State Codes and Statutes

Statutes > Nebraska > Chapter85 > 85-1402

85-1402. Terms, defined.For purposes of the Coordinating Commission for PostsecondaryEducation Act:(1)(a) Capital construction project shall mean a project whichutilizes tax funds designated by the Legislature and shall be: Any proposednew capital structure; any proposed addition to, renovation of, or remodelingof a capital structure; any proposed acquisition of a capital structure bygift, purchase, lease-purchase, or other means of construction or acquisitionthat (i) will be directly financed in whole or in part with tax funds designatedby the Legislature totaling at least the minimum capital expenditure for purposesof this subdivision or (ii) is likely, as determined by the institution, toresult in an incremental increase in appropriation or expenditure of tax fundsdesignated by the Legislature of at least the minimum capital expenditurefor the facility's operations and maintenance costs in any one fiscal yearwithin a period of ten years from the date of substantial completion or acquisitionof the project. No tax funds designated by the Legislature shall be appropriatedor expended for any incremental increase of more than the minimum capitalexpenditure for the costs of the operations and utilities of any facilitywhich is not included in the definition of capital construction project andthus is not subject to commission approval pursuant to the Coordinating Commissionfor Postsecondary Education Act. No institution shall include a request forfunding such an increase in its budget request for tax funds designated bythe Legislature nor shall any institution utilize any such funds for suchan increase. The Governor shall not include in his or her budget recommendations,and the Legislature shall not appropriate, such funds for such increase.(b) For purposes of this subdivision:(i) Directly financed shall mean funded by:(A) Appropriation of tax funds designated by the Legislaturefor the specific capital construction project;(B) Property tax levies used to establish a capital improvementand bond sinking fund pursuant to section 85-1515; or(C) That portion of tax funds designated by the Legislatureand appropriated by the Legislature for the general operation of the publicinstitution and utilized to fund the capital project;(ii) Incremental increase shall mean an increase in appropriationor expenditure of tax funds designated by the Legislature of at least theminimum capital expenditure for a facility's operations and maintenance costs,beyond any increase due to inflation, to pay for a capital structure's operationsand maintenance costs that are a direct result of a capital construction project;and(iii) Minimum capital expenditure shall mean:(A) For purposes of subdivision (a)(i) of this subdivision,a base amount of two million dollars;and(B) For the facility's operations and maintenance costs pursuantto subdivision (a)(ii) of this subdivision, a base amount of eighty-five thousanddollars for any one fiscal year.The base amount for the facility's operationsand maintenance costs shall be subject to any inflationary ormarket adjustments made by the commission pursuant to this subdivision. Thecommission shall adjust the base amount on a biennial basisbeginning January 1, 2010. The adjustments shallbe based on percentage changes in a construction cost index and any otherpublished index relevant to operations and utilities costs, both as selectedby the commission in cooperation with the public institutions. The index orindices shall reflect inflationary or market trends for the applicable operationsand maintenance or construction costs;(2) Commission shall mean the Coordinating Commission forPostsecondary Education;(3) Coordination shall mean:(a) Authority to adopt, and revise as needed, a comprehensivestatewide plan for postsecondary education which shall include (i) definitionsof the role and mission of each public postsecondary educational institutionwithin any general assignments of role and mission as may be prescribed bythe Legislature and (ii) plans for facilities which utilize tax funds designatedby the Legislature;(b) Authority to review, monitor, and approve or disapproveeach public postsecondary educational institution's programs and capital constructionprojects which utilize tax funds designated by the Legislature in order toprovide compliance and consistency with the comprehensive plan and to preventunnecessary duplication; and(c) Authority to review and modify, if needed to promote complianceand consistency with the comprehensive statewide plan and prevent unnecessaryduplication, the budget requests of the governing boards or any other governingboard for any other public postsecondary educational institution which maybe established by the Legislature;(4) Education center shall mean an off-campus branch of apublic institution or cooperative of either public or public and private postsecondaryeducational institutions which offers instructional programs to students;(5) Governing board shall mean the Board of Regents of theUniversity of Nebraska, the Board of Trustees of the Nebraska State Colleges,or the board of governors for each community college area;(6) Program shall mean any program of instruction which leadsdirectly to a degree, diploma, or certificate and, for purposes of section 85-1414, shall include public service programs and all off-campus instructionalprograms, whether or not such programs lead directly to a degree, diploma,or certificate. Program shall also include the establishment of any new college,school, major division, education center, or institute but shall not includereasonable and moderate extensions of existing curricula which have a directrelationship to existing programs;(7) Public institution shall mean each campus of a publicpostsecondary educational institution which is or may be established by theLegislature, which is under the direction of a governing board, and whichis administered as a separate unit by the board; and(8) Tax funds designated by the Legislature shall mean allstate tax revenue and all property tax revenue. SourceLaws 1991, LB 663, § 5; Laws 1994, LB 683, § 15; Laws 1999, LB 816, § 11; Laws 2006, LB 196, § 2; Laws 2009, LB440, § 3.

State Codes and Statutes

Statutes > Nebraska > Chapter85 > 85-1402

85-1402. Terms, defined.For purposes of the Coordinating Commission for PostsecondaryEducation Act:(1)(a) Capital construction project shall mean a project whichutilizes tax funds designated by the Legislature and shall be: Any proposednew capital structure; any proposed addition to, renovation of, or remodelingof a capital structure; any proposed acquisition of a capital structure bygift, purchase, lease-purchase, or other means of construction or acquisitionthat (i) will be directly financed in whole or in part with tax funds designatedby the Legislature totaling at least the minimum capital expenditure for purposesof this subdivision or (ii) is likely, as determined by the institution, toresult in an incremental increase in appropriation or expenditure of tax fundsdesignated by the Legislature of at least the minimum capital expenditurefor the facility's operations and maintenance costs in any one fiscal yearwithin a period of ten years from the date of substantial completion or acquisitionof the project. No tax funds designated by the Legislature shall be appropriatedor expended for any incremental increase of more than the minimum capitalexpenditure for the costs of the operations and utilities of any facilitywhich is not included in the definition of capital construction project andthus is not subject to commission approval pursuant to the Coordinating Commissionfor Postsecondary Education Act. No institution shall include a request forfunding such an increase in its budget request for tax funds designated bythe Legislature nor shall any institution utilize any such funds for suchan increase. The Governor shall not include in his or her budget recommendations,and the Legislature shall not appropriate, such funds for such increase.(b) For purposes of this subdivision:(i) Directly financed shall mean funded by:(A) Appropriation of tax funds designated by the Legislaturefor the specific capital construction project;(B) Property tax levies used to establish a capital improvementand bond sinking fund pursuant to section 85-1515; or(C) That portion of tax funds designated by the Legislatureand appropriated by the Legislature for the general operation of the publicinstitution and utilized to fund the capital project;(ii) Incremental increase shall mean an increase in appropriationor expenditure of tax funds designated by the Legislature of at least theminimum capital expenditure for a facility's operations and maintenance costs,beyond any increase due to inflation, to pay for a capital structure's operationsand maintenance costs that are a direct result of a capital construction project;and(iii) Minimum capital expenditure shall mean:(A) For purposes of subdivision (a)(i) of this subdivision,a base amount of two million dollars;and(B) For the facility's operations and maintenance costs pursuantto subdivision (a)(ii) of this subdivision, a base amount of eighty-five thousanddollars for any one fiscal year.The base amount for the facility's operationsand maintenance costs shall be subject to any inflationary ormarket adjustments made by the commission pursuant to this subdivision. Thecommission shall adjust the base amount on a biennial basisbeginning January 1, 2010. The adjustments shallbe based on percentage changes in a construction cost index and any otherpublished index relevant to operations and utilities costs, both as selectedby the commission in cooperation with the public institutions. The index orindices shall reflect inflationary or market trends for the applicable operationsand maintenance or construction costs;(2) Commission shall mean the Coordinating Commission forPostsecondary Education;(3) Coordination shall mean:(a) Authority to adopt, and revise as needed, a comprehensivestatewide plan for postsecondary education which shall include (i) definitionsof the role and mission of each public postsecondary educational institutionwithin any general assignments of role and mission as may be prescribed bythe Legislature and (ii) plans for facilities which utilize tax funds designatedby the Legislature;(b) Authority to review, monitor, and approve or disapproveeach public postsecondary educational institution's programs and capital constructionprojects which utilize tax funds designated by the Legislature in order toprovide compliance and consistency with the comprehensive plan and to preventunnecessary duplication; and(c) Authority to review and modify, if needed to promote complianceand consistency with the comprehensive statewide plan and prevent unnecessaryduplication, the budget requests of the governing boards or any other governingboard for any other public postsecondary educational institution which maybe established by the Legislature;(4) Education center shall mean an off-campus branch of apublic institution or cooperative of either public or public and private postsecondaryeducational institutions which offers instructional programs to students;(5) Governing board shall mean the Board of Regents of theUniversity of Nebraska, the Board of Trustees of the Nebraska State Colleges,or the board of governors for each community college area;(6) Program shall mean any program of instruction which leadsdirectly to a degree, diploma, or certificate and, for purposes of section 85-1414, shall include public service programs and all off-campus instructionalprograms, whether or not such programs lead directly to a degree, diploma,or certificate. Program shall also include the establishment of any new college,school, major division, education center, or institute but shall not includereasonable and moderate extensions of existing curricula which have a directrelationship to existing programs;(7) Public institution shall mean each campus of a publicpostsecondary educational institution which is or may be established by theLegislature, which is under the direction of a governing board, and whichis administered as a separate unit by the board; and(8) Tax funds designated by the Legislature shall mean allstate tax revenue and all property tax revenue. SourceLaws 1991, LB 663, § 5; Laws 1994, LB 683, § 15; Laws 1999, LB 816, § 11; Laws 2006, LB 196, § 2; Laws 2009, LB440, § 3.

State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter85 > 85-1402

85-1402. Terms, defined.For purposes of the Coordinating Commission for PostsecondaryEducation Act:(1)(a) Capital construction project shall mean a project whichutilizes tax funds designated by the Legislature and shall be: Any proposednew capital structure; any proposed addition to, renovation of, or remodelingof a capital structure; any proposed acquisition of a capital structure bygift, purchase, lease-purchase, or other means of construction or acquisitionthat (i) will be directly financed in whole or in part with tax funds designatedby the Legislature totaling at least the minimum capital expenditure for purposesof this subdivision or (ii) is likely, as determined by the institution, toresult in an incremental increase in appropriation or expenditure of tax fundsdesignated by the Legislature of at least the minimum capital expenditurefor the facility's operations and maintenance costs in any one fiscal yearwithin a period of ten years from the date of substantial completion or acquisitionof the project. No tax funds designated by the Legislature shall be appropriatedor expended for any incremental increase of more than the minimum capitalexpenditure for the costs of the operations and utilities of any facilitywhich is not included in the definition of capital construction project andthus is not subject to commission approval pursuant to the Coordinating Commissionfor Postsecondary Education Act. No institution shall include a request forfunding such an increase in its budget request for tax funds designated bythe Legislature nor shall any institution utilize any such funds for suchan increase. The Governor shall not include in his or her budget recommendations,and the Legislature shall not appropriate, such funds for such increase.(b) For purposes of this subdivision:(i) Directly financed shall mean funded by:(A) Appropriation of tax funds designated by the Legislaturefor the specific capital construction project;(B) Property tax levies used to establish a capital improvementand bond sinking fund pursuant to section 85-1515; or(C) That portion of tax funds designated by the Legislatureand appropriated by the Legislature for the general operation of the publicinstitution and utilized to fund the capital project;(ii) Incremental increase shall mean an increase in appropriationor expenditure of tax funds designated by the Legislature of at least theminimum capital expenditure for a facility's operations and maintenance costs,beyond any increase due to inflation, to pay for a capital structure's operationsand maintenance costs that are a direct result of a capital construction project;and(iii) Minimum capital expenditure shall mean:(A) For purposes of subdivision (a)(i) of this subdivision,a base amount of two million dollars;and(B) For the facility's operations and maintenance costs pursuantto subdivision (a)(ii) of this subdivision, a base amount of eighty-five thousanddollars for any one fiscal year.The base amount for the facility's operationsand maintenance costs shall be subject to any inflationary ormarket adjustments made by the commission pursuant to this subdivision. Thecommission shall adjust the base amount on a biennial basisbeginning January 1, 2010. The adjustments shallbe based on percentage changes in a construction cost index and any otherpublished index relevant to operations and utilities costs, both as selectedby the commission in cooperation with the public institutions. The index orindices shall reflect inflationary or market trends for the applicable operationsand maintenance or construction costs;(2) Commission shall mean the Coordinating Commission forPostsecondary Education;(3) Coordination shall mean:(a) Authority to adopt, and revise as needed, a comprehensivestatewide plan for postsecondary education which shall include (i) definitionsof the role and mission of each public postsecondary educational institutionwithin any general assignments of role and mission as may be prescribed bythe Legislature and (ii) plans for facilities which utilize tax funds designatedby the Legislature;(b) Authority to review, monitor, and approve or disapproveeach public postsecondary educational institution's programs and capital constructionprojects which utilize tax funds designated by the Legislature in order toprovide compliance and consistency with the comprehensive plan and to preventunnecessary duplication; and(c) Authority to review and modify, if needed to promote complianceand consistency with the comprehensive statewide plan and prevent unnecessaryduplication, the budget requests of the governing boards or any other governingboard for any other public postsecondary educational institution which maybe established by the Legislature;(4) Education center shall mean an off-campus branch of apublic institution or cooperative of either public or public and private postsecondaryeducational institutions which offers instructional programs to students;(5) Governing board shall mean the Board of Regents of theUniversity of Nebraska, the Board of Trustees of the Nebraska State Colleges,or the board of governors for each community college area;(6) Program shall mean any program of instruction which leadsdirectly to a degree, diploma, or certificate and, for purposes of section 85-1414, shall include public service programs and all off-campus instructionalprograms, whether or not such programs lead directly to a degree, diploma,or certificate. Program shall also include the establishment of any new college,school, major division, education center, or institute but shall not includereasonable and moderate extensions of existing curricula which have a directrelationship to existing programs;(7) Public institution shall mean each campus of a publicpostsecondary educational institution which is or may be established by theLegislature, which is under the direction of a governing board, and whichis administered as a separate unit by the board; and(8) Tax funds designated by the Legislature shall mean allstate tax revenue and all property tax revenue. SourceLaws 1991, LB 663, § 5; Laws 1994, LB 683, § 15; Laws 1999, LB 816, § 11; Laws 2006, LB 196, § 2; Laws 2009, LB440, § 3.