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Existing ‘compensation aid’ for schools could be most important tool for property tax relief in Nebraska • Nebraska Examiner
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Existing ‘compensation aid’ for schools could be most important tool for property tax relief in Nebraska • Nebraska Examiner

LINCOLN — A proposal soon to be introduced in the Nebraska Legislature to overhaul property tax relief would use an existing school aid formula to provide at least $1.8 billion to the state’s 244 school districts.

This change essentially aims to replace local property taxes with state funds and reduce the maximum school tax rate for operating expenses from $1.05 per $100 of property value to 25 cents.

Operating costs make up about 80 percent of local school districts’ budgets, and Gov. Jim Pillen originally considered transferring funding for much of that to the state this summer.

State Sen. Lou Ann Linehan of Elkhorn, chair of the Finance Committee, leads an afternoon press conference to explain changes to how state aid is distributed to the state’s 244 public school districts. State Sen. Dave Murman of Glenvil, chair of the Education Committee, watches from right. Aug. 7, 2024. (Zach Wendling/Nebraska Examiner)

Instead of property taxes, the means of distributing the funds would be the existing state “equalization formula,” which is designed to provide more state investment to schools.

“If you don’t vote for it, you’re voting for a property tax increase,” said Senator Lou Ann Linehan of Elkhorn, chair of the Finance Committee, at a press conference on Wednesday. “That’s as clear as day.”

“More than enough money”

Linehan introduced Bill LB 1 on Pillen’s behalf, which ultimately did not contain any direct language that would change future tax jurisdiction to achieve the goals outlined by Pillen.

Instead, State Senator Jana Hughes of Seward introduced Bill LB 9, which would also reduce maximum school tax rates to 25 cents per $100 of value, but her bill proposed a gradual reduction in the tax rate over 10 years. She drafted the bipartisan proposal with four lawmakers: State Senators Tom Brandt of Plymouth, Danielle Conrad of Lincoln, Myron Dorn of Adams and Lynne Walz of Fremont.

However, Linehan is currently pushing through the Revenue Committee’s final amendment to LB 9. She told reporters that the 25-cent tax rate is the result of that bipartisan work and that she asked many school superintendents and senators last week what level of taxing authority they would be comfortable with.

State Senator Jana Hughes of Seward. Jan. 4, 2023. (Zach Wendling/Nebraska News Service)

Hughes and other state senators had said that some degree of tax sovereignty was necessary so that the districts were not completely dependent on the state treasury for funding.

The 244 school districts would save about $1 billion in operating expenses through property taxes. This does not include bonds or funds used for construction projects or other special purposes, for which the schools could still levy taxes.

“We will have more than enough money to do this and some other things for the districts,” Linehan said.

TEEOSA changes

Linehan said the committee will use LB 9 to significantly change the existing “equalization assistance” formula — the Tax Equity and Educational Opportunities Support Act (TEEOSA) of 1990, which is also intended to be used to reduce local property taxes.

TEEOSA assistance is determined by the difference between a district’s 18 “needs” and six “resources.”

“Needs” include number of students, poverty, and English as a second language. “Resources” include net enrollment, allocated income tax funds, and base funding per student.

Anger over Governor Jim Pillen’s initiative to increase property taxes spills over into the parliamentary debate

Another “resource” is based on potential property tax revenues, assuming a hypothetical tax rate of $1 for each school district. That’s the amount the state could collect based on its annual assessments if it had such a high tax rate.

The proposal would reduce this rate to 25 cents, thereby dramatically increasing state aid.

An estimated $501 million in equalization aid is expected for the coming school year. The change would increase that amount to $2.294 billion.

Under the current funding method, for the 2024-25 school year, 75% of school districts would likely receive no “equalizing aid” because their “resources” exceed their “needs.” All school districts receive state aid, mostly through “basic aid” – about $1,500 for each student in a district, established in 2023.

Hughes, who is not a member of the Finance Committee, declined to comment until the committee amendment to her bill is completed.

Reforms must be implemented carefully

Walz said one reason she liked the original LB 9 was because it was designed to be implemented in stages over a longer period of time. Every two years, lawmakers would have had to find additional revenue to further reduce school tax rates, starting at 65 cents per $100 of property value, then increasing by 10 cents every two years.

“We didn’t disrupt services. We didn’t disrupt people’s lives. We didn’t cause panic,” Walz said of the original plan. “It was a solid plan that could be paid for. We could find the money for it.”

State Senator Lynne Walz of Fremont. August 1, 2024. (Zach Wendling/Nebraska Examiner)

Walz, a former chair of the legislature’s education committee, said her constituents want property tax relief and so does she. But most of her constituents want any changes to be done thoughtfully.

LB 9 will be considered by the Revenue Committee for a final vote in a closed board meeting Thursday morning, which will be open to reporters but not to the public.

“I don’t want to see a reckless property tax relief that hurts Nebraskans, that hurts our education system, that takes away vital services from people,” Walz said. “We don’t have to do everything today.”

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