Floor Transcripts

LB 310 (1993)

Final Reading

May 20, 1993

SPEAKER BAACK: I Just wanted to make sure you hadn't gotten out of practice. Thank you, Senator Lindsay. You've heard the motion to readvance LB 500. All those in favor say aye. Opposed no. It is readvanced. My understanding is LB 560A does not have to be returned. That does not have to be amended so we will pass over LB 500A and go to LB 310.

CLERK: Mr. Clerk, Senator Will would move to return LB 310 for a specific amendment.

SPEAKER BAACK: Senator Will.

SENATOR WILL: Thank you, Mr. Speaker, members of the body, this is an amendment that I filed with Senator Warner. For a complete description of the issue we're talking about I would direct your attention to the committee statement on LB 763 in your bill book. This is a bill that I introduced that was heard by the Revenue Committee that was advanced without dissenting votes, but with amendments so it was not a consent calendar bill. Otherwise I suspect that it would have. This is a bill that deals with the situation that exists when a local subdivision of government has to refund taxes that have been declared unconstitutional as has occurred obviously over the last several years in the area of personal property taxes. What the bill would do is simply require the political subdivision to establish a, to certify a separate levy that would represent the amount that is required to generate the funds that have to be refunded to taxpayers. They would certify that levy to the county board and the county board would include that in their determination of the final tax levy necessary to fulfill the budget requirements of the subdivision for the year. Essentially this would not allow any increase over what they would be levying otherwise. This would simply list that levy

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separately so it would be very clear to the taxpayer when you get your property tax bill that a certain portion of the levy you're paying to selected subdivisions within your taxing jurisdiction is to go for taxes that are having to be reimbursed to other taxpayers due to court decisions. That is all the bill would do. It would, as I said, only kick in in instances where subdivisions are required to refund taxes. This would allow a specific levy to be identified for that purpose on the tax statement. I would urge your support to return this bill and adopt the amendment.

SPEAKER BAACK: Thank you, Senator Will. Discussion on the motion to return? Seeing none, do you wish to close, Senator Will? He waives closing. We will now vote on the motion to return. All those in favor vote aye, opposed vote no. Have you all voted on the motion to return? Have you all voted on the motion to return? Record, Mr. Clerk.

CLERK: 25 ayes, 0 nays, Mr. President, on the motion to return the bill.

SPEAKER BAACK: The bill is returned. Senator Will, on the amendment.

SENATOR WILL: Thank you, Mr. Speaker, I would simply urge your support for the adoption of the amendment as I described it. I would answer any questions if anyone would have any.

SPEAKER BAACK: Thank YOU, Senator Will. Discussion on the amendment by Senator Will? Seeing none, would you like to... We will now vote on the opposed vote no. We are voting on the amendment by Senator Will. Have you all voted? Have you all voted? Record, Mr. Clerk.

CLERK: 26 ayes, 0 nays, Mr. President, on the adoption of the Select File amendment.

SPEAKER BAACK: The amendment is adopted. Senator Hohenstein, would you like to move to readvance the bill.

SENATOR HOHENSTEIN: I'd move that LB 310 be advanced to E & R for engrossing.

SPEAKER BAACK: You've heard the motion to advance LB 310. All

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those in favor say aye. Opposed no. It is readvanced. We will do LB 203A.

CLERK: Senator, on 203A I have no amendments to the bill.

SPEAKER BAACK: Senator 11ohenstein.

SENATOR H09ENSTEIN: I'd move that LB 203A be advanced to E & R for engrossing.

SPEAKER BAACK: You've heard the motion to advance LB 203A. All those in favor say aye. Opposed no. It is advanced. We will now go to LB 782.

CLERK: Mr. President, 782 is on Select File. Senator, I do have E & R pending to the bill.

SPEAKER BAACK: Senator Hohenstein.

SENATOR HOHENSTEIN: I'd move the adoption of the E & R amendments to 782.

SPEAKER BAACK: You've heard the motion to adopt the E & R amendments to LB 782. All those in favor say aye. Opposed no. They are adopted.

CLERK: Senator Lindsay, you want to withdraw your amendment. Is that correct, Senator?

SPEAKER BAACK: It is withdrawn.

CLERK: Senator, I have nothing further pending to the bill.

SPEAKER BAACK: Senator Hohenstein.

SENATOR HOHENSTEIH: I'd move the advancement of LB 782 to E. & R for engrossing.

SPEAKER BAACK: You've heard the motion to advance LB 782. All those in favor say aye. Opposed no. It is advanced. Go to LB 139.

CLERK: LB 139, Senator, E & R is pending.

SPEAKER BAACK: Senator Hohenstain.

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