77-3618 County Property Tax Relief Program; created; use; distributions.
77-3618. County Property Tax Relief Program; created; use; distributions.(1) The County Property Tax Relief Program is created. The program shall be used to distribute money to county governments to provide property tax relief and equalize county capacity to pay for public services from property taxes. Funds shall be distributed on or before September 1 each year by the Department of Revenue according to the formula created in this section.(2) The department shall calculate the amount to be distributed to each county as follows:(a) The county capacity shall be determined for each county. This amount is the assessed value of the county for the prior year multiplied by the county local effort rate, which is a tax rate of one and seven-tenths cents per one hundred dollars valuation, divided by the number of road miles maintained by the county;(b) The statewide county capacity shall be determined. This amount is the statewide assessed value for the prior year multiplied by the county local effort rate, which is a tax rate of one and seven-tenths cents per one hundred dollars valuation, divided by the number of road miles maintained by all counties;(c) The amount of aid due a county shall be determined by subtracting the county capacity from the statewide county capacity, if the result is a positive number, this amount multiplied by the number of county road miles is the amount to be distributed to the county subject to subdivision (d) of this subsection; and(d) The amount distributed to a county shall not exceed an amount equal to the result of a tax rate of five cents per one hundred dollars on the assessed value of the county.(3) A minimum levy adjustment shall be made for any county that would otherwise receive aid under subsections (1) and (2) of this section that has a levy for all purposes except bonded indebtedness for the prior year that is less than forty cents per one hundred dollars of valuation. The Department of Revenue shall reduce the amount to be distributed by a minimum levy adjustment which shall be calculated by subtracting the nonbond levy of the county for the prior year from forty cents and multiplying the result by the valuation of the county divided by one hundred. If the resulting aid amount after subtracting the minimum levy adjustment from the aid calculated under subsections (1) and (2) of this section is zero or less, the county shall receive no aid.(4) The Department of Roads shall provide the county road-mile information for all counties each year to the Department of Revenue. The information provided shall be the same as determined under section 39-2507.(5) If sufficient funds are not appropriated to fully fund the provisions of this section, the Department of Revenue shall make a proportionate reduction in each distribution made pursuant to this section. There shall be no funds appropriated to the County Property Tax Relief Program for fiscal years 2003-04 and 2004-05. Distributions under the program will resume in fiscal year 2005-06. SourceLaws 1998, LB 695, § 7; Laws 1998, LB 1104, § 29; Laws 1999, LB 669, § 1; Laws 2002, LB 994, § 27; Laws 2003, LB 622, § 2.Note: This section was repealed by Laws 2009, LB218, section 14, operative on July 1, 2011.