LB814 LB814
2023 2023
LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 814
FINAL READING
Introduced by Arch, 14; at the request of the Governor.
Read first time January 25, 2023
Committee: Appropriations
1 A BILL FOR AN ACT relating to appropriations; to state intent; to define
2 terms; to make appropriations for the expenses of Nebraska State
3 Government for the biennium ending June 30, 2025; to appropriate
4 funds allocated to the State of Nebraska from the federal
5 Coronavirus State Fiscal Recovery Fund pursuant to the federal
6 American Rescue Plan Act of 2021, 42 U.S.C. 802, as amended; to
7 transfer funds; to provide duties; to provide an operative date; and
8 to declare an emergency.
9 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 or Second Session, which
4 appropriates funds, FY2022-23 means the period July 1, 2022, through June
5 30, 2023; FY2023-24 means the period July 1, 2023, through June 30, 2024;
6 FY2024-25 means the period July 1, 2024, through June 30, 2025; FY2025-26
7 means the period July 1, 2025, through June 30, 2026; and FY2026-27 means
8 the period July 1, 2026, through June 30, 2027.
9 Sec. 2. APPROPRIATION LANGUAGE.
10 There are hereby appropriated, for FY2023-24 and FY2024-25, the sums
11 set forth in this act to each agency for each program from the respective
12 funds for the general operations of state government, postsecondary
13 education, state aid, capital construction projects, land acquisition,
14 lease-purchase arrangements, and major equipment acquisition, except as
15 otherwise appropriated.
16 Sec. 3. REAPPROPRIATION OF BALANCE, FY2023-24 to FY2024-25.
17 In addition to the appropriations set forth in this act, there are
18 hereby reappropriated all unexpended appropriation balances existing on
19 June 30, 2024, for FY2024-25, to the respective agencies, programs, and
20 funds listed in this act, except as otherwise provided in this act.
21 Sec. 4. There are hereby reappropriated for each agency, program,
22 and fund for FY2023-24 and FY2024-25, any appropriation by the One
23 Hundred Seventh Legislature, First or Second Session, of the unexpended
24 and unencumbered appropriation balances of the Federal Funds allocated to
25 the State of Nebraska from the federal Coronavirus State Fiscal Recovery
26 Fund pursuant to the federal American Rescue Plan Act of 2021, 42 U.S.C.
27 802, as amended, unless otherwise indicated in this act and any other
28 legislative bill passed by the One Hundred Eighth Legislature, First or
29 Second Session. Such reappropriation shall retain any provided
30 limitations established by the appropriating legislative bill unless
31 otherwise indicated within this act and any other legislative bill passed
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1 by the One Hundred Eighth Legislature, First or Second Session.
2 Sec. 5. CERTIFIED ENCUMBRANCES.
3 All certified encumbrance amounts on June 30, 2023, and June 30,
4 2024, not otherwise reappropriated pursuant to this act, are hereby
5 appropriated for FY2023-24 and FY2024-25, respectively, which amounts
6 shall be in addition to the amounts shown in this act.
7 Sec. 6. NEBRASKA ACCOUNTING SYSTEM MANUAL DEFINITIONS.
8 The definitions contained in the Nebraska Accounting System Manual,
9 and any amendments thereto, on file with the Clerk of the Legislature,
10 are hereby adopted by the Legislature as the definitions for this act,
11 except as provided in sections 9, 309, and 310 of this act.
12 Sec. 7. DRAWING AND PAYING WARRANTS.
13 The Director of Administrative Services shall draw warrants upon the
14 proper fund in the state treasury for an amount not to exceed the
15 appropriations set forth in this act upon presentation of proper
16 documentation. The State Treasurer shall pay the warrants out of the
17 appropriate funds.
18 Sec. 8. BUDGET STATUS REPORTS.
19 All state agencies, boards, and commissions shall promptly establish
20 their detailed Budget Status Reports at the budget subprogram level in
21 the Nebraska Accounting System and adjust them as necessary during each
22 fiscal year to reflect the most current appropriations shown on the
23 Allotment Status Report.
24 Sec. 9. It is the intent of the Legislature that state agencies
25 may, at their discretion, utilize employee furloughs as a short-term
26 means of addressing budgetary shortfalls. Furlough is defined as placing
27 an employee in a temporary, nonduty, nonpay status because of the lack of
28 funds. An intermittent furlough is a furlough action in which the
29 nonduty, nonpay status occurs discontinuously over a period of time
30 rather than consecutively. It is further intended that furloughs shall
31 not adversely affect the employee and employer health insurance premium
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1 contributions and service anniversary date, nor shall leave earnings be
2 prorated as a result of the furlough.
3 Sec. 10. It is the intent of the Legislature that the
4 appropriations for capital facilities follow an orderly and reasonable
5 process based upon defined and documented need and an analysis of the
6 utilization of existing facilities.
7 The biennial appropriations contained in this act covering FY2023-24
8 and FY2024-25, which have been designated for planning, require from the
9 agency a complete program statement prepared in accordance with the
10 Procedural Manual for Capital Construction Projects as approved by the
11 state building division of the Department of Administrative Services.
12 Projects directly related to program continuation such as fire and life
13 safety, maintenance, utility improvements, handicapped access, and master
14 planning require a statement of needs prepared in accordance with the
15 manual. An appropriation for drawings and construction may be recommended
16 only after submission of an acceptable program statement or statement of
17 needs on or before September 15 to the state building division, the
18 budget division of the Department of Administrative Services, and the
19 Legislative Fiscal Analyst.
20 Program statements that have been submitted prior to FY2023-24 shall
21 be updated if necessary and resubmitted during the period July 1, 2023,
22 to September 1, 2023. Program statements that have been submitted prior
23 to FY2024-25 shall be updated if necessary and resubmitted during the
24 period July 1, 2024, to September 1, 2024, by agency priority. Such
25 priority shall be subject to final modification by the governing
26 authority of each agency on or before September 15, 2024.
27 Sec. 11. It is the intent of the Legislature that agencies should
28 construct or renovate facilities in such a manner as to provide the
29 greatest cost-effective energy savings possible. Design criteria
30 emphasizing efficiency, functionality, and energy conservation shall be
31 reflected in program statements, schematic design documents, design
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1 development documents, and construction documents. The state building
2 division of the Department of Administrative Services and the Department
3 of Environment and Energy shall provide technical assistance to the state
4 agencies, upon request, to assist them in providing for energy-efficient
5 new or renovated facilities.
6 Sec. 12. AGENCY NO. 3 — LEGISLATIVE COUNCIL
7 The Department of Administrative Services shall monitor the
8 appropriations and expenditures for this agency for FY2023-24 and
9 FY2024-25 according to the following program classifications:
10 No. 122 - Legislative Services
11 No. 123 - Clerk of the Legislature
12 No. 126 - Legislative Research
13 No. 127 - Revisor of Statutes
14 No. 129 - Legislative Audit
15 No. 501 - Intergovernmental Cooperation
16 No. 504 - Office of Public Counsel
17 No. 638 - Fiscal and Program Analysis
18 The budget administrator of the budget division of the Department of
19 Administrative Services shall have the authority to transfer
20 appropriations and salary limits among the program classifications listed
21 in this section as directed by the Executive Board of the Legislative
22 Council.
23 Sec. 13. AGENCY NO. 3 — LEGISLATIVE COUNCIL
24 Program No. 122 - Legislative Services
25 FY2023-24 FY2024-25
26 GENERAL FUND 12,219,036 14,052,752
27 CASH FUND 95,000 95,000
28 FEDERAL FUND est. 39,270 39,270
29 PROGRAM TOTAL 12,353,306 14,187,022
30 SALARY LIMIT 9,574,172 11,000,211
31 There is included in the appropriation to this program for FY2023-24
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1 $75,000 Cash Funds and for FY2024-25 $75,000 Cash Funds from the Nebraska
2 Health Care Cash Fund for the purpose of ongoing health-related research
3 and public policy development by the Health and Human Services Committee
4 of the Legislature. Such funds may be used for, but shall not be limited
5 to, hiring temporary legal research assistance, consulting and research
6 contracts, reimbursement for necessary and appropriate expenses incurred
7 in connection with such research and policy development, and actual and
8 necessary travel reimbursement for task forces and committees established
9 to conduct health policy work.
10 The unexpended General Fund appropriation balance existing on June
11 30, 2023, is hereby reappropriated.
12 Sec. 14. AGENCY NO. 3 — LEGISLATIVE COUNCIL
13 Program No. 123 - Clerk of the Legislature
14 FY2023-24 FY2024-25
15 GENERAL FUND 5,321,607 6,148,945
16 CASH FUND 86,938 98,927
17 PROGRAM TOTAL 5,408,545 6,247,872
18 SALARY LIMIT 4,199,192 4,957,770
19 The unexpended General Fund appropriation balance existing on June
20 30, 2023, is hereby reappropriated.
21 Sec. 15. AGENCY NO. 3 — LEGISLATIVE COUNCIL
22 Program No. 126 - Legislative Research
23 FY2023-24 FY2024-25
24 GENERAL FUND 891,424 994,807
25 PROGRAM TOTAL 891,424 994,807
26 SALARY LIMIT 762,904 860,754
27 The unexpended General Fund appropriation balance existing on June
28 30, 2023, is hereby reappropriated.
29 Sec. 16. AGENCY NO. 3 — LEGISLATIVE COUNCIL
30 Program No. 127 - Revisor of Statutes
31 FY2023-24 FY2024-25
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1 GENERAL FUND 1,794,728 2,027,841
2 CASH FUND 100,000 100,000
3 PROGRAM TOTAL 1,894,728 2,127,841
4 SALARY LIMIT 1,481,423 1,677,167
5 The unexpended General Fund appropriation balance existing on June
6 30, 2023, is hereby reappropriated.
7 Sec. 17. AGENCY NO. 3 — LEGISLATIVE COUNCIL
8 Program No. 129 - Legislative Audit
9 FY2023-24 FY2024-25
10 GENERAL FUND 846,053 961,009
11 PROGRAM TOTAL 846,053 961,009
12 SALARY LIMIT 714,844 823,118
13 The unexpended General Fund appropriation balance existing on June
14 30, 2023, is hereby reappropriated.
15 Sec. 18. AGENCY NO. 3 — LEGISLATIVE COUNCIL
16 Program No. 501 - Intergovernmental Cooperation
17 FY2023-24 FY2024-25
18 GENERAL FUND 598,208 604,814
19 PROGRAM TOTAL 598,208 604,814
20 SALARY LIMIT -0- -0-
21 The unexpended General Fund appropriation balance existing on June
22 30, 2023, is hereby reappropriated.
23 Sec. 19. AGENCY NO. 3 — LEGISLATIVE COUNCIL
24 Program No. 504 - Office of Public Counsel
25 FY2023-24 FY2024-25
26 GENERAL FUND 2,113,563 2,392,003
27 PROGRAM TOTAL 2,113,563 2,392,003
28 SALARY LIMIT 1,676,196 1,935,563
29 The unexpended General Fund appropriation balance existing on June
30 30, 2023, is hereby reappropriated.
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1 Sec. 20. AGENCY NO. 3 — LEGISLATIVE COUNCIL
2 Program No. 638 - Fiscal and Program Analysis
3 FY2023-24 FY2024-25
4 GENERAL FUND 1,906,832 2,158,010
5 PROGRAM TOTAL 1,906,832 2,158,010
6 SALARY LIMIT 1,831,463 2,069,687
7 The unexpended General Fund appropriation balance existing on June
8 30, 2023, is hereby reappropriated.
9 Sec. 21. AGENCY NO. 5 — SUPREME COURT
10 Program No. 52 - Operations
11 FY2023-24 FY2024-25
12 GENERAL FUND 45,174,650 46,958,879
13 CASH FUND est. 3,316,590 3,412,479
14 FEDERAL FUND est. 545,379 548,360
15 PROGRAM TOTAL 49,036,619 50,919,718
16 SALARY LIMIT 34,655,119 36,215,935
17 The Department of Administrative Services shall monitor the
18 appropriations and expenditures for this program according to the
19 following program classifications:
20 No. 34 - Court Administration
21 No. 40 - State Law Library
22 No. 396 - County Court System
23 No. 399 - District Court Reporters
24 No. 405 - Court of Appeals
25 The unexpended General Fund appropriation balance existing on June
26 30, 2023, is hereby reappropriated.
27 The budget division of the Department of Administrative Services
28 shall administratively transfer General Fund appropriations or Salary
29 Limits or both among Program Nos. 52, 67, 420, 434, 435, and 437 within
30 Agency 5, upon written cer