Bill Summary – FastDemocracy

LB1413                                                                   LB1413
2024                                                                       2024
                    LEGISLATIVE BILL 1413
                    Approved by the Governor April 1, 2024
Introduced by Speaker Arch, 14; at the request of the Governor.
A BILL FOR AN ACT relating to funds; to amend sections 2-1507, 45-930, 48-621,
     48-622.01, 58-703, and 59-1608.04, Reissue Revised Statutes of Nebraska,
     sections 55-901, 61-405, 68-996, 71-812, 79-810, 81-1201.21, 81-12,146,
     and 81-12,157, Revised Statutes Cumulative Supplement, 2022, and sections
     37-1804,   48-622.02,  71-5328,   71-7611,  72-819,   79-1054,  81-12,147,
     81-12,221, 81-12,222, 81-12,243, 84-612, and 86-324, Revised Statutes Supplement, 2023; to define and redefine terms; to provide for, change,
     and eliminate fund transfers; to create, rename, and change the use of
     certain funds; to provide powers for the Auditor of Public Accounts; to change provisions of the Shovel-Ready Capital Recovery and Investment Act and the Business Innovation Act relating to requests for grants; to change provisions relating to a museum and visitor center honoring Chief Standing Bear; to require prioritization of certain grant applications under the Water Sustainability Fund; to eliminate obsolete provisions; to harmonize provisions; to repeal the original sections; and to declare an emergency.
Be it enacted by the people of the State of Nebraska,
     Section 1.     The State Treasurer shall transfer $7,000,000 from the Department of Education Innovative Grant Fund to the Education Future Fund on
or before June 30, 2024, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services.
     Sec. 2. The State Treasurer shall transfer $5,000,000 from the Department of Education Innovative Grant Fund to the Education Future Fund on or before June 30, 2025, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services.
     Sec. 3. The State Treasurer shall transfer $500,000 from the Professional Practices Commission Fund to the Education Future Fund on or before June 30,
2024, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services.
     Sec. 4.   The State Treasurer shall transfer $3,000,000 from the Records Management Cash Fund to the General Fund on or before June 30, 2024, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services.
     Sec. 5. The State Treasurer shall transfer $2,500,000 from the Employment Security Special Contingent Fund to the General Fund on or before June 30,
2024, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services.
     Sec. 6. The State Treasurer shall transfer $2,500,000 from the Employment Security Special Contingent Fund to the General Fund on or before June 30,
2025, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services.
     Sec. 7.      The State Treasurer shall transfer $12,500,000 from the Affordable Housing Trust Fund to the Rural Workforce Housing Investment Fund on
or before June 30, 2025, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services.
     Sec. 8.     The State Treasurer shall transfer $12,500,000 from the Affordable Housing Trust Fund to the Middle Income Workforce Housing Investment Fund on or before June 30, 2025, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of
Administrative Services.
     Sec. 9. The State Treasurer shall transfer $4,000,000 from the Civic and Community Center Financing Fund to the General Fund on or before June 30, 2025,
on such dates and in such amounts as directed by the budget administrator of
the budget division of the Department of Administrative Services.
     Sec. 10.    The State Treasurer shall transfer the remaining unexpended balance of the Job Training Cash Fund to the General Fund on or before June 30,
2025, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services.
     Sec. 11. The State Treasurer shall transfer $9,000,000 from the Site and Building Development Fund to the General Fund on or before June 30, 2025, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services.
     Sec. 12.      The State Treasurer shall transfer $1,166,542 from the Department of Motor Vehicles Cash Fund to the General Fund on or before June
30, 2024, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services.
     Sec. 13. The State Treasurer shall transfer $526,716 from the Department of Motor Vehicles Cash Fund to the General Fund on or before June 30, 2025, on such dates and in such amounts as directed by the budget administrator of the
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LB1413                                                                   LB1413
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budget division of the Department of Administrative Services.
     Sec. 14.   The State Treasurer shall transfer $6,500,000 from the Water Recreation Enhancement Fund to the General Fund on or before June 30, 2024, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services.
     Sec. 15.     The State Treasurer shall transfer $4,000,000 from the Department of Revenue Enforcement Fund to the General Fund on or before June
30, 2024, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services.
     Sec. 16.     The State Treasurer shall transfer $1,000,000 from the Department of Revenue Enforcement Fund to the General Fund on or before June
30, 2025, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services.
     Sec. 17.     The State Treasurer shall transfer $7,000,000 from the Charitable Gaming Operations Fund to the General Fund on or before June 30,
2024, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services.
     Sec. 18.     The State Treasurer shall transfer $1,500,000 from the Charitable Gaming Operations Fund to the General Fund on or before June 30,
2025, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services.
     Sec. 19.     The State Treasurer shall transfer $7,000,000 from the Professional and Occupational Credentialing Cash Fund to the General Fund on or before June 30, 2024, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services.
     Sec. 20.     The State Treasurer shall transfer $11,000,000 from the Behavioral Health Services Fund to the General Fund on or before June 30, 2024,
on such dates and in such amounts as directed by the budget administrator of
the budget division of the Department of Administrative Services.
     Sec. 21.     The State Treasurer shall transfer $2,000,000 from the Behavioral Health Services Fund to the General Fund on or before June 30, 2025,
on such dates and in such amounts as directed by the budget administrator of
the budget division of the Department of Administrative Services.
     Sec. 22. The State Treasurer shall transfer $14,750,000 from the Health and Human Services Cash Fund to the General Fund on or before June 30, 2024, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services.
     Sec. 23.   The State Treasurer shall transfer $1,750,000 from the Health and Human Services Cash Fund to the General Fund on or before June 30, 2025, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services.
     Sec. 24.     The State Treasurer shall transfer $1,000,000 from the Contractor and Professional Employer Organization Registration Cash Fund to the General Fund on or before June 30, 2024, on such dates and in such amounts as
directed by the budget administrator of the budget division of the Department of Administrative Services.
     Sec. 25. The State Treasurer shall transfer $1,000,000 from the Nebraska Training and Support Cash Fund to the General Fund on or before June 30, 2024,
on such dates and in such amounts as directed by the budget administrator of
the budget division of the Department of Administrative Services.
     Sec. 26.   The State Treasurer shall transfer $30,000,000 from the State Unemployment Insurance Trust Fund to the General Fund on or before June 30,
2024, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services.
     Sec. 27.   The State Treasurer shall transfer $40,000,000 from the State Unemployment Insurance Trust Fund to the Workforce Development Program Cash Fund on or before June 30, 2024, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of
Administrative Services.
     Sec. 28.    The State Treasurer shall transfer $500,000 from the State Settlement Cash Fund to the Financial Literacy Cash Fund on or after July 1,
2024, but before July 31, 2024, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of
Administrative Services.
     Sec. 29. The State Treasurer shall transfer $50,000,000 from the Jobs and Economic Development Initiative Fund to the Roads Operations Cash Fund on or before June 30, 2024, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services.
     Sec. 30. The Commission on African American Affairs Cash Fund is hereby created. The fund shall be administered by the Commission on African American Affairs. The fund shall consist of money from contracts, fees, gifts, grants,
or bequests from nonfederal sources received by the state and any investment income earned on the fund. The fund may be used to support the commission's operations pursuant to sections 81-2601 to 81-2607. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
     Sec. 31. The Museum Construction and Maintenance Fund is hereby created.
The fund shall consist of transfers at the direction of the Legislature and any
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gifts, bequests, or other contributions to such fund from public or private entities. The Game and Parks Commission shall administer the fund. The fund shall be used to provide grants to a federally recognized Indian tribe for the purposes of construction of a museum and visitor center honoring Chief Standing Bear, including visitor center development, exhibit fabrication, and historical interpretation, and for any administrative costs related to the grants. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. Investment earnings shall be credited to
the fund.
     Sec. 32. The Workforce Development Program Cash Fund is hereby created.
The fund shall consist of transfers authorized by the Legislature. The Department of Labor shall administer the fund to provide workforce development grants. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
     Sec. 33. Section 2-1507, Reissue Revised Statutes of Nebraska, is amended to read:
     2-1507 (1) It is the intent of the Legislature that the Water Sustainability Fund be equitably distributed statewide to the greatest extent possible for the long term and give priority funding status to projects which are the result of federal mandates.
     (2) Distributions to assist municipalities with the cost of constructing,
upgrading, developing, and replacing sewer infrastructure facilities as part of
a combined sewer overflow project shall be based on a demonstration of need and shall equal ten percent of the total annual appropriation to the Water Sustainability Fund if (a) applicants have applied for such funding as required under section 2-1509 and (b) any such application has been recommended for further consideration by the director and is subsequently approved for allocation by the commission pursuant to subsection (1) of section 2-1511. If more than one municipality demonstrates a need for funds pursuant to this subsection, funds shall be distributed proportionally based on population.
     (3) Any money in the Water Sustainability Fund may be allocated by the commission to applicants in accordance with sections 2-1506 to 2-1513. Such money may be allocated in the form of grants or loans for water sustainability programs, projects, or activities undertaken within the state. The allocation of funds to a program, project, or activity in one form shall not of itself preclude additional allocations in the same or any other form to the same program, project, or activity. The commission shall, when ranking and scoring applications for funding, prioritize projects for drinking water improvements for any federally recognized Indian tribe whose drinking water is under a no-
drink order from the United States Environmental Protection Agency.
     (4) When the commission has approved an allocation of funds to a program,
project, or activity, the Department of Natural Resources shall establish a subaccount in the Water Sustainability Fund and credit the entire amount of the allocation to the subaccount. Individual subaccounts shall be established for each program, project, or activity approved by the commission. The commission may approve a partial allocation to a program, project, or activity based upon available unallocated funds in the Water Sustainability Fund, but the amount of
unfunded allocations shall not exceed eleven million dollars. Additional allocations to a program, project, or activity shall be credited to the same subaccount as the original allocation. Subaccounts shall not be subject to
transfer out of the Water Sustainability Fund, except that the commission may authorize the transfer of excess or unused funds from a subaccount and into the unreserved balance of the fund.
     (5) A natural resources district is eligible for funding from the Water Sustainability Fund only if the district has adopted or is currently participating in the development of an integrated management plan pursuant to
subdivision (1)(a) or (b) of section 46-715.
     (6) The commission shall utilize the resources and expertise of and collaborate with the Department of Natural Resources, the University of
Nebraska, the Department of Environment and Energy, the Nebraska Environmental Trust Board, and the Game and Parks Commission on funding and planning for water programs, projects, or activities.
     (7) A biennial report shall be made to the Clerk of the Legislature describing the work accomplished by the use of funds towards the goals of the Water Sustainability Fund beginning on December 31, 2015. The report submitted to the Clerk of the Legislature shall be submitted electronically.
     Sec. 34. Section 37-1804, Revised Statutes Supplement, 2023, is amended to
read:
     37-1804 (1) The Water Recreation Enhancement Fund is created. The fund shall be administered by the Game and Parks Commission. The State Treasurer shall credit to the fund any money transferred to the fund by the Legislature and such donations, gifts, bequests, or other money received from any federal or state agency or public or private source. Except as otherwise provided in
subsections (2) and (3) of this section, the fund shall be used for water and recreational projects pursuant to the Water Recreation Enhancement Act.
Transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in the Water Recreation Enhancement Fund fund available for investment shall be invested by the state investment officer pursuant to
the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Any investment earnings from investment of money in the fund shall be credited to the fund.
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     (2) For any amount credited to the fund from a source other than a transfer authorized by the Legislature, the State Treasurer shall transfer an
equal amount from the Water Recreation Enhancement Fund to the Jobs and Economic Development Initiative Fund at the end of the fiscal year in which such funds were credited, on such dates as directed by the budget administrator of the budget division of the Department of Administrative Services to be used pursuant to section 61-405.
     (3) Transfers may be made from the investment earnings in the Water Recreation Enhancement Fund to the Panhandle Improvement Project Cash Fund at
the direction of the Legislature. The State Treasurer shall transfer one million dollars on July 1, 2023, or as soon thereafter as administratively possible, from the Water Recreation Enhancement Fund to the Panhandle Improvement Project Cash Fund.
     Sec. 35. Section 45-930, Reissue Revised Statutes of Nebraska, is amended to read:
     45-930 The Financial Literacy Cash Fund is created. The fund shall consist of amounts Amounts credited to the fund from shall include that portion of each renewal fee as provided in section 45-927, and such other revenue as is incidental to administration of the fund, and transfers authorized by the Legislature. The fund shall be administered by the University of Nebraska. The fund and shall be used to provide assistance to nonprofit entities that offer financial literacy programs to students in grades kindergarten through twelve and to provide assistance for the tenant assistance project administered by the