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LEGISLATURE OF NEBRASKA
ONE HUNDRED SIXTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 161
Introduced by Erdman, 47; Clements, 2; Friesen, 34.
Read first time January 11, 2019
Committee: Education
1 A BILL FOR AN ACT relating to education; to amend sections 11-119,
2 13-903, 13-2202, 32-546.01, 32-567, 32-604, 32-1203, 68-907,
3 70-651.04, 77-1601.02, 77-1614, 77-1624, 77-1702, 77-1704.01,
4 77-1708, 77-1736.06, 77-1772, 77-2201, 77-2202, 77-2704.15, 77-3442,
5 79-201, 79-2,104, 79-433, 79-458.01, 79-467, 79-468, 79-527, 79-549,
6 79-760.05, 79-777, 79-1007.05, 79-1074, 79-1125.01, 79-1142,
7 79-1210, 79-2404, and 81-1203, Reissue Revised Statutes of Nebraska,
8 and sections 9-812, 13-503, 13-508, 13-511, 79-102, 79-215, 79-233,
9 79-235, 79-235.01, 79-237, 79-238, 79-241, 79-407, 79-408, 79-413,
10 79-415, 79-458, 79-473, 79-528, 79-611, 79-703, 79-760.02,
11 79-760.03, 79-850, 79-979, 79-1003, 79-1005, 79-1005.01, 79-1007.11,
12 79-1007.18, 79-1008.01, 79-1009, 79-1017.01, 79-1022, 79-1024,
13 79-1033, 79-1036, 79-1041, 79-1075, 79-1083, 79-1084, 79-1086,
14 79-10,143, 79-11,155, 79-1241.03, 79-1245, 79-2104, and 79-2605,
15 Revised Statutes Cumulative Supplement, 2018; to provide for
16 termination of learning communities and the learning community
17 coordinating council; to eliminate levy authority; to terminate the
18 Learning Community Reorganization Act; to remove authorization for
19 learning community early childhood education for children in
20 poverty, focus programs, focus schools, and magnet schools; to
21 change provisions and remove obsolete provisions from the Tax Equity
22 and Educational Opportunities Support Act; to harmonize provisions;
23 to provide operative dates; to repeal the original sections; and to
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1 outright repeal sections 32-555.01, 79-4,117, 79-4,118, 79-4,120,
2 79-4,127, 79-769, 79-1007.04, 79-1007.17, 79-1007.23, 79-1007.25,
3 79-2101, 79-2102, 79-2102.01, 79-2103, 79-2110.01, 79-2112, 79-2114,
4 79-2116, 79-2118, 79-2119, and 79-2121, Reissue Revised Statutes of
5 Nebraska, and sections 79-4,119, 79-4,121, 79-4,122, 79-4,123,
6 79-4,124, 79-4,125, 79-4,126, 79-4,128, 79-4,129, 79-1008.02,
7 79-1073, 79-10,126.01, 79-10,145, 79-2104, 79-2104.01, 79-2104.02,
8 79-2104.03, 79-2104.04, 79-2110, 79-2111, 79-2113, 79-2115, 79-2117,
9 79-2120, 79-2122, and 79-2123, Revised Statutes Cumulative
10 Supplement, 2018.
11 Be it enacted by the people of the State of Nebraska,
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1 Section 1. (1) On July 1, 2020, any learning community as defined
2 in section 79-2101 shall be dissolved.
3 (2) Each learning community coordinating council shall prepare for
4 such dissolution by transferring all assets to member school districts
5 and performing such other tasks as may be necessary for an orderly
6 dissolution. Any remaining records, books, papers, and personal property
7 belonging to such learning community after such dissolution shall be
8 delivered to the State Board of Education to be distributed, as
9 determined by the state board, to the school districts that were members
10 of such learning community immediately prior to its dissolution. Any
11 liabilities of a learning community remaining after dissolution shall be
12 divided proportionately between former member school districts based on
13 the taxable valuation of such school districts.
14 Sec. 2. Section 9-812, Revised Statutes Cumulative Supplement, 2018,
15 is amended to read:
16 9-812 (1) All money received from the operation of lottery games
17 conducted pursuant to the State Lottery Act in Nebraska shall be credited
18 to the State Lottery Operation Trust Fund, which fund is hereby created.
19 All payments of the costs of establishing and maintaining the lottery
20 games shall be made from the State Lottery Operation Cash Fund. In
21 accordance with legislative appropriations, money for payments for
22 expenses of the division shall be transferred from the State Lottery
23 Operation Trust Fund to the State Lottery Operation Cash Fund, which fund
24 is hereby created. All money necessary for the payment of lottery prizes
25 shall be transferred from the State Lottery Operation Trust Fund to the
26 State Lottery Prize Trust Fund, which fund is hereby created. The amount
27 used for the payment of lottery prizes shall not be less than forty
28 percent of the dollar amount of the lottery tickets which have been sold.
29 (2) A portion of the dollar amount of the lottery tickets which have
30 been sold on an annualized basis shall be transferred from the State
31 Lottery Operation Trust Fund to the Education Innovation Fund, the
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1 Nebraska Opportunity Grant Fund, the Nebraska Education Improvement Fund,
2 the Nebraska Environmental Trust Fund, the Nebraska State Fair Board, and
3 the Compulsive Gamblers Assistance Fund as provided in subsection (3) of
4 this section. The dollar amount transferred pursuant to this subsection
5 shall equal the greater of (a) the dollar amount transferred to the funds
6 in fiscal year 2002-03 or (b) any amount which constitutes at least
7 twenty-two percent and no more than twenty-five percent of the dollar
8 amount of the lottery tickets which have been sold on an annualized
9 basis. To the extent that funds are available, the Tax Commissioner and
10 director may authorize a transfer exceeding twenty-five percent of the
11 dollar amount of the lottery tickets sold on an annualized basis.
12 (3) Of the money available to be transferred to the Education
13 Innovation Fund, the Nebraska Opportunity Grant Fund, the Nebraska
14 Education Improvement Fund, the Nebraska Environmental Trust Fund, the
15 Nebraska State Fair Board, and the Compulsive Gamblers Assistance Fund:
16 (a) The first five hundred thousand dollars shall be transferred to
17 the Compulsive Gamblers Assistance Fund to be used as provided in section
18 9-1006;
19 (b) Beginning July 1, 2016, forty-four and one-half percent of the
20 money remaining after the payment of prizes and operating expenses and
21 the initial transfer to the Compulsive Gamblers Assistance Fund shall be
22 transferred to the Nebraska Education Improvement Fund;
23 (c) Forty-four and one-half percent of the money remaining after the
24 payment of prizes and operating expenses and the initial transfer to the
25 Compulsive Gamblers Assistance Fund shall be transferred to the Nebraska
26 Environmental Trust Fund to be used as provided in the Nebraska
27 Environmental Trust Act;
28 (d) Ten percent of the money remaining after the payment of prizes
29 and operating expenses and the initial transfer to the Compulsive
30 Gamblers Assistance Fund shall be transferred to the Nebraska State Fair
31 Board if the most populous city within the county in which the fair is
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1 located provides matching funds equivalent to ten percent of the funds
2 available for transfer. Such matching funds may be obtained from the city
3 and any other private or public entity, except that no portion of such
4 matching funds shall be provided by the state. If the Nebraska State Fair
5 ceases operations, ten percent of the money remaining after the payment
6 of prizes and operating expenses and the initial transfer to the
7 Compulsive Gamblers Assistance Fund shall be transferred to the General
8 Fund; and
9 (e) One percent of the money remaining after the payment of prizes
10 and operating expenses and the initial transfer to the Compulsive
11 Gamblers Assistance Fund shall be transferred to the Compulsive Gamblers
12 Assistance Fund to be used as provided in section 9-1006.
13 (4) The Nebraska Education Improvement Fund is created. The fund
14 shall consist of money transferred pursuant to subsection (3) of this
15 section, money transferred pursuant to section 85-1920, and any other
16 funds appropriated by the Legislature. The fund shall be allocated, after
17 actual and necessary administrative expenses, as provided in this section
18 for fiscal years 2016-17 through 2020-21. A portion of each allocation
19 may be retained by the agency to which the allocation is made or the
20 agency administering the fund to which the allocation is made for actual
21 and necessary expenses incurred by such agency for administration,
22 evaluation, and technical assistance related to the purposes of the
23 allocation, except that no amount of the allocation to the Nebraska
24 Opportunity Grant Fund may be used for such purposes. On or before
25 December 31, 2019, the Education Committee of the Legislature shall
26 electronically submit recommendations to the Clerk of the Legislature
27 regarding how the fund should be allocated to best advance the
28 educational priorities of the state for the five-year period beginning
29 with fiscal year 2021-22. For fiscal year 2016-17, an amount equal to ten
30 percent of the revenue allocated to the Education Innovation Fund and to
31 the Nebraska Opportunity Grant Fund for fiscal year 2015-16 shall be
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1 retained in the Nebraska Education Improvement Fund. For fiscal years
2 2017-18 through 2020-21, an amount equal to ten percent of the revenue
3 received by the Nebraska Education Improvement Fund in the prior fiscal
4 year shall be retained in the fund. For fiscal years 2016-17 through
5 2020-21, the remainder of the fund, after payment of any learning
6 community transition aid pursuant to section 79-10,145, shall be
7 allocated as follows:
8 (a) One percent of the allocated funds to the Expanded Learning
9 Opportunity Grant Fund to carry out the Expanded Learning Opportunity
10 Grant Program Act;
11 (b) Seventeen percent of the allocated funds to the Department of
12 Education Innovative Grant Fund to be used (i) for competitive innovation
13 grants pursuant to section 79-1054 and (ii) to carry out the purposes of
14 section 79-759;
15 (c) Nine percent of the allocated funds to the Community College Gap
16 Assistance Program Fund to carry out the community college gap assistance
17 program;
18 (d) Eight percent of the allocated funds to the Excellence in
19 Teaching Cash Fund to carry out the Excellence in Teaching Act;
20 (e) Sixty-two percent of the allocated funds to the Nebraska
21 Opportunity Grant Fund to carry out the Nebraska Opportunity Grant Act in
22 conjunction with appropriations from the General Fund; and
23 (f) Three percent of the allocated funds to fund distance education
24 incentives pursuant to section 79-1337.
25 (5) Any money in the State Lottery Operation Trust Fund, the State
26 Lottery Operation Cash Fund, the State Lottery Prize Trust Fund, the
27 Nebraska Education Improvement Fund, or the Education Innovation Fund
28 available for investment shall be invested by the state investment
29 officer pursuant to the Nebraska Capital Expansion Act and the Nebraska
30 State Funds Investment Act.
31 (6) Unclaimed prize money on a winning lottery ticket shall be
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1 retained for a period of time prescribed by rules and regulations. If no
2 claim is made within such period, the prize money shall be used at the
3 discretion of the Tax Commissioner for any of the purposes prescribed in
4 this section.
5 Sec. 3. Section 11-119, Reissue Revised Statutes of Nebraska, is
6 amended to read:
7 11-119 The following named officers shall execute a bond with
8 penalties of the following amounts:
9 (1) The Governor, one hundred thousand dollars;
10 (2) The Lieutenant Governor, one hundred thousand dollars;
11 (3) The Auditor of Public Accounts, one hundred thousand dollars;
12 (4) The Secretary of State, one hundred thousand dollars;
13 (5) The Attorney General, one hundred thousand dollars;
14 (6) The State Treasurer, not less than one million dollars and not
15 more than double the amount of money that may come into his or her hands,
16 to be fixed by the Governor;
17 (7) Each county attorney, a sum not less than one thousand dollars
18 to be fixed by the county board;
19 (8) Each clerk of the district court, not less than five thousand
20 dollars or more than one hundred thousand dollars to be determined by the
21 county board;
22 (9) Each county clerk, not less than one thousand dollars or more
23 than one hundred thousand dollars to be determined by the county board,
24 except that when a county clerk also has the duties of other county
25 offices the minimum bond shall be two thousand dollars;
26 (10) Each county treasurer, not less than ten thousand dollars and
27 not more than the amount of money that may come into his or her hands, to
28 be determined by the county board;
29 (11) Each sheriff, in counties of not more than twenty thousand
30 inhabitants, five thousand dollars, and in counties over twenty thousand
31 inhabitants, ten thousand dollars;
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1 (12) Each district superintendent of public instruction, one
2 thousand dollars;
3 (13) Each county surveyor, five hundred dollars;
4 (14) Each county commissioner or supervisor, in counties of not more
5 than twenty thousand inhabitants, one thousand dollars, in counties over
6 twenty thousand and not more than thirty thousand inhabitants, two
7 thousand dollars, in counties over thirty thousand and not more than
8 fifty thousand inhabitants, three thousand dollars, and in counties over
9 fifty thousand inhabitants, five thousand dollars;
10 (15) Each register of deeds in counties having a population of more
11 than sixteen thousand five hundred inhabitants, not less than two
12 thousand dollars or more than one hundred thousand dollars to be
13 determined by the county board;
14 (16) Each township clerk, two hundred fifty dollars;
15 (17) Each township treasurer, two thousand dollars;
16 (18) Each county assessor, not more than five thousand dollars and
17 not less than two thousand dollars;
18 (19) Each school district treasurer, not less than five hundred
19 dollars or more than double the amount of money that may come into his or
20 her hands, the amount to be fixed by the president and secretary of the
21 district;
22 (20) Each road overseer, two hundred fifty dollars;
23 (21) Each member of a county weed district board and the manager
24 thereof, such amount as may be determined by the county board of
25 commissioners or supervisors of each county with the same amount to apply
26 to each member of any particular board; and
27 (22) In any county, in lieu of the individual bonds required to be
28 furnished by county officers, a schedule, position, or blanket bond or
29 undertaking may be given by county officers, or a sin