Floor Debate April 30, 2015
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Transcript Prepared By the Clerk of the Legislature Transcriber's Office Floor Debate April 30, 2015 [LB82 LB89 LB104 LB123 LB175 LB195 LB206 LB216 LB217 LB218 LB232 LB246 LB259 LB277 LB283 LB287 LB291 LB296 LB297 LB310 LB360A LB360 LB365 LB375 LB408 LB412 LB422 LB424 LB455 LB477 LB479 LB511 LB513 LB515 LB519 LB525 LB533 LB541 LB570 LB584 LB599 LB619 LB622 LB640 LB656 LB657 LB658 LB659 LB660 LB661 LB662 LB663 LB663A LR201 LR219 LR220 LR221 LR222 LR223 LR224 LR225] SENATOR COASH PRESIDING SENATOR COASH: GOOD MORNING, LADIES AND GENTLEMEN. WELCOME TO THE GEORGE W. NORRIS LEGISLATIVE CHAMBER FOR THE SEVENTY-SECOND DAY OF THE ONE HUNDRED FOURTH LEGISLATURE, FIRST SESSION. OUR CHAPLAIN FOR TODAY IS FATHER RYAN LEWIS OF ST. THOMAS MORE CHURCH IN OMAHA, SENATOR MELLO'S DISTRICT. PLEASE RISE. FATHER LEWIS: (PRAYER OFFERED.) SENATOR COASH: THANK YOU. I CALL TO ORDER THE SEVENTY-SECOND DAY OF THE ONE HUNDRED FOURTH LEGISLATURE, FIRST SESSION. SENATORS, PLEASE RECORD YOUR PRESENCE. ROLL CALL. SENATORS, PLEASE CHECK IN. MR. CLERK, PLEASE RECORD. CLERK: I HAVE A QUORUM PRESENT, MR. PRESIDENT. SENATOR COASH: ANY CORRECTIONS FOR THE JOURNAL? CLERK: I HAVE NO CORRECTIONS. SENATOR COASH: ANY MESSAGES, REPORTS, OR ANNOUNCEMENTS? CLERK: ONE ITEM, MR. PRESIDENT. AN AMENDMENT TO BE PRINTED TO LB599 BY SENATOR RIEPE. THAT'S ALL THAT I HAVE. (LEGISLATIVE JOURNAL PAGE 1337.) [LB599] SENATOR COASH: THANK YOU, MR. CLERK. WE WILL NOW PROCEED TO THE FIRST ITEM ON THE AGENDA. CLERK: LB360A IS AN A BILL INTRODUCED BY SENATOR JOHNSON. [LB360A] 1 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Floor Debate April 30, 2015 SENATOR COASH: SENATOR JOHNSON, YOU'RE RECOGNIZED TO OPEN ON LB360A. [LB360A] SENATOR JOHNSON: THANK YOU, MR. PRESIDENT, COLLEAGUES. AND GOOD MORNING, NEBRASKA. LB360 WITH ITS AMENDMENTS, ESPECIALLY AM1193 WHICH WAS APPROVED, PASSED TOGETHER WITH LB360 PROVIDED THE FUNDING TO BE USED IN THE ENHANCEMENT OF THE COMMERCIAL CAT AND DOG ACT. THE FUNDS ARE SET UP THROUGH ADDITIONAL FEES TO THE BREEDERS AND TO LICENSED DOG OWNERS SO IT CREATES A REVENUE STREAM. THE APPROPRIATION IS A CASH FUND. IT'S USED TO TRAIN THE INVESTIGATIVE OFFICER AND ALSO POSSIBLY PROVIDE FOR A PART-TIME PERSON THROUGH THEIR AGENCY TO BE PART OF THE COMMERCIAL CAT AND DOG ENFORCEMENT PROGRAM. SO IT IS A CASH FUND APPROPRIATION, THERE'S NO GENERAL FUNDS USED IN LB360. I WOULD ASK FOR YOUR GREEN VOTE ON LB360A. THANK YOU, MR. PRESIDENT. [LB360A LB360] SENATOR COASH: THANK YOU, SENATOR JOHNSON. THE FLOOR IS NOW OPEN FOR DISCUSSION ON LB360A. SEEING NO MEMBERS WISHING TO SPEAK, SENATOR JOHNSON IS RECOGNIZED TO CLOSE. HE WAIVES CLOSING. THE QUESTION BEFORE THE BODY IS, SHALL LB360A ADVANCE? ALL THOSE... SENATOR NORDQUIST. ALL THOSE IN FAVOR VOTE AYE; ALL THOSE OPPOSED VOTE NAY. HAVE ALL VOTED WHO WISH? RECORD, MR. CLERK. [LB360A] CLERK: 28 AYES, 0 NAYS, MR. PRESIDENT, ON THE ADVANCEMENT OF LB360A. [LB360A] SENATOR COASH: LB360A DOES ADVANCE. NEXT ITEM, MR. CLERK. [LB360A] CLERK: MR. PRESIDENT, LB658 WAS A BILL ORIGINALLY INTRODUCED BY THE SPEAKER AT THE REQUEST OF THE GOVERNOR. (READ TITLE.) INTRODUCED ON JANUARY 22, REFERRED TO THE APPROPRIATIONS COMMITTEE, ADVANCED TO GENERAL FILE. AT THIS TIME I HAVE NO AMENDMENTS, MR. PRESIDENT. [LB658] SENATOR COASH: THANK YOU, MR. CLERK. SENATOR MELLO, AS CHAIR OF THE APPROPRIATIONS COMMITTEE, YOU ARE RECOGNIZED TO OPEN ON LB658. [LB658] 2 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Floor Debate April 30, 2015 SENATOR MELLO: THANK YOU, MR. PRESIDENT AND MEMBERS OF THE LEGISLATURE. LB658 IS THE FIRST OF SEVEN LEGISLATIVE BILLS THAT COLLECTIVELY REPRESENT THE APPROPRIATIONS COMMITTEE'S BUDGET RECOMMENDATIONS FOR THE NEXT BIENNIUM, FISCAL YEARS 2015-16 AND 2016-17. WITH THE EXCEPTION OF LB658 AND LB662, EACH OF THE BUDGET BILLS WILL HAVE A WHITE COPY COMMITTEE AMENDMENT WHICH WILL BECOME THE NEW BILL. AS WE BEGIN DEBATE TODAY ON THE BUDGET, I WILL REFER YOU TO THE COPY OF YOUR BUDGET BOOKS WHICH WERE DISTRIBUTED EARLIER THIS WEEK, AS WELL AS THE GENERAL FUND FINANCIAL STATUS THAT IS ATTACHED TO TODAY'S AGENDA. THE GREEN SHEET ON TODAY'S AGENDA CONTAINS THE MOST UP-TO-DATE BUDGET INFORMATION. AND FROM NOW TILL THE END OF SESSION THIS GREEN SHEET WILL BE UPDATED DAILY AND ATTACHED TO THE AGENDA. BEFORE DISCUSSING LB658, I WANT TO GIVE THE BODY A SUMMARY OF THE OVERALL BUDGET PICTURE. THE APPROPRIATIONS COMMITTEE BUDGET RECOMMENDATIONS PROVIDE FOR AN ANNUAL AVERAGE SPENDING GROWTH OF 3.1 PERCENT FOR THE BIENNIUM, WHICH IS THE LOWEST AVERAGE GROWTH IN THE LAST 15 BIENNIUMS OR 30 YEARS, OUTSIDE OF THE 2003 AND 2009 BIENNIUMS WHEN THE STATE WAS BATTLING SIGNIFICANT RECESSIONS. UPON THE PASSAGE OF THIS BUDGET, THE STATE OF NEBRASKA WILL MAINTAIN A STRONG CASH RESERVE, SEE INVESTMENTS FOR CONTINUED GROWTH, AND WILL HAVE A BALANCED BUDGET IN ACCORDANCE WITH THE STATE'S CONSTITUTION. THE DECISIONS IN THIS BUDGET PACKAGE RECOGNIZE THE PRIORITIES OF THIS LEGISLATURE, REFLECT THE VALUES OF NEBRASKANS, AND RESPONDS TO THE NEEDS OF OUR COMMUNITIES ACROSS THE STATE. THE APPROPRIATIONS COMMITTEE PARTICULARLY FOCUSED ON PROPERTY TAX RELIEF, K-12 EDUCATION AND HIGHER EDUCATION, ECONOMIC DEVELOPMENT, AND INVESTING IN UNIQUE PRIVATE-PUBLIC PARTNERSHIPS, AND ADDRESSING ISSUES SURROUNDING OUR DEPARTMENT OF CORRECTIONS. THERE'S A STRONG DESIRE OF THIS LEGISLATURE AND A MAJORITY OF OUR CONSTITUENTS FOR ACTION TO BE TAKEN TO REDUCE PROPERTY TAX BURDENS. THE BUDGET RECOMMENDATIONS BEFORE YOU INCLUDE THE TWO-YEAR BUDGETARY MEASURES AVAILABLE TO DO JUST THAT. WE HAVE INCREASED STATE AID TO EDUCATION THROUGH TEEOSA AND BOLSTERED THE PROPERTY TAX CREDIT PROGRAM WITH AN INFUSION OF $120 MILLION OVER THE BIENNIUM, INCREASING THE APPROPRIATIONS COMMITTEE PRELIMINARY RECOMMENDATION AND MATCHING THE RECOMMENDATION IN GOVERNOR RICKETTS' BUDGET PROPOSAL. COLLEAGUES, THIS WOULD BE THE LARGEST INCREASE TO THE PROGRAM SINCE IT WAS CREATED IN 2007. IN ADDITION TO DIRECT PROPERTY TAX RELIEF THE COMMITTEE'S BUDGET RECOMMENDATIONS INCLUDE FUNDING INITIATIVES IN BOTH K-12 AND HIGHER EDUCATION. EVERY 3 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Floor Debate April 30, 2015 SCHOOL DISTRICT IN NEBRASKA WILL SEE AN INCREASE IN SPECIAL EDUCATION FUNDING. APPROPRIATIONS FOR THE UNIVERSITY OF NEBRASKA, STATE COLLEGES, AND COMMUNITY COLLEGES HAVE ALL SEEN A MODERATE INCREASE OF 3 PERCENT, THE SAME LEVEL INCLUDED IN THE GOVERNOR'S BUDGET RECOMMENDATION. THE COMMITTEE'S RECOMMENDATION INCLUDES SEVERAL OF THE UNIVERSITY OF NEBRASKA'S ECONOMIC COMPETITIVENESS INITIATIVES AND COMMUNITIES ACROSS THE STATE WILL SEE A BOOST IN SUPPORT FOR THEIR REGIONAL ECONOMIC DEVELOPMENT AUTHORITY. THIS BUDGET INVESTS IN VISIONARY PUBLIC-PRIVATE PARTNERSHIPS THAT BRING IN FUNDING FROM NEBRASKA'S PRIVATE SECTOR TO GROW NEBRASKA, SHARING RESPONSIBILITY, AND FOSTERING THE POTENTIAL TO BRING IN HIGH RETURNS FOR OUR STATE, INITIATIVES SUCH AS: THE GLOBAL CENTER FOR ADVANCED INTERPROFESSIONAL LEARNING WHERE OVER 75 PERCENT OF THE FUNDS WILL COME FROM THE PRIVATE SECTOR, THE YEUTTER INSTITUTE FOR INTERNATIONAL TRADE AND FINANCE, AND THE OUTDOOR VENTURES PARK PROJECT OF THE GAME AND PARKS COMMISSION. WHILE THESE ECONOMIC DEVELOPMENT INITIATIVES LOOK TO THE FUTURE, THIS BUDGET ALSO INCLUDES MEASURES TO ADDRESS PROBLEMS THE STATE IS FACING FROM POLICY DECISIONS MADE BY THE PREVIOUS ADMINISTRATION. WHILE WE LOOK FORWARD TO A FULL TRANSITION OF LEADERSHIP IN THE DEPARTMENT OF CORRECTIONAL SERVICES AND THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, THE APPROPRIATIONS COMMITTEE CHOSE TO INCLUDE SPECIFIC APPROPRIATIONS TO ADDRESS CHALLENGES IN BOTH OF THOSE AGENCIES. OUR RECOMMENDATION INCREASED SECURITY STAFFING, FUNDING FOR CRITICAL VIOLENCE REDUCTION PROGRAMS, AND BEHAVIORAL HEALTH SERVICES IN THE DEPARTMENT OF CORRECTIONAL SERVICES, AND A ONE-TIME INFLUX APPROPRIATION FOR THE DIVISION OF CHILD AND FAMILY SERVICES IN AN ATTEMPT TO END THE PRACTICE OF PAYING THIS YEAR'S CHILD WELFARE BILLS WITH NEXT YEAR'S APPROPRIATION. THE COMMITTEE HAS MADE RECOMMENDATIONS THAT ALSO INCLUDE A NEEDS ASSESSMENT THAT'S REQUIRED FOR BOTH THE PLAGUED ACCESSNEBRASKA SYSTEM IN HHS AND BEHAVIORAL HEALTH STUDY AVAILABILITY IN THE DEPARTMENT OF CORRECTIONAL SERVICES. THE DECISIONS WITHIN THESE BUDGET RECOMMENDATIONS PROPOSED TO THE FULL LEGISLATURE TODAY ARE A RESPONSIBLE BALANCE OF STRATEGIC INVESTMENTS, FULFILLING THE STATE'S OBLIGATIONS, AND HOLDING THE LINE AT ONE OF THE LOWEST SPENDING PERCENTAGE GROWTHS IN THE LAST 30 YEARS. THE CASH RESERVE FUND REMAINS STRONG AT A LEVEL NEAR 16 PERCENT OF ANNUAL NET RECEIPTS. THE APPROPRIATIONS COMMITTEE IS HELD TO THE PRACTICE OF UTILIZING THE CASH RESERVE FUND FOR ONLY ONE-TIME PROJECT ITEMS AND NOT FOR 4 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Floor Debate April 30, 2015 ONGOING SPENDING OR ONGOING TAX RELIEF MEASURES. ADDITIONAL INFORMATION REGARDING THE CASH RESERVE FUND AND THE APPROPRIATIONS COMMITTEE APPROACH TO ITS USE CAN BE FOUND ON PAGE 13 OF YOUR BUDGET BOOK. THE NEBRASKA ECONOMIC FORECASTING BOARD WILL MEET LATER TODAY AT 1:00 P.M. ANY CHANGES IN THE REVENUE FORECAST WILL BE ADDRESSED WHEN THE BOARD MAKES THOSE NUMBERS OFFICIAL. UNTIL SPECIFIC NUMBERS ARE AVAILABLE, I WILL ADDRESS THE BUDGET WITH THE OFFICIAL NUMBERS AVAILABLE FROM THE FORECASTING BOARD'S MEETING IN FEBRUARY AND THE NUMBERS USED BY THE APPROPRIATIONS COMMITTEE IN CRAFTING THESE BUDGET RECOMMENDATIONS. AT THIS MOMENT I'D LIKE TO PERSONALLY THANK THE MEMBERS OF THE APPROPRIATIONS COMMITTEE FOR THEIR WORK, FOR THEIR TRUST IN THE PROCESS, AND FOR OUR COLLEAGUES IN THE LEGISLATIVE FISCAL OFFICE FOR THEIR DUE DILIGENCE AND DEDICATION TO ASSIST THE LEGISLATURE THROUGH THIS ARDUOUS PROCESS. THIS HAS ARGUABLY, COLLEAGUES, BEEN MY NOW MY FOURTH BUDGET AS A MEMBER OF THE APPROPRIATIONS COMMITTEE. AND WHILE IT HAS BEEN A UNIQUE PROCESS WITH FIVE NEW MEMBERS, I WOULD ARGUE IT'S BEEN, ARGUABLY, THE BEST BUDGET WE'VE PUT TOGETHER IN MY TIME IN THE LEGISLATURE.