Debate Transcripts

LB 719A (1992)

Final Reading

April 13, 1992

CLERK: Madam President, 718, Senator Will would move to return the bill.

PRESIDENT MOUL: Senator Will.

SENATOR WILL: Madam President, I'd withdraw that motion.

PRESIDENT MOUL: Motion is withdrawn.

CLERK: Madam President, Senator Abboud has a bill ... motion to return the bill.

PRESIDENT MOUL: Senator Abboud.

SENATOR ABBOUD: I would withdraw the motion.

PRESIDENT MOUL: Motion is withdrawn. We'll proceed with Final Reading on LB 718.

ASSISTANT CLERK: (Read LB 718 on Final Reading.),

PRESIDENT MOUL: All provisions of law relative to procedure having been complied with, the question is, shall LB 718 pass with the emergency clause attached? All those in favor please vote aye, opposed nay. Have you all voted? Have you all voted? Have you all voted? Please record, Mr. Clerk.

CLERK: (Record vote read- See pages 2225-26 of the Legislative Journal.) 33 ayes, 13 nays, 2 present and not voting, 1 excused and not voting, Madam President.

PRESIDENT MOUL: LB 718 passes with the emergency clause attached. Items for the record, Mr. Clerk.

CLERK: Madam President, I do have a priority motion. Right before that, if I may, interim study resolution referral by the Reference Committee. (See Reference Committee Report regarding LR 436 as found on page 2228 of the Legislative Journal.) Attorney General's Opinion to Senator Schmit. (See Attorney General's opinion No. 92060 regarding LB 719A as found on pages 222628 of the Legislative Journal.) Study resolution, LR 441 offered by senators... by the Appropriations Committee. (See pages 2228-29 of the Legislative Journal.)

Madam President, the he priority motion I have is with respect to

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LB 719A. Senator Robinson would move to return the bill. I'm sorry, would move to reconsider the vote on Final Reading with the emergency clause attached.

PRESIDENT MOUL: Senator Robinson.

SENATOR ROBINSON: Madam President, members of the body, I move for the reconsideration of LB 719AE. I was talking to a school group at the time. I was excused. I would have voted for the bill. There are a couple things that we need the emergency clause for and I would give the rest of my time to Senator Hefner. If there's time left, I'll give it to...then hopefully Senator Crosby would have some time.

PRESIDENT MOUL: Senator Hefner.

SENATOR HEFNER: Madam President and members of the body, I rise to support the reconsideration side ration motion and appreciate Senator Robinson offering it at this time. If you remember, this morning we did have 32 votes so we only need one more for the emergency clause, but the section that I am interested in is removing the compost section from the tax. Vie discussed that the other day and it carried by a very good vote, but the way it is now these people, these farmers or businesses that are selling compost would have to charge the 4 dollar tax and they're only getting a little more than that for the compost. So I think it's only reasonable that we put the emergency clause on this bill so, that they would be relieved of this duty. Right at the present time, it creates quite a problem for the Department of Revenue because they would have to go ahead and carry the law out as we have passed it. Sol would...I would sure appreciate it if you'd vote with me on this reconsider motion and vote for Senator Robinson's reconsideration motion and I also want to tell you that we need to get rid of this compost. It needs to be spread on the. land and if this doesn't pass I'm afraid that it will just sit in a pile until it does take effect 90 days from adjournment day, which is tentatively set for tomorrow. So, again, I'd appreciate your reconsideration vote an this issue. Thank you.

PRESIDENT MOUL: Thank you, Senator Hefner. We'll now recognize Senator Elmer, followed by Senators Heftier, Moore, Crosby, Rod Johnson, Nelson and Hall. Senator Elmer.

SENATOR ELMER: Thank You, Madam President and members. This is

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more in a point ... kind of a point of personal privilege than to, talk about the reconsideration. Senator Hall, I thank you for your apology on attaching your little noncontroversial airport bill to my little noncontroversial highway bill that allows the Department of Roads to negotiate closing or abandoning a state highway. However, knowing the alacrity with which the Department of Roads acts on things, you notice that LB 126 neither last year nor this year had a priority and I don't think that much difference will be made when I introduce the same legislation next year as far as time line is concerned. And. so the loss of my bill to me is, just a matter of a year later, but thank you very much for the thought.

PRESIDENT MOUL: Thank you, Senator Elmer. Senator Hefner. Senator Moore.

SENATOR MOORE: Madam Speaker and members, as far as 719AE, if it's going to pass, I guess somebody needs to give me a compelling reason why it needs the emergency clause, but the only thing I wanted to use this time to point out publicly I think this body came under a good deal of criticism in recent days of not doing some things last week.' I think I wanted to point out for the record that, had we not spent a couple afternoons and a couple mornings debating this bill after we already passed LB 1063, we may have had the time to get to some of the other measures that the Administration wanted us to get to. Had the Speaker not given priority to this bill, maybe we could have had the priority of other things and I ... I say I think this body got some undue criticism for not acting on the income tax measure that Senator Landis wanted us to on very short notice and I, myself, probably would have supported that particular measure but I'm not about to rewrite a 650 million dollar tax code with no amendments and no debate. I think the proper way for us to do, to work in here, and nor do I think it's proper for the Administration to make it sound like there was some other reason other than the fact that we wanted to debate that thing, I think it's something that deserved debate and I just wanted to mention that had we not been spending a few days having to fix LB 1063 and certain people who chose to ignore the lawsuits of the railroads for a good deal of time, we possibly could have had time to debate that. We spent a lot of time debating the property tax as we should. (LB) 719A is fine, but it's things like ... it's reasons like that, there was flood reasons we never got to a lot of priority bills, including Senator Hall's priority bill. I understand that. But had we

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not had to deal with 719A in its total maybe we would have had time to get to some of the other things. I think this body got some undue criticism an. I wanted to point out one of the reasons why we never got to that issue was because we spent a good deal of time debating this particular bill.

SPEAKER BAACK PRESIDING

SPEAKER BAACK: Thank you... Senator Moore. Senator Crosby.

SENATOR CROSBY: Thank, you, Mr. Speaker and members. To get back to LB 719AE, the reason I am supporting the motion to reconsider is that I would like to have the vote taken again and hope, that we could get the 33 votes that we need for the emergency clause. I ... you will remember that you supported my amendment of LB 997 into 719AE and LB 997, 1 will refresh your memory quickly clarifies that depreciation to the 2 or 4 percent surcharge Provided in LB 829, which is for the year, the tax year, 1991, must be depreciation deducted by an entity subject to the tax laws of this state. LB 997 would subject a partner to the surcharge only if the partnership itself is subjected to the tax jurisdiction of Nebraska and required to file an information return with the department. So, if 719AE does not pass today with the emergency clause, April 15 is only a day away, day after tomorrow is the ides of April, and those people who are subject to this depreciation surcharge, it won't do them any good because it's for the year 1991, the returns that are being filed April 15. So, from that point of view, I would hope you would vote to reconsider and then vote for 719AE so we get the 33 votes. Thank you.

SPEAKER BAACK: Thank you, Senator Crosby. Senator Rod Johnson. Question's been called. Do I see five hands? I do. We will now vote on ceasing debate. All those in favor vote aye', opposed vote no. Record, Mr. Clerk.

CLERK: 27 ayes, 0 nays to cease debate, Mr. President.

SPEAKER BAACK: Debate has ceased. Senator Robinson, to close on your motion to reconsider. Waives closing. We will now vote on the motion to reconsider. All those in favor vote aye, opposed vote no. Record, Mr. Clerk.

CLERK: 34 ayes, 0 nays, Mr. President, on the motion to reconsider the Final Reading vote with the emergency clause

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attached.

SPEAKER BAACK: All provisions of law relative to procedure having been complied with, the question is, shall LB 719A with the emergency clause attached pass? All those in favor vote aye, opposed vote no. We are voting on the passage of 719A with the emergency clause. Have you all voted? Have you all voted? Record, Mr. Clerk.

CLERK: (Record vote read. See pages. 2229-30 of the Legislative Journal.) 33 ayes, 9 nays, 3 present and not voting, 4 excused and not voting.

SPEAKER BAACK: LB 719A with the emergency clause attached passes. Yes, we do have a... it does not. appear on your agenda, but we do have LB 718A that we are going to read right now.

CLERK: (Read LB 718A on Final Reading.)

PRESIDENT MOUL PRESIDING

PRESIDENT MOUL: All provisions of law relative to procedure having been complied with, the question is, shall LB 718A pass with the emergency clause attached? All those in favor please vote aye, opposed nay. Have you all voted? Please record, Mr. Clerk.

CLERK: (Record vote read. (See pages 2230-31 of the Legislative Journal.) 36 ayes, 4 nays, 4 present and not voting, 5 excused and not voting, Madam President.

PRESIDENT MOUL: LB 718A passes with the emergency clause attached. While the Legislature is in session and capable of conducting business, I propose to sign and do sign LB 1115, 415, 1011, 718, and 718A. Legislature will stand at ease.

EASE

PRESIDENT MOUL: Items for the record, Mr. Clerk.

CLERK: Madam President, Legislative Bill 719A is reported correctly reenrolled. It's offered by Senator Will, as Chair. New resolutions: LR 442 by Senators Moore, Schmit, Landis, Beutler, Wesely, Crosby, Schimek; 443 by Senators Hall and Senator Schmit; and LR 444, a new constitutional amendment that

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