| 94 |
79-3812 |
Made technical change to eliminate
statutory citations to the laws relevant to investment practices
of state funds. |
LB 1290 (1994)
Bill
Sec. |
Citation |
Description |
| 3 |
79-3803 |
For the calculation of state aid in school year 1994-95 and
thereafter, "adjusted valuation" would mean the adjusted
valuation for the property tax year ending during the school
year in which the aid based upon that value is to be paid.
Added was a definition for "fall membership," which
means the total membership in grades K-12 as reported on the
fall school district membership report.
"Formula students" would mean the sum of fall membership
and tuitioned resident students from the school year immediately
preceding the school year in which the aid is to paid.
|
| 4 |
79-3806 |
Harmonize use of current data for
number of option students enrolled at each district for purposes
of calculating state aid. |
| 5 |
79-3807 |
Effectively phases-out the rapid
student growth provision in the formula since one of the objectives
of the bill was to use current data in calculating state aid. |
| 6 |
79-3808 |
Harmonize use of current data in
affiliated school districts for purposes of calculating district
formula resources. |
| 7 |
79-3809 |
Provides that by July 1st for 1994 and by June 1st for each
year thereafter, the Department of Revenue must compute and certify
to the State Department of Education the adjusted valuation of
each district using assessment practices established by the Department
of Revenue. The term "state aid value" was defined
to mean 100% for real property other than agricultural land,
and 80% for agricultural land.
New language provided for school districts to file written
objections with the Department of Revenue concerning the adjusted
valuations prepared by the department. Hearing and appeal procedures
were also established.
|
| 8 |
79-3813 |
Provides for a July 15th deadline
for the Department of Education to certify state aid amounts
for 1994 only. The certification date would return to July 1st
for each year thereafter. |
| 9 |
79-3824 |
Editorial, technical changes to
existing language. No substantive impact. |
LB 1310 (1994)
Bill
Sec. |
Citation |
Description |
| 16 |
79-3813 |
Eliminate requirement for school
districts to file duplicate copy of budget with the Department
of Education. |
LB 490 (1995)
Bill
Sec. |
Citation |
Description |
| 185 |
79-3809 |
Replace the office of the Tax Commissioner
with the Property Tax Administrator as the entity to receive
objections from schools concerning adjusted valuations. Change
the deadline from September 1st to December 1st for disposition
of such objections. Change the appeal agent from the Tax Commissioner
to the TERC. |
| 186 |
79-3819 |
Modifies existing spending lid exclusions
to include final actions of the TERC and the Property Tax Administrator. |
| 187 |
79-3823 |
Adds the Property Tax Administrator
as a member of the School Finance Review Committee. |
LB 542 (1995)
Bill
Sec. |
Citation |
Description |
| 1 |
79-3801 |
Added two new sections to the act
(79-3811.01 and 79-3811.02). |
| 2 |
79-3811.01 |
Required back payment of state aid
to a select few school districts that were denied certain amounts
of state aid for the 1990-91 school year. The back payments
were contingent upon the passage of corresponding federal legislation
by October 1, 1995. |
| 3 |
79-3811.02 |
A provision was added under LB 542
to ensure that the Department of Education would actually make
the back payments to applicable districts once the legislative
and legal entanglements surround the impact aid issue were resolved. |
LB 613 (1995)
Bill
Sec. |
Citation |
Description |
| 3 |
79-3814 |
Eliminates the sunset clause on
the zero percent lid provision, which requires an initial 75%
affirmative vote in order to access the normal spending lid provisions. |
| 4 |
79-3816 |
Changes the base spending lid from
4% to 3% and lowers the growth range from 4-6.5% to 3-5.5%. |
LB 840 (1995)
Bill
Sec. |
Citation |
Description |
| 3 |
79-3801 |
Expanded the Act from 24 sections
to 26 sections with the inclusion of two new sections related
to reorganization incentives (79-3806.01 and 79-3806.02). |
| 4 |
79-3803 |
Added three new definitions:
Defined "consolidate" as the voluntarily reduction
in the number of school districts providing education to a grade
group.
Defined "reorganized district" as any district involved
in a consolidation and currently educating students following
a consolidation.
Defined "base fiscal year" for purposes of reorganization
incentives as the first fiscal year in which all data sources
reflect the reorganized district as a single district for the
calculation of state aid.
|
| 5 |
79-3804 |
Extends the income tax rebate provision
to newly reorganized school districts. |
| 6 |
79-3806 |
Provides an exception for normal
distribution of state aid for newly reorganized school districts. |
| 7 |
79-3806.01 |
Provides a phased-in formula to distribute state aid to reorganized
school districts. Provides that in the base year of reorganization,
state aid would be calculated so the reorganized district receives
the greater of 100% of the state aid the districts involved in
the reorganization would have received in the prior year or the
amount the reorganized district would be entitled to receive.
The guaranteed percentage decreases to 66% in the second year
and 33% in the third year.
The total amount of aid distributed to reorganized districts
under this incentive program is limited to the amount of hold-harmless
aid distributed in 1994-95. This limited the additional aid
to reorganized districts under the bill to $2.9 million. Payments
are to be prorated if total payments would be greater than $2.9
million.
|
| 8 |
79-3812 |
Ensures funding for the reorganization
incentive program to the extent the Tax Equity and Educational
Opportunities Fund receives General Fund appropriations and dedicated
income tax funds. |
| 9 |
79-3813 |
Ensures the certification and distribution
of incentive payments to qualified districts in the same manner
as other state aid payments are made. |
| 10 |
79-3806.02 |
The reorganization incentive program
would only apply to districts that reorganize on or before June
30, 2005. |
LB 299 (1996)
|
Bill
Sec.
|
Citation
|
Description
|
|
27
|
79-3814
|
Essentially suspends the original spending lid contained in LB 1059 (1990) and modified by LB 613 (1995) for 1996-97 and 1997-98. |
|
28
|
79-3816
|
Establishes a 2% lid plus the growth in students (ADM) for 1996-97 and a 0% lid plus the growth in students (ADM) for 1997-98. |
|
29
|
79-3817
|
For 1996-97 and 1997-98, the allowable growth percentage would be equal to the allowable growth rate set forth in section 79-3816. |
|
30
|
79-3819
|
Suspends the existing lid exclusions for 1996-97 and 1997-98. For 1996-97 and 1997-98, a district may exceed its allowable growth rate for budgeted expenditures for:
- capital improvements financed by the proceeds from a bond issue, appropriations from a sinking fund, or any other means;
- retire bonded indebtedness;
- in support of a service that becomes the subject of an interlocal cooperation agreement or a modification of an existing agreement whether operated by one of the parties to the agreement or an independent joint entity for two fiscal years beginning with the first budget adopted after the agreement or modification is signed;
- to pay for repairs to infrastructure damaged by a natural disaster that is declared a disaster emergency under the Emergency Management Act;
- to pay for judgments, except judgments or orders from the CIR, obtained against a school district that require or obligate a district to pay such judgment, to the extent not paid by liability insurance; or
- to pay for sums agreed to be paid by a school district to certificated employees in exchange for a voluntary termination of employment.
|
|
31
|
79-3820
|
For 1996-97 and 1997-98 only, prohibits a district from exceeding the applicable allowable growth percentage by an amount approved by a majority of registered voters voting on the issue at a special election. |
LB 700 (1996)
Bill
Sec. |
Citation |
Description |
| 12 |
79-3811 |
With the repeal of the HELP Act,
LB 700 removed HELP fund receipts from the state aid formula
under formula resources. |
LB 900 (1996)
| Bill |
Sec. |
Old Statute
Citation |
New Statute
Citation |
Statute Catchline |
| 900 |
652 |
79-3801 |
79-1001 |
Act, how cited |
| 900 |
653 |
79-3802 |
79-1002 |
Legislative findings and intent |
| 900 |
654 |
79-3803 |
79-1003 |
Terms, defined |
| 900 |
655 |
79-3804 |
79-1004 |
Income tax receipts; use and allocation for public
school system |
| 1050 |
14 |
|
79-1005 |
Income tax receipts; disbursement; calculation |
| 900 |
656 |
79-3805 |
79-1006 |
Tiered cost per student; general fund operating
expenditures; calculations |
| 1050 |
16 |
|
79-1007 |
Adjusted tiered cost per student; adjusted general
fund operating expenditures; calculations |
| 900 |
657 |
79-3806 |
79-1008 |
Equalization aid; amount |
| 1050 |
18 |
|
79-1009 |
Option school districts; additional state aid;
net option funding; calculation |
| 1050 |
19 |
|
79-1010 |
Incentives to reorganized districts; qualifications;
requirements; calculation; payment |
| 900 |
658 |
79-3806.01 |
79-1011 |
Reorganized districts; state aid; amount |
| 900 |
659 |
79-3806.02 |
79-1012 |
Reorganized districts; applicability of section |
| 900 |
660 |
79-3807 |
79-1013 |
Unadjusted need; computation |
| 1050 |
22 |
|
79-1014 |
Adjusted need; calculation |
| 900 |
661 |
79-3808 |
79-1015 |
District formula resources; local effort rate;
determination |
| 900 |
662 |
79-3809 |
79-1016 |
Adjusted valuation; how established; objections;
filing; appeal; notice; injunction prohibited |
| 900 |
663 |
79-3810 |
79-1017 |
District formula resources; income tax funds
allocation |
| 900 |
664 |
79-3811 |
79-1018 |
District formula resources; other receipts included |
| 900 |
665 |
79-3811.01 |
79-1019 |
Federal impact aid entitlements; how treated |
| 900 |
666 |
79-3811.02 |
79-1020 |
Aid allocation adjustments; department; duties |
| 900 |
667 |
79-3812 |
79-1021 |
School District Income Tax Fund; Tax Equity and
Educational Opportunities Fund; created; investment |
| 900 |
668 |
79-3813 |
79-1022 |
Distribution of income tax receipts and state
aid; effect on budget |
| 900 |
669 |
79-3814 |
79-1023 |
General fund budget of expenditures; limitations;
Legislature; duties |
| 900 |
670 |
79-3815 |
79-1024 |
Budget statement; submitted to department; Auditor
of Public Accounts; duties; failure to submit; effect |
| 900 |
671 |
79-3816 |
79-1025 |
Basic allowable growth rates; allowable growth
range |
| 900 |
672 |
79-3817 |
79-1026 |
Applicable allowable growth percentages; determination |
| 900 |
673 |
79-3818 |
79-1027 |
Budget; restrictions |
| 900 |
674 |
79-3819 |
79-1028 |
Applicable allowable growth rates; district may
exceed; situations enumerated |
| 900 |
675 |
79-3820 |
79-1029 |
Applicable allowable growth percentage; district
may exceed; vote required |
| 900 |
676 |
79-3821 |
79-1030 |
Unused budget authority; carried forward |
| 900 |
677 |
79-3822 |
79-1031 |
Department; provide data to Governor; Governor;
duties |
| 900 |
678 |
79-3823 |
79-1032 |
School Finance Review Committee; created; members;
duties |
| 900 |
679 |
79-3824 |
79-1033 |
State aid; payments; reports; use; requirements;
failure to submit reports; effect; early payments |
LB 934 (1996)
Bill
Sec. |
Citation |
Description |
| 5 |
79-3809 |
With the elimination of the Agricultural
Land Valuation Advisory Board as per LB 934, this section of
the state aid formula was amended to harmonize appropriate statutory
references in relation to establishing adjusted valuation for
agricultural land. |
LB 1050 (1996)
Bill
Sec. |
Citation |
Description |
| 10 |
79-3801 |
x |
| 11 |
79-3802 |
x |
| 12 |
79-3803 |
x |
| 13 |
79-3804 |
x |
| 14 |
79-1005
new section |
x |
| 15 |
79-3805 |
x |
| 16 |
79-1007
new section |
x |
| 17 |
79-3806 |
x |
| 18 |
79-1009
new section |
x |
| 19 |
79-1010
new section |
x |
| 20 |
79-3806.01 |
x |
| 21 |
79-3807 |
x |
| 22 |
79-1014
new section |
x |
| 23 |
79-3808 |
x |
| 24 |
79-3809 |
x |
| 25 |
79-3810 |
x |
| 26 |
79-3811 |
x |
| 27 |
79-3811.01 |
x |
| 28 |
79-3811.02 |
x |
| 29 |
79-3812 |
x |
| 30 |
79-3813 |
x |
| 31 |
79-3817 |
x |
| 32 |
79-3819 |
x |
| 40 |
79-3822 |
x |
LB 269 (1997)
Bill
Sec. |
Citation |
Description |
| 60 |
79-1008 |
Technical change. Merely clarifies
the section of law [§13-508(1)] in which can be found the
deadlines for school districts to certify budget statements together
with the amount of the tax required to fund the adopted budget
(by August 1 each year for Class Is and by September 20 each
year for all other districts). |
| 61 |
79-1024 |
Technical change. Similar to section
60 of LB 269 (1997), section 61 merely clarifies the exact section
of law for the filing deadlines. |
LB 270 (1997)
Bill
Sec. |
Citation |
Description |
| 103 |
79-1016 |
Eliminates a publication requirement for the Property Tax
Administrator (PTA). Prior to LB 270 (1997), the PTA was required
to publish notice of the school district adjusted valuations
once they are certified to NDE. This requirement was eliminated
under LB 270.
Permits school district or county official to file an appeal
with the PTA concerning assessed value changes by reason of land
qualified or disqualified for special use valuation (greenbelt).
NOTE: This section amended LB 342 (1997), § 4, and LB
713 (1997), § 3.
|
LB 271 (1997)
Bill
Sec. |
Citation |
Description |
| 53 |
79-1016 |
Harmonizes the school finance formula
with change under LB 271 (1997) to eliminate the existing motor
vehicle property tax system and replace it with a vehicle age-based
system. The change to this section involves the elimination
of references to motor vehicles. |
LB 342 (1997)
Bill
Sec. |
Citation |
Description |
| 4 |
79-1016 |
Creates a new process by which any
school district or county official may file with the Property
Tax Administrator (PTA) a written request for a "nonappealable"
correction of the adjusted valuation due to clerical error.
Clerical errors would include transposition of numbers, allocation
of value to the wrong school district, mathematical error, and
omitted value. The PTA must approve or deny the requests by
specified dates, and, if approved, certify the corrected adjusted
valuations resulting from such action to NDE. |
LB 345 (1997)
Bill
Sec. |
Citation |
Description |
| 29 |
79-1029 |
The prior definition defined legal
voters as "all who are eligible to vote at an election for
school district officers." The new definition clarified
that a legal voter is a voter registered and domiciled in a precinct
or ward that lies in whole or in part within the school district.
In this section, the term "registered voters" is replaced
with "legal voters." |
LB 347 (1997)
Bill
Sec. |
Citation |
Description |
| 29 |
79-1003 |
Eliminates references to county
nonresident high school tuition funds due to their obsolescence
as of 1993. |
| 30 |
79-1015 |
Eliminates references to county
nonresident high school tuition funds due to their obsolescence
as of 1993. |
| 31 |
79-1018 |
Eliminates references to county
nonresident high school tuition funds due to their obsolescence
as of 1993. |
| 32 |
79-1032 |
Editorial change to existing citation
reference. |
LB 397 (1997)
Bill
Sec. |
Citation |
Description |
| 49 |
79-1018 |
Eliminate outdated references to
amounts paid by the state to refund litigated personal property
taxes to school districts in 1988. |
LB 401 (1997)
Bill
Sec. |
Citation |
Description |
| 4 |
79-1031 |
Accounts for the temporary income
tax reduction as per LB 401 (1997) by requiring the Governor
to submit budget proposals containing an increase in the appropriations
from income tax revenue to schools in tax years 1997 and 1998. |
LB 595 (1997)
Bill
Sec. |
Citation |
Description |
| 6 |
79-1016 |
Provides that when a county board
adopts special valuation for qualifying property in the county
pursuant to sections 77-1343 to 77-1348 (greenbelt land), the
adjusted valuation used to calculate state aid to schools may
not exceed 108% of the assessed valuation for the property tax
year on which the adjusted valuation is based, beginning in the
1997-98 school year. |
LB 710 (1997)
Bill
Sec. |
Citation |
Description |
| 5 |
79-1003
Amend LB 806 (1997), § 31. |
Define base fiscal year as (a) for
school district reorganizations that occurred prior to the 1995-96
school fiscal year, the first fiscal year in which all data sources
reflect the reorganized district as a single district and (b)
for school district reorganizations that occur during or after
the 1995-96 school fiscal year, the second fiscal year following
the year in which the reorganization occurred.
Define low-income child as a child under 19 years of age living
in a household having an annual adjusted gross income of $15,000
or less for the second calendar year preceding the beginning
of the school fiscal year in which aid is being calculated. |
| 6 |
79-1005 |
Provide that each district shall
be preliminarily allocated a share of the sum total income tax
liability based on its pro rata share of the total valuation
of the school fiscal year in which the second preceding tax year
ended of all such districts and multiplied by the allocation
percentage. |
| 7 |
79-1015 |
Remove reference to the county nonresident
high school tuition fund. |
| 8 |
79-1018 |
Clarify that district formula resources
include other actual receipts available for the funding of general
fund operating expenditures for the most recently available complete
data year. |
| 9 |
79-1007.01
Amend LB 806 (1997), § 35. |
Require the Department to calculate
the number of formula students to whom the poverty factor shall
apply. The Department must calculate a ratio of the formula students
to the total children under 19 years of age residing in the local
system and apply the ratio to the low-income children within
the local system, in order to determine the number of low-income
students within such local system.
Create an Extreme Remoteness Factor equal to .125 times the formula
students in the local system for each local system that has fewer
than 200 formula students and more than 600 square miles in the
local system, less than 3/10 formula students per square mile
in the local system, and more than 25 miles between the high
school attendance center and the next closest high school attendance
center on paved roads.
Clarify that total adjusted formula membership for each local
system is the weighted formula students plus the demographic
factors. |
| 10 |
79-1007.02
Amend LB 806 (1997), § 36. |
Change the sparse cost grouping in order eliminate one of
the available criteria to classify a local system in this cost
grouping. Eliminates the following criteria:
(A) Less than one formula student per square mile in the local
system, and
(B) More than 20 miles between the high school attendance center
and the next closest high school attendance center on paved roads.
Clarify that when calculating the cost group factor for each
cost grouping, the product of two times the ratio of the difference
between the formula students attributable to the cost grouping
without weighting or adjustment and the average daily membership
attributable to the cost grouping divided by the average daily
membership, shall not be less than zero.
|
| 11 |
79-1008.01
Amend LB 806 (1997), § 38. |
Clarifies that funds from the Small
School Stabilization factor be distributed proportionately to
qualifying local systems based on the dollar amount each local
system's calculated state aid plus the product of a levy of $1.10
for school fiscal years 1998-99 and 1999-00 and of $1.00 for
school fiscal year 2000-01 and each school fiscal year thereafter
multiplied by the assessed valuation divided by 100 is below
90% of state aid plus property tax receipts received by the local
system during the preceding school fiscal year.
Provide that any aid available for distribution under the Small
School Stabilization Factor that is not distributed shall be
instead distributed as equalization aid. |
| 12 |
79-1018.01
Amend LB 806 (1997), § 50. |
Provide that for state aid certified
for school year 1998-99 and each year thereafter, other actual
receipts shall equal each district's other actual receipts adjusted
by the average annual change in each district's other actual
receipts for the most recently available complete data year and
the two school years immediately preceding. For final calculation
of state aid, other actual receipts shall be as reported in the
Annual Financial Report (AFR) from the most recently available
complete data year. |
| 13 |
79-1022
Amend LB 713 (1997), § 5; and LB 806 (1997), § 51. |
Clarifies that by December 1, 1997,
and each school fiscal year thereafter, the department must determine
the amounts to be distributed to each local system under TEEOSA
based on estimated funding levels. The amount to be distributed
to each district from the amount certified for a local system
shall be proportional based on the weighted formula membership
attributed to each district in die local system.
Provide that on or before November 1, 1997 and each fiscal year
thereafter, the Legislative Fiscal Analyst shall provide the
department with the estimated funding level to carry out the
provisions of TEEOSA. |
| 14 |
79-1024 |
Provide that the Auditor, after
consultation with the department, shall review each district's
budget statement for statutory compliance, and notify the Commissioner
of any district failing to submit to the department or the Auditor
the budget documents required by statute, or failing to make
any corrections of errors in the budget documents.
Provide that if a district does not comply with this requirement
prior to be end of the state's biennium following the biennium
that included the fiscal year for which state aid was calculated,
the state aid funds will revert to the General Fund.
Provide that the board of any district failing to comply with
this requirement prior shall be liable to the school district
for all school money which such district may lose by such failing. |
| 15 |
79-1026 |
The required number of decimal places
for allowable growth percentage calculations is reduced from
8 to 4. |
| 16 |
79-1031 |
Editorial change. |
| 17 |
79-1031.01
Amend LB 806 (1997), § 54. |
Clarify that it is the intent of
the Legislature to ensure efficient appropriations to the School
District Income Tax Fund and to TEEOSA to result in a statewide
tax levy for each year's state aid calculation that would be
less than the maximum tax levy prescribed by law. |
| 18 |
79-1033 |
Clarify that if a school district
fails to timely submit the Annual Financial Report (AFR) and
Annual Statistical Summary (ATS), the Commissioner shall direct
that any state aid granted to the district be withheld until
such time as the reports am received by the department. If the
school district does not comply prior to the end of the state's
biennium following the biennium that included the fiscal year
for which state aid was calculated, the state aid funds shall
revert to the General Fund. |
LB 713 (1997)
Bill
Sec. |
Citation |
Description |
| 1 |
79-1003 |
The definitions for "general
fund operating expenditures" and "transportation allowance"
were amended to reflect changes necessary to provide data for
the earlier certification (LB 713 changed the certification date
to December 1st). Beginning in 1998-99, general fund operating
expenditures and the transportation allowance would be calculated
using data from the school year immediately preceding the most
recently available complete data year, adjusted by the average
annual change in each district's general fund operating expenditures
or transportation allowance for the two school years immediately
preceding the most recently available complete data year. For
the final calculation of aid, the general fund operating expenditures
and the transportation allowance would be as reported in the
annual financial reports from the most recently available complete
data year. |
| 2 |
79-1007 |
Harmonizes calculation of adjusted
tiered cost per student with the intent to use the data averaging
process outlined in section 1 of LB 713. The tier structure
would be phased out under LB 806 (1997). |
| 3 |
79-1016 |
In order to harmonize with the December
1st certification date, this section changes the deadline by
which the Property Tax Administrator must enter an order modifying
or declining to modify the adjusted valuations of school districts
and certify the order to NDE. LB 713 changes the date from December
1st to November 1st. |
| 4 |
79-1018 |
The other actual receipts for purposes
of state aid certification would be equal to the district's other
actual receipts from the school year immediately preceding the
most recently available complete data year, adjusted by the average
annual change in each district's other actual receipts for the
two school years immediately preceding the most recently available
complete data year. For the final calculation, other actual
receipts would be as reported in the annual financial reports
for the most recently available complete data year. |
| 5 |
79-1022 |
Requires the Legislative Fiscal Analyst Office to provide
an estimated funding level not later than November 1st each year
in order for NDE to meet its December 1st state aid certification
deadline.
NOTE: This section would be subsequently amended by LB 806
(1997), § 51 and by LB 710 (1997), § 13.
|
LB 806 (1997)
Bill
Sec. |
Citation |
Description |
| 29 |
79-1001 |
Change citation of the Tax Equity
and Educational Opportunities Act to incorporate nine new sections. |
| 30 |
79-1002 |
Change intent language to provide
support from all sources of state funding sufficient to support
the statewide aggregate general fund operating expenditures that
cannot be met by local resources. |
| 31 |
79-1003 |
Change definition of adjusted general
fund operating expenditures to mean general fund operating expenditures
minus the transportation allowance and for purposes of State
Aid paid in school fiscal year 1998-99 and each school fiscal
year thereafter, minus the special education allowance.
Change definition of adjusted valuation to mean the assessed
valuation of taxable property of each district in the state,
for school fiscal years before 1998-99, and of each local system
in the state, for school fiscal year 1998-99 and each school
fiscal year thereafter.
Change definition of allocated income tax funds to mean the amount
of assistance paid to a district and for school fiscal year 1998-99
and each, school fiscal year thereafter, as adjusted by the minimum
levy adjustment.
Change definition of average daily membership to mean the average
daily membership for K through 12 attributable to the district
for school fiscal years before school fiscal year 1998-99, and
for school fiscal year 1998-99 and each school fiscal year thereafter,
attributable to the local system.
Change definition of fall membership to mean the total membership
in K through 12 attributable to the district for school fiscal
years before school fiscal year 1998-99, and for school fiscal
year 1998-99 and each school fiscal year thereafter, attributable
to the local system, as reported on the fall school district
membership reports for the local system.
Change definition of a low-income child to mean a child under
18 years of age living in a household having an annual adjusted
gross income of $15,000 or less for the calendar year preceding
the year for which aid is being calculated.
Change definition of special education allowance as the amount
of special education receipts included in district formula resources. |
| 32 |
79-1005 |
Sunset existing statute relevant
to income tax rebate after school fiscal year 1997-98. |
| 33 |
79-1005.01 |
For 1998-99 and after, provide that
an amount equal to the amount appropriated to the School District
income Tax Fund for distribution in school fiscal year 1992-93
be disbursed as option payments and as allocated income tax funds.
Funds not distributed as allocated income tax funds due to minimum
levy adjustments shall be distributed as Equalization Aid.
Require the Tax Commissioner to certify to the department for
the second preceding tax year the income tax liability of resident
individuals for each local system. The 1998 income tax liability
of resident individuals of Class I districts that are affiliated
with multiple high school districts shall be divided between
local systems based on the percentage of the Class I district's
valuation affiliated with each high school district. |
| 34 |
79-1007 |
The tier structure created under
LB 1059 (1990) would remain in effect through the 1997-98 school
fiscal year. |
| 35 |
79-1007.01 |
Requires the computation of adjusted
formula membership in each local system, rather than individual
district, based on a weighting factor by grade level which is
adjusted to reflect systems with Indian-land, limited English
proficiency students, poverty and sparsity. |
| 36 |
79-1007.02 |
Local systems are divided into three
cost groupings and general fund operating expenditures are determined
for each of the cost groupings. A cost growth factor is then
applied to each cost grouping to determine formula need. The
growth factor reflects a two-year increase in students, the allowable
budget growth rate under the formula and half of a school board's
discretionary growth rate authority. |
| 37 |
79-1008 |
This section automatically sunsets
after the 1997-98 school fiscal year. |
| 38 |
79-1008.01 |
Incentive Funds: Creates
a new section for reorganization incentive payments for school
fiscal year 1998-99 and beyond that applies to districts reorganized
on or before June 30, 2005. Each local system shall receive Equalization
Aid in the amount that the total formula need of each local system
exceeds its total formula resources.
Stabilization Factor: Provide that for school fiscal yew
1998-99 and beyond, local systems shall not receive less than
85% of the total aid certified for the prior school year. Except
that any district that has a levy in the current calendar year
that is less that 90% of the maximum levy allowed by law for
that fiscal year shall have its calculated state aid amount reduced.
Lop-Off: Provide that no local system may receive equalization
aid such that, when total aid is added to a levy of one dollar
for state aid to be distributed in school fiscal years 1998-99
and 1999-00 or of 90¢ for state aid to be distributed in
school fiscal year 2000-01 and each school fiscal year thereafter,
multiplied by the local system's adjusted valuation divided by
100, would result in total local system revenue from state aid
plus property tax receipts which exceeds the total of:
State aid + property tax receipts from the preceding fiscal year
X (1.01 + the applicable allowable growth rate for the system
+ the percentage growth in formula students) + unused budget
authority + the difference between other actual receipts
Small School Adjustment: Provide that the aid not distributed
through equalization based on the lop-off calculation shall be
distributed to local systems that have 900 or less formula students
and have adjusted general fund operating expenditures per formula
student less than the average for all local systems with 900
or less formula students. The aid shall be distributed based
on the dollar amount each local system is below ninety percent
of calculated state aid plus the product of a levy of $1.10 multiplied
by the adjusted valuation divided by 100. |
| 39 |
79-1008.02 |
Provide for a minimum levy adjustment
which shall be calculated and applied to any system that has
a levy in the calendar year when aid is certified that is less
than 90% of the maximum levy allowed.
The minimum levy adjustment shall be added to the formula resources
for the determination of equalization aid. If the minimum levy
adjustment is greater than or equal to the allocated income tax
funds, the system shall not receive allocated income tax funds.
If the minimum levy adjustment is less than the allocated income
tax funds, the local system shall receive allocated income tax
funds in the amount of the difference between the allocated income
tax funds and the minimum levy adjustment. |
| 40 |
79-1009 |
Provide that for school year 1998-99
and each year thereafter, net option funding is the sum of the
products of the net number of option students in each grade range
multiplied by the lesser of the average cost grouping cost per
student OR the option school district's cost grouping cost per
student multiplied by the weighting factor for the corresponding
grade range.
Provide that net option funding will be paid directly to a district.
The net option fund receipts will be counted as a formula resource
for the local system. |
| 41 |
79-1010 |
Provide that incentive payments
shall be paid directly to the consolidated district. |
| 42 |
79-1011 |
Sunset this particular section after
the 1997-98 school fiscal year. |
| 43 |
79-1014 |
Sunset this particular section after
the 1997-98 school fiscal year. |
| 44 |
79-1015 |
Sunset this particular section after
the 1997-98 school fiscal year. |
| 45 |
79-1015.01 |
Provide that for school fiscal year
1998-99 and each school fiscal year thereafter, district formula
resources shall include local effort rate yield. The local effort
rate shall be determined by the department. The local effort
rate yield shall be determined by multiplying each local system's
total adjusted valuation by the local effort rate. |
| 46 |
79-1016 |
Require the Property Tax Administrator
to certify to the Department of Education the adjusted valuation
for the current calendar year of each local system. |
| 47 |
79-1017 |
Provide that for school fiscal years
before 1998-99, district formula resources shall include allocated
income tax fund. |
| 48 |
79-1017.01 |
For school fiscal year 1998-99 and
beyond, local system formula resources shall include allocated
income tax funds determined for each district. |
| 49 |
79-1018 |
Sunset this particular section after
the 1997-98 school fiscal year. |
| 50 |
79-1018.01 |
Restate current language on which
receipts are considered accountable receipts. |
| 51 |
79-1022 |
Provide that on or before December
1, 1997, and on or before December 1 of each year thereafter,
the department shall determine the amounts to be distributed
to each local system based on estimated funding levels and shall
certify the amounts to the Director of Administrative Services,
the Auditor of Public Accounts, and each district.
[This section actually amends section 5 of LB 713 (1997),
which was passed into law prior to LB 806.] |
| 52 |
79-1026 |
Require the department to determine
a target budget level for each local system by multiplying the
average daily membership of each local system by the cost grouping
cost per student. The sum of such products and the local system's
special education allowance and transportation allowance shall
be each local system's target budget level. |
| 53 |
79-1031 |
Harmonize with change in intent
language to provide support from all sources of state funding
sufficient to support the statewide aggregate general fund operating
expenditures that cannot be met by local resources. |
| 54 |
79-1031.01 |
Requires the Appropriations Committee
to annually recommend an appropriation level to result in a local
effort rate in the state aid formula that is less than the maximum
levy for schools after total statewide formula need is inflated
by the CPI for the most recent two years. |
| 69 |
79-1004 |
Repealed. |
| 69 |
79-1006 |
Repealed. |
| 69 |
79-1013 |
Repealed. |
LB 865 (1997)
Bill
Sec. |
Citation |
Description |
| 2 |
79-1018 |
Harmonizes school finance formula
with the intent under LB 865 to exclude lottery grants for innovative
special education programs from the special education receipts
included in the calculation of state aid. |
LB 306 (1998)
Bill
Sec. |
Citation |
Description |
| 42 |
79-1003 |
Editorial change to definition of
"special education allowance" in order to provide the
correct subsection citation reference under § 79-1018.01
due to the addition of a new actual receipt category (motor vehicle
tax receipts). |
| 43 |
79-1018 |
Inserts "motor vehicle tax
receipts" as a new category of actual receipts for purposes
of calculating district formula resources. |
| 44 |
79-1018.01 |
Inserts "motor vehicle tax
receipts" as a new category of actual receipts for purposes
of calculating local system formula resources beginning on January
1, 1998. |
LB 989 (1998)
Bill
Sec. |
Citation |
Description |
| 6 |
79-1007.02 |
Changes one of the components used to calculate the cost growth
factor that is then used to calculate total estimated general
fund operating expenditures for each cost grouping. LB 989 changes
the component to include in the cost growth calculation one-half
of any additional growth rate allowed by special action of school
boards for the school fiscal year when the aid is to be distributed
as determined by December 1st of the school fiscal year immediately
preceding the school fiscal year when aid is to be distributed.
This provision was added on Select File, Coordsen AM3790,
to provide some stability in budget setting for Class I districts.
|
| 7 |
79-1008.01 |
Amends the minimum levy adjustment
to conform with the changes made in 79-1007.02. |
| 8 |
79-1023 |
Provides that no Class II, III,
IV, V, or VI district may increase its general fund budget of
expenditures more than the local system's applicable allowable
growth percentage. |
| 9 |
79-1025 |
Eliminates obsolete language that
refers to the old spending lid (3 - 5.5%); establishes the new
base limitation rate under a separate section of law (§77-3446)
and allows a growth range of 2%. The base rate established in
§77-3446 under LB 989 is 2.5%. |
| 10 |
79-1026 |
Eliminates obsolete language and
requires NDE to certify the allowable growth percentage calculated
to four decimal places for each Class II through VI district
by December 1st. Previously, the allowable growth percentage
was calculated for each district by July 1st. The allowable
growth percentage for each district is a linear interpolation
which places schools with average or above average spending at
the minimum growth rate and lower spending school districts arrayed
above that figure with the very bottom spender at the maximum.
A 3/4s vote of the school board would be necessary for any increase
greater than 2.5%. |
| 11 |
79-1028 |
Eliminates obsolete language and an exception for capital
improvements and bonded indebtedness. Since the lid is on general
fund expenses, building fund expenditures are considered outside
by definition.
Eliminates an exception for expenditures for new programs
required by state or federal law and an exception for Commission
of Industrial Relations orders.
Provides a new exception for expenditures to pay for lease-purchase
contracts approved on or after July 1, 1997, and before July
1, 1998, to the extent the lease payments are not budgeted expenditures
for fiscal year 1997-98.
|
| 12 |
79-1029 |
Maintains existing language permitting a school board to exceed
its applicable allowable growth rate by up to 1%.
Provides that a popular vote to exceed the levy limits and
a vote to exceed the budget limits may be placed before the voters
on the same ballot question.
|
| 13 |
79-1030 |
Permits unused budget authority
but clarifies that such authority applies to Class I through
VI schools only. |
LB 1134 (1998)
Bill
Sec. |
Citation |
Description |
| 1 |
79-1001 |
Change the citation of TEEOSA.
A new section of TEEOSA was added to create the Reorganized School
Assistance Fund and to provide for a transfer of funds from the
State's Cash Reserve Fund to the newly created fund. |
| 2 |
79-1003 |
Change definition of "base
fiscal year" for school district reorganizations that occur
during or after the 1997-98 school fiscal year to mean the first
school fiscal year following the fiscal year in which the reorganization
occurred. |
| 3 |
79-1010.01 |
Establish a Reorganized School Assistance
Fund from which first year reorganization incentives would be
paid in 1998-99 since state aid for 1998-99 had already been
certified. Transfer $2 million from the State's Cash Reserve
Fund to the Reorganized School Assistance Fund to make payments
in 1998-99. Require a $2 million transfer by September 1, 999
from the State's General Fund to the Reorganized School Assistance
Fund, which amount would be immediately transferred to the Cash
Reserve Fund to payback the $2 million used to pay reorganization
incentives in 1998-99. Terminate the Reorganized School Assistance
Fund on September 2,1999. Reduce the appropriation of state
aid for TEEOSA by $2 million in 1999-00 to offset the $2 million
transfer made from the General Fund to the Cash Reserve Fund. |
| 4 |
79-1010 |
Allow base year incentives to be
paid in 1998-99, 1999-00, 2000-01 and 2001-02. Change existing
law to allow incentive payments through Jul | |