PREPARED BY: Scott Danigole
LB 204 DATE PREPARED: March 14, 2025
PHONE: 402-471-0055
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 204 is the Biometric Autonomy Liberty Law. Section 2 provides Legislative findings. Section 3 provides definitions.
Section 4 states that biometric data is the property of the individual from whom the data was originally collected and an individual may
sell the right to use his or her biometric data or otherwise consent to its use.
Section 5 prohibits any private or public entity from requiring or coercing any individual to be subject to any implantable device.
Sections 6 and 7 prohibit a private entity from requiring or coercing any individual to wear or be subject to a device of any kind that
collects biometric data or submit to the collection of biometric data.
Sections 8 and 9 re quire any controller or processor that is a private ent ity from collecting or possessing biometric data in a manner that
is secure and portable. Such entities shall develop and make available to the public a written policy establishing a retention schedule
and guidelines for permanently destroying such data.
Section 10 requires written consent from the individual or the individual’s legal guardian or legally authorized representative.
Section 12 prohibits private entities from selling, leasing, trading, or using biometric data without the prior written consent of the
individual.
Section 18 provides for an exemption from sections 6 through 11 for biometric data possessed for a security purpose.
The Department of Health and Human Services indica tes the bill would require several changes related to data collected by the
Department and could jeopardize certain federal funds. There is no basis to disagree with this analysis.
ADMINISTRATIVE SERVICES STATE BUDGET DIVISION: REVIEW OF AGENCY & POLT. SUB. RESPONSE
LB: 204 AM: AGENCY/POLT. SUB: Supreme Court
REVIEWED BY: Jacob Leaver DATE: 3/13/2025 PHONE: (402) 471-4173
COMMENTS: Concur with the Supreme Court’s estimate of minimal fiscal impact as a result of LB 204.
ADMINISTRATIVE SERVICES STATE BUDGET DIVISION: REVIEW OF AGENCY & POLT. SUB. RESPONSE
LB: 204 AM: AGENCY/POLT. SUB: Attorney General
REVIEWED BY: Jacob Leaver DATE: 1/17/2025 PHONE: (402) 471-4173
COMMENTS: No basis to dispute the Attorney General’s estimate of no fiscal impact as a result of LB 204.
ADMINISTRATIVE SERVICES STATE BUDGET DIVISION: REVIEW OF AGENCY & POLT. SUB. RESPONSE
LB: 204 AM: AGENCY/POLT. SUB: Department of Health and Human Services
REVIEWED BY: Jacob Leaver DATE: 3/13/2025 PHONE: (402) 471-4173
COMMENTS: Concur with the Department of Health and Human Services’ indeterminable fiscal impact as a result
of LB 204.
ADMINISTRATIVE SERVICES STATE BUDGE T DIVISION: REVIEW OF AGENCY & POLT. SUB. RESPONSE
LB: 204 AM: AGENCY/POLT. SUB: University of Nebraska
REVIEWED BY: Jacob Leaver DATE: 1/21/2025 PHONE: (402) 471-4173
COMMENTS: Concur with the University of Nebraska’s estimate of no fiscal impact as a result of LB 204.
ADMINISTRATIVE SERVICES STATE BUDGET DIVISION: REVIEW OF AGENCY & POLT. SUB. RESPONSE
LB: 204 AM: AGENCY/POLT. SUB: Department of Administrative Services
REVIEWED BY: Jacob Leaver DATE: 1/23/2025 PHONE: (402) 471-4173
COMMENTS: Concur with the Department of Administrative Services estimate of no fiscal impact as a result of LB 204.
Please complete ALL (5) blanks in the first three lines. 2025
LB
(1) 204 FISCAL NOTE
State Agency OR Political Subdivision Name:
(2)
Department of Administrative Services (DAS)
Prepared by:
(3) Michael Donley Date Prepared:
(4)
1/16/2025 Phone:
(5)
402-471-4114
ESTIMATE PROVIDED BY STATE AGENCY OR POLITICAL SUBDIVISION
FY 2025-26 FY 2026-27
EXPENDITURES REVENUE EXPENDITURES REVENUE
GENERAL FUNDS
CASH FUNDS
FEDERAL FUNDS
REVOLVING
FUNDS
TOTAL FUNDS
Explanation of Estimate:
LB 204 would adopt the Biometric Autonomy Liberty Law. The Biometric Autonomy Liberty Law creates certain
rights and responsibilities related to biometric data (fingerprints, voice prints, retina images, iris images, other
unique biological patterns or characteristics). The Department of Administrative Services (DAS) does not currently
collect, store, or control biometric data.
LB 204 has no fiscal impact to the Department of Administrative Services.
_____________________________________________________________________________________________________ _
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(1) 204 FISCAL NOTE 2025
ESTIMATE PROVIDED BY STATE AGENCY OR POLITICAL SUBDIVISION
State Agency or Political Subdivision Name:(2) Department of Health and Human Services
Prepared by: (3) John Meals Date Prepared 3-13-25 Phone: (5) 471-6719
FY 2025-2026 FY 2026-2027
EXPENDITURES REVENUE EXPENDITURES REVENUE
GENERAL FUNDS
CASH FUNDS
FEDERAL FUNDS
OTHER FUNDS
TOTAL FUNDS SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Return by date specified or 72 hours prior to public hearing, whichever is earlier.
Explanation of Estimate:
LB204 would adopt the Biometric Autonomy Liberty Law, which sets parameters for the collection, use, and
handling of biometric data. Enactment of this bill would impact the Office of Economic Assistance (OEA), Child
Care and Development Fund program (CCDF), and Child Support Enforcement (CSE) program. Currently, the
Department of Health and Human Services (DHHS) is required to complete fingerprint background checks to
remain in compliance with federal and state laws.
Under CCDF federal requirements, all childcare staff and applicable household members must complete
fingerprinting for mandatory background checks to be licensed and enrolled in the childcare subsidy program.
These checks, including state and federal fingerprint checks, must be performed before hiring or allowing
someone to live in a childcare home and updated periodically (45 CFR §98.43(b)(1)). According to Neb. Rev.
Stat. §71-1912(5)(b), staff must undergo a national criminal history check at least once every five years.
Fingerprints are submitted to the Nebraska State Patrol (NSP), which sends them to the FBI for processing.
Providers seeking subsidy reimbursement must comply with these background check requirements, as failure
to do so may result in losing federal CCDF funding.
The Division of Public Health and Occupational Licensure Unit is involved in gathering biometric data through
fingerprinting for professional licenses. Findings are shared with providers and individuals. A new bill would require
DHHS to update agreements for current childcare providers by removing mandatory fingerprint background checks.
Additionally, updates are needed for various NAC titles and an amendment to the CCDF State Plan is required.
Once amended, the department would be placed out of compliance and on a corrective action plan that could
lead to a loss of up to 5% of federal CCDF funding annually; Public Health could lose access to approximately $3
million per year in funding to support child care licensing operations annually.
Under CSE federal regulations, the program must be able to access Federal Tax Information (FTI) to participate in
tax offset programs that allow CSE to intercept tax refunds for non- custodial parents who are behind on their child
support. In FY2023, CSE collected $9.023 million for Nebraska children through this program, making it essential for
DHHS. Without FTI access, DHHS could face disallowance or reductions in federal funds. CSE and a limited
number of OEA eligibility staff are required to undergo a criminal background check, including fingerprinting, to
access FTI. Loss of FTI would hinder DHHS’s ability to fully administer the CSE Program and verify eligibility for
public assistance programs. This would also limit collections such as federal tax offset payments paid to families
served by the child support program.
The bill would prevent the Department of Public Health from requiring fingerprint-based background checks for
licensing, impacting their ability to deny credentials based on lack of fingerprint information. To implement this bill,
the department would need to take the following steps: 1. Update application forms and the DHHS website to
reflect new fingerprint background check requirements. 2. Revise or repeal statutes authorizing fingerprint
background checks. 3. Collaborate with the NSP and FBI to cease fingerprinting for affected professions. 4. Notify
federal partners that Nebraska can no longer meet federal fingerprint requirements. 5. Inform licensure compacts
that Nebraska can no longer participate in those requiring fingerprint checks
The Data Office would need to assist in identify ing what biometric data could be collected and shared with or
by Occupational Licensing.
MAJOR OBJECTS OF EXPENDITURE
PERSONAL SERVICES:
NUMBER OF POSITIONS 2025-2026 2026-2027
POSITION TITLE 26-26 26-27 EXPENDITURES EXPENDITURES
Benefits...............................................................................................................................
Operating............................................................................................................................
Travel..................................................................................................................................
Capital Outlay.....................................................................................................................
Aid......................................................................................................................................
Capital Improvements.........................................................................................................
TOTAL............................................................................................................
SEE ABOVE SEE ABOVE
Please complete ALL (5) blanks in the first three lines. 2025
LB
(1) 204 FISCAL NOTE
State Agency OR Political Subdivision Name:
(2)
05 Supreme Court
Prepared by:
(3) Eric Asboe Date Prepared:
(4)
3/12/2025 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 fiscal impact to provide judicial and staff 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……………………………… .....
0204Adopt the Biometric Autonomy Liberty Law
__________________________________
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)
01/17/2025 Phone:
(5)
(402) 559-6300
ESTIMATE PROVIDED BY STATE AGENCY OR POLITICAL SUBDIVISION
FY 2025 - 26 FY 2026 - 27
EXPENDITURES REVENUE
GENERAL FUNDS
0.00 0.00
CASH FUNDS
0.00 0.00
FEDERAL FUNDS
0.00 0.00
OTHER FUNDS
0.00 0.00
TOTAL FUNDS
0.00 0.00
EXPENDITURES REVENUE
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
Explanation of Estimate:
No fiscal impact.
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 2026 - 27