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Nebraska lawmakers send controversial property tax cut plan to floor for debate

Legislature, 7.26

Sens. John Fredrickson of Omaha (from left), Barry DeKay of Niobrara, Tony Vargas of Omaha and George Dungan of Lincoln speak during the second day of the Legislative Special Session on July 26 at the Capitol. Dungan was the lone member of the Legislature’s Revenue Committee to vote no Monday on the advancement of a property tax relief package that remains unpopular among some urban lawmakers.

KATY COWELL Journal Star

After Nebraska lawmakers adjourned early for the weekend Thursday in an effort to negotiate a compromise tax plan, a key committee voted Monday to send a property tax relief package to the floor of the Legislature that remains unpalatable to critics.

Led by Sen. Lou Ann Linehan of Elkhorn, the Legislature’s Revenue Committee voted 6-1 on Monday to send the tax cut package on to the full Legislature.

Sen. George Dungan of Lincoln cast the committee’s lone no vote, while Sen. Eliot Bostar of Lincoln was present-not-voting. Six conservatives, including Linehan, voted to advance the plan. The full Legislature will begin debating the tax plan Tuesday morning.

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The committee’s 122-page tax plan — which calls for the state to eventually take over more than $1 billion in public school costs currently funded by property taxpayers — underwent few changes over the weekend.

When lawmakers adjourned last week, the proposal called for the maximum property tax rate school districts can levy to drop from $1.05 now to 25 cents by the 2025-26 fiscal year, replacing the locally collected taxes with state aid.

The version lawmakers advanced Monday instead calls for incremental cuts to school districts’ max levies, dropping the rate from $1.05 to 40 cents next year, 35 cents the year after and 30 cents in the 2027-28 fiscal year. That change followed criticism Friday from a coalition of schools groups that warned the prior plan moved “too far too fast.”

The latest plan also spares agricultural and manufacturing equipment and machinery purchases from a 2% sales tax the prior plan sought to impose.

The plan advanced by the Revenue Committee also scraps a proposal to have the state take over funding and operating of district courts. The plan also now includes an incremental approach to the state takeover of county jails and natural resources districts, both of which are currently funded by local property taxpayers.

Under the new plan, NRDs would be fully funded by the state starting in the 2027-28 fiscal year, while county jails would have half their costs covered by the state in the 2026-27 fiscal year, remaining at the 50% split until lawmakers decide otherwise.

Before those changes, the plan would have cut Nebraska’s collective property tax bill by about $1.8 billion, replacing the locally collected tax revenue with $1.2 billion worth of existing property tax credits, $525 million in new sales taxes on previously untaxed goods and services, and increased “sin taxes,” which are projected to bring in another $170 million per year.

It’s unclear how much property tax relief the new plan will provide, Linehan said Monday. And it’s unclear if the plan will garner the support of enough senators to become law, a feat that would likely require 33 votes to overcome a filibuster in Nebraska’s single-house Legislature made up of 49 lawmakers.

“Getting to 33 is very, very hard,” Linehan said, adding: “I think we’re at about 31 right now. So I’m not sure.”

Lou Ann Linehan MUG

Linehan

Prior versions of the plan have long faced criticism, particularly from urban lawmakers who have blasted the crux of the plan as a “reverse Robinhood’ scheme over its partial reliance on increased sales tax revenues to fund tax relief that will provide the most benefit to the state’s largest landowners.

Dungan, the lone member of the Revenue Committee to vote against the plan’s advancement Monday, called it “problematic” and said it “hurts poor people, is regressive in its nature and it doesn’t do enough to provide property tax relief for people across the board.”

George Dungan/MUG

Dungan

Under the committee’s plan, Nebraskans would pay the state’s 5.5% sales tax rate on previously untaxed goods and services, including lawn care and landscaping, dry cleaning, taxis and transportation, soda and candy, movers and storage facilities, nail and hair care, and marketing and public relations services.

The committee axed other new sales taxes that Gov. Jim Pillen had sought to enact under his tax plan, which called for the taxation of home and car repairs, zoo memberships, admissions to statewide sports events and accounting and tax preparation services.

In an effort to appease critics, the committee’s plan calls for the elimination of sales taxes on residential electric bills and a doubling of the earned income tax credit — which helps subsidize low-income working families by providing tax credits equal to a portion of their earnings — from 10% to 20%.

But Dungan said Monday those moves don’t go far enough.

“At the end of the day, the people who are most harmed by these kind of regressive packages are people who are on the lower end of income earners and who are on a fixed income,” he said, later adding: “I have no idea how they get to their 33 votes.”

Linehan’s path to a filibuster-proof majority appeared nonexistent in the hours after her committee sent the tax plan to the floor Monday afternoon.

Though there are 33 conservatives in the formally nonpartisan Legislature, Sen. Julie Slama of Dunbar has been among the tax plan’s most vocal critics. And Sen. Ray Aguilar of Grand Island, also a Republican, remained opposed Monday, he said.

Raymond Aguilar/MUG

Raymond Aguilar

 

“I don’t think it’s fair to my constituents at all to have to put on their backs property tax relief for rich billionaires,” said Aguilar, who reported that no one from the Revenue Committee reached out to him over the weekend — as Linehan said she and her allies were in contact with 40 lawmakers.

Other critics have blasted the Revenue Committee for “refusing” to seriously consider proposals to legalize and tax recreational marijuana or online sports gambling as they weigh the elimination of sales tax exemptions to help fund property tax relief.

Facing questions Monday over her attempts to broker compromise with her urban opponents, Linehan put the blame on the opposition.

“I don’t know, guys, I kind of gave up when they didn’t want EITC,” she told reporters, referring to the increased earned income tax credit. “When they walked away, didn’t care if we gave EITC, don’t seem to care or if it’s important that we have people who are in apartments, or on fixed income, and we keep taxing their electricity.”

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Reach the writer at 402-473-7223 or awegley@journalstar.com. On Twitter @andrewwegley

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