AGO 97024.

• Court: Nebraska

Nebraska Attorney General Opinions 1997. AGO 97024. DATE: April 9, 1997SUBJECT: State Aid Bridge Fund Allan Abbott Director-State Engineer Nebraska Department of Roads You have requested our opinion as to whether the current method of applying the transfer of funds to the State Aid and Bridge Fund, which can be found at Neb. Rev. Stat. § 39-847.01 (1993), is consistent with the distribution of funds from the Highway Trust Fund and the Highway Allocation Fund as required by State statute and the intent of the Nebraska Legislature. The Highway Trust Fund was created by Neb. Rev. Stat. § 39-2215(1). Paragraphs (2) through (5) give direction to the State Treasurer on source of funds and disbursement thereof. Paragraph (6) is the important section for our discussion, which provides: Except as provided in subsection (7) of this section, the balance of the Highway Trust Fund shall be allocated fifty-three and one-third percent, less the amount provided for in section 39-847.01, to the Department of Roads, twenty-three and one-third percent, less the amount provided for in section 39-847.01, to the various counties for road purposes, and twenty-three and one-third percent to the various municipalities for street purposes .... Paragraph (6) of Neb. Rev. Stat. § 39-2215 (1993) sets forth the percentage distribution to State, county and municipalities with a provision that the State and counties' balance shall be reduced by the amount provided for under Neb. Rev. Stat. § 39-847.01, the State Aid Bridge Fund. That section provides: The State Treasurer shall transfer monthly thirty-two thousand dollars from the Department of Roads' share of the Highway Trust Fund and thirty-two thousand dollars from the counties' share of the Highway Trust Fund which is allocated to bridges to the State Aid Bridge Fund. The key phrase of the above statute is "from the counties' share of the Highway Trust Fund which is allocated to bridges."The "less the amount provided in § 39-847.01" provision of Neb. Rev. Stat. § 39-2215 activates the "from the counties' share of the Highway Trust Fund, which is allocated to bridges" provision of Neb. Rev. Stat. § 39-847.01. Examining the strict provisions of the State Aid Bridge Fund, Neb. Rev. Stat. § 39-847.01, we need to find that portion of the county share allocated to bridges in the Highway Trust Fund. The the...