Nebraska 2024 2024 1st Special Session

Nebraska Legislature Bill LB75 Introduced / Fiscal Note

Filed 08/08/2024

                    PREPARED BY: John Wiemer 
LB 75 DATE PREPARED: August 07, 2024 
PHONE: 	402-471-0051 
    
Revision: 01  
Revised per Response from Dept. of Revenue FISCAL NOTE 
 	LEGISLATIVE FISCAL ANALYST ESTIMATE 
 
ESTIMATE OF FISCAL IMPACT – STATE AGENCIES 	(See narrative for political subdivision estimates) 
 	FY 2024-25 	FY 2025-26 
EXPENDITURES REVENUE EXPENDITURES REVENUE 
GENERAL FUNDS 	$540,764  $11,615,992  
CASH FUNDS     
FEDERAL FUNDS     
OTHER FUNDS     
TOTAL FUNDS 	$540,764  $11,615,992  
 
Any Fiscal Notes received from state agencies and political subdivisions are attached following the Legislative Fiscal Analyst Estimate. 
 
LB 75 would establish the Long-Term Owner Homestead Exemption Act. 
 
Under the Act, homesteads of qualified owners would be assessed for taxation the same as other property, except that such 
homesteads would be eligible to receive an exemption as follows: For purposes of any political subdivision taxes, the homestead of a 
qualified owner would be valued at zero. Qualified owner would mean an owner who has owned a homestead or homesteads in 
Nebraska for at least 40 years as of January 1 of the current assessment year and resides in a Nebraska homestead at such time. 
 
A qualified owner could apply for a homestead exemption under this Act by submitting an application to the county assessor of the 
county in which the homestead is located on a form prescribed by the Tax Commissioner. Once the owner has received approval of the 
exemption, such owner would only be required to file a subsequent application in years evenly divisible by five. Any qualified owner who 
receives an exemption under the Act for any year would not be eligible to receive a homestead exemption under sections 77-3501 to 
77-3529 for the same year. 
 
The county treasurer and county assessor would, on or before November 30 of each year, certify to the Tax Commissioner the total tax 
revenue that will be lost to all political subdivisions within the county from taxes levied and assessed in that year because of exemptions 
allowed under the Act. The Tax Commissioner would, on or before January 1 next following such certification, notify the Director of 
Administrative Services of the amount so certified to be reimbursed by the state. Reimbursement of the funds lost would be made to 
each county according to the certification and would be distributed in six as nearly as possible equal monthly payments on the last 
business day of each month beginning in January. The Director of Administrative Service would, on 	the last business day of each 
month, issue payments via electronic funds transfer. Out of the amount so received the county treasurer would distribute to each of the 
political subdivisions within his or her county the full amount so lost by such political subdivision, except that 1% of such amount would 
be deposited in the county general fund. Each political subdivision would, in preparing its annual or biennial budget, take into account 
the amount to be received. 
 
The Tax Commissioner could adopt and promulgate rules and regulations to carry out the Act. 
 
The bill would become operative January 1, 2025. 
 
The Department of Revenue (DOR) estimates the following increase to General Fund expenditures from people staying in one 
homestead for at least 40 years as a result of the bill: 
• FY25: $0 
• FY26: $11,420,000 
• FY27: $12,110,000 
 
The DOR estimates a one-time cost of $ 368,964 to be paid to the Office of the Chief Information Officer (OCIO) with annual 
maintenance costs of $73,792 as a result of the bill. The DOR estimates 1.0 FTE IT Business Systems Analyst and 1.0 FTE Revenue 
Tax Specialist in FY25 as a result of the bill. In subsequent years, the DOR estimates 0.5 IT B	usiness Systems Analyst and 1.0 FTE 
Revenue Tax Specialist. 
 
 
 
PAGE 1 
LB 75_01  PAGE 2 
LB 75_01 
 
There is no basis to disagree with these estimates by the DOR. However, the DOR does not assume any salary or benefits increases 
for FY25-26 and FY26-27 for the additional personnel needed pursuant to this bill’s provisions. While the actual salary and health 
insurance increases for FY25-	26 and thereafter are not yet determined, it is important to note that any additional personnel in FY24-	25 
will have ongoing rising costs associated with salary and health insurance increases, which are normally addressed in the biennial 
budget process for all bargaining and non-bargaining employees. 
 
Responding counties estimate IT costs to make the changes required by this bill and additional personnel to process the increase in 
homestead applications. 
 
 
 
 
 
ADMINISTRATIVE SERVICES STATE BUDGET DIVISION: REVIEW OF AGENCY & POLT. SUB. RESPONSE    
LB: 75               AM:                                  AGENCY/POLT. SUB: Tax Equalization & Review Commission 
   
REVIEWED BY:  	Neil Sullivan                     DATE: 7/30/2024                                          	PHONE: (402) 471-4179 
   
COMMENTS: The Tax Equalization & Review Commission assessment of no fiscal impact from LB 75 appears reasonable.    
  
  Please complete ALL (5) blanks in the first three lines. 	2024 
LB
(1) 75—Special Session 	FISCAL NOTE 
 
State Agency OR Political Subdivision Name: 
(2) 
Douglas County Assessor/Register of Deeds Office 
 
Prepared by: 
(3) Michael Goodwillie Date Prepared: 
(4)
 7/30/2024 Phone: 
(5)
 402 444-6703 
 
                                           ESTIMATE PROVIDED BY STATE AGENCY OR POLITICAL SUBDIVISION  
                                
 	FY 2024-25 	FY 2025-26 
 EXPENDITURES REVENUE EXPENDITURES REVENUE 
GENERAL FUNDS 
 
$93,100.80     
 
CASH FUNDS 
 
    
 
FEDERAL FUNDS 
 
    
 
OTHER FUNDS 
 
    
 
TOTAL FUNDS 
 
$93,100.80     $95,422.32 
 
 Explanation of Estimate: 
 
LB 75 would provide a full exemption (a taxable value of zero) for people who have owned a homestead in 
Nebraska for at least 40 years and resides in a Nebraska homestead as of January 1 of the assessment year.  
For this bill homestead is defined in Neb. Rev. Stat. Section 77-	3202 as a residence or mobile home actually 
occupied by a person who is the record owner from January 1 to August 15 each year.  LB 75 requires an 
application to the assessor’s office on a form prescribed by the Tax Commissioner.  Although it uses the term 
“homestead” it seems to have neither an income or a valuation test for eligibility.  So, if a person who owns and 
lives in a house in Nebraska has done so for at least forty years, they would qualify for full exemption. Any “tax 
loss” under this program would be reimbursed from the State of Nebraska to the local political subdivisions.  
 
The difficulty in estimating administrative costs or tax impacts for LB 75 is that assessment offices don’t keep 
track of how long someone has owned a property, let alone multiple properties, potentially in several counties, 
over a forty year span.  If you purchased your first home in your mid-	twenties, by the time you hit 65, you might 
qualify under LB 75, so some of the people who would fit under LB 75 may already be getting homestead 
under the current system.  Because there is no eligibility test based on income or value, LB 75 would 	open the 
door to additional applicants who might not qualify based on their income currently or who may own houses 
whose value exceeds the maximum value for eligibility in Douglas County (currently a little more than 
$507,000).    
 
Using the over-65 class for the current homestead exemption program as a surrogate for 40-	year home 
ownership, for 2023, there were 717 applications that were denied from the over 65 class 	based on either 
income or value.  To 	the extent some of those people owned a homestead in Nebraska for 40 years, those 
would be potential additional applications under LB 75.  What is harder to estimate are those who might qualify 
under LB 75 who have not applied in previous years because it was obvious they would not qualify under the 
existing homestead program.  
 
US Census Bureau indicates 106,997 owner-occupied homes in Douglas County.  The percentage of those 
over 65 in the county is 14.3%.  Assuming that proportion applies to owner-occupied homes, the universe of 
potential applicants under LB 75 would be 15,300, In 2023, there were 11,269 	homesteads granted to the 
over-65 classification.  When added to the 717 	denials, there were 11,986 	applications from that class for 
which there were no issues with ownership or occupancy	.  Potentially then, there could be an additional 3,314 
applications filed under LB 75, over and above what our office already gets for the current homestead 
exemption program.  The review of these may be complicated by the potential for the applicant to have owned 
multiple houses in Nebraska, adding up to forty years of home ownership.  To the extent there was some 
verification process to confirm that ownership history, each application would require a follow-up, probably with 
the local recording office to verify ownership and that would be time consuming.  Therefore, given the potential  for new applicants and the effort involved in verifying ownership information, our office think we would need 
two additional staffers for application review. 
 
As for the potential tax loss, if all of those possible new applicants apply, using the average value for 2023 of a 
single family residence in Douglas County ($253,990 x 3,314) that represents $841,722,860 	in value and, at a 
2.245 % rate, a tax loss to be reimbursed by the state of $18,896,678.    
 
 
 
 
 
 
 
 
_____________________________________________________________________________________________________ 	_ 
BREAKDOWN BY MAJOR OBJECTS OF EXPENDITURE 
Personal Services:      
POSITION TITLE 
NUMBER OF POSITIONS 
24-25               25-26 
2024-25 
EXPENDITURES 
2025-26 
EXPENDITURES 
Assessor Support Tech  2 2 $93,100.80   $95,422.32  
   
Benefits………………………………...……    
Operating…………………………...……….    
Travel……………………………………….	.    
Capital outlay…………………...…………..    
Aid…………………………………………...    
Capital improvements……………………...    
      TOTAL……………………………… .....   $93,100.80   $95,422.32  
  Please complete ALL (5) blanks in the first three lines. 	2024 
LB
(1) 75 	FISCAL NOTE 
 
State Agency OR Political Subdivision Name: 
(2) 
Lancaster County Assessor/Register of Deeds 
 
Prepared by: 
(3) Dan Nolte 	Date Prepared: 
(4)
 07/30/24 Phone: 
(5)
 402-441-7463 
 
                                           ESTIMATE PROVIDED BY STATE AGENCY OR POLITICAL SUBDIVISION  
                                
 	FY 2024-25 	FY 2025-26 
 EXPENDITURES REVENUE EXPENDITURES REVENUE 
GENERAL FUNDS 
 
75,000   65,000  
 
CASH FUNDS 
 
    
 
FEDERAL FUNDS 
 
    
 
OTHER FUNDS 
 
    
 
TOTAL FUNDS 
 
    
 
 Explanation of Estimate: 	$10,000 for computer programming changes, $65,000 for additional staff person to process and 
verify applications. Estimates could be l ow based on amount of time necessary to research. 
 
 
 
 
 
 
 
 
 
 
_____________________________________________________________________________________________________ 	_ 
BREAKDOWN BY MAJOR OBJECTS OF EXPENDITURE 
Personal Services:      
POSITION TITLE 
NUMBER OF POSITIONS 
24-25               25-26 
2024-25 
EXPENDITURES 
2025-26 
EXPENDITURES 
   
   
Benefits………………………………...……    
Operating…………………………...……….    
Travel………………………………………..    
Capital outlay…………………...…………..    
Aid…………………………………………...    
Capital improvements……………………...    
      TOTAL……………………………… .....    
  Please complete ALL (5) blanks in the first three lines. 	2024 
LB
(1) 75 	FISCAL NOTE 
 
State Agency OR Political Subdivision Name: 
(2) 
Lancaster County (Budget & Fiscal) 
 
Prepared by: 
(3) Kevin Nelson 	Date Prepared: 
(4)
 7/30/2024 Phone: 
(5)
 402-441-7448 
 
                                          ESTIMATE PROVIDED BY STATE AGENCY OR POLITICAL SUBDIVISION  
                                
 	FY 2024-25 	FY 2025-26 
 EXPENDITURES REVENUE EXPENDITURES REVENUE 
GENERAL FUNDS 
 
    
 
CASH FUNDS 
 
    
 
FEDERAL FUNDS 
 
    
 
OTHER FUNDS 
 
    
 
TOTAL FUNDS 
 
    
 
 Explanation of Estimate: 
 
The passage of this this bill would result in a decrease 	in commissions collected for properties that receive the 
long-term owner homestead exemption.  The amount of this lost revenue cannot be easily determined at this 
time.  Lost property tax revenue would be reimbursed by the State of Nebraska.  This bill would have m	inimal 
fiscal impact on the expenditures of Lancaster County	. 
 
 
 
 
 
 
 
 
_____________________________________________________________________________________________________ 	_ 
BREAKDOWN BY MAJOR OBJECTS OF EXPENDITURE 
Personal Services:      
POSITION TITLE 
NUMBER OF POSITIONS 
24-25               25-26 
2024-25 
EXPENDITURES 
2025-26 
EXPENDITURES 
   
   
Benefits………………………………...……    
Operating…………………………...……….    
Travel………………………………………..    
Capital outlay…………………...…………..    
Aid…………………………………………...    
Capital improvements……………………...    
     TOTAL ………………………………...	..    
  LB 75 	Fiscal Note  2024 
 	State Agency Estimate  
State Agency Name: Department of Revenue  	Date Due LFO: 
Approved by: James R. Kamm 	Date Prepared: 08/06/2024 	Phone: 471-5896  
 	FY 2024-2025 FY 2025-2026 FY 2026-2027 
 	Expenditures Revenue Expenditures Revenue Expenditures Revenue 
General Funds 	$540,764   $11,615,992   $12,305,992  
Cash Funds         
Federal Funds         
Other Funds         
Total Funds 	$540,764   $11,615,992   $12,305,992  
    
 
 	Major Objects of Expenditure  
  	24-25 25-26 26-27 24-25 25-26 26-27 
Class Code 	Classification Title 	FTE FTE FTE Expenditures Expenditures Expenditures 
A07081 Information Technology Business Systems Analyst 1.0 0.5 0.5 $59,600 $29,800 $29,800 
A29621 Revenue Tax Specialist 	1.0 1.0 1.0 $62,100 $62,100 $62,100 
      
      
      
Benefits…………………………………………………………………………………………………………. $40,100 $30,300 $30,300 
Operating Costs…………………………………………………………………………………………………. $368,964 $73,792 $73,792 
Travel……………………………………………………………………………………………………………    
Capital Outlay…………………………………………………………………………………………………... $10,000   
Capital Improvements…………………………………………………………………………………………...    
Total……………………………………………………………………………………………………………. $540,764 $195,992 $195,992 
 
LB 75 creates the Long-Term Owner Homestead Exemption Act (Act). The Act creates a new homestead 
exemption that values the homestead of a qualified owner at zero dollars for purposes of any political subdivision 
taxing. LB 75 defines a qualified owner as an owner who has owned a homestead(s) in Nebraska for at least forty 
years as of January 1 of the current assessment year and resides in Nebraska at that time. The Tax Commissioner 
creates the application form for counties to use. If granted the exemption, an owner is only required to file a 
subsequent application in years evenly divisible by 5. An individual who qualifies under this program is NOT 
eligible for a homestead exemption under the current homestead statutes (77-3501 to 77-3529). 
The county treasurer and county assessor certify to the Tax Commissioner the total tax revenue lost due to this 
exemption on or before November 30 of each year. The Tax Commissioner then notifies the Director of 
Administrative Services of this amount on or before January 1. Reimbursement of the funds will be distributed in 
six as nearly as possible equal monthly payments on the last business day of each month beginning in January. 
The Director of Administrative Services is responsible for issuing the funds to the counties.  
The Tax Commissioner has the authority to adopt and promulgate regulations to carry out the new program. 
It is estimated that LB 75 will have the following impact on the General Fund expenditures: 
 
 
LB 75 will require a one-time programming change of $368,964 paid to OCIO for development, followed by 
annual maintenance costs of $73,792. Additionally, staffing demands include 1.0 FTE tax specialist and 1.0 FTE 
IT Business Analyst in the first year, reducing to 0.5 FTE for the IT analyst in subsequent years. 
Fiscal Year 
General Fund 
expenditures 
FY2024-25 $                             -   
FY2025-26 $               11,420,000  
FY2026-27 $               12,110,000   LB 75, page 2 	Fiscal Note 2024 
 
The operative date for this bill is January 1, 2025.