LB814 LB814
2023 2023
LEGISLATIVE BILL 814
Approved by the Governor May 24, 2023, with line-item vetoes overridden May 31,
2023. Figures have been changed to reflect vetoes not overridden.
Introduced by Arch, 14; at the request of the Governor.
A BILL FOR AN ACT relating to appropriations; to state intent; to define terms;
to make appropriations for the expenses of Nebraska State Government for the biennium ending June 30, 2025; to appropriate 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; to transfer funds; to provide duties; to provide an operative date; 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,
FY2022-23 means the period July 1, 2022, through June 30, 2023; 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. 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. 4. 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. 5. CERTIFIED ENCUMBRANCES.
All certified encumbrance amounts on June 30, 2023, and June 30, 2024, not otherwise reappropriated pursuant to this act, are hereby appropriated for FY2023-24 and FY2024-25, respectively, which amounts shall be in addition to
the amounts shown in this act.
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 sections 9, 309, and 310 of this act.
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. BUDGET STATUS REPORTS.
All state agencies, boards, and commissions shall promptly establish their detailed Budget Status Reports at the budget subprogram level in the Nebraska Accounting System and adjust them as necessary during each fiscal year to
reflect the most current appropriations shown on the Allotment Status Report.
Sec. 9. It is the intent of the Legislature that state agencies may, at their discretion, utilize employee furloughs as a short-term means of
addressing budgetary shortfalls. Furlough is defined as placing an employee in
a temporary, nonduty, nonpay status because of the lack of funds. An intermittent furlough is a furlough action in which the nonduty, nonpay status occurs discontinuously over a period of time rather than consecutively. It is
further intended that furloughs shall not adversely affect the employee and employer health insurance premium contributions and service anniversary date,
nor shall leave earnings be prorated as a result of the furlough.
Sec. 10. It is the intent of the Legislature that the appropriations for capital facilities follow an orderly and reasonable process based upon defined and documented need and an analysis of the utilization of existing facilities.
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The biennial appropriations contained in this act covering FY2023-24 and FY2024-25, which have been designated for planning, require from the agency a complete program statement prepared in accordance with the Procedural Manual for Capital Construction Projects as approved by the state building division of
the Department of Administrative Services. Projects directly related to program continuation such as fire and life safety, maintenance, utility improvements,
handicapped access, and master planning require a statement of needs prepared in accordance with the manual. An appropriation for drawings and construction may be recommended only after submission of an acceptable program statement or
statement of needs on or before September 15 to the state building division,
the budget division of the Department of Administrative Services, and the Legislative Fiscal Analyst.
Program statements that have been submitted prior to FY2023-24 shall be
updated if necessary and resubmitted during the period July 1, 2023, to September 1, 2023. Program statements that have been submitted prior to
FY2024-25 shall be updated if necessary and resubmitted during the period July
1, 2024, to September 1, 2024, by agency priority. Such priority shall be
subject to final modification by the governing authority of each agency on or before September 15, 2024.
Sec. 11. It is the intent of the Legislature that agencies should construct or renovate facilities in such a manner as to provide the greatest cost-effective energy savings possible. Design criteria emphasizing efficiency,
functionality, and energy conservation shall be reflected in program statements, schematic design documents, design development documents, and construction documents. The state building division of the Department of
Administrative Services and the Department of Environment and Energy shall provide technical assistance to the state agencies, upon request, to assist them in providing for energy-efficient new or renovated facilities.
Sec. 12. AGENCY NO. 3 — LEGISLATIVE COUNCIL
The Department of Administrative Services shall monitor the appropriations and expenditures for this agency for FY2023-24 and FY2024-25 according to the following program classifications:
No. 122 - Legislative Services No. 123 - Clerk of the Legislature No. 126 - Legislative Research No. 127 - Revisor of Statutes No. 129 - Legislative Audit No. 501 - Intergovernmental Cooperation No. 504 - Office of Public Counsel No. 638 - Fiscal and Program Analysis The budget administrator of the budget division of the Department of
Administrative Services shall have the authority to transfer appropriations and salary limits among the program classifications listed in this section as
directed by the Executive Board of the Legislative Council.
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.
Sec. 14. AGENCY NO. 3 — LEGISLATIVE COUNCIL
Program No. 123 - Clerk of the Legislature FY2023-24 FY2024-25
GENERAL FUND 5,321,607 5,664,128
CASH FUND 86,938 90,434
PROGRAM TOTAL 5,408,545 5,754,562
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SALARY LIMIT 4,199,192 4,529,374
The unexpended General Fund appropriation balance existing on June 30,
2023, is hereby reappropriated.
Sec. 15. AGENCY NO. 3 — LEGISLATIVE COUNCIL
Program No. 126 - Legislative Research FY2023-24 FY2024-25
GENERAL FUND 891,424 924,004
PROGRAM TOTAL 891,424 924,004
SALARY LIMIT 762,904 799,263
The unexpended General Fund appropriation balance existing on June 30,
2023, is hereby reappropriated.
Sec. 16. AGENCY NO. 3 — LEGISLATIVE COUNCIL
Program No. 127 - Revisor of Statutes FY2023-24 FY2024-25
GENERAL FUND 1,794,728 1,885,954
CASH FUND 100,000 100,000
PROGRAM TOTAL 1,894,728 1,985,954
SALARY LIMIT 1,481,423 1,553,952
The unexpended General Fund appropriation balance existing on June 30,
2023, is hereby reappropriated.
Sec. 17. AGENCY NO. 3 — LEGISLATIVE COUNCIL
Program No. 129 - Legislative Audit FY2023-24 FY2024-25
GENERAL FUND 846,053 882,654
PROGRAM TOTAL 846,053 882,654
SALARY LIMIT 714,844 755,077
The unexpended General Fund appropriation balance existing on June 30,
2023, is hereby reappropriated.
Sec. 18. AGENCY NO. 3 — LEGISLATIVE COUNCIL
Program No. 501 - Intergovernmental Cooperation FY2023-24 FY2024-25
GENERAL FUND 598,208 604,814
PROGRAM TOTAL 598,208 604,814
SALARY LIMIT -0- -0-
The unexpended General Fund appropriation balance existing on June 30,
2023, is hereby reappropriated.
Sec. 19. AGENCY NO. 3 — LEGISLATIVE COUNCIL
Program No. 504 - Office of Public Counsel FY2023-24 FY2024-25
GENERAL FUND 2,113,563 2,202,116
PROGRAM TOTAL 2,113,563 2,202,116
SALARY LIMIT 1,676,196 1,772,572
The unexpended General Fund appropriation balance existing on June 30,
2023, is hereby reappropriated.
Sec. 20. AGENCY NO. 3 — LEGISLATIVE COUNCIL
Program No. 638 - Fiscal and Program Analysis FY2023-24 FY2024-25
GENERAL FUND 1,906,832 1,985,573
PROGRAM TOTAL 1,906,832 1,985,573
SALARY LIMIT 1,831,463 1,919,943
The unexpended General Fund appropriation balance existing on June 30,
2023, is hereby reappropriated.
Sec. 21. AGENCY NO. 5 — SUPREME COURT
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Program No. 52 - Operations FY2023-24 FY2024-25
GENERAL FUND 44,474,650 46,258,879
CASH FUND est. 3,316,590 3,412,479
FEDERAL FUND est. 545,379 548,360
PROGRAM TOTAL 48,336,619 50,219,718
SALARY LIMIT 34,317,976 35,878,792
The Department of Administrative Services shall monitor the appropriations and expenditures for this program according to the following program classifications:
No. 34 - Court Administration No. 40 - State Law Library No. 396 - County Court System No. 399 - District Court Reporters No. 405 - Court of Appeals The unexpended General Fund appropriation balance existing on June 30,
2023, is hereby reappropriated.
The budget division of the Department of Administrative Services shall administratively transfer General Fund appropriations or Salary Limits or both among Program Nos. 52, 67, 420, 434, 435, and 437 within Agency 5, upon written certification by the State Court Administrator that the Supreme Court has determined that such transfer is necessary for the efficient functioning of
statewide court operations and the proper administration of justice.
There is included in the appropriation to this program for FY2023-24
$270,000 General Funds and $270,000 Cash Funds for dispute resolution state aid, which shall only be used for such purpose. There is included in the appropriation to this program for FY2024-25 $270,000 General Funds and $270,000
Cash Funds for dispute resolution state aid, which shall only be used for such purpose.
There is included in the appropriation to this program for FY2023-24
$500,000 Cash Funds for parenting plan mediation for indigent and lower-income persons involved in Parenting Act cases, as state aid, which shall only be used for such purpose. There is included in the appropriation to this program for FY2024-25 $500,000 Cash Funds for parenting plan mediation for indigent and lower-income persons involved in Parenting Act cases, as state aid, which shall only be used for such purpose.
There is included in the appropriation to this program for FY2023-24 $-0-
General Funds and for FY2024-25 $-0- General Funds to increase the payments for interpreter services for deaf and hard of hearing persons and for persons unable to communicate the English language, which shall only be used for such purpose.
Cash Fund expenditures for this program shall not be limited to the amounts shown.
Sec. 22. AGENCY NO. 5 — SUPREME COURT
Program No. 67 - Probation Services FY2023-24 FY2024-25
GENERAL FUND 36,134,267 38,683,450
CASH FUND est. 1,463,967 1,525,608
FEDERAL FUND est. 390,659 401,448
PROGRAM TOTAL 37,988,893 40,610,506
SALARY LIMIT 28,227,046 30,182,035
The Department of Administrative Services shall monitor the appropriations and expenditures for this program according to the following program classifications:
No. 397 - Statewide Probation No. 398 - Intensive Supervision Probation Cash Fund expenditures for this program shall not be limited to the amounts shown.
The unexpended General Fund appropriation balance existing on June 30,
2023, is hereby reappropriated.
Sec. 23. AGENCY NO. 5 — SUPREME COURT
Program No. 235 - State Probation Contractual Services FY2023-24 FY2024-25
CASH FUND est. 1,000,387 1,008,560
PROGRAM TOTAL 1,000,387 1,008,560
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SALARY LIMIT est. 151,632 157,180
Cash Fund expenditures from this program shall be restricted to the State Probation Contractual Services Cash Fund.
The salary limitations for this program shall not be limited to the amounts shown.
Cash Fund expenditures for this program shall not be limited to the amounts shown.
Sec. 24. AGENCY NO. 5 — SUPREME COURT
Program No. 420 - State Specialized Court Operations FY2023-24 FY2024-25
GENERAL FUND 8,055,787 8,336,015
PROGRAM TOTAL 8,055,787 8,336,015
SALARY LIMIT 4,560,024 4,776,469
The unexpended General Fund appropriation balance existing on June 30,
2023, is hereby reappropriated.
The supervision and management of the State Specialized Courts shall be
under the direct jurisdiction of the Supreme Court and the State Court Administrator.
Sec. 25. AGENCY NO. 5 — SUPREME COURT
Program No. 434 - Office of Public Guardian FY2023-24 FY2024-25
GENERAL FUND 2,787,006 2,905,271
CASH FUND est.