Attorney General of Nebraska — Opinion
DATE: January 3, 1986
SUBJECT: Effect of LB 662 referendum on LB 54
REQUESTED BY: Senator Harold F. Sieck Nebraska State Legislature
WRITTEN BY: Robert M. Spire, Attorney General John Boehm, Assistant Attorney General
This is in response to your letter of December 11, 1985. In that letter you are concerned about the constitutionality of LB 54 in view of the current referendum concerning LB 662. You note that LB 54 would provide that property taxes will supply 50 per cent of the financing for public schools with your proposed income tax providing the remaining 50 per cent. This would, in effect, alter the provision of LB 662 which provides that “the Legislature hereby establishes that after fiscal year 1986-87, no more than forty-five per cent of the total operational costs of the public school system shall be derived from taxes on real property. . . .”
In our previous opinions on the subject of the referendum and LB 662, we have stated that “After the referendum has been invoked and until the voters have acted thereunder, the subject-matter of the referred bill is withdrawn from further consideration of the Legislature. It can neither amend nor repeal the act during that period.” See opinions No. 121, July 25, 1985, and No. 130, September 17, 1985. To the extent that LB 54 would amend LB 662 as indicated above, it would be in violation of the Constitution as an interference with the people’s constitutionally guaranteed right of referendum.
You have also asked whether the use of a state income tax to finance public education as provided in your bill, LB 54, would violate any state statutes. In view of our above response, we do not believe it is necessary to respond to this question at this time. In any event such a request is simply too broad for an appropriate response from this office. See our opinion No. 157, dated December 20, 1985. We would, however, be glad to respond to your “specific” concerns in this regard.
Sincerely,
ROBERT M. SPIRE Attorney General
John Boehm Assistant Attorney General