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LEGISLATIVE BILL 2
Approved by the Governor August 20, 2024
Introduced by Clements, 2; at the request of the Governor.
A BILL FOR AN ACT relating to appropriations; to amend Laws 2023, LB814,
sections 13, 29, 30, 31, 40, 112, 138, 147, 148, 151, 152, 205, 207, 214,
220, 227, 238, 239, 240, 271, 275, and 293; Laws 2024, LB1200A, section 2;
and Laws 2024, LB1412, sections 57, 58, 59, 61, 86, 87, 89, and 107; to define terms; to provide, change, and eliminate appropriations for operation of state government, state aid, and capital construction; 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 Special 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, 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.
Sec. 5. 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 6 of this act.
Sec. 6. 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 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
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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. 7. 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. 8. Laws 2023, LB814, section 13, is amended to read:
Sec. 13. AGENCY NO. 3 — LEGISLATIVE COUNCIL
Program No. 122 - Legislative Services FY2023-24 FY2024-25
GENERAL FUND 12,219,036 13,020,797
CASH FUND 95,000 95,000
FEDERAL FUND est. 39,270 39,270
PROGRAM TOTAL 12,353,306 13,155,067
SALARY LIMIT 9,574,172 10,104,020
There is included in the appropriation to this program for FY2023-24
$75,000 Cash Funds and for FY2024-25 $75,000 Cash Funds from the Nebraska Health Care Cash Fund for the purpose of ongoing health-related research and public policy development by the Health and Human Services Committee of the Legislature. Such funds may be used for, but shall not be limited to, hiring temporary legal research assistance, consulting and research contracts,
reimbursement for necessary and appropriate expenses incurred in connection with such research and policy development, and actual and necessary travel reimbursement for task forces and committees established to conduct health policy work.
The unexpended General Fund appropriation balance existing on June 30,
2023, is hereby reappropriated. The unexpended General Fund appropriation balance existing on June 30, 2024, less $3,500,000, is hereby reappropriated.
Sec. 9. Laws 2023, LB814, section 29, is amended to read:
Sec. 29. AGENCY NO. 7 — GOVERNOR
Program No. 18 - Governor's Policy Research Office FY2023-24 FY2024-25
GENERAL FUND 741,547 741,547
PROGRAM TOTAL 741,547 741,547
SALARY LIMIT 616,457 616,457
The unexpended General Fund appropriation balance existing on June 30,
2023, is hereby reappropriated. The unexpended General Fund appropriation balance existing on June 30, 2024, less $250,000, is hereby reappropriated.
Sec. 10. Laws 2023, LB814, section 30, is amended to read:
Sec. 30. AGENCY NO. 7 — GOVERNOR
Program No. 21 - Office of the Governor FY2023-24 FY2024-25
GENERAL FUND 1,318,482 1,318,482
PROGRAM TOTAL 1,318,482 1,318,482
SALARY LIMIT 1,010,728 1,010,728
The unexpended General Fund appropriation balance existing on June 30,
2023, is hereby reappropriated. The unexpended General Fund appropriation balance existing on June 30, 2024, less $500,000, is hereby reappropriated.
Sec. 11. Laws 2023, LB814, section 31, is amended to read:
Sec. 31. AGENCY NO. 8 — LIEUTENANT GOVERNOR
Program No. 124 - Office of the Lieutenant Governor FY2023-24 FY2024-25
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GENERAL FUND 39,691 40,739
PROGRAM TOTAL 39,691 40,739
SALARY LIMIT 13,736 14,380
The unexpended General Fund appropriation balance existing on June 30,
2023, is hereby reappropriated. The unexpended General Fund appropriation balance existing on June 30, 2024, less $25,000, is hereby reappropriated.
Sec. 12. Laws 2023, LB814, section 40, is amended to read:
Sec. 40. AGENCY NO. 12 — STATE TREASURER
Program No. 24 - State Disbursement Unit FY2023-24 FY2024-25
GENERAL FUND 1,232,217 1,170,914
GENERAL FUND 1,232,217 1,270,914
CASH FUND 47,500 47,500
FEDERAL FUND est. 1,831,203 1,888,708
PROGRAM TOTAL 3,110,920 3,107,122
PROGRAM TOTAL 3,110,920 3,207,122
SALARY LIMIT 1,627,424 1,703,930
The unexpended General Fund appropriation balance existing on June 30,
2024, less $100,000, is hereby reappropriated.
Sec. 13. Laws 2023, LB814, section 112, is amended to read:
Sec. 112. AGENCY NO. 25 — DEPARTMENT OF HEALTH AND HUMAN SERVICES
Program No. 624 - Health Information Exchange FY2023-24 FY2024-25
GENERAL FUND 6,024,860 4,774,860
GENERAL FUND 6,024,860 6,024,860
FEDERAL FUND est. 9,957,274 9,957,274
PROGRAM TOTAL 15,982,134 14,732,134
PROGRAM TOTAL 15,982,134 15,982,134
The unexpended General Fund appropriation balance existing on June 30,
2024, less $1,250,000, is hereby reappropriated.
Sec. 14. Laws 2023, LB814, section 138, is amended to read:
Sec. 138. AGENCY NO. 31 — MILITARY DEPARTMENT
Program No. 545 - Emergency Management FY2023-24 FY2024-25
GENERAL FUND 1,435,715 1,297,886
GENERAL FUND 1,435,715 1,497,886
CASH FUND est. 614,965 634,634
FEDERAL FUND est. 3,819,457 3,943,884
PROGRAM TOTAL 5,870,137 5,876,404
PROGRAM TOTAL 5,870,137 6,076,404
SALARY LIMIT 2,441,178 2,552,859
Cash Fund expenditures shall not be limited to the amounts shown.
There is included in the appropriation to this program for FY2023-24
$1,570,604 Federal Funds estimate for state aid, which shall only be used for such purpose. There is included in the appropriation to this program for FY2024-25 $1,570,604 Federal Funds estimate for state aid, which shall only be
used for such purpose.
Sec. 15. Laws 2023, LB814, section 147, is amended to read:
Sec. 147. AGENCY NO. 33 — GAME AND PARKS COMMISSION
Program No. 336 - Wildlife Conservation FY2023-24 FY2024-25
GENERAL FUND 1,988,073 2,072,461
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CASH FUND 34,694,853 35,688,076
FEDERAL FUND est. 4,251,677 4,267,306
PROGRAM TOTAL 40,934,603 42,027,843
SALARY LIMIT 17,977,438 18,802,876
There is included in the appropriation to this program for FY2023-24
$585,000 Cash Funds for state aid, which shall only be used for such purpose.
There is included in the appropriation to this program for FY2024-25 $585,000
Cash Funds for state aid, which shall only be used for such purpose.
There is included in the appropriation to this program for FY2023-24
$5,000,000 Cash Funds for wildlife damage reimbursement, which shall only be
used for such purpose. There is included in the appropriation to this program for FY2024-25 $5,000,000 Cash Funds for wildlife damage reimbursement, which shall only be used for such purpose.
It is the intent of the Legislature that the Game and Parks Commission pay claims filed by a landowner in Nebraska for damage to property caused by deer,
antelope, or elk. The commission shall develop criteria and deadlines for the filing and approval of such claims. The total amount of approved claims filed for a calendar year shall be paid on a pro rata basis on February 1 of the following year.
The unexpended General Fund appropriation balance existing on June 30,
2024, less $200,000, is hereby reappropriated.
Sec. 16. Laws 2023, LB814, section 148, is amended to read:
Sec. 148. AGENCY NO. 33 — GAME AND PARKS COMMISSION
Program No. 337 - Administration FY2023-24 FY2024-25
GENERAL FUND 973,686 1,010,596
CASH FUND 6,914,404 7,099,847
PROGRAM TOTAL 7,888,090 8,110,443
SALARY LIMIT 3,467,845 3,630,602
The unexpended General Fund appropriation balance existing on June 30,
2024, less $90,000, is hereby reappropriated.
Sec. 17. Laws 2023, LB814, section 151, is amended to read:
Sec. 151. AGENCY NO. 33 — GAME AND PARKS COMMISSION
Program No. 550 - Planning and Trails Coordination FY2023-24 FY2024-25
GENERAL FUND 536,090 559,668
CASH FUND 1,364,781 1,410,921
FEDERAL FUND est. 111,172 111,172
PROGRAM TOTAL 2,012,043 2,081,761
SALARY LIMIT 1,134,918 1,188,450
It is the intent of the Legislature that the amount expended for the development and maintenance of boundary fences along the Cowboy Trail be
limited to $64,000 Cash Funds during each fiscal year.
The unexpended Cash Fund appropriation balance existing on June 30, 2023,
is hereby reappropriated, up to $8,300,000 to fund the MOPAC trail.
Any reappropriated amounts are hereby designated as state aid and shall only be used for such purpose.
The unexpended General Fund appropriation balance existing on June 30,
2024, less $50,000, is hereby reappropriated.
Sec. 18. Laws 2023, LB814, section 152, is amended to read:
Sec. 152. AGENCY NO. 33 — GAME AND PARKS COMMISSION
Program No. 617 - Engineering and Area Maintenance FY2023-24 FY2024-25
GENERAL FUND 1,793,271 1,856,948
CASH FUND 1,964,920 2,057,312
PROGRAM TOTAL 3,758,191 3,914,260
SALARY LIMIT 2,106,250 2,202,448
The unexpended General Fund appropriation balance existing on June 30,
2024, less $50,000, is hereby reappropriated.
Sec. 19. Laws 2023, LB814, section 205, is amended to read:
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Sec. 205. AGENCY NO. 54 — NEBRASKA STATE HISTORICAL SOCIETY
Program No. 648 - Nebraska State Historical Society FY2023-24 FY2024-25
GENERAL FUND 5,120,464 5,286,038
CASH FUND 2,838,400 2,934,012
FEDERAL FUND est. 914,626 940,921
PROGRAM TOTAL 8,873,490 9,160,971
SALARY LIMIT 4,880,549 5,108,247
The Department of Administrative Services shall monitor the appropriations and expenditures for this program according to the following program classifications:
No. 43 - Departmental Administration No. 258 - Library/A