PREPARED BY: John Wiemer LB 209 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 209 would make changes to clarify language for the property tax exemption regarding skilled nursing facil ities, nursing facilities, and assisted-living facilities. The bill also would make changes to section 77-3506 so that those assigned a total disability rating for compensation pursuant to 38 C.F.R. 4.16 would receive 100% of the exempt amount as the exemption for their homestead under the Homestead Program. This bill contains the emergency clause. The Department of Revenue estimates minimal impact on General Fund expenditures and minimal costs to it as a result of the bill. There is no basis to disagree with these estim ates. Political subdivisions would be reimbursed for revenue losses associated with exemptions as a result of this bill. ADMINISTRATIVE SERVICES STATE BUDGET DIVISION: REVIEW OF AGENCY & POLT. SUB. RESPONSE LB: 209 AM: AGENCY/POLT. SUB: L ancaster County Assessor/Register of Deeds REVIEWED BY: Ryan Yang DATE: 1/16/2025 PHONE: (402) 471-4178 COMMENTS: The Lancaster County Assessor/Register of Deeds assessment of no fiscal impact from LB 209 appears reasonable. Please complete ALL (5) blanks in the first three lines. 2025 LB (1) 209 FISCAL NOTE State Agency OR Political Subdivision Name: (2) Douglas County Assessor/Register of Deeds Prepared by: (3) Michael Goodwillie Date Prepared: (4) 1/21/2025 Phone: (5) 402-444-6703 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 0 0 0 o Explanation of Estimate: LB 209 does two things: It seeks to clarify a property tax exemption created last year and it adds a group to those veterans entitled to a homestead exemption for the full value of their property, regardless of the value of the home or their income. The bill adds the words “for-profit” to the exemption created last year for “any” skilled nursing facility, nursing facility, or assisted living facility. Because the Legislature used the word “any” last year and because the state supreme court has ruled that nonprofit nursing homes and assisted-living facilities qualify for property tax exemption in the past, the common understanding was that the exemption, based on the percentage of Medicaid beds at the facility, would apply to for-profit entities. That was certainly the view expressed by the Department of Revenue in materials it shared with county assessment offices about new exemptions in 2025. Because the bill does not affect existing practice in this office, there is no additional administrative cost to this office associated with the bill. The second part of the bill adds a group of veterans to the class that can receive a homestead exemption for the total value of their home, without regard to the value of that home or their income. (Value and income are means tests for a number of classes of people seeking homestead exemption.) The group would be those assigned a total disability rating for compensation pursuant to 38 C.F.R. 4.16. That regulation includes those whose service-connected disability renders them unable to secure or follow a substantially gainful occupation. From the regulation, it appears to be less than a 100% total disability rating, but at least 60% or, if more than one disability, one shall be at least 40% and the other needs to bring the total disability rating to 70% or more. Adding any additional classes of applicants to homestead will add to staff time. Currently, our office has nine people in the section that reviews homestead applications and last year we had over 14,500 in the homestead program. It is hard to estimate how many new applicants there may be—we have reached out to Benson Elmore, the County Veterans Service Officer for an estimate of how many potential applicants there would be under the bill. Of course, even with a raw number of veterans who fit the new category, they also would have to be homeowners, which would limit the pool of the applicants. At this point, depending on the numbers we might get on this from Mr. Elmore, we think there would not be so many applicants as to require additional staffing. So, at this time, we see no fiscal impact 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 EXPENDITURE S Benefits………………………………...…… Operating…………………………...………. Travel……………………………………….. Capital outlay…………………...………….. Aid…………………………………………... Capital improvements……………………... TOTAL……………………………… ..... Please complete ALL (5) blanks in the first three lines. 2025 LB (1) 209 FISCAL NOTE State Agency OR Political Subdivision Name: (2) Nebraska Association of County Officials Prepared by: (3) Elaine Menzel Date Prepared: (4) 1/20 /2025 Phone: (5) 402.434.5660 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: LB209 would provide for exemptions under the Personal Property Tax Relief Act. For tax years after 2024, the county assessor would be required to prepare an abstract of the property assessment rolls of locally assessed personal property. Other restored duties would be performed by the Property Tax Administrator. The fiscal impact would be minimal. _____________________________________________________________________________________________________ _ 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 209 Fiscal Note 2025 State Agency Estimate State Agency Name: Department of Revenue Date Due LFO: Approved by: James R. Kamm Date Prepared: 01/21/2025 Phone: 471-5896 FY 2025-2026 FY 2026-2027 FY 2027-2028 Expenditures Revenue Expenditures Revenue Expenditures Revenue General Funds See Below See Below See Below Cash Funds Federal Funds Other Funds Total Funds See Below See Below See Below 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 209 deals with changes to homestead exemption for veterans. Currently, veterans who are permanently and totally physically disabled are entitled to a homestead exemption. These veterans are rated at 100% physically disabled by the Veterans Affair (VA). However, what is less clear is how veterans who have a less than a VA 100% permanently and total physical disabled rating should be treated when the veteran has a status of Individual Unemployability (IU). IU indicates that the veteran is unable to secure or follow gainful employment due to a service- connected disability and as a result the veteran is paid VA compensation at the level of a 100% permanently and total physical disabled rating. Since there has been inconsistent treatment of IU veterans, this proposed amendment gives clarification by explicitly granting a homestead exemption to IU veterans. LB 209 also addressed property tax exemptions for profit and nonprofit nursing facilities. The bill clarifies the difference between how for profit and nonprofit nursing facilities are treated when it comes to property tax exemptions. This language clarifies changes made by LB 1317 in 2024 and is consistent with how county assessor offices are implementing the exemption. A portion of veterans eligible under LB 209 may already be encompassed within the existing homestead program. Consequently, the precise fiscal impact of LB 209 remains indeterminate. However, it is anticipated that the effect on General Fund expenditures would be minimal. It is estimated that there will be minimal costs to the Department of Revenue to implement this bill. This bill contains an emergency clause and becomes law upon enactment. Please complete ALL (5) blanks in the first three lines. 2025 LB (1) 209 FISCAL NOTE State Agency OR Political Subdivision Name: (2) Lancaster County Assessor/Register of Deeds Prepared by: (3) Dan Nolte Date Prepared: (4) 01/15/25 Phone: (5) 402-441-7463 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 proposed legislation will have no fiscal imp act on this 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……………………………… .....