Nebraska 2025 2025-2026 Regular Session

Nebraska Legislature Bill LB319 Introduced / Fiscal Note

Filed 03/04/2025

                    PREPARED BY: Mikayla Findlay 
LB 319 DATE PREPARED: February 28, 2025 
PHONE: 	402-471-0062 
    
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 politica	l subdivisions are attached following the Legislative Fiscal Analyst Estimate. 
 
This bill would expand eligibility for the Supplemental Nutrition Assistance Program (SNAP) to any person convicted of a felony 
involving the possession, use or distribution of a controlled substance if the person has com	pleted their sentence for the felony offense 
or is on parole, probation or post-release supervision for the felony. SNAP benefits are paid with 100% federal funds.   
 
In the last three years, 1,056 cases were denied or closed due to drug felonies. DHHS indicates 75% of ineligible members are part of 
an existing SNAP household. As such, 792 ineligible people may potentially need to be added on to an existing household. DHHS 
estimates an increase of up to 158 	participants annually under this bill. System updates and any additional volume of work can be 
handled within existing agency resources. Minimal fiscal impact. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ADMINISTRATIVE SERVICES STATE BUDGET DIVISION: REVIEW OF AGENCY & POLT. SUB. R ESPONSE    
LB:        319            AM:                              	AGENCY/POLT. SUB: Nebraska Department of Health & Human Services 
   
REVIEWED BY:       Ann Linneman                                	DATE:       2 -28-2025                  	PHONE: (402) 471-4180 
   
COMMENTS: Concur with the Nebraska Department of Health and Human Services’ assessment of fiscal impact.   
  
   
  
   
 
 
LB (1) 319 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 2-28-25 	Phone: (5) 471-6719 
 	FY 2025-2026  	FY 2026-2027 
 	EXPENDITURES REVENUE EXPENDITURES REVENUE 
GENERAL FUNDS      
CASH FUNDS      
FEDERAL FUNDS      
OTHER FUNDS      
TOTAL FUNDS 	$0   	$0  
 
 
Return by date specified or 72 hours prior to public hearing, whichever is earlier. 
Explanation of Estimate: 
 
LB319 changes the Supplemental Nutrition Assistance Program (SNAP) eligibility requirements for individuals 
with drug felony convictions. The bill strikes the language in 	Neb. Rev. Stat. §68-	1017.02(4)(b) where it 
prohibits individuals with felony convictions for selling, distributing, or intent to sell or distribute a controlled 
substance from receiving SNAP benefits. As a result of this change, individuals with drug felony convictions 
would now be eligible for SNAP benefits if the individual has completed their sentence for such felony or is 
serving a term of parole, probation, or post-release supervision for such felony.  
 
Enactment of this bill would also remove the requirement for individuals with one or two felony drug convictions 
from completing or participating in an approved drug treatment program after conviction. Furthermore, i	t would 
allow individuals with three or more felony convictions to remain eligible for SNAP. The Department of Health 
and Human Services (DHHS) would need 	to complete and update the State Plan and r	egulation changes as 
this bill would expand eligibility for SNAP to all drug felons which would increase the number of SNAP cases. 
Increasing the number of individuals eligible to participate in the SNAP program, may also increase the number 
of individuals volunteering to participate in the SNAP Next Step Employment and Training (E&T) program	.  
 
Implementation of this bill would require 	the department to notify Food and Nutrition Services (FNS) that 
Nebraska took this option. Furthermore, updates need to be made to the Title 475 NAC Supplemental Nutrition 
Assistance Program. Chapter 1, 008.04 would need to be updated to remove the language where it states 
individuals convicted of drug felons are disqualified and Chapter 3, 001.07 would also 	need to be updated to 
remove the exclusion of a household member with a drug felony when determining benefit levels. Moreover, 
training updates would be required and provided to eligibility operations. Consequently, the department’s 
eligibility system, Nebraska Family Online Client User System (N-FOCUS) will need to be updated in order to 
modify the denial and closure reasons and notices. System updates would take 1 IT Business Analyst (BA) 
with a pay rate of $80 per hour for 43 hours and 1 Technical Analyst (TA) with a pay rate of $100 per hour for 
35 hours. The total estimated cost to update N-FOCUS system would be $6,940. The system updates 	would 
be absorbed by current staff.  
 
Currently, SNAP benefits are paid 100% with Federal Funds and the a	dministrative costs are 50/50 match 
between State General Funds and Federal Funds. In the past three 	years, DHHS has denied or closed an 
average of 1,056 SNAP participants related to drug felonies. Data shows that 75% of ineligible participants are 
part of an existing SNAP household. This results in 	792 ineligible participants who potentially would need to be 
added to an existing household.  
 
DHHS estimates an 	increase of 15% to account for individuals who have never applied for benefits but may 
under this new provision, resulting in an additional 158 potential participants per year. This equates to 
approximately 513 hours of work per year or 0.25 FTE. The department can absorb the additional workload 
within existing staff. Should the additional workload prove to be much larger, the department may need 
additional FTE.    
 
MAJOR OBJECTS OF EXPENDITURE 
 
 
PERSONAL SERVICES: 
 	NUMBER OF POSITIONS 2025-2026 	2026-2027 
POSITION TITLE 	26-26 26-27 EXPENDITURES EXPENDITURES 
 
   
 
   
 
   
 
   
 
   
Benefits............................................................................................................................... 
  
Operating............................................................................................................................ 
  
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Capital Outlay..................................................................................................................... 
  
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Capital Improvements......................................................................................................... 
  
                   TOTAL............................................................................................................ 
$0 $0