1967
- c. 487 - Sales and income tax adopted.
c. 494
- Household goods exempted from the property tax. The original cost
of the exemption was estimated to be $9.7 million.
c. 498
- Intangible property exempted from the property tax.
1969
- c. 629 - City sales tax authorized.
c. 632
- Homestead exemption program created. The original cost of the
program was $6.4 million and today the cost is about $35 million.
1972
- LB 1241 - Exempted one-eighth of the value of business
and farm inventories, livestock, and farm machinery beginning in
1973 and one-eighth of the value each year thereafter for four years.
By 1977 such property was valued and taxed at three-eighths of its
actual value. The state replaced all of the money lost to local
governments due to the exemption.
1977
- LB 518 - Exempted the remaining three eighths of the value
of business and farm inventories, livestock and farm machinery over
the succeeding three years. For 1978, 100% of farm inventories and
farm machinery was exempt, in 1979, 100% of business inventories
was exempt and in 1980, livestock was exempt. At first, the state
replaced the lost income based on the assessments of such property
in 1977, but after the Nebraska Supreme Court struck down this distribution
as constituting a permanently closed class, violative of the Special
Legislation Clause, a change was made in 1982. The total amount
reimbursed was $82.6 million.
1982
- LB 816 - Distributed money to schools, cities, counties,
and Natural Resources Districts based on formulas rather than as
reimbursement of lost 1977 property tax base. Most of the $82.6
million was distributed to school districts on a per student basis.
Seventeen million dollars was distributed to municipalities based
on population and $17 million to counties and $0.5 million to Natural
Resources Districts based on the amount of property taxes levied
by each county or NRD compared to others.
1983
- LB 396 - Eliminated a general homestead exemption that
exempted the first $800 of value of a homestead valued at $4,000
or more. The cost savings was $4.7 million.
1984
- LB 809 - Adopted a general homestead exemption of $3,000
and required property tax statements to reflect that the state was
financing the exemptions. This was estimated to cost about $18 million.
However, the program was delayed and then repealed after one year.
It was never implemented.
1985
- LB 271 - Changed the valuation methodology for agricultural
land to one based on the earning capacity of the land. This change
was in response to the Kearney Convention Center case and
the subsequent constitutional amendment.
LB 662
- Called for the merger or affiliation of all Class I districts
by September 1, 1989 and increased the sales tax rate by one percent
for the purpose of limiting property tax support of K-12 schools
to no more than 45% of total costs. LB 662 was referred to the ballot
by petition and repealed by the voters in the November 1986 election.
LB 727
- Delayed the effective date of the general homestead exemption
enacted by LB 809 (1984) until January 1, 1986.
LB 6
(2nd Special Session) - Repealed the $3,000 general homestead exemption.
1986
- LB 1258 - Provided for a sliding scale for homestead exemption
benefits for elderly and disabled beneficiaries as income increased.
1988
- LB 1091 - Created a fund to reimburse local governments
for any losses attributable to the railroad 4R Act litigation that
exceeded one percent of expected property tax dollars. After line
item vetoes and partial overrides, the amount appropriated to the
fund from the Cash Reserve Fund totaled $7.7 million.
LB 1105
eliminated the sliding scale of benefits for homestead exemptions
and provided that those with income below the filing threshold of
$10,400 received the full $35,000 exemption.
1989
- LB 84 - Granted an 8.5% reduction in property valuation
or a $5,400 general homestead exemption for 1989 only, the reductions
to be financed by the state. Total cost - $114 million.
LB 361
- Changed the assessment of agricultural and horticultural land
so that the results could be adjusted to be uniform across county
lines.
1990
- LB 1059 increased the sales tax rate from 4% to 5%
and the income tax rates by 8.5% for 1990 and an additional 8.5%
for 1991 to fund the Tax Equity and Educational Support Act. This
landmark school finance legislation dramatically increased state
aid distributed to schools in an "equalized" manner. School
costs were calculated per student within nine "tiers"
or groups of similarly-sized schools and the formula enabled each
school district to finance the average cost per student for the
tier with a combination of state aid and property taxes at a defined
"local effort rate." The rate varied based on the amount
of appropriation available. LB 1059 also "rebated" 20%
of the income tax paid by residents of the district to the district.
Total cost when fully implemented was about $210 million.
1991
- LB 320 - Changed the assessment of agricultural land so
that the capitalization rate used to set value is market-derived.
The capitalization rate was increased 25% so that the resulting
values from the income calculation correlate to 80% of market value.
This change was made in response to Banner County v. Bd. Of Equal.
which held that separate classification of agricultural land as
allowed by the Constitution does not authorize the assessment of
such land non-uniformly or disproportionately. The change was to
be effective for 1992.
LB
404 - Froze agricultural and horticultural land values for tax
year 1991 at the 1990 value. This was to give time to respond to
Banner County.
LB
829 - Exempted all personal property from the property tax for
1991 only and reimbursed local governments for the loss using a
series of revenue-raising proposals including a depreciation surcharge,
a corporate income tax surcharge, a temporary reduction in the sales
tax collection fee, extending the sales tax to manufacturing energy,
and a one-year increase in the corporate occupation tax.. The total
cost was $120 million.
1992
- LB 1063 - Adopted net book value approach for the valuation
of all personal property and therefore added farm machinery to the
tax rolls. The reduction in value for personal property other than
previously-exempted farm machinery averaged about 20%. Had no constitutional
amendment passed to authorize the net book value approach to valuation
of personal property, the bill called for assessing all personal
property, including farm and business inventories at actual value.
LB 1063 also allowed a refund of sales taxes paid on farm machinery,
provided the machinery appeared on the personal property tax schedule.
The revenue lost from the sales tax exemption was replaced with
a temporary $4 per ton tax on commercial fertilizer and a reduction
in county personal property tax replacement aid of $3.5 million.
LB 719A
- provided that the personal property value of railroads be reduced
in proportion to the share of personal property that is not subject
to tax under the net book value approach, primarily inventory.
LR 219CA
- Placed a constitutional amendment on the primary ballot for 1992
that separated personal property from real property for purposes
of the uniformity clause, authorized personal property to be either
taxed on actual value or net book value while allowing reasonable
classifications to be exempt, and set apart a classification for
the property of entities that are protected by federal law, like
railroads.
1993
- LB 346 - Provided that a 4.5% excise tax be levied on rental
motor vehicles. Proceeds from the tax are to be retained by the
car rental company to pay motor vehicle property taxes and any excess
is to be remitted to counties to be distributed like property taxes.
1994
- LB 961 - Exempted livestock from the personal property
tax and reduced the fertilizer tax from $4 per ton to $1 per ton
beginning in 1997. The proceeds of the tax were used to fund ethanol
incentives through 1996 and natural resources enhancement through
2000, when the fertilizer tax was terminated.
LB 902
- Enacted significant reform of the homestead exemption program.
This bill (1) included various forms of otherwise tax exempt income
within the definition of household income, (2) increased the exempt
amount and allowed it to increase as the average home value in the
county increases, (3) increased the income eligibility amounts and
adopted a graduated scale of benefits based on income, and (4) adopted
a maximum value of the home qualification. Overall, these changes
were revenue neutral.
1995
- LB 452 - Revised the property tax calendar so that equalization
occurs first in the process, before individual valuation protests.
LB 490
- Created the Tax Equalization and Review Commission to hear appeals
of property tax valuation and exemption disputes instead of the
district courts. The bill also separated the property tax division
from the Department of Revenue and called for the Property Tax Administrator
to be separately appointed by the Governor to a definite six-year
term.
LB 830
- Adopted the Nebraska Redevelopment Act. This act allows companies
that meet the sales thresholds of investment and employment as the
Quality Jobs Act, to receive tax increment financing for a project
on vacant land and areas up to ten miles outside city limits. The
act terminated in 2000.
LR 3CA
- Placed on the ballot for the primary election in 1996 a proposal
to eliminate the State Board of Equalization as the body that equalizes
assessments between counties and replace it with the TERC. The constitutional
amendment was ultimately approved by the people.
1996
- LB 1050 - Revised the school aid formula to (1) limit the
amount of income tax rebate to $82 million, (2) change the distribution
of Insurance Premium Tax dollars from per student to being included
as part of the equalization aid program, and (3) created an incentive
for schools that consolidate.
LB
1114 - Imposed levy limits on all local governments to limit
the total property tax rate (excluding exceptions) to $2.24 per
$100 of taxable value beginning in 1998 and $2.13 when fully implemented
in 2001. Exceptions were for bonded debt, grandfathered building
fund projects for schools, grandfathered capital lease purchases,
and voter-approved overrides. Another crucial change was the concept
of allocated levies, wherein counties were responsible for allocating
levy authority to dozens of small, miscellaneous governments within
the 45-cent limit of the county.
LB 1177
- Created the Municipal Equalization Fund and provided for aid to
municipalities that are unable to raise the average amount of property
tax revenue per capita with the average property tax levy. The bill
also allowed counties to levy a sales tax of up to 1.5% to support
the county share of jointly provided public safety services.
1997
- LB 269 - (1) Changed the levy limit for community colleges
from 8 cents through 2000-01 and 4 cents thereafter to 8 cents through
1999-2000 and 7 cents thereafter, (2) created a new equalization
formula for funding community colleges that makes up for any difference
between the maximum levy times the valuation for the area and 40%
of the total spending allowed to the area, (3) provided for levy
allocation by municipalities for Community Redevelopment Authorities,
city airport authorities and other entities created by cities, and
(4) divided municipalities into three different size groupings for
purposes of the equalization formula provided in LB 1177 (1996).
LB
271 - Eliminated the property tax on motor vehicles and replaced
it with a uniform, statewide tax and fee system. The fee is a nominal
amount, generally between $5 and $30 and the proceeds are distributed
to cities and counties based on the distribution of Highway Trust
Fund dollars. The motor vehicle tax is determined from a table that
begins with a higher tax if the MSRP of the vehicle is more new
and declines with the age of the motor vehicle itself. The schedule
was designed seeking a reduction in taxes on motor vehicles of about
$15 million from the previous year property tax amounts but the
actual proceeds turned out to be $30 million less.
LB 397
- Implemented LR 3CA (1995) by granting the TERC the authority to
equalize values between counties.
LB
806 - Revised the school aid formula by eliminating the tiers
created in LB 1059 (1990) and providing for only three cost groupings,
sparse, very sparse, and standard. The bill also provided for allocation
or calculation of the budget for Class I schools that are part of
a Class VI system or are affiliated with another K-12 district,
thus integrating the levy of each "system" into the levy
limits of LB 1114 (1996). Finally, the bill increased the appropriation
for school aid by $110 million.
LB 875
- Amended community redevelopment law (tax increment financing)
to (1) require a hearing and specific notice to other affected local
governments of the redevelopment plan, (2) require any land within
the redevelopment plan to be annexed into the city, (3) require
a finding that the proposed project would not be feasible with TIF,
and (4) require a cost benefit analysis before approving a TIF project
beginning January 1, 1999.
1998
- LB 149 - Made a school finance change that provided
that the amount of school aid to be provided by the state is to
be the full amount needed to fund all calculated needs of schools,
assuming a local effort rate equal to 10 cents less than the levy
limit.
LB 695
- Provided an equalized aid program for counties. The program distributes
about $6 million annually to counties that are unable to generate
the average number of dollars per road mile by levying the average
county property tax rate. The bill also provided that counties receive
$35 per day for state prisoners held in county jails.
LB 1120
- Created an aid program for rural and suburban fire protection
districts that cooperate by setting a uniform tax rate to finance
these services in the great majority of any one county. The aid
amount is $10 per rural resident within the agreement. The annual
cost is about $2.5 million.
LR 45CA
placed four separate constitutional amendments on the 1998 general
election ballot as follows: (1) strike the requirement that motor
vehicle taxes be distributed to local governments in proportion
to property taxes levied, (2) provide for the merger or consolidation
of cities and counties, (3) limit the property tax exemption for
government property to property used for a public purpose, and (4)
strike all references to townships in the Constitution. The first
three amendments succeeded while the fourth failed.
1999
- LB 36 - Created the Department of Property Assessment
and Taxation as a separate state agency.
LB 142
- Implemented part of LR 45CA by providing that the proceeds from
the motor vehicle tax be distributed 60% to the school district
where the vehicle is registered, 22% to the county and 18% to the
city except in Douglas County where the city-county shares are reversed.
LB 179
- Increased the homestead exemption income eligibility amounts and
expanded the definition of disability for purposes of eligibility.
The cost of this expansion was $8.8 million.
LB 271
- Implemented part of LR 45CA by placing government-owned property
not in a public use on the tax rolls. In most cases, taxes are to
be assessed to the lessee of government-owned property as if it
were owned by the lessee.
LB 881
- Used the Cash Reserve Fund to provide for specific property tax
relief programs. For 1999, $30 million was distributed to community
colleges based on valuation. For 2000, $35 million (later reduced
to $25 million) was used for a direct credit against real estate
taxes. The $30 million additional distribution to community colleges
was also repeated in 2000 using general funds. Finally, in 2001,
$35 million was transferred to the General Fund to help finance
the additional school aid needed to fund the reduction in the levy
limit for schools from $1.10 per $100 of taxable value to $1.00.
2002
- LB 898 - Statutorily reduced the calculated
needs of schools by about 1.25% for 2002-03 through 2004-05 to reduce
school aid by about $22 million.
2003
- LB
540 - Allows schools to increase their levies by up to five
cents per one hundred dollars of taxable valuation with a three-fourths
vote of the school board to make up for the loss of state aid. The
increased levy authority is for fiscal years 2003-04 and 2004-05
only.
LB 622
- LB 622 eliminated most of the per capita distribution of any
funds remaining in the Municipal Equalization Fund after the total
needs
of the formula have been satisfied. Instead only $300,000 of the
excess funds will be distributed to cities and the rest will be
deposited in the State General Fund. The $300,000 will be distributed
per capita only to those cities and villages without a local sales
tax. The
bill also suspended distributions under the county equalization
program for
fiscal years 2003-04 and 2004-05 and requires a 40-cent levy as
a minimum effort for distributions made after that.
LR 2CA – Placed
on the November 2004 ballot a proposal to amend Article VIII,
Section 2 of the Nebraska Constitution to allow
the exemption from property taxes, in whole or in part, the increased
value of property created by rehabilitating or preserving historically
significant real property. The proposed amendment was adopted by
the people in 2004.
2004 -
LB
644 requires local county assessors to report every four years
all property owned by governmental entities and, if it is subject
to tax, its value and taxes levied.
2005 – LB
66 – LB
66 implemented Amendment 2 which was adopted by the people in
November 2004 and allowed the exemption
of the increased value of real property caused by rehabilitating
or preserving historically significant real property. The bill
allowed a property tax assessment preference for property that
is on the National Register of Historic Places or would be eligible
for such designation as determined by the State Historic Preservation
Officer. Essentially, the value of the property will remain fixed
at the pre-rehabilitation value for eight years after rehabilitation
is complete before phasing in to full market value assessment over
four additional years
LB 261 -
Repealed outright the authorization for Agricultural and Horticultural
Land Valuation Boards.
2006 – LB
808 – In
addition to a number of procedural changes, LB 808 modified the
greenbelt provisions of Nebraska law.
Generally, the changes narrowed the availability of greenbelt,
but the bill also eliminated zoning as a requirement for greenbelt
and phased out the requirements of recapture over three years.
Under LB 808, the land
must be "agricultural land" rather
than merely being in agricultural use. "Agricultural land" means
that an entire parcel must be predominantly used for the commercial
production of agricultural products under LB 808.
LB 968 – LB 968
provided a new sales tax exemption for construction labor performed
on single family homes, duplexes, and a refund
for owner-occupied condominiums, effective July 1, 2006. The bill
also enacted a variety of income tax cuts and credits that were
effective for the 2006 tax year.
Regarding the property tax, the bill decreased the assessment
percentage for agricultural land from 80% to 75% of actual value,
effective January 1, 2007 and eliminated the termination date for
the increase in the school levy to $1.05 per $100 of taxable value.
Under the LB 968, the levy limit will remain $1.05 rather than
returning to $1.00 in 2009.
The bill also made changes to increase the benefits available
under the homestead exemption program, also effective for 2007.
The exempt amount was increased from the greater of $40,000 or
80% of the average home value in the county to the greater of $40,000
or 100%. For disabled an veteran beneficiaries, the exempt amount
increased from the greater of $50,000 or 100% to the greater of
$50,000 or 120%. The maximum value also increased from the greater
of $95,000 or 150% of the average home value in the county to the
greater of $95,000 or 200%. The maximum value for handicapped and
veteran claimants also increased a comparable amount.
2007 - LB
334 - LB
334 amended more than 150 sections of statute to strike references
to the “Department of Property Assessment
and Taxation” and the “Property Tax Administrator” and
replace them with the “Department of Revenue” or the “Tax
Commissioner” respectively. The bill merged the two departments
and established a Property Assessment Division within the Department
of Revenue. The bill was operative July 1, 2007.
The bill
also excluded trade fixtures from the definition of real property
and included trade fixtures within the definition of personal
property. Finally, LB 334 required county treasurers collecting
taxes on behalf of fire districts and county agricultural societies
to remit tax proceeds in the same manner as other local governments
rather than through a warrant procedure, required county assessors
to review properties on a cycle to assure that all parcels have
been inspected and reviewed at least every six years.
LB 367 -
was a multi-faceted tax cut proposal involving sales taxes, income
taxes, property taxes and estate taxes.
Regarding
property taxes, the bill created a cash fund to be distributed
to counties based on valuation and fund a property tax credit for
all real property owners. The amount in the cash fund is $105 million
for tax year 2007 and $115 million for 2008. Amounts after 2008
will be set by the Legislature. The resulting levy reductions will
be about 8 cents per $100 of taxable valuation for 2007 and
2008.
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