79-1035 School funds; apportionment by Commissioner of Education; basis.
79-1035. School funds;apportionment by Commissioner of Education; basis.(1)(a) The State Treasurer shall, each yearon or before the third Monday in January, make a complete exhibit of all moneybelonging to the permanent school fund and the temporary school fund as returnedto him or her from the several counties, together with the amount derivedfrom other sources, and deliver such exhibit duly certified to the Commissionerof Education.(b) Beginning in 2016 and each year thereafter,the exhibit required in subdivision (1)(a) of this section shall include aseparate accounting, not to exceed an amount of ten million dollars, of theincome from solar and wind energy leases on school lands. The Board of EducationalLands and Funds shall provide the State Treasurer with the information necessaryto make the exhibit required by this subsection. Separate accounting shallnot be made for income from solar or wind energy leases on school lands thatexceeds the sum of ten million dollars.(2) On or before February25 following receipt of theexhibit from the State Treasurer pursuant to subsection (1) of this section,the Commissioner of Education shall make the apportionment of the temporaryschool fund to each school district as follows: From the whole amount thereshall 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 moneythat would be raised if such lands were taxable, to be fixed in the mannerprescribed in section 79-1036; and the remainder shall be apportioned to thedistricts according to the pro rata enumeration of children who are five througheighteen years of age in each district last returned from the school district.The calculation of apportionment for each school fiscal year shall includeany corrections to the prior school fiscal year's apportionment.(3) The Commissioner of Educationshall certify the amount of the apportionment of the temporary school fundas provided in subsection (2) of this section to theDirector of Administrative Services. The Director of Administrative Servicesshall draw a warrant on the State Treasurer in favor of the various districtsfor the respective amounts so certified by the Commissioner of Education.(4) For purposesof this section, lease means any lease, easement, covenant, or other suchcontractual arrangement. SourceLaws 1881, c. 78, subdivision XI, § 3, p. 369; R.S.1913, § 6930; Laws 1915, c. 122, § 1, p. 280; C.S.1922, § 6513; C.S.1929, § 79-2002; Laws 1933, c. 144, § 3, p. 558; C.S.Supp.,1941, § 79-2002; R.S.1943, § 79-2002; Laws 1945, c. 210, § 1, p. 622; Laws 1949, c. 256, § 377, p. 817; Laws 1957, c. 359, § 1, p. 1217; Laws 1963, c. 493, § 1, p. 1575; Laws 1971, LB 1002, § 1; Laws 1989, LB 487, § 9; Laws 1990, LB 1090, § 22; Laws 1994, LB 858, § 10; R.S.1943, (1994), § 79-1302; Laws 1996, LB 900, § 681; Laws 1997, LB 345, § 30; Laws 1997, LB 710, § 19; Laws 1999, LB 272, § 95; Laws 2001, LB 797, § 31; Laws 2010, LB1014, § 4.Effective Date: July 15, 2010AnnotationsMethod and manner of apportionment for benefit of common schools is provided. State ex rel. Ebke v. Board of Educational Lands & Funds, 159 Neb. 79, 65 N.W.2d 392 (1954).