PREPARED BY: Suzanne Houlden LB 551 DATE PREPARED: March 12, 2025 PHONE: 402-471-0057 Revision: 00 FISCAL NOTE LEGISLATIVE FISCAL ANALYST ESTIMATE ESTIMATE OF FISCAL IMPACT – STATE AGENCIES (See narrative for political subdivision estimates) FY 2025-26 FY 2026-27 EXPENDITURES REVENUE EXPENDITURES REVENUE GENERAL FUNDS $8,120,333 $8,161,061 CASH FUNDS FEDERAL FUNDS OTHER FUNDS TOTAL FUNDS $8,120,333 $8,161,061 Any Fiscal Notes received from state agencies and political subdivisions are attached f ollowing the Legislative Fiscal Analyst Estimate. If passed, LB 551 would prohibit future tenure appointments at the University of Nebraska (NU), Nebraska’ s State College system (NSCS), an d the state’s six community colleges. The community colleges report no fiscal impact to its six campuses. NU and NSCS report both fiscal and operational issues if LB 551 were to pass. The operational risk is that it would be difficult to hire and retain qualified faculty at all campuses. NU reports the risk of losing its academic membership in the Big Ten conference, along with the risk of not being allowed re-admission into the Association of American Universities (AAU). NU further expresses the likelihood of litigation by current tenure-track faculty and faculty collective bargaining units. The fiscal notes submitted by NU and NSCS explain that institutions without tenure systems often need to compensate for this lost benefit through increased salari es. While the potential litigation costs cannot be determined at this time, both NU and NSCS have provided their calculations of the cost to retain current faculty and address expected faculty shortages. NSCS calculated its projected cost using data obtained through College and University Professional Association for Human Resources (CUPA). NU estimated a 15% increase to the salaries of current tenure -track faculty members, with related benefit costs. Costs not included in the chart below are expenses related to potential litigation, or of potential extramural funding (e.g. federal or private grants and contributions), which cannot be determined at this time. In its fiscal note response, NSCS specifically requests a deficit General Fund appropriation to address the expected increase in salary expense, and General Fund appropriation for the upcoming biennium. NU’s request for incremental funding is implied. The chart below includes the total impact calculated by fund type for NU, but non-General Funds wou ld be omitted from an A-bill. Salary & Benefit estimates Fund type FY26 FY27 General Fund - NSCS $1,357,603 $1,398,331 General Fund - NU $6,762,730 $6,762,730 Cash Fund - NU $3,838,306 $3,838,306 Federal Fund - NU $731,106 $731,106 Other Funds - NU $6,945,507 $6,945,507 Total $12,689,745 $12,730,473 ADMINISTRATIVE SERVICES STATE BUDGET DIVISION: REVIEW OF AGENCY & POLT. SUB. RESPONSE LB: 551 AM: AGENCY/POLT. SUB: Nebraska State College System REVIEWED BY: Kimberly Burns DATE: 01/31/2025 PHONE: (402) 471-4171 COMMENTS: The Nebraska State College System’s assessment of fiscal impact appears reasonable based on the assumptions provided. ADMINISTRATIVE SERVICES STATE BUDGET DIVISION: REVIEW OF AGENCY & P OLT. SUB. RESPONSE LB: 551 AM: AGENCY/POLT. SUB: Nebraska Community College Association REVIEWED BY: Kimberly Burns DATE: 01/31/2025 PHONE: (402) 471-4171 COMMENTS: Concur with the Nebraska Community College Association’s assessment of no fiscal impact from LB 551. ADMINISTRATIVE SERVICES STATE BUDGET DIVISION: REVIEW OF AGENCY & POLT. SUB. RESPONSE LB: 551 AM: AGENCY/POLT. SUB: University of Nebraska System REVIEWED BY: Kimberly Burns DATE: 02/13/2025 PHONE: (402) 471-4171 COMMENTS: The University of Nebraska System’s assessment of fiscal impact related to salary base plus benefits for tenure track faculty members seems reasonable. No basis to dispute the potential indeterminate impacts identified. ADMINISTRATIVE SERVICES STATE BUDGET DIVISION: REVIEW OF AG ENCY & POLT. SUB. RESPONSE LB: 551 AM: AGENCY/POLT. SUB: Coordinating Commission for Postsecondary Education REVIEWED BY: Kimberly Burns DATE: 02/07/2025 PHONE: (402) 471-4171 COMMENTS: Concur with the Coordinating Commission for Postsecondary Education’s estimate of no fiscal impact from LB 551. ADMINISTRATIVE SERVICES STATE BUDGET DIVISION: REVIEW OF AGENCY & POLT. SUB. RESPONSE LB: 551 AM: AGENCY/POLT. SUB: Metropolitan Community College REVIEWED BY: Kimberly Burns DATE: 02/03/2025 PHONE: (402) 471-4171 COMMENTS: Concur with Metropolitan Community College’s estimate of no fiscal impact from LB 551. Please complete ALL (5) blanks in the first three lines. 2025 LB (1) 551 FISCAL NOTE State Agency OR Political Subdivision Name: (2) Nebraska Community College Association Prepared by: (3) Courtney Wittstruck Date Prepared: (4) Jan. 24, 2025 Phone: (5) 402-471-4685 ESTIMATE PROVIDED BY STATE AGENCY OR POLITICAL SUBDIVISION FY 2025-26 FY 2026-27 EXPENDITURES REVENUE EXPENDITURES REVENUE GENERAL FUNDS CASH FUNDS FEDERAL FUNDS OTHER FUNDS TOTAL FUNDS Explanation of Estimate: No expected fiscal impact. _____________________________________________________________________________________________________ _ BREAKDOWN BY MAJOR OBJECTS OF EXPENDITURE Personal Services: POSITION TITLE NUMBER OF POSITIONS 25-26 26-27 2025-26 EXPENDITURES 2026-27 EXPENDITURES Benefits………………………………...…… Operating………………………… ...………. Travel……………………………………….. Capital outlay…………………...………….. Aid…………………………………………... Capital improvements……………………... TOTAL……………………………… ..... Please complete ALL (5) blanks in the first three lines. 2025 LB (1) 551 FISCAL NOTE State Agency OR Political Subdivision Name: (2) Nebraska State College System Prepared by: (3) Brenda Owen Date Prepared: (4) 1-29-25 Phone: (5) 471-2507 ESTIMATE PROVIDED BY STATE AGENCY OR POLITICAL SUBDIVISION FY 2025-26 FY 2026-27 EXPENDITURES REVENUE EXPENDITURES REVENUE GENERAL FUNDS $1,357,603 $1,398,331 CASH FUNDS FEDERAL FUNDS OTHER FUNDS TOTAL FUNDS $1,357,603 $1,398,331 Explanation of Estimate: The Nebraska State Colleges would face a structural challenge in faculty recruitment if they were no longer able to offer tenure-track appointments. Data from the College and University Professional Association for Human Resources (CUPA) indicate that the median salary for an instructor at peer institutions is $59,729, while the median salary for an assistant professor on a tenure track is $71,741. We would estimate this $12,012 differential to reflect the additional value placed on tenure eligibility. If tenure were no longer an option at the State Colleges, salary adjustments would be necessary to ensure competitiveness in hiring qualified faculty. Based on CUPA data, institutions without tenure systems often need to compensate for this lost benefit through increased salaries. A salary adjustment of up to 20% - or approximately $11,946 - would be required to attract candidates at a level consistent with tenure-track assistant professor appointments at peer institutions. Without such adjustments, the State Colleges risk losing strong candidates to institutions that can offer both tenure and higher salaries. This deficit request seeks funding to close this gap, ensuring that the Nebraska State Colleges remain competitive in faculty recruitment and retention, maintaining the quality of instruction necessary to serve students effectively. _____________________________________________________________________________________________________ _ BREAKDOWN BY MAJOR OBJECTS OF EXPENDITURE Personal Services: POSITION TITLE NUMBER OF POSITIONS 25-26 26-27 2025-26 EXPENDITURES 2026-27 EXPENDITURES Tenure Track Faculty 88 88 $1,171,155 $1,206,290 Benefits………………………………...…… $186,448 $192,041 Operating…………………………...………. Travel……………………………………….. Capital outlay…………………...………….. Aid…………………………………………... Capital improvements……………………... TOTAL……………………………… ..... $1,357,603 $1,398,331 0551Prohibit tenure at certain postsecondary educational institutions and require a written policy regarding terms and conditions of employment __________________________________ EXPENDITURESEXPENDITURES NUMBER OF POSITIONS Please complete ALL (5) blanks in the first three lines. 2025 LB (1) FISCAL NOTE State Agency OR Political Subdivision Name: (2) University of Nebraska System Prepared by: (3) Anne Barnes Date Prepared: (4) 02/03/2025 Phone: (5) (402) 559-6300 ESTIMATE PROVIDED BY STATE AGENCY OR POLITICAL SUBDIVISION FY 2025 - 26 FY 2026 - 27 EXPENDITURES REVENUE GENERAL FUNDS 6,762,730.00 0.00 CASH FUNDS 3,838,306.00 0.00 FEDERAL FUNDS 731,106.00 0.00 OTHER FUNDS 6,945,507.00 0.00 TOTAL FUNDS 18,277,649.00 0.00 EXPENDITURES REVENUE 6,762,730.00 0.00 3,838,306.00 0.00 731,106.00 0.00 6,945,507.00 0.00 18,277,649.00 0.00 Explanation of Estimate: If passed, LB 551 would prohibit future tenure appointments at the University of Nebraska. This could lead to the loss of successful tenure track faculty and challenges to recruiting new faculty who may look to go to other universities that grant tenure, handcuffing the University's ability to compete with the best Universities across the country. Additionally, if passed, LB 551 would jeopardize UNL#s membership in the Big 10, future aspirations of rejoining the AAU, and extramural funding (federal and private grants, private contributions, etc.). We believe the passage of LB 551 would likely result in litigation with current tenure track faculty members and the faculty collective bargaining units at UNO and UNK. The amount of potential litigation costs is unknown. Additionally, if tenure is no longer available, we believe that salaries and related benefits would need to be increased to attract and retain faculty employees. We would roughly estimate the cost to be approximately $18,277,649 in FY 26 and FY 27. This estimate is based on a 15% salary increase to the 2024-25 salary base for tenure track faculty members, plus associated benefit costs (increases in employer retirement plan contributions and FICA). With so many unknown variables, we cannot estimate the full fiscal impact of the potential faculty loss. BREAKDOWN BY MAJOR OBJECTS OF EXPENDITURE Personal Services: POSITION TITLE Benefits.............................................. Operating........................................... Travel................................................. Capital outlay.................................... Aid................................................... Capital improvements........................ TOTAL...................................... 25 - 26 0 0 26 - 27 0 0 2025 - 26 15,804,279.00 2,473,370.00 18,277,649.00 2026 - 27 15,804,279.00 2,473,370.00 18,277,649.00 Please complete ALL (5) blanks in the first three lines. 2025 LB (1) 551 FISCAL NOTE State Agency OR Political Subdivision Name: (2) Metropolitan Community College Prepared by: (3) Brenda Schumacher Date Prepared: (4) 1/29/2025 Phone: (5) (531)622-2406 ESTIMATE PROVIDED BY STATE AGENCY OR POLITICAL SUBDIVISION FY 2025-26 FY 2026-27 EXPENDITURES REVENUE EXPENDITURES REVENUE GENERAL FUNDS 0 0 0 0 CASH FUNDS 0 0 0 0 FEDERAL FUNDS 0 0 0 0 OTHER FUNDS 0 0 0 0 TOTAL FUNDS 0 0 0 0 Explanation of Estimate MCC believes that this bill would not have any financial impact. _____________________________________________________________________________________________________ _ BREAKDOWN BY MAJOR OBJECTS OF EXPENDITURE Personal Services: POSITION TITLE NUMBER OF POSITIONS 25-26 26-27 2025-26 EXPENDITURES 2026-27 EXPENDITURES Benefits………………………………...…… Operating…………………………...………. Travel……………………………………….. Capital outlay…………… ……...………….. Aid…………………………………………... Capital improvements……………………... TOTAL……………………………… ..... Please complete ALL (5) blanks in the first three lines. 2025 LB (1) 551 FISCAL NOTE State Agency OR Political Subdivision Name: (2) Coordinating Commission for Postsecondary Education Prepared by: (3) Gary Timm Date Prepared: (4) 1/23/2025 Phone: (5) 402.471.0020 ESTIMATE PROVIDED BY STATE AGENCY OR POLITICAL SUBDIVISION FY 2025-26 FY 2026-27 EXPENDITURES REVENUE EXPENDITURES REVENUE GENERAL FUNDS CASH FUNDS FEDERAL FUNDS OTHER FUNDS TOTAL FUNDS Explanation of Estimate: No fiscal impact _____________________________________________________________________________________________________ _ BREAKDOWN BY MAJOR OBJECTS OF EXPENDITURE Personal Services: POSITION TITLE NUMBER OF POSITIONS 25-26 26-27 2025-26 EXPENDITURES 2026-27 EXPENDITURES Benefits………………………………...…… Operating…………………………...………. Travel……………………………………….. Capital outlay…………………...………….. Aid…………………………………………... Capital improvements………… …………... TOTAL……………………………… .....