(1) It is the intent of the Legislature that the state will not assume responsibility for the substandard construction, repair, or maintenance of, or for the excessive maintenance or repair costs for, real property, structures, or improvements which will be made available by gift, bequest, or devise to any state agency, board, or commission or real property or structures acquired by any state agency, board, or commission with the proceeds of donations, gifts, bequests, devises, or grants from individuals, organizations, corporations, foundations, or similar entities or from nonfederal governmental agencies. Therefor, any such gift, bequest, devise, or acquisition of such real property, structure, or improvement shall be reviewed and approved as provided in this section as a requirement for acceptance or acquisition by the state of such real property, structure, or improvement.

Terms Used In Nebraska Statutes 81-1108.33

  • Bequest: Property gifted by will.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Devise: To gift property by will.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Personal property: All property that is not real property.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801

(2)(a) Any gift of, bequest of, or devise of real property, a structure, or an improvement proposed to be made available to any state agency, board, or commission in excess of ten thousand dollars and any acquisition of real property or structures with the proceeds of donations, gifts, bequests, devises, or grants from individuals, organizations, corporations, foundations, or similar entities or from nonfederal governmental agencies, if the combined proceeds of such donations, gifts, bequests, devises, or grants exceed two hundred fifty thousand dollars, shall be reviewed by the state building division and the Task Force for Building Renewal pursuant to sections 81-176 , 81-1108.15 , and 81-1114 . Such review shall include any potential matching of state funds, any plans, specifications, and other construction or repair documents, and any potential maintenance requirements as a condition of acceptance or acquisition. Subsequent to such review, the state building division and the task force shall submit a report to the Governor, the Committee on Building Maintenance, and the Legislative Fiscal Analyst including a summary of the review of the plans, specifications, and other construction or repair documents and potential maintenance requirements and outlining the terms and conditions of the proposed gift, bequest, devise, or acquisition along with its recommendation. The report submitted to the committee and the Legislative Fiscal Analyst shall be submitted electronically.

(b)(i) Any proposed gift of, bequest of, or devise of real property, a structure, or an improvement in excess of ten thousand dollars shall be approved by the Governor and the Legislature prior to acceptance.

(ii) Any acquisition of real property or structures with the proceeds of donations, gifts, bequests, devises, or grants from individuals, organizations, corporations, foundations, or similar entities or from nonfederal governmental agencies, if the combined proceeds of such donations, gifts, bequests, devises, or grants exceed two hundred fifty thousand dollars, shall be approved by the Governor and Legislature prior to such acquisition.

(iii) If the Legislature is not in session, the Executive Board of the Legislative Council, after recommendation by the Committee on Building Maintenance, may approve such gift, bequest, devise, or acquisition along with the Governor.

(c) No construction, repair, maintenance, or other work related to the proposed gift, bequest, devise, or acquisition shall be initiated prior to receiving the review and approval required by this section.

(3) For purposes of this section, gift of, bequest of, or devise of (a) real property, (b) a structure, or (c) an improvement shall include, but not be limited to, a donation of, gift of, bequest of, devise of, or grant of (i) real property, (ii) a structure, or (iii) an improvement from an individual, an organization, a corporation, a foundation, or a similar entity or from a nonfederal governmental agency. For purposes of this section, gift, bequest, or devise shall not include a donation, gift, bequest, devise, or grant of tangible or intangible personal property.

(4) This section shall not apply to the University of Nebraska or any Nebraska state college, since these agencies are subject to and participate in statewide facilities planning developed by the Coordinating Commission for Postsecondary Education pursuant to the Coordinating Commission for Postsecondary Education Act.