AGO 98026.

• Court: Nebraska

Nebraska Attorney General Opinions 1998. AGO 98026. DATE: June 17, 1998SUBJECT: School District Activities Funds; Budget Statement RequirementsREQUESTED BY: John Breslow, Auditor of Public AccountsWRITTEN BY: Don Stenberg, Attorney General Lauren L. Hill, Assistant Attorney General This legal opinion is written in response to your request that we address the obligations of Nebraska school districts in the preparation and filing of the annual budget statements mandated by Neb. Rev. Stat. § 13-504 (1997). Specifically, you have asked whether school districts are required to submit, as to their school activities fund, statutorily-prescribed information in the annual budget statements which pertain to "the immediately ensuing fiscal year." Background Nebraska Budget Act. The Legislature has enacted several statutes which, collectively, comprise the "Nebraska Budget Act." Neb. Rev. Stat. § 13-501 (1997). "The purpose of the Nebraska Budget Act is to require [certain] governing bodies . . . to follow prescribed budget practices and procedures and make available to the public pertinent information pertaining to the financial requirements and expectations of [those governing bodies]. . . ." Neb. Rev. Stat. § 13-502 (1997). The annual budgets of all school districts are subject to requirements of the Nebraska Budget Act. Neb. Rev. Stat. § 13-517 (1997). Pursuant to Neb. Rev. Stat. § 13-504(1), school districts are required, by August 1 of each year, to prepare a proposed written budget statement on forms prescribed by the Auditor of Public Accounts. Along with other mandated information, the budget statement must contain budget information (a) for the immediate two prior fiscal years, (b) for the current fiscal year, and (c) for the immediately ensuing fiscal year. Neb. Rev. Stat. § 13- 504(1)(a)-(c). For "the immediately ensuing fiscal year," the budget statement shall contain an estimate of revenue from all sources, . . . separately stated as to each such source, to be allocated to each of the several funds, and for each fund: [t]he actual or estimated unencumbered cash balances, whichever is applicable, to be available at the beginning of the year; the amounts proposed to be expended during the year; and the amount of cash reserve, based on actual experience of prior years, . . . . Neb. Rev. Stat. § 13-504(1)(c). School Activities Funds. ...