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LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
FIRST SPECIAL SESSION
LEGISLATIVE BILL 2
Introduced by Clements, 2; at the request of the Governor.
Read first time July 25, 2024
Committee: Appropriations
1 A BILL FOR AN ACT relating to appropriations; to amend Laws 2023, LB814,
2 sections 13, 14, 29, 30, 31, 33, 40, 66, 111, 112, 138, 147, 148,
3 150, 151, 152, 205, 207, 214, 218, 220, 227, 238, 239, 240, 251,
4 265, 266, 271, 272, 275, and 293; Laws 2024, LB1200A, section 2;
5 Laws 2024, LB1355A, section 7; and Laws 2024, LB1412, sections 57,
6 58, 59, 61, 69, 74, 75, 83, 86, 87, 89, 107, and 108; to define
7 terms; to provide, change, and eliminate appropriations for
8 operation of state government, postsecondary education, state aid,
9 and capital construction; to repeal the original sections; and to
10 declare an emergency.
11 Be it enacted by the people of the State of Nebraska,
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1 Section 1. DEFINITION OF APPROPRIATION PERIOD.
2 For purposes of this act and any other legislative bill passed by
3 the One Hundred Eighth Legislature, First Special Session, which
4 appropriates funds, FY2023-24 means the period July 1, 2023, through June
5 30, 2024; FY2024-25 means the period July 1, 2024, through June 30, 2025;
6 FY2025-26 means the period July 1, 2025, through June 30, 2026; and
7 FY2026-27 means the period July 1, 2026, through June 30, 2027.
8 Sec. 2. APPROPRIATION LANGUAGE.
9 There are hereby appropriated, for FY2023-24 and FY2024-25, the sums
10 set forth in this act to each agency for each program from the respective
11 funds for the general operations of state government, postsecondary
12 education, state aid, capital construction projects, land acquisition,
13 lease-purchase arrangements, and major equipment acquisition, except as
14 otherwise appropriated.
15 Sec. 3. UNEXPENDED BALANCES AND CERTIFIED ENCUMBRANCES.
16 All General Fund appropriations existing on June 30, 2023, in excess
17 of expended and certified encumbrance amounts are hereby lapsed unless
18 otherwise provided. All Cash Fund and Revolving Fund appropriations
19 existing on June 30, 2023, in excess of expended and certified
20 encumbrance amounts are hereby lapsed unless otherwise expressly
21 provided. All certified encumbrance amounts on June 30, 2023, and June
22 30, 2024, are hereby reappropriated for FY2023-24 and FY2024-25,
23 respectively, which amounts shall be in addition to the amounts shown in
24 this act.
25 Sec. 4. REAPPROPRIATION OF BALANCE, FY2023-24 to FY2024-25.
26 In addition to the appropriations set forth in this act, there are
27 hereby reappropriated all unexpended appropriation balances existing on
28 June 30, 2024, for FY2024-25, to the respective agencies, programs, and
29 funds listed in this act, except as otherwise provided in this act.
30 Sec. 5. There are hereby reappropriated for each agency, program,
31 and fund for FY2023-24 and FY2024-25, any appropriation by the One
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1 Hundred Seventh Legislature, First or Second Session, of the unexpended
2 and unencumbered appropriation balances of the Federal Funds allocated to
3 the State of Nebraska from the federal Coronavirus State Fiscal Recovery
4 Fund pursuant to the federal American Rescue Plan Act of 2021, 42 U.S.C.
5 802, as amended, unless otherwise indicated in this act and any other
6 legislative bill passed by the One Hundred Eighth Legislature, First or
7 Second Session. Such reappropriation shall retain any provided
8 limitations established by the appropriating legislative bill unless
9 otherwise indicated within this act and any other legislative bill passed
10 by the One Hundred Eighth Legislature, First or Second Session.
11 Sec. 6. NEBRASKA ACCOUNTING SYSTEM MANUAL DEFINITIONS.
12 The definitions contained in the Nebraska Accounting System Manual,
13 and any amendments thereto, on file with the Clerk of the Legislature,
14 are hereby adopted by the Legislature as the definitions for this act,
15 except as provided in section 7 of this act.
16 Sec. 7. LIMITATION ON SALARIES, WAGES, AND PER DIEMS.
17 (1) For purposes of this act, (a) SALARY LIMIT shall mean total
18 expenditures for permanent and temporary salaries and per diems and (b)
19 total expenditures for permanent and temporary salaries and per diems
20 shall mean all remuneration paid to employees treated as taxable
21 compensation by the Internal Revenue Service or subject to social
22 security coverage, specifically including payments accounted for as
23 vacation, holidays, sick leave, military leave, funeral leave, maternity
24 leave, administrative leave, compensatory time, deferred compensation, or
25 any other similar form, and amounts withheld pursuant to law, but
26 excluding state contributions for social security, retirement, and
27 employee insurance plans.
28 (2) Total expenditures for permanent and temporary salaries and per
29 diems shall be limited to the amount shown except when federal funds in
30 excess of the amount shown are available and approved by the Governor.
31 Expenditures for permanent and temporary salaries and per diems from such
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1 grants shall be in addition to the limitation on permanent and temporary
2 salaries and per diems otherwise shown in this act. No agency shall
3 request any state funds for continuation or replacement of any such
4 personnel or activities in future budget requests. To the extent
5 feasible, requests for increases in the limitation on permanent and
6 temporary salaries and per diems shall be addressed to the Appropriations
7 Committee of the Legislature when the Legislature is in session.
8 (3) Expenditures for permanent and temporary salaries resulting from
9 awards made to employees under sections 81-1346 to 81-1354 shall be in
10 addition to the limitations on permanent and temporary salaries and per
11 diems otherwise shown in this act.
12 (4) The limitation on expenditures for permanent and temporary
13 salaries and per diems for FY2024-25 as enumerated in this act shall be
14 the basis for continuation funding for each fiscal year of the succeeding
15 biennium.
16 (5) The limitation on expenditures for permanent and temporary
17 salaries and per diems for FY2023-24 shall be increased by certified
18 encumbrance amounts from FY2022-23 for permanent and temporary salaries
19 and per diems. The limitation on expenditures for permanent and temporary
20 salaries and per diems for FY2024-25 shall be increased by certified
21 encumbrance amounts from FY2023-24 for permanent and temporary salaries
22 and per diems. Encumbered amounts shall be calculated in accordance with
23 section 81-138.01.
24 (6) The limitation on expenditures for permanent and temporary
25 salaries and per diems shall only apply to remuneration paid to state
26 employees or per diem payments made to members of state boards or
27 commissions.
28 (7) The budget administrator of the budget division of the
29 Department of Administrative Services may administratively increase the
30 limitation on expenditures for permanent and temporary salaries and per
31 diems upon receipt of a request for such increase from the director of a
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1 state agency certifying the actual amount of the payment to a former
2 employee of such agency, or such employee's beneficiary upon the death of
3 the employee, of accumulated vacation and sick leave pursuant to section
4 81-1325 and the rules and regulations of the State Personnel System
5 governing such payments.
6 Sec. 8. DRAWING AND PAYING WARRANTS.
7 The Director of Administrative Services shall draw warrants upon the
8 proper fund in the state treasury for an amount not to exceed the
9 appropriations set forth in this act upon presentation of proper
10 documentation. The State Treasurer shall pay the warrants out of the
11 appropriate funds.
12 Sec. 9. Laws 2023, LB814, section 13, is amended to read:
13 Sec. 13. AGENCY NO. 3 — LEGISLATIVE COUNCIL
14 Program No. 122 - Legislative Services
15 FY2023-24 FY2024-25
16 GENERAL FUND 12,219,036 11,270,797
17 GENERAL FUND 12,219,036 13,020,797
18 CASH FUND 95,000 95,000
19 FEDERAL FUND est. 39,270 39,270
20 PROGRAM TOTAL 12,353,306 11,405,067
21 PROGRAM TOTAL 12,353,306 13,155,067
22 SALARY LIMIT 9,574,172 10,104,020
23 There is included in the appropriation to this program for FY2023-24
24 $75,000 Cash Funds and for FY2024-25 $75,000 Cash Funds from the Nebraska
25 Health Care Cash Fund for the purpose of ongoing health-related research
26 and public policy development by the Health and Human Services Committee
27 of the Legislature. Such funds may be used for, but shall not be limited
28 to, hiring temporary legal research assistance, consulting and research
29 contracts, reimbursement for necessary and appropriate expenses incurred
30 in connection with such research and policy development, and actual and
31 necessary travel reimbursement for task forces and committees established
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1 to conduct health policy work.
2 The unexpended General Fund appropriation balance existing on June
3 30, 2023, is hereby reappropriated. The unexpended General Fund
4 appropriation balance existing on June 30, 2024, less $3,500,000, is
5 hereby reappropriated.
6 Sec. 10. Laws 2023, LB814, section 14, is amended to read:
7 Sec. 14. AGENCY NO. 3 — LEGISLATIVE COUNCIL
8 Program No. 123 - Clerk of the Legislature
9 FY2023-24 FY2024-25
10 GENERAL FUND 5,321,607 4,914,128
11 GENERAL FUND 5,321,607 5,664,128
12 CASH FUND 86,938 90,434
13 PROGRAM TOTAL 5,408,545 5,004,562
14 PROGRAM TOTAL 5,408,545 5,754,562
15 SALARY LIMIT 4,199,192 4,529,374
16 The unexpended General Fund appropriation balance existing on June
17 30, 2023, is hereby reappropriated. The unexpended General Fund
18 appropriation balance existing on June 30, 2024, less $1,500,000, is
19 hereby reappropriated.
20 Sec. 11. Laws 2023, LB814, section 29, is amended to read:
21 Sec. 29. AGENCY NO. 7 — GOVERNOR
22 Program No. 18 - Governor's Policy Research Office
23 FY2023-24 FY2024-25
24 GENERAL FUND 741,547 741,547
25 PROGRAM TOTAL 741,547 741,547
26 SALARY LIMIT 616,457 616,457
27 The unexpended General Fund appropriation balance existing on June
28 30, 2023, is hereby reappropriated. The unexpended General Fund
29 appropriation balance existing on June 30, 2024, less $250,000, is hereby
30 reappropriated.
31 Sec. 12. Laws 2023, LB814, section 30, is amended to read:
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1 Sec. 30. AGENCY NO. 7 — GOVERNOR
2 Program No. 21 - Office of the Governor
3 FY2023-24 FY2024-25
4 GENERAL FUND 1,318,482 1,318,482
5 PROGRAM TOTAL 1,318,482 1,318,482
6 SALARY LIMIT 1,010,728 1,010,728
7 The unexpended General Fund appropriation balance existing on June
8 30, 2023, is hereby reappropriated. The unexpended General Fund
9 appropriation balance existing on June 30, 2024, less $500,000, is hereby
10 reappropriated.
11 Sec. 13. Laws 2023, LB814, section 31, is amended to read:
12 Sec. 31. AGENCY NO. 8 — LIEUTENANT GOVERNOR
13 Program No. 124 - Office of the Lieutenant Governor
14 FY2023-24 FY2024-25
15 GENERAL FUND 39,691 40,739
16 PROGRAM TOTAL 39,691 40,739
17 SALARY LIMIT 13,736 14,380
18 The unexpended General Fund appropriation balance existing on June
19 30, 2023, is hereby reappropriated. The unexpended General Fund
20 appropriation balance existing on June 30, 2024, less $25,000, is hereby
21 reappropriated.
22 Sec. 14. Laws 2023, LB814, section 33, is amended to read:
23 Sec. 33. AGENCY NO. 9 — SECRETARY OF STATE
24 Program No. 45 - Election Administration
25 FY2023-24 FY2024-25
26 GENERAL FUND 2,127,750 1,970,358
27 GENERAL FUND 2,127,750 2,220,358
28 CASH FUND 124,399 124,399
29 FEDERAL FUND est. 1,239,818 1,239,818
30 PROGRAM TOTAL 3,491,967 3,334,575
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1 PROGRAM TOTAL 3,491,967 3,584,575
2 SALARY LIMIT 754,575 790,328
3 The unexpended General Fund appropriation balance existing on June
4 30, 2024, less $250,000, is hereby reappropriated.
5 Sec. 15. Laws 2023, LB814, section 40, is amended to read:
6 Sec. 40. AGENCY NO. 12 — STATE TREASURER
7 Program No. 24 - State Disbursement Unit
8 FY2023-24 FY2024-25
9 GENERAL FUND 1,232,217 1,170,914
10 GENERAL FUND 1,232,217 1,270,914
11 CASH FUND 47,500 47,500
12 FEDERAL FUND est. 1,831,203 1,888,708
13 PROGRAM TOTAL 3,110,920 3,107,122
14 PROGRAM TOTAL 3,110,920 3,207,122
15 SALARY LIMIT 1,627,424 1,703,930
16 The unexpended General Fund appropriation balance existing on June
17 30, 2024, less $100,000, is hereby reappropriated.
18 Sec. 16. Laws 2023, LB814, section 66, is amended to read:
19 Sec. 66. AGENCY NO. 14 — PUBLIC SERVICE COMMISSION
20 Program No. 793 - Broadband Bridge
21 FY2023-24