Bill Summary – FastDemocracy

LB416                                                                         LB416
                                                                         2019
                               LEGISLATURE OF NEBRASKA
                           ONE HUNDRED SIXTH LEGISLATURE
                                     FIRST SESSION
                       LEGISLATIVE BILL 416
        Introduced by Friesen, 34.
        Read first time January 18, 2019
        Committee: Education
   A BILL FOR AN ACT relating to schools; to amend section 79-1037, Reissue
        Revised Statutes of Nebraska, and section 79-1035, Revised Statutes
        Cumulative Supplement, 2018; to change the apportionment of funds
       from the temporary school fund; to change the distribution of county
       funds to school districts; and to repeal the original sections.
   Be it enacted by the people of the State of Nebraska,
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LB416                                                                                       LB416
                                                                                       2019
           Section 1. Section 79-1035, Revised Statutes Cumulative Supplement,
    2018, is amended to read:
           79-1035 (1)(a) The State Treasurer shall, each year on or before the
    third Monday in January, make a complete exhibit of all money belonging
    to the permanent school fund and the temporary school fund as returned to
    him or her from the several counties, together with the amount derived
    from other sources,   and deliver such exhibit duly certified to   the
    Commissioner of Education.
           (b) Beginning in 2016 and each year thereafter, the exhibit required
    in subdivision   (1)(a)      of this section shall include   a separate
    accounting, not to exceed an amount of ten million dollars, of the income
    from solar and wind agreements on school lands. The amount of income from
    solar and wind agreements on school lands shall be used to fund the
    grants described in section 79-308. The Board of Educational Lands and
    Funds shall provide the State Treasurer with the information necessary to
    make the exhibit required by this subsection. Separate accounting shall
    not be made for income from solar or wind agreements on school lands that
    exceeds the sum of ten million dollars.
           (2) On or before February 25 following receipt of the exhibit from
    the State Treasurer pursuant to subsection (1) of this section, the
    Commissioner of Education shall make the apportionment of the temporary
    school fund to each school district as follows: From the whole amount,
    less the amount of income from solar and wind agreements on school lands,
    there shall be paid to those districts in which there are school or
    saline lands, which lands are used for a public purpose, an amount in
    lieu of tax money that would be raised if such lands were taxable, to be
    fixed in the manner prescribed in section 79-1036; and the remainder
    shall be apportioned to school districts proportionally based on the
    average daily membership for each school district for the most recently
    available complete data year as defined in section 79-1003 the districts
    according to the pro rata enumeration of children who are five through
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LB416                                                                                                  LB416
                                                                                                  2019
   eighteen years of age in each district last returned from the school
    district. The calculation of apportionment for each school fiscal year
   shall include any corrections to     the prior school fiscal year's
   apportionment.
       (3) The Commissioner of Education shall certify the amount of the
   apportionment of the temporary school fund as provided in subsection (2)
   of this section to the Director of Administrative Services. The Director
   of Administrative Services shall draw a warrant on the State Treasurer in
    favor of the various districts for the respective amounts so certified by
    the Commissioner of Education.
       (4)      For purposes of    this section,      agreement means any lease,
   easement, covenant, or other such contractual arrangement.
        Sec. 2. Section 79-1037, Reissue Revised Statutes of Nebraska, is
    amended to read:
       79-1037 (1) Each county treasurer shall add (a) all money received
    by the county treasurer of his or her county on account of fines and
   licenses, (b) the proceeds from the sale of schoolhouses, sites, or other
   property of    a school district,       and    (c)   all unexpended balances of
   proceeds of taxes levied by a district when the district has been taken
   by the United States for any defense, flood control, irrigation, or war
   project.
       (2) The sum total referred to in subsection (1) of this section
    shall be   distributed to    the school several districts of    the county
    proportionally based on the average daily membership for each such school
   district for the most recently available complete data year as defined in
   section 79-1003 pro rata according to the enumeration of those children
    who are five through eighteen years of age for which the district is
    obligated to report on the census last returned by the districts.
        Sec.     3.         Original section    79-1037,      Reissue Revised Statutes of
    Nebraska, and section 79-1035, Revised Statutes Cumulative Supplement,
    2018, are repealed.
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Statutes affected: 
Introduced: 79-1035, 79-1037