LB1412 LB1412
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LEGISLATIVE BILL 1412
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 appropriations; to amend Laws 2023, LB243A,
section 2; Laws 2023, LB583A, section 1; and Laws 2023, LB814, sections
21, 26, 52, 68, 71, 76, 78, 79, 83, 85, 87, 90, 91, 94, 95, 97, 98, 101,
102, 103, 104, 105, 113, 115, 118, 119, 120, 121, 122, 124, 130, 132, 133,
136, 165, 173, 198, 219, 221, 222, 223, 224, 225, 226, 228, 229, 230, 232,
235, 236, 241, 254, 255, 267, 268, 280, 285, 301, 302, 306, and 307; to define terms; to provide, change, and eliminate appropriations for operation of state government, postsecondary education, state aid, and capital construction; to provide, change, and eliminate appropriations of
funds allocated to the State of Nebraska from the federal American Rescue Plan Act of 2021, 42 U.S.C. 802, as amended; to repeal the original sections; and to declare an emergency.
Be it enacted by the people of the State of Nebraska,
Section 1. DEFINITION OF APPROPRIATION PERIOD.
For purposes of this act and any other legislative bill passed by the One Hundred Eighth Legislature, First or Second Session, which appropriates funds,
FY2023-24 means the period July 1, 2023, through June 30, 2024; FY2024-25 means the period July 1, 2024, through June 30, 2025; FY2025-26 means the period July
1, 2025, through June 30, 2026; and FY2026-27 means the period July 1, 2026,
through June 30, 2027.
Sec. 2. APPROPRIATION LANGUAGE.
There are hereby appropriated, for FY2023-24 and FY2024-25, the sums set forth in this act to each agency for each program from the respective funds for the general operations of state government, postsecondary education, state aid,
capital construction projects, land acquisition, lease-purchase arrangements,
and major equipment acquisition, except as otherwise appropriated.
Sec. 3. UNEXPENDED BALANCES AND CERTIFIED ENCUMBRANCES.
All General Fund appropriations existing on June 30, 2023, in excess of
expended and certified encumbrance amounts are hereby lapsed unless otherwise provided. All Cash Fund and Revolving Fund appropriations existing on June 30,
2023, in excess of expended and certified encumbrance amounts are hereby lapsed unless otherwise expressly provided. All certified encumbrance amounts on June
30, 2023, and June 30, 2024, are hereby reappropriated for FY2023-24 and FY2024-25, respectively, which amounts shall be in addition to the amounts shown in this act.
Sec. 4. REAPPROPRIATION OF BALANCE, FY2023-24 to FY2024-25.
In addition to the appropriations set forth in this act, there are hereby reappropriated all unexpended appropriation balances existing on June 30, 2024,
for FY2024-25, to the respective agencies, programs, and funds listed in this act, except as otherwise provided in this act.
Sec. 5. There are hereby reappropriated for each agency, program, and fund for FY2023-24 and FY2024-25, any appropriation by the One Hundred Seventh Legislature, First or Second Session, of the unexpended and unencumbered appropriation balances of the Federal Funds allocated to the State of Nebraska from the federal Coronavirus State Fiscal Recovery Fund pursuant to the federal American Rescue Plan Act of 2021, 42 U.S.C. 802, as amended, unless otherwise indicated in this act and any other legislative bill passed by the One Hundred Eighth Legislature, First or Second Session. Such reappropriation shall retain any provided limitations established by the appropriating legislative bill unless otherwise indicated within this act and any other legislative bill passed by the One Hundred Eighth Legislature, First or Second Session.
Sec. 6. NEBRASKA ACCOUNTING SYSTEM MANUAL DEFINITIONS.
The definitions contained in the Nebraska Accounting System Manual, and any amendments thereto, on file with the Clerk of the Legislature, are hereby adopted by the Legislature as the definitions for this act, except as provided in section 7 of this act.
Sec. 7. LIMITATION ON SALARIES, WAGES, AND PER DIEMS.
(1) For purposes of this act, (a) SALARY LIMIT shall mean total expenditures for permanent and temporary salaries and per diems and (b) total expenditures for permanent and temporary salaries and per diems shall mean all remuneration paid to employees treated as taxable compensation by the Internal Revenue Service or subject to social security coverage, specifically including payments accounted for as vacation, holidays, sick leave, military leave,
funeral leave, maternity leave, administrative leave, compensatory time,
deferred compensation, or any other similar form, and amounts withheld pursuant to law, but excluding state contributions for social security, retirement, and employee insurance plans.
(2) Total expenditures for permanent and temporary salaries and per diems shall be limited to the amount shown except when federal funds in excess of the amount shown are available and approved by the Governor. Expenditures for permanent and temporary salaries and per diems from such grants shall be in addition to the limitation on permanent and temporary salaries and per diems
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otherwise shown in this act. No agency shall request any state funds for continuation or replacement of any such personnel or activities in future budget requests. To the extent feasible, requests for increases in the limitation on permanent and temporary salaries and per diems shall be addressed to the Appropriations Committee of the Legislature when the Legislature is in session.
(3) Expenditures for permanent and temporary salaries resulting from awards made to employees under sections 81-1346 to 81-1354 shall be in addition to the limitations on permanent and temporary salaries and per diems otherwise shown in this act.
(4) The limitation on expenditures for permanent and temporary salaries and per diems for FY2024-25 as enumerated in this act shall be the basis for continuation funding for each fiscal year of the succeeding biennium.
(5) The limitation on expenditures for permanent and temporary salaries and per diems for FY2023-24 shall be increased by certified encumbrance amounts from FY2022-23 for permanent and temporary salaries and per diems. The limitation on expenditures for permanent and temporary salaries and per diems for FY2024-25 shall be increased by certified encumbrance amounts from FY2023-24 for permanent and temporary salaries and per diems. Encumbered amounts shall be calculated in accordance with section 81-138.01.
(6) The limitation on expenditures for permanent and temporary salaries and per diems shall only apply to remuneration paid to state employees or per diem payments made to members of state boards or commissions.
(7) The budget administrator of the budget division of the Department of
Administrative Services may administratively increase the limitation on
expenditures for permanent and temporary salaries and per diems upon receipt of
a request for such increase from the director of a state agency certifying the actual amount of the payment to a former employee of such agency, or such employee's beneficiary upon the death of the employee, of accumulated vacation and sick leave pursuant to section 81-1325 and the rules and regulations of the State Personnel System governing such payments.
Sec. 8. DRAWING AND PAYING WARRANTS.
The Director of Administrative Services shall draw warrants upon the proper fund in the state treasury for an amount not to exceed the appropriations set forth in this act upon presentation of proper documentation.
The State Treasurer shall pay the warrants out of the appropriate funds.
Sec. 9. AGENCY NO. 5 — SUPREME COURT
Program No. 434 - Office of Public Guardian FY2023-24 FY2024-25
CASH FUND est. 18,000 18,000
PROGRAM TOTAL 18,000 18,000
Sec. 10. AGENCY NO. 11 — ATTORNEY GENERAL
Program No. 290 - State Settlement Funds FY2023-24 FY2024-25
CASH FUND 2,250,000 2,250,000
PROGRAM TOTAL 2,250,000 2,250,000
SALARY LIMIT 750,000 750,000
Sec. 11. AGENCY NO. 13 — STATE DEPARTMENT OF EDUCATION
Program No. 25 - Education, Administration, and Support FY2023-24 FY2024-25
GENERAL FUND 221,738 462,568
CASH FUND 360,762 357,957
FEDERAL FUND est. 187,119 2,500,388
PROGRAM TOTAL 769,619 3,320,913
SALARY LIMIT 500,759 1,255,446
There is included in the amount shown for this program for FY2023-24
$306,960 Cash Funds to be used for administrative purposes for the state aid provided in Laws 2023, LB583A, section 1, for career and technical education.
There is included in the amount shown for this program for FY2024-25 $306,960
Cash Funds to be used for administrative purposes for the state aid provided in
Laws 2023, LB583A, section 1, for career and technical education.
There is included in the amount shown for this program for FY2023-24
$50,000 Cash Funds to be used for administrative purposes for the additional state aid provided in Laws 2023, LB583A, section 1, for career education student organizations. There is included in the amount shown for this program for FY2024-25 $50,000 Cash Funds to be used for administrative purposes for the additional state aid provided in Laws 2023, LB583A, section 1, for career education student organizations.
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Sec. 12. AGENCY NO. 13 — STATE DEPARTMENT OF EDUCATION
Program No. 161 - Education Innovation FY2023-24 FY2024-25
CASH FUND 3,377 3,638
PROGRAM TOTAL 3,377 3,638
SALARY LIMIT 2,136 2,230
Sec. 13. AGENCY NO. 13 — STATE DEPARTMENT OF EDUCATION
Program No. 352 - Disability Determination FY2023-24 FY2024-25
FEDERAL FUND est. 106,425 105,373
PROGRAM TOTAL 106,425 105,373
SALARY LIMIT 79,860 77,337
Sec. 14. AGENCY NO. 13 — STATE DEPARTMENT OF EDUCATION
Program No. 401 - Services for the Deaf and Hard of Hearing FY2023-24 FY2024-25
GENERAL FUND 803 893
PROGRAM TOTAL 803 893
SALARY LIMIT 716 749
Sec. 15. AGENCY NO. 13 — STATE DEPARTMENT OF EDUCATION
Program No. 402 - Nebraska Center for the Education of Children who are Blind or Visually Impaired FY2023-24 FY2024-25
GENERAL FUND 166,980 167,049
PROGRAM TOTAL 166,980 167,049
SALARY LIMIT 242 255
Sec. 16. AGENCY NO. 13 — STATE DEPARTMENT OF EDUCATION
Program No. 614 - Professional Practices Commission FY2023-24 FY2024-25
CASH FUND 1,951 2,107
PROGRAM TOTAL 1,951 2,107
SALARY LIMIT 1,052 1,080
Sec. 17. AGENCY NO. 14 — PUBLIC SERVICE COMMISSION
Program No. 54 - Enforcement of Standards - Common Carriers FY2023-24 FY2024-25
GENERAL FUND 50,149 127,613
PROGRAM TOTAL 50,149 127,613
SALARY LIMIT 5,833 73,500
Sec. 18. AGENCY NO. 14 — PUBLIC SERVICE COMMISSION
Program No. 793 - Broadband Bridge No unexpended reappropriation balances of the Federal Funds allocated to
the State of Nebraska from the federal Coronavirus State Fiscal Recovery Fund pursuant to the federal American Rescue Plan Act of 2021, 42 U.S.C. 802, as amended, are hereby reappropriated.
No Federal Funds appropriated to this program are from the funds allocated to the State of Nebraska from the federal Coronavirus State Fiscal Recovery Fund pursuant to the federal American Rescue Plan Act of 2021, 42 U.S.C. 802,
as amended.
Sec. 19. AGENCY NO. 16 — DEPARTMENT OF REVENUE
Program No. 108 - Homestead Exemption FY2023-24 FY2024-25
GENERAL FUND 14,700,000 15,400,000
PROGRAM TOTAL 14,700,000 15,400,000
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There is included in the appropriation to this program for FY2023-24
$14,700,000 General Funds for state aid, which shall only be used for such purpose. There is included in the appropriation to this program for FY2024-25
$15,400,000 General Funds for state aid, which shall only be used for such purpose.
Sec. 20. AGENCY NO. 19 — DEPARTMENT OF BANKING AND FINANCE
Program No. 65 - Enforcement of Standards - Financial Institutions FY2023-24 FY2024-25
CASH FUND -0- 766,670
PROGRAM TOTAL -0- 766,670
SALARY LIMIT -0- 687,181
Sec. 21. AGENCY NO. 24 — DEPARTMENT OF MOTOR VEHICLES
Program No. 90 - Motor Vehicle License Plates FY2023-24 FY2024-25
CASH FUND est. 1,562,626 411,538
PROGRAM TOTAL 1,562,626 411,538
Sec. 22. AGENCY NO. 25 — DEPARTMENT OF HEALTH AND HUMAN SERVICES
Program No. 176 - Nursing Incentives The unexpended reappropriation balance of the federal Coronavirus State Fiscal Recovery Fund pursuant to the federal American Rescue Plan Act of 2021,
42 U.S.C. 802, as amended, existing on June 30, 2023, is hereby reappropriated for scholarships to students (1) residing in Nebraska, (2) intending to enroll or enrolled in a nursing program that (a) is approved pursuant to sections
38-2232 to 38-2236, (b) is offered by a public or private postsecondary institution in Nebraska, and (c) consists of courses of instruction in
regularly scheduled classes leading only to an associate degree, diploma, or bachelor of science in nursing degree, (3) intending to practice as a licensed practical nurse or licensed registered nurse upon completion of the approved nursing program, and (4) agreeing in writing to work for two years in this state as a licensed practical nurse or licensed registered nurse upon completion of the approved nursing program. Each qualifying student shall receive a scholarship of up to $5,000 per semester or $3,500 per quarter.
Sec. 23. AGENCY NO. 25 — DEPARTMENT OF HEALTH AND HUMAN SERVICES
Program No. 354 - Child Welfare Aid FY2023-24 FY2024-25
GENERAL FUND 20,000,000 -0-
PROGRAM TOTAL 20,000,000 -0-
There is included in the appropriation to this program for FY2023-24
$20,000,000 General Funds for state aid, which shall only be used for such purpose.
Sec. 24. AGENCY NO. 25 — DEPARTMENT OF HEALTH AND HUMAN SERVICES
Program No. 514 - Health Aid FY2023-24 FY2024-25
CASH FUND 1,400,000 4,900,000
FEDERAL FUND 8,499,657 -0-
PROGRAM TOTAL 9,899,657 4,900,000
There is included in the appropriation to this program for FY2023-24
$1,400,000 Cash Funds and $8,499,657 Federal Funds for state aid, which shall only be used for such purpose. There is included in the appropriation to this program for FY2024-25 $4,900,000 Cash Funds for state aid, which shall only be
used for such purpose.
There is included in the amount shown as aid for this program for FY2023-24 $900,000 Cash Funds from the Medicaid Managed Care Excess Profit Fund for evidence-based early intervention home visitation programs. There is
included in the amount shown as aid for this program for FY2024-25 $900,000
Cash Funds from the Medicaid Managed Care Excess Profit Fund for evidence-based early intervention home visitation programs.
There is included in the amount shown as aid for this program for FY2023-24 $500,000 Cash Funds from the Medicaid Managed Care Excess Profit Fund for evidence-based early intervention nurse home visitation programs. There is
included in the amount shown as aid for this program for FY2024-25 $500,000
Cash Funds from the Medicaid Managed Care Excess Profit Fund for evidence-based early intervention nurse home visitation programs.
There is included in the amount shown as aid for this program for FY2023-24 $5,000,000 Federal Funds and for FY2024-25 $3,000,000 Cash Funds from the Health and Human Services Cash Fund for a grant program for heating,
ventilation, and air conditioning system repair or restoration which shall be
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awarded to a rehabilitation hospital with the capacity to provide interdisciplinary research. The Federal Funds appropriated in this section are from the funds allocated to the State of Nebraska from the federal Coronavirus State Fiscal Recovery Fund pursuant to the federal American Rescue Plan Act of