Bill Summary – FastDemocracy

LB386                                                                           LB386
                                                                           2023
                               LEGISLATURE OF NEBRASKA
                          ONE HUNDRED EIGHTH LEGISLATURE
                                     FIRST SESSION
                       LEGISLATIVE BILL 386
        Introduced by Linehan, 39.
        Read first time January 12, 2023
        Committee: Education
   A BILL FOR AN ACT relating to schools; to amend sections 77-3446 and
       79-1015.01,   Revised Statutes Cumulative Supplement,   2022;   to
       prohibit changes to the base limitation and the local effort rate
       calculation as prescribed; and to repeal the original sections.
   Be it enacted by the people of the State of Nebraska,
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LB386                                                                                           LB386
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           Section 1. Section 77-3446, Revised Statutes Cumulative Supplement,
    2022, is amended to read:
           77-3446     (1)    Base limitation means the budget limitation rate
   applicable to school districts and the limitation on growth of restricted
    funds applicable to other political subdivisions prior to any increases
    in the rate as a result of special actions taken by a supermajority of
    any governing board or of any exception allowed by law.
          (2) The base limitation for political subdivisions other than school
   districts is two and one-half percent until adjusted, except that the
   base limitation for school districts for school fiscal years 2017-18 and
   2018-19 is one and one-half percent and for school fiscal year 2019-20 is
   two percent. Such percentage The base limitation may be adjusted annually
    by the Legislature to reflect changes in the prices of services and
    products used by such school districts and political subdivisions.
          (3) The base limitation for school districts is two and one-half
   percent. Such percentage shall not be adjusted by the Legislature on or
   after the effective date of this act.
           Sec. 2. Section 79-1015.01, Revised Statutes Cumulative Supplement,
    2022, is amended to read:
           79-1015.01 (1) Local system formula resources shall include local
    effort rate yield which shall be computed as prescribed in this section.
           (2) For each school fiscal year except school fiscal years 2017-18
    and 2018-19: (a) For state aid certified pursuant to section 79-1022, the
    local effort rate shall be the maximum levy, for the school fiscal year
    for which aid is being certified, authorized pursuant to subdivision (2)
    (a) of section 77-3442 less five cents; (b) for the final calculation of
    state aid pursuant to section 79-1065, the local effort rate shall be the
    rate which,    when multiplied by    the total adjusted valuation of   all
    taxable property in local systems receiving equalization aid pursuant to
   the Tax Equity and Educational Opportunities Support Act, will produce
   the amount needed to support the total formula need of such local systems
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LB386                                                                                    LB386
                                                                                    2023
   when added to state aid appropriated by the Legislature and other actual
   receipts of local systems described in section 79-1018.01; and (c) the
   local effort rate yield for such school fiscal years shall be determined
   by multiplying each local system's total adjusted valuation by the local
   effort rate. The Legislature shall not make any changes to the way the
   local effort rate is calculated under this section on or after the
   effective date of this act.
       (3) For school fiscal years 2017-18 and 2018-19: (a) For state aid
   certified pursuant to section 79-1022, the local effort rate shall be the
   maximum levy,    for the school fiscal year for which aid is   being
   certified, authorized pursuant to subdivision (2)(a) of section 77-3442
   less two and ninety-seven hundredths cents; (b) for the final calculation
   of state aid pursuant to section 79-1065, the local effort rate shall be
   the rate which, when multiplied by the total adjusted valuation of all
   taxable property in local systems receiving equalization aid pursuant to
   the Tax Equity and Educational Opportunities Support Act, will produce
   the amount needed to support the total formula need of such local systems
   when added to state aid appropriated by the Legislature and other actual
    receipts of local systems described in section 79-1018.01; and (c) the
   local effort rate yield for such school fiscal years shall be determined
   by multiplying each local system's total adjusted valuation by the local
   effort rate.
       Sec. 3.       Original sections 77-3446 and 79-1015.01, Revised Statutes
   Cumulative Supplement, 2022, are repealed.
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Statutes affected: 
Introduced: 77-3446, 79-1015.01