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Floor Debate March 21, 2018

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Floor Debate March 21, 2018 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Floor Debate March 21, 2018 [LB17 LB22 LB44 LB63 LB256 LB295 LB321 LB350 LB461 LB477 LB518 LB564 LB596 LB678 LB743 LB750 LB775 LB827 LB829 LB855 LB861 LB865 LB874 LB897 LB906 LB936 LB940 LB940A LB944 LB945 LB946 LB947 LB948 LB950 LB986 LB993 LB993A LB1005 LB1009 LB1040 LB1081 LB1081A LB1084 LB1090 LB1090A LB1091 LB1103 LB1132 LR357 LR358 LR359 LR360] PRESIDENT FOLEY PRESIDING PRESIDENT FOLEY: Good morning, ladies and gentlemen. Welcome to the George W. Norris Legislative Chamber for the forty-sixth day of the One Hundred Fifth Legislature, Second Session. Our chaplain for today is Pastor Neil Wheeler of the Peace Lutheran Church in Waverly, Nebraska, Senator Geist's district. Please rise. PASTOR WHEELER: (Prayer offered.) PRESIDENT FOLEY: Thank you, Pastor Wheeler. I call to order the forty-sixth day of the One Hundred Fifth Legislature, Second Session. Senators, please record your presence. Roll call. Mr. Clerk, please record. CLERK: I have a quorum present, Mr. President. PRESIDENT FOLEY: Thank you, Mr. Clerk. Are there any corrections for the Journal? CLERK: I have no corrections. PRESIDENT FOLEY: Thank you, sir. Are there any messages, reports, or announcements? CLERK: Mr. President, your Committee on Agriculture reports LB477 to General File with amendments, and Senator Quick has an amendment to be printed to LB295. That's all that I have, Mr. President. (Legislative Journal pages 1051-1052.) [LB477 LB295] PRESIDENT FOLEY: Thank you, Mr. Clerk. (Visitors introduced.) We'll proceed to the agenda--General File, appropriations bills. Mr. Clerk. CLERK: Mr. President, LB993A, a bill by Senator Friesen. (Read title.) [LB993A] PRESIDENT FOLEY: Senator Friesen, you're recognized to open on LB993A. [LB993A] 1 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Floor Debate March 21, 2018 SENATOR FRIESEN: Thank you, Mr. Lieutenant Governor and members of the Legislature. LB993A is a appropriations bill that carries out provisions of LB993 which is now on Final Reading. This bill would appropriate the cash funds from the 911 Service System Fund to fund the provisions of LB993 and I urge you to give a green light to LB993A. [LB993A LB993] PRESIDENT FOLEY: Thank you, Senator Friesen. Is there any discussion to LB993A? Seeing none, Senator Friesen, you're recognized to close. He waives closing. The question for the body is the advance of LB993A to E&R Initial. Those in favor vote aye; those opposed vote nay. Have you all voted who care to? Record, please. [LB993A] CLERK: 34 ayes, 0 nays, Mr. President, on the advancement of LB993A. [LB993A] PRESIDENT FOLEY: LB993A advances. Next bill, please. [LB993A] CLERK: Mr. President, LB1090A. It's a bill by Senator Smith. (Read title.) [LB1090A] PRESIDENT FOLEY: Senator Smith, you're recognized to open on LB1090A. [LB1090A] SENATOR SMITH: Thank you, Mr. President, and good morning, colleagues. This is the A bill for LB1090, one zero nine zero. As you recall, LB1090 is the bill that responds to the federal Tax Cuts and Jobs Act. Its intent is to hold Nebraska taxpayers harmless to the extent possible. We advanced that bill from General File on March 15. The A bill reflects a one-time programming charge of $8,402 paid to the office of the CIO for changes to the e-file system for individual income tax filing system. LB1090A needs to catch up to the underlying bill, and I ask for your green vote. Thank you, colleagues. Thank you, Mr. President. [LB1090A LB1090] PRESIDENT FOLEY: Thank you, Senator Smith. Debate is now open on LB1090A. Senator Brasch. [LB1090A] SENATOR BRASCH: Thank you, Mr. President, and good morning, colleagues. I rise today as a point of personal privilege, and I rise because today is World Down Syndrome Day. Many of you did sign the resolution, LR356, last night, and you're still able to sign-on electronically. World Down Syndrome Day is the 21st day of the third month, and it was selected to signify the uniqueness of the triplication or trisomy of the 21st chromosome which causes Down syndrome. If you were here and recall in 2016, I introduced and this body, 46 members with three excused, one present and not voting passed LB891 to provide expectant and new parents with supportive and accurate information regarding the Down syndrome diagnosis for their child. And this resolution recognizes the individuals and their families. Those individuals that live with Down 2 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Floor Debate March 21, 2018 syndrome, that they should have equal opportunity to achieve their desired goal of self- fulfillment and be valued for their achievement to be included in their communities, and to be encouraged to reach their full potential. Introducing this bill was very rewarding. Many senators stepped forward and spoke well and excited about those with Down syndrome and Down syndrome families they personally knew across the state. So today, as World Down Syndrome Day, I want to thank you, thank and recognize those families. Thank you, Mr. President. Thank you, colleagues. [LB1090A] PRESIDENT FOLEY: Thank you, Senator Brasch. Senator Krist. [LB1090A] SENATOR KRIST: Thank you, Mr. President. I wonder if...good morning, colleagues, and good morning, Nebraska. I wonder if Senator Smith would yield to a question. [LB1090A] PRESIDENT FOLEY: Senator Smith, would you yield to questions, please? [LB1090A] SENATOR SMITH: Yes, I will. [LB1090A] SENATOR KRIST: We are restoring, if you will, 200-plus million dollars not taking that tax away from our citizens in the state of Nebraska based upon the tax increase that resulted from the federal tax program. And it would seem to me, logically, that if we're not changing in terms of the way we're doing business, that is that we're restoring the ability for people to have those tax deductions, that there wouldn't be a need to reprogram something that was already in place. Could you enlighten me and others as to why it's necessary for the Department of Revenue to charge $8,000 to reprogram? [LB1090A] SENATOR SMITH: Well, specifically...specific to the changes in LB1090 whenever you have an elimination of the personal exemption and of us having to go in and create our own personal exemption credit to offset what we lost at the federal level, that is what is creating changes not only on the forms, but also in the program and language inside of the e-file system. And this is...my understanding is that to some degree even without this change that there may have been...it may have been necessary to have programming changes even without the passage of LB1090 that would have resulted in similar types of costs in programming simply because of the difference between the federal and the state e-file systems. [LB1090A LB1090] SENATOR KRIST: And essentially that's the information, as I have studied. You know, I did put an amendment on LB1090. We had a pretty active discussion. I'm not going to ask anything more, Senator Smith. Thank you. That's my understanding as well in my investigation about LB1090 and what we were going to do. So essentially, colleagues, I'm going to vote for this A 3 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Floor Debate March 21, 2018 bill because the Department of Revenue is telling us that they have a bill that they need to pay above and beyond, but, in fact, in fact, what the federal tax increase in the state of Nebraska did, which all of our elected officials at the federal level voted for, would have required the reprogramming fee regardless of what we're doing here. So I find it suspect that they came up with that particular amount of money, but, again, I'm going to support LB1090A. I will have something to say on Final Reading about LB1090 again, simply a matter of putting something on the record, but I appreciate your courtesy, Senator Smith. I would mention one other thing, though. Senator Brasch, thank you for bringing the amendment forward on and recognizing Downs. It is..my daughter, Courtney, has many friends that are affected by many kinds of syndromes that come from chromosomal issues, chromosome kids across the spectrum. But besides recognizing the day, if you remember a day that we had in the budget debate last year where we took money away from the providers and the DD community, the people we're recognizing today, those are the people that were affected by those budget cuts. So when you have feel-good LRs, and I'm not criticizing Senator Brasch in any way, I signed on to it. I think it's a wonderful thing, but when you have feel-good LRs, remember what you're doing... [LB1090A LB1090] PRESIDENT FOLEY: One minute. [LB1090A] SENATOR KRIST: ...with the cash that you took away from this community in DD funding as well as the provider rates. That's also our responsibility. Thank you, Mr. President. [LB1090A] PRESIDENT FOLEY: Thank you, Senator Krist. Is there any further discussion on LB1090A? Seeing none, Senator Smith, you're recognized to close. He waives closing. The question for the body is the advance of LB1090A to E&R Initial. Those in favor vote aye; those opposed vote nay. Have you all voted who care to? Record, please. [LB1090A] CLERK: 36 ayes, 0 nays, Mr. President, on the advancement of LB1090A. [LB1090A] PRESIDENT FOLEY: LB1090A advances. We'll now move to Select File budget bills. Mr. Clerk. [LB1090A] CLERK: LB946, Senator, I have E&R amendments.
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