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LEGISLATIVE BILL 1067
Approved by the Governor April 14, 2026
Introduced by Hallstrom, 1; McKinney, 11; Dover, 19; Quick, 35.
A BILL FOR AN ACT relating to revenue and taxation; to amend section 81-1230,
Reissue Revised Statutes of Nebraska, section 58-703, Revised Statutes
Cumulative Supplement, 2024, and sections 76-901, 76-903, 77-1327, and
81-1239, Revised Statutes Supplement, 2025; to change provisions relating
to the Affordable Housing Trust Fund, the rate and disbursement of the
documentary stamp tax, the Rural Workforce Housing Investment Fund, and
the Middle Income Workforce Housing Investment Fund; to harmonize
provisions; and to repeal the original sections.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 58-703, Revised Statutes Cumulative Supplement, 2024,
is amended to read:
58-703 (1) The Affordable Housing Trust Fund is created. The fund shall
receive money pursuant to section 76-903 and may include revenue from sources
recommended by the housing advisory committee established in section 58-704,
appropriations from the Legislature, transfers authorized by the Legislature,
grants, private contributions, repayment of loans, and all other sources. The
Department of Economic Development as part of its comprehensive housing
affordability strategy shall administer the Affordable Housing Trust Fund.
(2)(a) Prior to July 1, 2027, transfers Transfers may be made from the
Affordable Housing Trust Fund to the General Fund, the Behavioral Health
Services Fund, the Lead-Based Paint Hazard Control Cash Fund, the Middle Income
Workforce Housing Investment Fund, the Rural Workforce Housing Investment Fund,
and the Site and Building Development Fund at the direction of the Legislature.
(b) Beginning on and after July 1, 2027, money shall not be transferred
from the Affordable Housing Trust Fund.
Sec. 2. Section 76-901, Revised Statutes Supplement, 2025, is amended to
read:
76-901 There is hereby imposed a tax on the grantor executing the deed as
defined in section 76-203 upon the transfer of a beneficial interest in or
legal title to real estate at the rate of three two dollars and thirty-two
cents for each one thousand dollars value or fraction thereof for transfers
before January 1, 2032, and at the rate of two dollars and thirty-two cents for
each one thousand dollars value or fraction thereof for transfers on or after
January 1, 2032. For purposes of sections 76-901 to 76-908, value means (1) in
the case of any deed, not a gift, the amount of the full actual consideration
thereof, paid or to be paid, including the amount of any lien or liens assumed,
and (2) in the case of a gift or any deed with nominal consideration or without
stated consideration, the current market value of the property transferred.
Such tax shall be evidenced by stamps to be attached to the deed. All deeds
purporting to transfer legal title or beneficial interest shall be presumed
taxable unless it clearly appears on the face of the deed or sufficient
documentary proof is presented to the register of deeds that the instrument is
exempt under section 76-902.
Sec. 3. Section 76-903, Revised Statutes Supplement, 2025, is amended to
read:
76-903 The Tax Commissioner shall design such stamps in such denominations
as in his or her judgment will be the most advantageous to all persons
concerned. When any deed subject to the tax imposed by section 76-901 is
offered for recordation, the register of deeds shall ascertain and compute the
amount of the tax due thereon and shall collect such amount as a prerequisite
to acceptance of the deed for recordation. If a dispute arises concerning the
taxability of the transfer, the register of deeds shall not record the deed
until the disputed tax is paid. If a disputed tax has been paid, the taxpayer
may file for a refund pursuant to section 76-908. The taxpayer may also seek a
declaratory ruling pursuant to rules and regulations adopted and promulgated by
the Department of Revenue. From each three two dollars and thirty-two cents of
tax collected pursuant to section 76-901 for transfers before January 1, 2032 ,
the register of deeds shall retain fifty cents to be placed in the county
general fund and shall remit the balance to the State Treasurer who shall
credit ninety-five cents of such amount to the Affordable Housing Trust Fund,
twenty-five cents of such amount to the Site and Building Development Fund,
twenty-five cents of such amount to the Homeless Shelter Assistance Trust Fund,
thirty cents of such amount to the Behavioral Health Services Fund, and seven
cents of such amount to the Domestic Violence and Sex Trafficking Survivor
Housing Assistance Fund , fifty cents of such amount to the Rural Workforce
Housing Investment Fund, and fifty cents of such amount to the Middle Income
Workforce Housing Investment Fund. From each two dollars and thirty-two cents
of tax collected pursuant to section 76-901 for transfers on or after January
1, 2032, the register of deeds shall retain fifty cents to be placed in the
county general fund and shall remit the balance to the State Treasurer who
shall credit ninety-five cents of such amount to the Affordable Housing Trust
Fund, twenty-five cents of such amount to the Site and Building Development
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Fund, twenty-five cents of such amount to the Homeless Shelter Assistance Trust
Fund, thirty cents of such amount to the Behavioral Health Services Fund, and
seven cents of such amount to the Domestic Violence and Sex Trafficking
Survivor Housing Assistance Fund. Except as provided in subsection (6) of
section 81-1230, subsection (3) of section 81-1231, subsection (6) of section
81-1239, and subsection (3) of section 81-1240, any money remitted to the State
Treasurer under this section shall only be used to credit the funds described
in this section and any purpose authorized by the funds such money is credited
to and shall not be used for any other purpose.
Sec. 4. Section 77-1327, Revised Statutes Supplement, 2025, is amended to
read:
77-1327 (1) It is the intent of the Legislature that accurate and
comprehensive information be developed by the Property Tax Administrator and
made accessible to the taxing officials and property owners in order to ensure
the uniformity and proportionality of the assessments of real property
valuations in the state in accordance with law and to provide the statistical
and narrative reports pursuant to section 77-5027.
(2) All transactions of real property for which the statement required in
section 76-214 is filed shall be available for development of a sales file by
the Property Tax Administrator. All transactions with stated consideration of
more than one hundred dollars or upon which more than three two dollars and
thirty-two cents in documentary stamp taxes for transactions before January 1,
2032, or two dollars and thirty-two cents in documentary stamp taxes for
transactions on or after January 1, 2032, are paid shall be considered sales.
All sales shall be deemed to be arm's length transactions unless determined to
be otherwise under professionally accepted mass appraisal techniques. The
Department of Revenue shall not overturn a determination made by a county
assessor regarding the qualification of a sale unless the department reviews
the sale and determines through the review that the determination made by the
county assessor is incorrect.
(3) The Property Tax Administrator annually shall make and issue
comprehensive assessment ratio studies of the average level of assessment, the
degree of assessment uniformity, and the overall compliance with assessment
requirements for each major class of real property subject to the property tax
in each county. The comprehensive assessment ratio studies shall be developed
in compliance with professionally accepted mass appraisal techniques and shall
employ such statistical analysis as deemed appropriate by the Property Tax
Administrator, including measures of central tendency and dispersion. The
comprehensive assessment ratio studies shall be based upon the sales file as
developed in subsection (2) of this section and shall be used by the Property
Tax Administrator for the analysis of the level of value and quality of
assessment for purposes of section 77-5027 and by the Property Tax
Administrator in establishing the adjusted valuations required by section
79-1016. Such studies may also be used by assessing officials in establishing
assessed valuations.
(4) For purposes of determining the level of value of agricultural and
horticultural land subject to special valuation under sections 77-1343 to
77-1347.01, the Property Tax Administrator shall annually make and issue a
comprehensive study developed in compliance with professionally accepted mass
appraisal techniques to establish the level of value if in his or her opinion
the level of value cannot be developed through the use of the comprehensive
assessment ratio studies developed in subsection (3) of this section.
(5) County assessors and other taxing officials shall electronically
report data on the assessed valuation and other features of the property
assessment process for such periods and in such form and content as the
Property Tax Administrator shall deem appropriate. The Property Tax
Administrator shall so construct and maintain the system used to collect and
analyze the data to enable him or her to make intracounty comparisons of
assessed valuation, including school districts and other political
subdivisions, as well as intercounty comparisons of assessed valuation,
including school districts and other political subdivisions. The Property Tax
Administrator shall include analysis of real property sales pursuant to land
contracts and similar transfers at the time of execution of the contract or
similar transfer.
Sec. 5. Section 81-1230, Reissue Revised Statutes of Nebraska, is amended
to read:
81-1230 (1) The Rural Workforce Housing Investment Fund is created.
Funding for the grant program described in section 81-1229 shall come from the
Rural Workforce Housing Investment Fund. The Rural Workforce Housing Investment
Fund shall receive money pursuant to section 76-903 and may include revenue
from appropriations from the Legislature, grants, private contributions, and
other sources. In addition, the State Treasurer shall make a one-time transfer
of seven million three hundred thousand dollars on or before October 1, 2017,
from the Affordable Housing Trust Fund to the Rural Workforce Housing
Investment Fund. Any money in the Rural Workforce Housing Investment Fund
available for investment shall be invested by the state investment officer
pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds
Investment Act.
(2) The department shall administer the Rural Workforce Housing Investment
Fund and may seek additional private or nonstate funds to use in the grant
program, including, but not limited to, contributions from the Nebraska
Investment Finance Authority and other interested parties.
(3) Interest earned by the department on grant funds shall be applied to
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the grant program.
(4) If a nonprofit development organization fails to engage in the initial
qualified activity within twenty-four months after receiving initial grant
funding, the nonprofit development organization shall return the grant funds to
the department for credit to the General Fund.
(5) If a nonprofit development organization fails to allocate any
remaining initial grant funding on a qualified activity within twenty-four
months after engaging in the initial qualified activity, the nonprofit
development organization shall return such unallocated grant funds to the
department for credit to the Rural Workforce Housing Investment Fund.
(6) Beginning July 1, 2027, any funds held by the department in the Rural
Workforce Housing Investment Fund shall be transferred to the General Fund.
Sec. 6. Section 81-1239, Revised Statutes Supplement, 2025, is amended to
read:
81-1239 (1) The Middle Income Workforce Housing Investment Fund is
created. Funding for the grant program described in section 81-1238 shall come
from the Middle Income Workforce Housing Investment Fund. The Middle Income
Workforce Housing Investment Fund shall receive money pursuant to section
76-903 and may include revenue transferred at the direction of the Legislature,
grants, private contributions, and other sources. Any money in the Middle
Income Workforce Housing Investment Fund available for investment shall be
invested by the state investment officer pursuant to the Nebraska Capital
Expansion Act and the Nebraska State Funds Investment Act.
(2) The department shall establish a subaccount within the Middle Income
Workforce Housing Investment Fund that shall be used to fund affordable housing
and related land parcel preparation activities under the Economic Recovery Act
as described in subdivisions (4)(d) and (e) of section 81-12,241.
(3) The department shall administer the Middle Income Workforce Housing
Investment Fund and may seek additional private or nonstate funds to use in the
grant program under the Middle Income Workforce Housing Investment Act,
including, but not limited to, contributions from the Nebraska Investment
Finance Authority and other interested parties.
(4) Interest earned by the department on grant funds shall be applied to
the grant program.
(5) If a nonprofit development organization, or a recipient of subaccount
funds described in subsection (2) of this section, fails to engage in a
qualified activity within twenty-four months after receiving initial grant
funding, the nonprofit development organization or recipient of subaccount
funds shall return the grant proceeds to the department for credit to the
General Fund.
(6) Beginning July 1, 2029, any funds held by the department in the Middle
Income Workforce Housing Investment Fund shall be transferred to the General
Fund.
Sec. 7. Original section 81-1230, Reissue Revised Statutes of Nebraska,
section 58-703, Revised Statutes Cumulative Supplement, 2024, and sections
76-901, 76-903, 77-1327, and 81-1239, Revised Statutes Supplement, 2025, are
repealed.
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