PREPARED BY: Kenneth Boggs
LB 395 DATE PREPARED: March 24, 2025
PHONE: 471-0050
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 $127,836 $121,143
CASH FUNDS
FEDERAL FUNDS
OTHER FUNDS
TOTAL FUNDS $127,836 $121,143
Any Fiscal Notes received from state agencies and political subdivisions are attached following the Legislative Fiscal Analyst Estimate.
LB395 imposes stricter limitations on firearm possession by certain juveniles, including those with sealed felony or domestic violence
adjudications, until they reach age 25 or receive a court-issued exemption. It further specifies that law enforcement may review sealed
records whenever an individual under 25 applies for a concealed- carry permit or handgun- purchase certificate, ensuring no loopholes
exist for acquiring firearms. Consequently, agencies involved in juvenile record management or firearm oversight—such as law
enforcement, juvenile courts, and applicable state departments—must implement updated procedures for notifying juveniles, sealing
records, and verifying firearm prohibitions.
The Supreme Court has stated that LB 395 will have a minimal fiscal impact and will not require any additional resources.
The Nebraska State Patrol estimates it will need two additional FTE (an Administrative Technician and a Crime Analyst) to research,
review, and report the sealed records required under LB395, given that no current mechanism exists to submit prohibiting juvenile
information to the FBI’s Interstate Identification Index (III) or the NICS Indices. This process would require changes to Nebraska
Revised Statute 43- 252 to allow fingerprints to be transmitted to the III and a separate system to address non-fingerprinted offenses.
Additional operating expenses—supplies, OCIO costs, and computer leases—are projected at $5,352 for FY 2026 and $5,532 for FY
2027, with one-time capital outlays of $10,240 in FY 2026 for computer hardware and office furniture.
ADMINISTRATIVE SERVICES STATE BUDGET DIVISION: REVIEW OF AGENCY & POLT. SUB. RESPONSE
LB: 395 AM: AGENCY/POLT. SUB: Supreme Court
REVIEWED BY: Jacob Leaver DATE: 3/25/2025 PHONE: (402) 471-4173
COMMENTS: Concur with the Supreme Court’s estimate of minimal fiscal impact as a result of LB 395.
ADMINISTRATIVE SERVICES STATE BUDGET DIVISION: REVIEW OF AGENCY & POLT. SUB. RESPONSE
LB: 395 AM: AGENCY/POLT. SUB: State Patrol
REVIEWED BY: Jacob Leaver DATE: 2/21/2025 PHONE: (402) 471-4173
COMMENTS: Concur with the State Patrol’s estimated fiscal impact as a result of LB 395.
Please complete ALL (5) blanks in the first three lines. 2025
LB
(1) 395 FISCAL NOTE
State Agency OR Political Subdivision Name:
(2)
Nebraska State Patrol
Prepared by:
(3) Carol Aversman Date Prepared:
(4)
02/14/2025 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
$127,836 $121,143
CASH FUNDS
FEDERAL FUNDS
OTHER FUNDS
TOTAL FUNDS
$127,836 $121,143
Explanation of Estimate:
LB 395, Section 2 (3) (h) (i) allows for a sealed record to be access ible to law enforcement to determine if a
person under the age of 25 years has been previously adjudicated for an act which would constitute a felony or
a misdemeanor crime of domestic violence as defined in subsection (6) of section 28-1204.05 when such
person applies for a permit under the Concealed Handgun Permit Act or a certificate to purchase, lease, rent,
or transfer a handgun under section 69-2401, et seq.
Section 28- 1204.05 states that a person under the age of 25 years who knowingly possesses a firearm
commits the offense of possession of a firearm by a prohibited juvenile offender if he or she has previously
been adjudicated an offender in juvenile court for an act which would constitute a felony or an act which would
constitute a misdemeanor crime of domestic violence. This includes an offense for which a juvenile record has
been sealed upon termination of probation.
The State Patrol estimates that in order to research, review, and appropriately report the sealed records
described in Section 2 (3) (h) (i) of the bill for firearm disqualification purposes , it will need an additional 2 full
time employees (an Administrative Technician and a Crime Analyst). There are curr ently no mechanisms in
place to report prohibiting juvenile records to either the FBI’s Interstate Identification Index (III) or the NICS
Indices for nationwide availability during firearm background checks. Nationwide availability is crucial because
the FBI conducts Nebraska’s long gun background checks.
The mechanism to retrieve juvenile adjudications from the Administrative Office of the Courts would need to be
established for fingerprinted juvenile offenses to appear on the criminal history record or III. It’s important to
note Nebraska Rev. Stat. 43-252 would need to be amended to allow the Nebraska State Patrol to send
juvenile fingerprints to the III. Furthermore, for juvenile offenses that weren’t fingerprinted, a mechanism to
report the prohibiting information to the NICS Indices would need to be developed and implemented.
Additional costs include operational expenses (OCIO costs, supplies, and computer leases) totaling $5,352 in
FY 26 and $5,532 in FY 27. Capital outlays include the one- time costs of purchasing computer monitors,
document scanners and office furniture/cubicles for the new employees. These total $10,240 in FY 26.
_____________________________________________________________________________________________________ _
BREAKDOWN BY MAJOR OBJECTS OF EXPENDITURE
Personal Services:
POSITION TITLE
NUMBER OF POSITIONS
25-26 26-27
2025-26
EXPENDITURES
2026-27
EXPENDITURES
Administrative Technician (CID) 1 1 $37,488 $38,612
State Patrol Crime Analyst (CID) 1 1 $45,378 $46,740
Benefits………………………………...…… $29,378 $30,259
Operating…………………………...………. $5,352 $5,532
Travel………………………………………..
Capital outlay…………………...………….. $10,240
Aid…………………………………………...
Capital improvements……………………...
TOTAL……………………………… ..... $127,836 $121,143
Please complete ALL (5) blanks in the first three lines. 2025
LB
(1) 395 FISCAL NOTE
State Agency OR Political Subdivision Name:
(2)
05 Supreme Court
Prepared by:
(3) Eric Asboe Date Prepared:
(4)
3/21/2025 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 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……………………………… .....