Nebraska 2025 2025-2026 Regular Session

Nebraska Legislature Bill LB184 Introduced / Fiscal Note

Filed 01/22/2025

                    PREPARED BY: John Wiemer 
LB 184 DATE PREPARED: January 22, 2025 
PHONE: 	402-471-0051 
    
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     
CASH FUNDS     
FEDERAL FUNDS     
OTHER FUNDS     
TOTAL FUNDS     
 
Any Fiscal Notes received from state agencies and political subdivisions are attached following the Legislative Fiscal Analyst Estimate. 
 
LB 184 provides that no tobacco stor	e would be able to sell, offer for sale, or distribute 	any object containing nitrous oxide in any form 
or willingly allow such an object to be taken from such store by any person. A person holding specified licensing for a tobacco specialty 
store who violates this would be g	uilty of misdemeanors and be subject to the additional penalty of revocation and forfeiture of such 
license, at the discretion of the court before wh	om the complaint for the violation may be heard. All objects containing nitrous oxide that 
would be sold, offered for sale, given, or furnished in violation of this section would be subject to seizure, forfeiture, and destruction. 
The cost of such seizure, forfeiture	, and destruction 	would be borne by the person from who the products are seized. 
 
The bill provides that a person holding the specified license could not	, by delivery sale, sell, give, or furnish to any consumer in this 
state any object containing nitrous oxide in any form. A violation of this would be a Class I misdemeanor. Any common carrier that 
knowingly transports any object containing nitrous oxide in any form for a person who is in violation is guilty of a Class I Misdemeanor. 
In addition to any other penalty, a violation of this section would constitute a deceptive trade practice under the Uniform Deceptive 
Trade Practices Act and would be subject to any remedies or penalties av	ailable for a violation of such act. All objects containing 
nitrous oxide that would be sold, offered for sale, given, or furnished in violation of this section would be subject to seizure, forfeiture, 
and destruction and could not be purchased or sold in the state. The cost of such seizure, forfeiture, and destruction would be borne by 
the person from who the products are seized. 
 
Section 6 provides that a person could not sell, offer for sale, or distribute an object that is specifically designed for inhaling nitrous 
oxide for recreational purposes or that the person knows will be used to inhale nitrous oxide for recreation	al purposes. A violation would 
result in misdemeanors. All objects containing n	itrous oxide that would be sold, offered for sale, given, or furnished in violation of this 
section would be subject to seizure, forfeiture and destruction. The cost of such seizure, forfeiture, and destruction would be borne 	by 
the person from whom the products are seized. 
 
The Department of Revenue estimates a minimal impact to General Fund revenues as a result of this bill. There is no basis to disagree. 
 
The Nebraska State Patrol estimates no fiscal impact from this bill. There is no basis to disagree. 
 
The Supreme Court est imates minimal fiscal impact to provide judicial education. There is no basis to disagree. 
 
We estimate a minimal fiscal impact to revenue credited to the Tobacco Products Administration Cash Fund	.  
 
 
ADMINISTRATIVE SERVICES STATE BUDGET DIVISION: REVIEW OF AGENCY & POLT. SUB. 
RESPONSE 
   
LB:   184                AM:                         AGENCY/POLT. SUB: Department of Revenue 
   
REVIEWED BY:     Jacob Leaver                           DATE:   1/21/2025                                PHONE: (402) 
471-4173 
   
COMMENTS: Concur with the Department of Revenue’s estimate of minimal fiscal impact as a result 
of LB 184. 
   
  
  
  
  Please complete ALL (5) blanks in the first three lines. 	2025 
LB
(1) 184 	FISCAL NOTE 
 
State Agency OR Political Subdivision Name: 
(2) 
Nebraska State Patrol 
 
Prepared by: 
(3) Carol Aversman Date Prepared: 
(4)
 01/21/2025 Phone: 
(5)
 402-471-4545 
 
                                           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……………………………… .....    
  LB 0184 	Fiscal Note 2025 
 	State Agency Estimate  
State Agency Name: Department of Revenue  	Date Due LFO: 
Approved by: James R. Kamm 	Date Prepared: 01/17/2025 	Phone: 471-5896  
 	FY 2025-2026 FY 2026-2027 FY 2027-2028 
 	Expenditures Revenue Expenditures Revenue Expenditures Revenue 
General Funds  Minimal   Minimal   Minimal 
Cash Funds         
Federal Funds         
Other Funds         
Total Funds  Minimal   Minimal   Minimal 
    
 
 	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 184 would prevent any tobacco specialty store (store that generates 75% of income from 
tobacco/nicotine/tobacco related product sales and prevents entry to those under the age of 21 without an adult) 
from selling or willingly allowing to be taken from the store (gift with purchase) any objects containing nitrous 
oxide. Doing so would be misdemeanor and affect licensing.  
 
It is estimated that this bill will have minimal impact on General Fund revenues.  
 
LB 184 operative date is 90 days after signing.  
 
  Please complete ALL (5) blanks in the first three lines. 	2025 
LB
(1) 184 	FISCAL NOTE 
 
State Agency OR Political Subdivision Name: 
(2) 
05 Supreme Court 
 
Prepared by: 
(3) Eric Asboe 	Date Prepared: 
(4)
 1/21/2025 Phone: 
(5)
 402-326-9215 
 
                                          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: 
 
Minimal impact to provide judicial education. No additional resources required. 
 
 
 
 
 
 
 
 
_____________________________________________________________________________________________________ 	_ 
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……………………………… .....