Filed Date: 4/6/1982
Status: Precedential
Modified Date: 7/5/2016
REQUESTED BY: Senator John DeCamp Member of the Legislature 1116 State Capitol Lincoln, Nebraska 68509
Dear Senator DeCamp:
You have submitted to us a copy of your latest proposed amendment to LB 816, and have asked our opinion as to its constitutionality. In our opinion it can be successfully defended against constitutional attack.
Your amendment would strike all of the original sections of the bill, and all amendments, and substitute nine new sections. The first section recites that it is the intention of the Legislature that payments to political subdivisions be made pursuant to §§
Section 2 of your amendment would appropriate an additional $45 million to the School Foundation and Equalization Fund, to be distributed pursuant to §§
Section 3 of your amendment would provide for an appropriation of an additional $2 million for aid to technical community colleges, to be distributed pursuant to §§ 79-2651 to 79-2653. In our Opinion No. 213, dated March 8, 1982, we found nothing unconstitutional about the method of distributions specified in those sections, and said that adding more money to the pot to be distributed would not effect its constitutionality.
Sections 4, 5, and 6 of your amendment would amend §
We are confident that the distribution to the municipalities on the basis of their populations can be defended. In our Opinion No. 226, dated March 24, 1982, we also reached the conclusion that we could defend the distribution of money to the counties on the basis of the ratio of property taxes collected by the county for county purposes, despite some doubt cast upon the question by State ex rel.Douglas v. Marsh,
We are therefore of the opinion that your amendments to LB 816 could be successfully defended against constitutional attack.
Very truly yours, PAUL L. DOUGLAS Attorney General Ralph H. Gillan Assistant Attorney General