Nebraska 2025-2026 Regular Session

Nebraska legislature Bill LB131

Introduced
1/13/25  
Refer
1/15/25  

Caption

Include elementary and secondary schools in the Nebraska educational savings plan trust and change tax benefits

Summary

LB131 would substantially revise the Nebraska Educational Savings Plan Trust, which is Nebraska’s 529-style college savings program, by expanding it beyond postsecondary education. The bill would allow account funds to be used not only for qualified higher education expenses, but also for tuition at elementary and secondary schools, and it would create a new structure for accounts that can be used for K-12 tuition. It also adds a number of new definitions, operating rules, and administrative provisions governing participation agreements, account ownership, beneficiary changes, rollovers, cancellations, and reporting. The bill also creates or modifies several related programs and funds. It establishes a College Savings Incentive Cash Fund and an Employer Matching Contribution Incentive Program to encourage private employer contributions to employee accounts, and it creates a College Savings Plan Low-Income Matching Scholarship Program to provide state matching scholarships for eligible low-income families. In addition, it creates the Meadowlark Endowment Fund and Meadowlark Program, which would automatically open accounts for certain Nebraska children born after a specified date and provide annual distributions to help pay qualified higher education expenses. The bill further directs the State Treasurer, the Nebraska Investment Council, and the Department of Revenue to administer these programs and associated funds, and it includes detailed provisions on investment authority, audits, and confidentiality. LB131 would also amend Nebraska income tax law in many places to conform state tax treatment to the new savings and scholarship structures. The bill generally allows deductions or exclusions for contributions to the Nebraska educational savings plan trust and related accounts, and it adds back certain withdrawals or recaptured amounts when funds are used for nonqualified purposes. It also makes a series of technical changes to Nebraska’s tax code affecting federal adjusted gross income, including treatment of Social Security benefits, military retirement income, medical debt relief, firefighter cancer benefits, student loan repayment assistance, and other items. The bill’s tax provisions are broad and would affect individual taxpayers, fiduciaries, corporations, and participants in the savings programs. The general sentiment reflected by the bill’s status is mixed to negative from a legislative process standpoint, because LB131 was ultimately indefinitely postponed. No committee transcript or recorded vote history was provided, so there is no direct evidence of floor or committee debate in the materials supplied. Based on the bill’s structure, it appears to have been an expansive policy proposal aimed at increasing educational savings options and incentives, but its broad scope and multiple tax and program changes likely made it difficult to advance. The main points of contention likely involved the bill’s cost, complexity, and policy scope. The measure would have created new state-funded matching scholarships and employer incentives, redirected money from existing funds, and expanded the use of 529-style accounts to K-12 tuition, which could raise concerns about fiscal impact and program design. It also would have changed state tax treatment in numerous ways and created a new automatic account program for children, so lawmakers may have had concerns about administrative burden, eligibility rules, and whether the bill’s benefits should be focused on college savings rather than broader educational expenses.

Impact

LB131 would significantly amend Nebraska statutes governing the Nebraska Educational Savings Plan Trust and related tax provisions. It would expand permissible uses of savings plan funds to include elementary and secondary tuition, create new funds and programs administered by the State Treasurer, and revise Nebraska income tax calculations to add or subtract contributions, withdrawals, and other specified income items. The bill would affect account owners, beneficiaries, employers, low-income families, and children enrolled in the Meadowlark Program, while also imposing new reporting, audit, and investment-management requirements on state agencies.

Sentiment

The available record shows no committee transcript or vote detail, but the bill’s final status of indefinitely postponed suggests it did not gain enough legislative support to advance. The proposal appears to have been ambitious and policy-driven, with a strong emphasis on education savings and incentives, but the absence of recorded support in the provided materials and the bill’s failure to move indicate that sentiment in the Legislature was not sufficient for enactment.

Contention

Likely areas of contention included the bill’s fiscal impact, because it would have created state matching scholarships, employer incentive payments, and a new automatic endowment-funded account program. Lawmakers may also have questioned the breadth of the tax changes and whether it was appropriate to expand a college savings trust to cover K-12 tuition and multiple new account types. Administrative complexity, fund transfers, and the State Treasurer’s expanded responsibilities were also likely points of concern, especially given the bill’s extensive conforming amendments and new program structures.

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.