LB
989, passed in 1998, extended and modified a lid on what is defined
as restricted funds for political subdivisions with the authority
to levy property taxes except for elementary and secondary schools,
and a lid on general fund expenditures for schools.
(a) Restricted
funds are defined to include property taxes, local sales taxes,
payments received in lieu of taxes, surpluses generated from
a fee-supported activity (like an electric utility) which are
budgeted for general uses, and state aid. State aid includes
homestead exemption reimbursement, insurance premium tax receipts,
street and roads funds, MIRF funds, general personal property
tax exemption reimbursement fund, equalizing city and county
aid, and state aid to community colleges.
(b) The
law prohibits adopting a budget which contains restricted funds
totaling more than the budgeted restricted funds for the previous
year, plus
i. a
statutorily set percentage allowable growth rate, currently
2.5 percent,
ii. growth
in valuation due to improvements to real property between
the two most recent available years but only to the extent
such growth exceeds the basic allowable growth rate (2.5 percent),
iii. any
carryover of unused budget authority from previous years,
including amounts under previous limitations,
iv. one
percent if approved by at least a three-fourths majority vote
of the governing body. (in 2001-02, 55% of Nebraska municipalities
voted to use this additional 1%),
v. amounts
approved by the voters.
Adjustments
are to be made if a subdivision annexes property, transfers responsibility
for paying for a government service, or changes fiscal years.
(c)
There are six exceptions to the limitation:
i. expenditures
of restricted funds for capital improvements, defined as real
property and improvements thereto.
ii. expenditures
of restricted funds to retire bonded indebtedness,
iii. expenditures
of restricted funds from a sinking fund set up to fund equipment
purchases,
iv. expenditures
of restricted funds in support of a jointly financed local
service,
v. expenditures
of restricted funds to repair infrastructure required by a
declared natural disaster, and
vi. expenditures
of restricted funds to satisfy judgments, except judgments
of the Commission on Industrial Relations.
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