Nebraska 2025 2025-2026 Regular Session

Nebraska Legislature Bill LB242 Introduced / Fiscal Note

Filed 03/04/2025

                    PREPARED BY: John Wiemer 
LB 242 DATE PREPARED: March 04, 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 242 amends the definition of allowable growth under section 13-518. 
 
The bill amends the Property Tax Growth Limitation Act. 
 
Under the bill, the preli	minary property tax request authority for each p	olitical subdivision shall be the amount of property taxes levied by 
the county board of equalization pursuant to section 77-	1601 for such political subdivision 	in the prior fiscal year, less the sum of 
exceptions utilized in the prior year pursuant to subdivisions (1) to (9) of section 13- 3404. 
 
In addition to the preliminary property tax request authority, the political subdivision	’s property tax request authority may be increased 
by: 
• The product of the amount of property taxes levied in the prior year , less the sum of exceptions utilized in the prior year 
pursuant to subdivisions (1) and (2) of section 13-3404 and the political subdivision’s growth percentage; and 
• The product of the amount of property taxes levied in the prior yea	r, less the sum of exceptions utilized in the prior year 
pursuant to subdivisions (1) and (2) of section 13-3404 	and the greater of zero or the inflation percentage. 
 
The bill amends section 13-3404 to add subsections (8) through (10) to what a political subdiv	ision may increase its property tax 
request authority by over the amount determined under section 13- 3403. 
 
Section 13-3405 is amended regarding elections for a political subdivision increasing its property tax request authority over the amount 
determined under section 13-	3403. Under the bill, upon receipt of such recommendation or legal voter 	petition, the county clerk or 
election commissioner shall place such issue on the ballot at the next regularly scheduled election or a special election called for suc	h 
purpose. 
 
Section 13-3406 is amended to add 	that a political subdivision may choose to convert its accumulated amount of unused restricted 
funds authority existing on June 30, 2025, as determined in accordance with section 13-521, into unused property tax request authority. 
The amount converted may then be used by the political subdivision as unused property tax request authority for fiscal years beginning 
on or after July 1, 2025. The amount converted shall not exceed 5% of the total property taxes levied for the political subdivision in 
calendar year 2024. 
 
The bill removes requirements for occupation taxes under section 18-	1208 for cities of the metropolitan class, primary class, first class, 
second class, and villages. Section 18-1208 is also amended s	o that no later than 90 days after the end of the fiscal year, each 
municipality that imposes a new occupation tax or increase	s the rate of an existing occupation tax on or after the effective date of the 
bill shall provide an annual report on the collection and use of such occupation tax. 
 
The bill amends section 77-1701 regarding what is to be included on county tax statements. 
 
The bill amends the School District Property Tax Relief Act. 
 
Under the bill, to determine the amount of the property tax credit for each parcel, the county treasurer shall multiply the amount 
disbursed to the county under subsection (4) of this section by the ratio of the school district taxes levied in the current year on the 
parcel to the school district taxes levied in the current year on all real property in the county. This is a change from prior year language 
under current law. The amount so determined shall be the 	property tax credit for the parcel. 
 
CONTINUED ON PAGE 2  LB 242 
PAGE 2 
 
The bill also amends the Act so that	, after retaining 1% of the amount received by the county for costs, the county treasurer shall 
disburse the remaining 	funds. 
 
The bill contains the emergency clause. 
 
The Auditor of Public Accounts estimates that it can handle 	changes under this bill within current resources. There is no basis to 
disagree with this estimate. 
 
The Department of Revenue estimates the bill will have no impact on General Fund revenues and no cost to it to implement the bill. 
There is no basis to disagree with this estimate. 
 
The Lancaster County T reasurer and the Nebraska Association of County Officials (NACO) estimate additional revenue to counties 
from the 1% fee added under the bill regarding the pr	operty tax credit connect ed to school districts. NACO also estimates a decrease i	n 
costs for counties connected to programming as a result of the bill.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ADMINISTRATIVE SERVICES STATE BUDGET DIVISION: REVIEW OF AGENCY & POLT. SUB. RESPONSE 
LB:  242                 AM:                              AGENCY/POLT. SUB: Depa rtment of Revenue 
REVIEWED BY:  	Ryan Yang                     DATE: 3/4/2025                                         	PHONE: (402) 471-	4178 
COMMENTS: The Department of Revenue assessment of no fiscal impact from LB 242 appears reasonable. 
  
ADMINISTRATIVE SERVICES STATE BUDGET DIVISION: REVIEW OF AGENCY & POLT. SUB. RESPONSE 
LB: 242                AM:                                   AGENCY/POLT. SUB: Lancaster County Treasurer 
REVIEWED BY:  	Ryan Yang                     DATE:  1/23/2025                                         	PHONE: (402) 471-4178 
COMMENTS: No basis to disagree with the Lancaster County Treasurer assessment of a fiscal impact from LB 242. 
  
ADMINISTRATIVE SERVICES STATE BUDGET DIVISION: REVIEW OF AGENCY & POLT. SUB. RESPONS E 
LB: 242                AM:                                   AGENCY/POLT. SUB: Nebraska Association of County Officials 
REVIEWED BY:  	Ryan Yang                     DATE:  1/23/2025                                          	PHONE: (402) 471-4178 
COMMENTS: No basis to disagree with the Nebraska Association of County Officials assessment of a fiscal impact 
from LB 242. 
  
ADMINISTRATIVE SERVICES STATE BUDGET DIVISION: REVIEW OF AGENCY & POLT. SUB. RESPONSE 
LB: 242                AM:                                  AGENCY/POLT. SUB: Nebraska Auditor of Public Accounts 
REVIEWED BY:  	Ryan Yang                     DATE:  1/16/2025                                           	PHONE: (402) 471-4178 
COMMENTS: No basis to disagree with the Nebraska Auditor of Public Accounts assessment of a manageable fiscal impact 
from LB 242. 
  
  Please complete ALL (5) blanks in the first three lines. 	2025 
LB
(1) 242 	FISCAL NOTE 
 
State Agency OR Political Subdivision Name: 
(2) 
Lancaster County, Nebraska 
 
Prepared by: 
(3) Dennis Meyer Date Prepared: 
(4)
 1/21/2025 Phone: 
(5)
 402-441-6869 
 
                                          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: 
 
LB34, recently passed during a special session, has yet to be fully implemented, and its effects have not been realized or 
analyzed in practice. While LB34 introduces mechanisms for property tax growth limitations and adjustments tied to 
growth and inflation percentages, the real-world financial impact on Lancaster County remains uncertain until it is 
actualized and operational. 
LB242 builds upon the property tax framework by broadening the allowable growth factors to include improvements to 
real property, annexation, changes in property use, and increases in personal property valuation. It also introduces 
additional flexibility by allowing adjustments for public safety agreements, behavioral health and substance abuse 
prevention, and matching state and federal grants. However, similar to LB34, LB242 requires voter approval to exceed the 
property tax lid, which could delay implementation of these provisions.  
 
Feature 	LB34 (2024) 	LB242 
 
 
Growth Factors 
 
 
Growth percentage, 
inflation. 
 
 
Broad factors including 
construction, annexation, and 
personal property. 
 
 
Public Safety Flexibility 
 
 
General budgetary 
flexibility. 
 
 
Adjustments for public safety 
threats and agreements. 
 
 
Voter Approval for Exceeding Lid 
 
 
Required for increases 
beyond limit. 
 
 
Required for increases beyond 
limit. 
 
 
Unused Authority Carryover 
 
 
Allowed (5% cap). 
 
 
Allowed (5% cap) with 
restricted fund conversion. 
 
 
Specific Adjustments for Grants 
 
 
Not mentioned. 
 
 
Includes matching state and 
federal grants. 
 
 
 
_____________________________________________________________________________________________________ 	_ 
BREAKDOWN BY MAJOR OBJECTS OF EXP	ENDITURE 
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……………………………… .....    
  Please complete ALL (5) blanks in the first three lines. 	2025 
LB
(1) 242 	FISCAL NOTE 
 
State Agency OR Political Subdivision Name: 
(2) 
 Lancaster County Treasurer 
 
Prepared by: 
(3) Rachel Garver Date Prepared: 
(4)
 Jan. 22, 2025 Phone: 
(5)
 402-441-7425 
 
                                           ESTIMATE PROVIDED BY STATE AGENCY OR POLITICAL SUBDIVISION  
                                
 	FY 2025-26 	FY 2026-27 
 EXPENDITURES REVENUE EXPENDITURES REVENUE 
GENERAL FUNDS 
 
  $1,086,276    $1,125,270 
 
CASH FUNDS 
 
    
 
FEDERAL FUNDS 
 
    
 
OTHER FUNDS 
 
    
 
TOTAL FUNDS 
 
  $1,086,276    $1,125,270 
 
 Explanation of Estimate: 
The revenue is the one percent fees retained by the county treasurer from the disbursement amount of the 
school tax credits from the State. 
It was calculated based on relief grant number s from 2024. Amount allocated to Lancaster County: 
$107,781,084 less the amount calculated to date to be returned to the State	: $3,331,475, netting in 
$104,449,609. Which if Lancaster was allowed to retain a one percent fee it would be $1	,044,496. The 
calculation for 25 -26 uses a four percent growth in the amount of relief granted 	less the approximate three 
percent returned to the State. The calculation for 26-27 was based a slightly less than 	a  3.6 percent growth in 
the relief granted. 
 
 
 
 
 
 
 
_____________________________________________________________________________________________________ 	_ 
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……………………………… .....    
  Please complete ALL (5) blanks in the first three lines. 	2025 
LB
(1) 242 	FISCAL NOTE 
 
State Agency OR Political Subdivision Name: 
(2) 
Nebraska Association of County Officials 
 
Prepared by: 
(3) Elaine Menzel Date Prepared: 
(4)
 1/21 /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: 
 
LB242 makes several technical changes to LB34 from last year’s special session. First, it harmonizes the 
definition of growth in the Budget Act with the definitions of growth in the Property Tax Growth Limitation Act 
and the Property Tax Request Act. It also makes a technical change to the calculation of any allowable 
increase to the political subdivision’s preliminary property tax request authority. It further provides exceptions to 
the property tax cap for: the amount of property taxes budgeted for substance abuse prevention and behavioral 
health; property taxes budgeted for matching state and federal grants; and property taxes needed to replace 
any revenue streams eliminated or reduced through legislative action. It also provides a transition for unused 
budget authority under the former lid on restricted funds to unused authority under the property tax cap. It 
clarifies how to calculate the amount of property taxes budgeted to fund public safety services, as that amount 
appears on the property tax statement. As a final matter, it makes explicit that the county treasurer retains 1% 
of the credits distributed under the School Property Tax Property Tax Relief Act and provides for application of 
credits determined by the prior year’s school property tax levies to taxes levied on parcels in the current year. 
 
The treasurer’s collection fee is 1% of a statewide distribution estimated to be $750 million in the 2025 property 
tax year. This would represent $7.5 million in commissions for counties statewide 	that would go to the county 
general fund. Changing the distribution of credits to taxes levied on parcels in the current year instead of the 
prior year will result in not having to program and sort from the prior year’s tax cycle. In 2024, such 
programming could have cost counties $18,000 	statewide. _____________________________________________________________________________________________________ 	_ 
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 0242 	Fiscal Note 2025 
 	State Agency Estimate  
State Agency Name: Department of Revenue  	Date Due LFO: 
Approved by: James R. Kamm 	Date Prepared: 02/28/2025 	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 242 amends the Property Tax Growth Limitation Act and changes how a political subdivision can increase its 
property tax authority by: 
1. The product of (a) the amount of property taxes levied in the prior year less the sum of exceptions used in 
the prior year for the amount of property taxes budgeted for approved bonds and needed to respond to an 
emergency in the prior year and (b) the growth percentage of the political subdivision; and 
2. The product of (a) the amount of property taxes levied in the prior year less the sum of exceptions used in 
the prior year for the amount of property taxes budgeted for approved bonds and needed to respond to an 
emergency in the prior year and (b) the greater of zero or the inflation percentage. 
 
LB 242 adds three additional exceptions allowing a political subdivision to increase its property tax request 
authority over the limit designated above by the amount of property taxes: 
1. Budgeted for substance abuse prevention, behavioral health, and opioid use prevention; 
2. Budgeted for matching state and federal grants; 
3. Needed to replace any revenue stream collected in the prior year that was eliminated or reduced through 
legislative action. 
 
LB 242 removes the requirement for a political subdivision to hold an election to increase its property tax request 
authority on a certain date when it’s an odd numbered year. Additionally, the bill adds the ability for a political 
subdivision to convert its unused restricted funds as of June 30, 2025, 	into unused property tax request authority 
starting in fiscal years beginning July 1, 2025, 	with a limitation of converted authority not exceeding 5% of 
property taxes levied by the political subdivision in calendar year 2024. 
 
The bill removes requirements for imposing an occupation tax for metropolitan, primary class, first and second-
class cities. 
 
On a property tax statement, LB 242 removes the requirement to include the levy rate for each political subdivision 
to fund public safety services and now requires the property taxes due for each political subdivision to fund public 
safety services no matter if the amount is an exception to the political subdivision’s property tax request authority. 
 
The bill allows the county treasurer to now keep 1% of the distributed amount.  LB 0242 page 2 	Fiscal Note 2025 
 
 
Finally, LB 242 makes changes to the credits received under the School, District Property Tax Relief Act by 
changing how county treasurers determine the amount of property tax credits that are disbursed to each parcel. 
Currently, the calculation is multiplying the credit amount distributed to the county by ratio of school district 
taxes levied in the prior year on the parcel to the school district taxes levied in the prior year on all real property 
in the county. LB 242 changes the ratio from being based on 	the school district taxes levied in the prior year to 
the school district taxes levied in the current year. 
 
This bill contains an emergency clause and becomes law upon enactment. 
 
It is estimated that LB 242 will have no impact on General Fund revenues. 
 
It is estimated that there will be no cost to the Department of Revenue to implement this bill. 
  Please complete ALL (5) blanks in the first three lines. 	2025 
LB
(1) 242 	FISCAL NOTE 
 
State Agency OR Political Subdivision Name: 
(2) 
Nebraska Auditor of Public Accounts 
 
Prepared by: 
(3) Craig Kubicek Date Prepared: 
(4)
 1/15/2025 Phone: 
(5)
 402-326-3063 
 
                                           ESTIMATE PROVIDED BY STATE AGENCY OR POLITICAL SUBDIVISION  
                                
 	FY 2025-26 	FY 2026-27 
 EXPENDITURES REVENUE EXPENDITURES REVENUE 
GENERAL FUNDS 
 
$0   $0  
 
CASH FUNDS 
 
$0   $0  
 
FEDERAL FUNDS 
 
$0   $0  
 
OTHER FUNDS 
 
$0   $0  
 
TOTAL FUNDS 
 
$0   $0  
 
 Explanation of Estimate: 
 
 
If passed, we will handle 	such changes within our current resources.  
 
 
 
 
 
 
 
_____________________________________________________________________________________________________ 	_ 
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……………………………… .....