State Codes and Statutes

Statutes > Nebraska > Chapter81 > 81-188_02

81-188.02. State Building Renewal AssessmentFund; capital improvement project; depreciation charges.(1)For purposes of this section, capital improvement project means (a) constructionof a new facility, structure, or building, (b) construction of additions toan existing facility, structure, or building, (c) renovation of an existingfacility, structure, or building if the total project cost of such renovationrepresents not less than fifteen percent of the value of the existing facility,structure, or building as determined by the Department of Administrative Services,(d) purchase of an existing facility, structure, or building, and (e) acquisitionof a facility, structure, or building through means of conveyance other thansale and purchase.(2) Beginning with the fiscal year that commences subsequent to thecalendar year in which has occurred substantial completion of a capital improvementproject as defined in subdivisions (1)(a) through (1)(c) of this section oracquisition of a capital improvement project as defined in subdivisions (1)(d)and (1)(e) of this section, the department shall assess a capital improvementdepreciation charge to the agency maintaining ownership or control of therelated facility, structure, or building and shall assess such charge foreach fiscal year thereafter,except that no depreciation charges shall be assessed or paid pursuant tothis section for the period beginning July 1, 2009, and ending June 30, 2011.(3) The annual depreciation charge for a capital improvement projectas defined in subdivisions (1)(a) through (1)(c) of this section shall becomputed as one percent of the total project cost of the capital improvementproject. The annual depreciation charge for a capital improvement projectas defined in subdivision (1)(d) of this section shall be computed as onepercent of the greater of the purchase price or the value, as determined bythe department, of the capital improvement project at the time of acquisition.The annual depreciation charge for a capital improvement project as definedin subdivision (1)(e) of this section shall be computed as one percent ofthe value, as determined by the department, of the capital improvement projectat the time of acquisition. The department may assess the charge annuallyor in monthly, quarterly, or semiannual installments.(4) Depreciation charges shall not be assessed pursuant to this sectionfor capital improvement projects relating to facilities, structures, or buildingsowned, leased, or operated by the: (i) University of Nebraska; (ii) Nebraskastate colleges; (iii) Department of Aeronautics; (iv) Department of Roads;(v) Game and Parks Commission; or (vi) Board of Educational Lands and Fundsor to other buildings or grounds owned, leased, or operated by the State ofNebraska which are specifically exempted by the Department of AdministrativeServices because the assessment of such depreciation charges would resultin the ineligibility for federal funding or would result in hardship on anagency, board, or commission due to other exceptional or unusual circumstances.Depreciation charges shall not be assessed pursuant to this section for capitalimprovement projects relating to facilities, structures, or buildings of whichthe department is custodian pursuant to section 81-1108.17 and for which chargesare assessed pursuant to subdivision (4)(b) of such section.(5) Payment of depreciation charges assessed pursuant to this sectionshall be remitted to the State Treasurer for credit to the State BuildingRenewal Assessment Fund. SourceLaws 1998, LB 1100, § 9; Laws 2001, LB 666, § 1; Laws 2002, LB 1310, § 14; Laws 2003, LB 410, § 5; Laws 2004, LB 439, § 16; Laws 2004, LB 1092, § 3; Laws 2007, LB322, § 21; Laws 2009, LB318, § 1.