LB958

The chairman of the Revenue Committee, Senator Mike Gloor, introduced LB 958 at the request of the governor. LB 958 is part of a property tax relief proposal offered by Governor Pete Ricketts. The public hearing on LB 958 was held this past week before the Revenue Committee, lasting 6 ½ hours. The governor was the first proponent testifying after Senator Gloor.

The intent of the Governor’s proposal is to slow the increase in state-wide agricultural land valuation and to slow the growth of spending and therefore, property taxes levied by political subdivisions. The legislation limits the budgeted growth of restricted funds, eliminates exclusions to the levy limit, and limits the state-wide increase in agricultural land valuation to 3%.

            February 19th marked the deadline for priority bill designations. Every senator is allowed to designate one bill as their personal priority bill. Committees are allowed to designate two bills and the Speaker of the Legislature is allowed to designate up to 25 bills as speaker priority bills. Typically, after the deadline date, bills that have not been designated as priorities do not stand a good chance of being debated, unless they are non-controversial and are chosen for consent calendar.

            I chose LB 744 as my priority bill. It recognizes communication and contact agreements to permit continuing communication and contact after the placement of an adoptee between the birth parents and the adoptive parents in private and agency adoptions. However, the law would make it clear that the existence of, or the failure to comply with such agreements, does not affect the adoption decree, the relinquishment of parental rights, or the written consent to adoption.

            The Appropriations Committee submitted their budget recommendations this past week to the full Legislature by the 40^th legislative day, as required by legislative rule. The appropriations bills must be passed by the 50^th day, which falls on March 29^th this year. The appropriations bills presented this year are mid-biennium adjustments to the two-year budget passed last year for fiscal years 2015/16 and 2016/17, resulting in a net increase of $4.2 million.

            Although the financial status at the end of the current biennium remains similar to what it was at the end of the last year’s session, it has fluctuated greatly during the past year. The projected status went from a positive $2.3 million to a negative $110 million after the Nebraska Economic Forecast Advisory Board reduced revenue projections by $154 million last October. This was partially offset by a lapse of unexpended appropriations, reductions in Medicaid, and a $13 million net gain when the Forecast Advisory Board met again in February, resulting in the current positive financial status of $10.1 million. However the projected status for the following biennium shows a $106 million shortfall. This volatility shows the necessity for keeping a sufficient balance in the cash reserve fund.

            The Legislature gave first-round approval to the budget package this past week. Senators also stopped a measure that proposed to repeal the motorcycle helmet law for riders 21 years of age and older.

            Progress has been made this past week on property tax relief, although it isn’t as comprehensive as hoped. LB 958, introduced on behalf of the Governor, sought to slow the increase in agricultural land valuation by capping statewide agricultural land valuation growth at 3% per year. It also aimed to slow the growth of property taxes levied by political subdivisions. After significant opposition was encountered from representatives of cities and other political subdivisions, the committee eliminated most of the bill, except for the portion that limits the unused restricted fund authority for community colleges to 3% of their prior year’s restricted funds. In the amendment proposed by the Revenue Committee, instead of the 3% cap on valuation, the committee is proposing an increase in the Property Tax Credit program. This program provides direct property tax relief for property owners through a credit on their property tax statement. Last year, funding for this program was increased by $64 million to $204 million in annual funding. This year, the proposed increase in credits would be directed to agricultural land owners. Since this is a new concept, the Revenue Committee will hold a public hearing on the proposed amendment on Thursday, March 24. After calculations are completed, an amount of funding will be added to the amendment.

                The Legislature gave first-round approval to both bills introduced on behalf of Governor Ricketts, containing his plan for property tax relief. However, the bills have been completely rewritten through the amendment process.

LB 959, as amended by committee amendments, eliminates the minimum levy penalty which reduces state aid to districts with levies less than .95 cents, removes the levy criteria from the averaging adjustment calculation, and caps the special levy school districts can use to address health, safety and accessibility problems in school buildings at 3 cents, down from 5.2 cents. LB 959 will allow a number of school districts to reduce their levy and will also provide more state aid to some districts that depend heavily on property taxes to fund their schools.

            The Legislature completed Day 59 of this 60-day legislative session on Wednesday, April 13, when the remainder of the pending bills were read on Final Reading and sent to the governor. The governor has 5 days, excluding Sunday, to decide whether to sign or veto the legislation. Senators won’t meet for the last day until Wednesday, April 20, thereby allowing for the consideration of overriding any veto that might be made by the governor.

            The Legislature passed LB 958 and LB 959, bills that were aimed at providing property tax relief. LB 958 increases the annual funding for the Property Tax Credit program by $20 million, with the additional funding distributed to agricultural landowners. This will be accomplished by valuing agricultural land at 90%, rather than 75%, of market value for purposes of calculating the property tax credit program. LB 959 eliminates the minimum levy adjustment which reduces state aid to districts with levies less than $0.95, removes the levy criteria from the averaging adjustment calculation and reduces the special levy school districts can use to address health, safety and accessibility problems in school buildings. This bill is projected to increase state aid to primarily rural school districts by $8.5 million.