Nebraska 2025 2025-2026 Regular Session

Nebraska Legislature Bill LB130 Introduced / Fiscal Note

Filed 03/11/2025

                    PREPARED BY: Keisha Patent 
LB 130 DATE PREPARED: March 10, 2025 
PHONE: 	402-471-0059 
    
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  See below   
CASH FUNDS     
FEDERAL FUNDS     
OTHER FUNDS  See below   
TOTAL FUNDS     
 
Any Fiscal Notes received from state agencies and political subdivisions are attached f	ollowing the Legislative Fiscal Analyst Estimate. 
 
LB 130 amends section 77-4602 	regarding automatic transfers to the Cash Reserve Fund from the General Fund if actual fiscal year 
net receipts exceed estimated net receipts (certified forecast). LB 130 reinstates a similar formula to that previously enacted in LB 638 
(2019), which was in effect for FY2023 -24.  
 
Current forecasted net 	receipts for FY25 are $100 million more than certified forecast (certification in October of 2024 under 77-
4603(2)) . Under current law, this $100 million is to be credited to the Cash Reserve Fund.  
 
Under this bill, this $100 million is the amount calculated 	under subsection (3)(a)(i). The calculation in subsection (3)(a)(ii) is estimated 
at this time to be a negative number. Under subsection (3)(b), $100 million would be transferred to the Cash Reserve Fund at the 
beginning of FY2025-26. 
 
However, the language 	in subsection (3)(d) operates as a cap on the amount that would be automatica	lly transferred to the Cash 
Reserve Fund, reducing the transfer so that 	the balance in the Cash Reserve Fund does not exceed 	16% of total budgeted General 
Fund expenditures, excluding any reappropriated amounts or encumbrances. For purposes of this fiscal 	note, we utilize the General 
Fund new appropriations for FY2025-26 on the 	current General Fund financial status ($5.569 billion) and the estimated balance of the 
Cash Reserve Fund on July 1, 2025 	($877.2 million). The estimated balance in the Cash Reserve Fund on July 1, 2025	, at this point in 
time, is 15.75% of FY2025- 26 General Fund new appropriations. The transfer from the General Fund would be reduced from $100 
million to $13.9 million, a reduction of $86.1 million, so 	the balance in the Cash Reserve Fund does not exceed 16% of FY2025-26 
General Fund new appropriations. The $86.1 million would be retained in the General Fund.  
 
At this point in time, there is no fiscal impact for future fiscal years as there is no estimate that actual revenue would exceed the 
revenue forecast and a certified forecast under 77-4601 	is not completed for each fiscal year until the beginning of such year.   
 
 
 
ADMINISTRATIVE SERVICES STATE BUDGET DIVISION: REVIEW OF AGENCY & POLT. SUB. RESPONSE 
LB: 130              AM:                                 AGENCY/POLT. SUB: State Treasurer 
REVIEWED BY:  	Ryan Yang                     DATE: 1/17/2025                                          PHONE: (402) 471-4178 
COMMENTS: The State Treasurer assessment of no fiscal impact from LB 130 appears reasonable. 
  
ADMINISTRATIVE SERVICES STATE BUDGET DIVISION: REVIEW OF AGENCY & POLT. SUB. RESPONSE 
LB: 130              AM:                                  AGENCY/POLT. SUB: Department of Revenue 
REVIEWED BY:  	Ryan Yang                    DATE: 3/10/2025                                         PHONE: (402) 471-4178 
COMMENTS: The Department of Revenue assessment of no fiscal impact from LB 130 appears reasonable. 
  
  LB 0130 	Fiscal Note 2025 
 	State Agency Estimate  
State Agency Name: Department of Revenue  	Date Due LFO: 
Approved by: James R. Kamm 	Date Prepared: 03/07/2025 	Phone: 471-5896  
 	FY 2025-2026 FY 2026-2027 FY 2027-2028 
 	Expenditures Revenue Expenditures Revenue Expenditures Revenue 
General Funds  $ 0   $ 0   $ 0 
Cash Funds         
Federal Funds         
Other Funds         
Total Funds  $ 0   $ 0   $ 0 
    
 
 	Major Objects of Expenditure  
  	25-26 26-27 27-28 25-26 26-27 27-28 
Class Code 	Classification Title 	FTE FTE FTE Expenditures Expenditures Expenditures 
      
      
      
      
      
Benefits………………………………………………………………………………………………………….    
Operating Costs………………………………………………………………………………………………….    
Travel……………………………………………………………………………………………………………    
Capital Outlay…………………………………………………………………………………………………...    
Capital Improvements…………………………………………………………………………………………...    
Total…………………………………………………………………………………………………………….    
 
LB 130 amends Neb. Rev. Stat. § 77-	4602(3)(a) to require the Tax Commissioner to determine the following with 
15 days after the end of each fiscal year: 
• (i) Actual General Fund net receipts for the most recently completed fiscal year minus estimated General 
Fund net receipts for such fiscal year as certified under §§ 77-	4601 and 77-4603; and 
• (ii) 50% of the product of actual General Fun net receipts for the most recently completed fiscal year times 
the difference between the annual percentage increase in the actual General Fund net receipts for the most 
recently completed fiscal year and the average annual percentage increase in the actual General Fund net 
receipts over the 20 previous fiscal years, excluding the year in which the annual percentage change in 
actual General Fund net receipts is the lowest. 
 
If the number under section 77-	4602(3)(a)(i) is a positive number, 	the Tax Commissioner must immediately 
certify the greater of the two numbers determined under subdivision (3)(a) to the Director of Administrative 
Services. The State Treasurer must transfer the certified amount from the General Fund to the Cash Reserve Fund 
upon certification by the director. The transfer must be made as follows: 
• (i) An amount equal to the amount determined under subdivision (3)(a)(i) must be transferred 
immediately; and 
• (ii) The remainder, if any, must be transferred by the end of the subsequent fiscal year.  
 
If the required transfer causes the Cash Reserve Fund balance to exceed 16% of the total budgeted General Fund 
expenditures, excluding any reappropriated amounts or encumbrances, for the current fiscal year, such transfer 
must be reduced so that the balance of the Cash Reserve Fund does not exceed such amount.  
 
Nothing in Neb. Rev. Stat. § 77-	4602(3), as amended by LB 130, prohibits the balance in the Cash Reserve Fund 
from exceeding 16% of the total budgeted General Fund expenditures, excluding any reappropriated amounts or 
encumbrances, each fiscal year if the Legislature 	determines it is necessary to prepare for and respond to 
budgetary requirements which may include, but are not limited to, capital construction projects and responses to 
emergencies. 
 
LB 130 is estimated to have no impact on the General Fund revenues and no cost to the Nebraska Department of 
Revenue.   Please complete ALL (5) blanks in the first three lines. 	2025 
LB
(1) 130 	FISCAL NOTE 
 
State Agency OR Political Subdivision Name: 
(2) 
State Treasurer 
 
Prepared by: 
(3) Jason Walters Date Prepared: 
(4)
 January 15, 2025 Phone: 
(5)
 402-471-2793 
 
                                          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: 
The State Treasurer’s Office doesn’t expect any fiscal impact from LB 130 to the office. 
 
 
 
 
 
 
 
 
 
 
_____________________________________________________________________________________________________ 	_ 
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……………………………… .....