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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 734
Introduced by Hunt, 8.
Read first time January 07, 2026
Committee: Health and Human Services
A BILL FOR AN ACT relating to the Supplemental Nutrition Assistance1
Program; to amend section 68-1017.02, Revised Statutes Supplement,2
2025; to require the Department of Health and Human Services to3
apply for a waiver of work requirements for certain individuals; to4
eliminate provisions relating to work requirements as prescribed;5
and to repeal the original section. 6
Be it enacted by the people of the State of Nebraska,7
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Section 1. Section 68-1017.02, Revised Statutes Supplement, 2025, is1
amended to read: 2
68-1017.02 (1)(a) The Department of Health and Human Services shall3
apply for and utilize to the maximum extent possible, within limits4
established by the Legislature, any and all appropriate options available5
to the state under the federal Supplemental Nutrition Assistance Program6
and regulations adopted under such program to maximize the number of7
Nebraska residents being served under such program within such limits.8
The department shall seek to maximize federal funding for such program9
and minimize the utilization of General Funds for such program and shall10
employ the personnel necessary to determine the options available to the11
state and issue the report to the Legislature required by subdivision (b)12
of this subsection. 13
(b) The department shall submit electronically an annual report to14
the Health and Human Services Committee of the Legislature by December 115
on efforts by the department to carry out the provisions of this16
subsection. Such report shall provide the committee with all necessary17
and appropriate information to enable the committee to conduct a18
meaningful evaluation of such efforts. Such information shall include,19
but not be limited to, a clear description of various options available20
to the state under the federal Supplemental Nutrition Assistance Program,21
the department's evaluation of and any action taken by the department22
with respect to such options, the number of persons being served under23
such program, and any and all costs and expenditures associated with such24
program. 25
(c) The Health and Human Services Committee of the Legislature,26
after receipt and evaluation of the report required in subdivision (b) of27
this subsection, shall issue recommendations to the department on any28
further action necessary by the department to meet the requirements of29
this section. 30
(2)(a) The department shall develop a state outreach plan to promote31
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access by eligible persons to benefits of the Supplemental Nutrition1
Assistance Program. The plan shall meet the criteria established by the2
Food and Nutrition Service of the United States Department of Agriculture3
for approval of state outreach plans. The Department of Health and Human4
Services may apply for and accept gifts, grants, and donations to develop5
and implement the state outreach plan. 6
(b) For purposes of developing and implementing the state outreach7
plan, the department shall partner with one or more counties or nonprofit8
organizations. If the department enters into a contract with a nonprofit9
organization relating to the state outreach plan, the contract may10
specify that the nonprofit organization is responsible for seeking11
sufficient gifts, grants, or donations necessary for the development and12
implementation of the state outreach plan and may additionally specify13
that any costs to the department associated with the award and management14
of the contract or the implementation or administration of the state15
outreach plan shall be paid out of private or federal funds received for16
development and implementation of the state outreach plan.17
(c) The department shall submit the state outreach plan to the Food18
and Nutrition Service of the United States Department of Agriculture for19
approval on or before August 1, 2011, and shall request any federal20
matching funds that may be available upon approval of the state outreach21
plan. It is the intent of the Legislature that the State of Nebraska and22
the Department of Health and Human Services use any additional public or23
private funds to offset costs associated with increased caseload24
resulting from the implementation of the state outreach plan.25
(d) The department shall be exempt from implementing or26
administering a state outreach plan under this subsection, but not from27
developing such a plan, if it does not receive private or federal funds28
sufficient to cover the department's costs associated with the29
implementation and administration of the plan, including any costs30
associated with increased caseload resulting from the implementation of31
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the plan. 1
(3)(a) It is the intent of the Legislature that:2
(i) Hard work be rewarded and no disincentives to work exist for3
Supplemental Nutrition Assistance Program participants;4
(ii) Supplemental Nutrition Assistance Program participants be5
enabled to advance in employment, through greater earnings or new,6
better-paying employment; 7
(iii) Participants in employment and training pilot programs be able8
to maintain Supplemental Nutrition Assistance Program benefits while9
seeking employment with higher wages that allow them to reduce or10
terminate such program benefits; and 11
(iv) Nebraska better utilize options under the Supplemental12
Nutrition Assistance Program that other states have implemented to13
encourage work and employment. 14
(b)(i) The department shall create a TANF-funded program or policy15
that, in compliance with federal law, establishes categorical eligibility16
for federal food assistance benefits pursuant to the Supplemental17
Nutrition Assistance Program to maximize the number of Nebraska residents18
being served under such program in a manner that does not increase the19
current gross income eligibility limit except as otherwise provided in20
subdivision (3)(b)(ii) of this section. 21
(ii) Such TANF-funded program or policy shall increase the gross22
income eligibility limit to one hundred sixty-five percent of the federal23
Office of Management and Budget income poverty guidelines as allowed24
under federal law and under 7 C.F.R. 273.2(j)(2), as such law and25
regulation existed on April 1, 2021, but shall not increase the net26
income eligibility limit. 27
(iii) To the extent federal funds are available to the Department of28
Labor for the SNAP Next Step Program, until September 30, 2023, any29
recipient of Supplemental Nutrition Assistance Program benefits whose30
household income is between one hundred thirty-one and one hundred sixty-31
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five percent of the federal Office of Management and Budget income1
poverty guidelines and who is not exempt from work participation2
requirements shall be encouraged to participate in the SNAP Next Step3
Program administered by the Department of Labor if the recipient is4
eligible to participate in the program and the program's services are5
available in the county in which such household is located. It is the6
intent of the Legislature that no General Funds be utilized by the7
Department of Labor for the processes outlined in this subdivision (iii).8
For purposes of this section, SNAP Next Step Program means a partnership9
program between the Department of Health and Human Services and the10
Department of Labor to assist under-employed and unemployed recipients of11
Supplemental Nutrition Assistance Program benefits in finding self-12
sufficient employment. 13
(iv) Such TANF-funded program or policy shall eliminate all asset14
limits for eligibility for federal food assistance benefits, except that15
the total of liquid assets which includes cash on hand and funds in16
personal checking and savings accounts, money market accounts, and share17
accounts shall not exceed twenty-five thousand dollars pursuant to the18
Supplemental Nutrition Assistance Program, as allowed under federal law19
and under 7 C.F.R. 273.2(j)(2). 20
(v) This subsection becomes effective only if the department21
receives funds pursuant to federal participation that may be used to22
implement this subsection. 23
(c) For purposes of this subsection: 24
(i) Federal law means the federal Food and Nutrition Act of 2008, 725
U.S.C. 2011 et seq., and regulations adopted under the act; and26
(ii) TANF means the federal Temporary Assistance for Needy Families27
program established in 42 U.S.C. 601 et seq. 28
(4)(a) Within the limits specified in this subsection, the State of29
Nebraska opts out of the provision of the federal Personal Responsibility30
and Work Opportunity Reconciliation Act of 1996, as such act existed on31
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January 1, 2009, that eliminates eligibility for the Supplemental1
Nutrition Assistance Program for any person convicted of a felony2
involving the possession, use, or distribution of a controlled substance.3
(b) A person shall be ineligible for Supplemental Nutrition4
Assistance Program benefits under this subsection if he or she (i) has5
had three or more felony convictions for the possession or use of a6
controlled substance or (ii) has been convicted of a felony involving the7
sale or distribution of a controlled substance or the intent to sell or8
distribute a controlled substance. A person with one or two felony9
convictions for the possession or use of a controlled substance shall10
only be eligible to receive Supplemental Nutrition Assistance Program11
benefits under this subsection if he or she is participating in or has12
completed a state-licensed or nationally accredited substance abuse13
treatment program since the date of conviction. The determination of such14
participation or completion shall be made by the treatment provider15
administering the program. 16
(5) No later than October 1, 2026 and each October 1 thereafter, the17
department shall submit an application to the United States Department of18
Agriculture to waive work requirements for homeless individuals,19
veterans, and foster care individuals pursuant to section 17(b) of the20
federal Food and Nutrition Act of 2008. Such waiver application shall21
restore the work requirement exemptions as such exemptions existed prior22
to the federal changes implemented in section 10102 of Public Law 119-2123
for homeless individuals, veterans, and foster care individuals. For24
purposes of this subsection, a foster care individual is an individual25
who is twenty-four years of age or younger and who was in foster care on26
the date such individual attained eighteen years of age or older.27
(5) Unless expressly required by federal law, the department shall28
not seek, apply for, accept, or renew a waiver of any work requirement29
established by the Supplemental Nutrition Assistance Program under 730
U.S.C. 2015(o), as such section existed on January 1, 2025, except that31
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the department may exercise the state's option to provide an exemption1
from the work requirement under 7 U.S.C. 2015(o)(6), as such section2
existed on January 1, 2025. 3
(6) The department may, at its discretion, exercise its authority4
under 7 U.S.C. 2015(d), as such section existed on January 1, 2025, to5
require individuals, unless specifically exempted by federal regulations6
or law, to participate in an employment and training program as defined7
in 7 U.S.C. 2015(d)(4), as such section existed on January 1, 2025.8
Sec. 2. Original section 68-1017.02, Revised Statutes Supplement,9
2025, is repealed. 10
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