85-1416 Budget and state aid requests; review; commission; duties.
85-1416. Budget andstate aid requests; review; commission; duties.(1)Pursuant to the authority granted in Article VII, section 14, of the Constitutionof Nebraska and the Coordinating Commission for Postsecondary Education Act,the commission shall, in accordance with the coordination function of thecommission pursuant to section 85-1403, review and modify, if needed to promotecompliance and consistency with the comprehensive statewide plan and preventunnecessary duplication, the budget requests of the governing boards.(2)(a) At least thirty days prior to submitting to the Governortheir biennial budget requests pursuant to section 81-1113 and any major deficitappropriation requests pursuant to instructions of the Department of AdministrativeServices, the Board of Regents of the University of Nebraska and the Boardof Trustees of the Nebraska State Colleges shall each submit to the commissionan outline of its proposed operating budget. The outline of its proposed operatingbudget or outline of proposed state aid request shall include those informationsummaries provided to the institution's governing board describing the respectiveinstitution's budget for the next fiscal year or biennium. The outline shallcontain projections of funds necessary for (i) the retention of current programsand services at current funding levels, (ii) any inflationary costs necessaryto maintain current programs and services at the current programmatic or servicelevels, and (iii) proposed new and expanded programs and services. In additionto the outline, the commission may request an institution to provide to thecommission any other supporting information to assist the commission in itsbudget review process. An institution may comply with such requests pursuantto section 85-1417.(b) On September 15 of each biennial budget request year,the boards of governors of the community colleges or their designated representativesshall submit to the commission outlines of their proposed state aid requests.(c) The commission shall analyze institutional budget prioritiesin light of the comprehensive statewide plan, role and mission assignments,and the goal of prevention of unnecessary duplication. The commission shallsubmit to the Governor and Legislature by October 15 of each year recommendationsfor approval or modification of the budget requests together with a rationalefor its recommendations. The analysis and recommendations by the commissionshall focus on budget requests for new and expanded programs and servicesand major statewide funding issues or initiatives as identified in the comprehensivestatewide plan. If an institution does not comply with the commission's requestpursuant to subdivision (a) of this subsection for additional budget information,the commission may so note the refusal and its specific information requestin its report of budget recommendations. The commission shall also provideto the Governor and the Appropriations Committee of the Legislature on orbefore October 1 of each even-numbered year a report identifying public policyissues relating to student tuition and fees, including the appropriate relativedifferentials of tuition and fee levels between the sectors of public postsecondaryeducation in the state consistent with the comprehensive statewide plan.(3) At least thirty days prior to submitting to the Governortheir biennial budget requests pursuant to section 81-1113 and any major deficitappropriation requests pursuant to instructions of the Department of AdministrativeServices, the Board of Regents of the University of Nebraska and the Boardof Trustees of the Nebraska State Colleges shall each submit to the commissioninformation the commission deems necessary regarding each board's capitalconstruction budget requests. The commission shall review the capital constructionbudget request information and may recommend to the Governor and the Legislaturemodification, approval, or disapproval of such requests consistent with thestatewide facilities plan and any project approval determined pursuant tosubsection (10) of section 85-1414 and to section 85-1415. The commissionshall develop from a statewide perspective a unified prioritization of individualcapital construction budget requests for which it has recommended approvaland submit such prioritization to the Governor and the Legislature for theirconsideration. In establishing its prioritized list, the commission may considerand respond to the priority order established by the Board of Regents or theBoard of Trustees in their respective capital construction budget requests.(4) Nothing in this section shall be construed to affectother constitutional, statutory, or administrative requirements for the submissionof budget or state aid requests by the governing boards to the Governor andthe Legislature. SourceLaws 1991, LB 663, § 19; Laws 1993, LB 239, § 21; Laws 1994, LB 683, § 22; Laws 1999, LB 816, § 17; Laws 2002, Second Spec. Sess., LB 12, § 5; Laws 2006, LB 962, § 5; Laws 2007, LB342, § 38; Laws 2010, LB1072, § 4.Effective Date: April 15, 2010