Floor Debate March 17, 2016
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Transcript Prepared By the Clerk of the Legislature Transcriber's Office Floor Debate March 17, 2016 [LB83 LB465 LB516 LB586 LB673 LB707 LB709 LB717 LB722A LB754 LB754A LB794 LB803 LB817 LB835 LB843 LB867A LB867 LB894 LB900 LB906 LB910 LB934 LB934A LB958 LB959 LB975 LB977 LB1009 LB1033 LB1056 LB1081 LB1082A LB1082 LB1093 LB1098A LB1105A LB1109 LR378CA LR492 LR493 LR494] PRESIDENT FOLEY PRESIDING PRESIDENT FOLEY: GOOD MORNING, LADIES AND GENTLEMEN. WELCOME TO THE GEORGE W. NORRIS LEGISLATIVE CHAMBER FOR THE FORTY-FOURTH DAY OF THE ONE HUNDRED FOURTH LEGISLATURE, SECOND SESSION. OUR CHAPLAIN FOR TODAY IS PASTOR MIKE WING OF THE GRACE COMMUNITY BIBLE CHURCH IN NORTH PLATTE, NEBRASKA, SENATOR GROENE'S DISTRICT. PLEASE RISE. PASTOR WING: (PRAYER OFFERED.) PRESIDENT FOLEY: THANK YOU, PASTOR WING. I CALL TO ORDER THE FORTY- FOURTH DAY OF THE ONE HUNDRED FOURTH 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 TO THE JOURNAL? CLERK: I HAVE NO CORRECTIONS. PRESIDENT FOLEY: THANK YOU, MR. CLERK. ARE THERE ANY MESSAGES, REPORTS OR ANNOUNCEMENTS? CLERK: NEW RESOLUTION, SENATOR BURKE HARR OFFERS LR492, MR. PRESIDENT. THAT WILL BE LAID OVER. ATTORNEY GENERAL OPINION, SENATOR KOLTERMAN, TO BE INSERTED IN THE JOURNAL (RE LB975). THAT'S ALL THAT I HAVE. (LEGISLATIVE JOURNAL PAGES 1019-1037.) [LR492 LB975] 1 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Floor Debate March 17, 2016 PRESIDENT FOLEY: THANK YOU, MR. CLERK. (VISITORS INTRODUCED.) MR. CLERK, WE'LL NOW PROCEED TO THE FIRST ITEM ON THE AGENDA, LEGISLATIVE CONFIRMATION REPORTS. CLERK: MR. PRESIDENT, THE GOVERNMENT COMMITTEE CHAIRED BY SENATOR MURANTE REPORTS ON TWO APPOINTMENTS TO THE STATE EMERGENCY RESPONSE COMMISSION. (LEGISLATIVE JOURNAL PAGE 983.) PRESIDENT FOLEY: SENATOR MURANTE, YOU'RE WELCOME TO OPEN ON THE FIRST OF THE CONFIRMATION REPORTS. SENATOR MURANTE: THANK YOU, MR. PRESIDENT. MEMBERS, GOOD MORNING. I AM HERE TODAY TO INTRODUCE THE CONFIRMATION REPORTS TO THE STATE EMERGENCY RESPONSE COMMISSION. THE STATE EMERGENCY RESPONSE COMMISSION CONSISTS OF 19 MEMBERS FROM STATE AND LOCAL GOVERNMENT, INCLUDING FIRE, LAW, PUBLIC HEALTH, SCHOOLS, INDUSTRY, TRANSPORTATION, AND THE PUBLIC. THE GOVERNMENT, MILITARY AND VETERANS AFFAIRS COMMITTEE HAS UNANIMOUSLY CONFIRMED THE GOVERNOR'S APPOINTMENT OF POLLY JORDENING TO THE STATE EMERGENCY RESPONSE COMMISSION OR SERC. SERC CONSISTS OF 19 MEMBERS, AS I PREVIOUSLY STATED. MS. JORDENING HAS OVER 25 YEARS OF EXPERIENCE IN OCCUPATIONAL SAFETY. HER TENURE IS THE SAFETY FIELD...IN THE SAFETY FIELD HAS RANGED FROM WORK WITH AMMONIA REFRIGERANT SYSTEMS TO EXTENSIVE OSHA REGULATION COMPLIANCE. IN HER CURRENT POSITION, MS. JORDENING IS RESPONSIBLE FOR COORDINATING THE EMERGENCY RESPONSE ACTIVITIES FOR LARGE FACILITIES WITH UP TO 2,500 EMPLOYEES. THE COMMITTEE HAS ALSO UNANIMOUSLY CONFIRMED THE GOVERNOR'S REAPPOINTMENT OF KEITH DEIML. MR. DEIML IS A RETIRED EDUCATOR FROM PAPILLION, NEBRASKA. MR. DEIML HAS EXTENSIVE EXPERIENCE SERVING ON VARIOUS EMERGENCY PLANNING AND RESPONSE COMMISSIONS. MR. DEIML'S PREVIOUS SERVICE HAS INCLUDED TIME AS THE PROGRAM MANAGER FOR EASTERN NEBRASKA'S CERT AS AN INSTRUCTOR FOR THE NATIONAL INCIDENT MANAGEMENT SYSTEM. MR. DEIML HAS SERVED ON THE NEBRASKA STATE EMERGENCY RESPONSE COMMISSION SINCE 2004. ALL OF THE...BOTH OF THE CONFIRMATIONS YOU HAVE HEARD THUS FAR WERE APPROVED UNANIMOUSLY BY THE GOVERNMENT COMMITTEE, AND I WOULD ENCOURAGE YOUR APPROVAL OF THEM TODAY. THANK YOU, MR. PRESIDENT. 2 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Floor Debate March 17, 2016 PRESIDENT FOLEY: THANK YOU, SENATOR MURANTE. DEBATE IS NOW OPEN ON THE CONFIRMATION REPORT. SEEING NO SENATORS WISHING TO SPEAK, SENATOR MURANTE WAIVES CLOSING. THE QUESTION IS THE ADOPTION OF THE CONFIRMATION REPORT OF THE GOVERNMENT, MILITARY AND VETERANS AFFAIRS COMMITTEE. ALL THOSE IN FAVOR VOTE AYE; THOSE OPPOSED VOTE NAY. HAVE YOU ALL VOTED WHO CARE TO? RECORD, PLEASE, MR. CLERK. CLERK: (RECORD VOTE, LEGISLATIVE JOURNAL PAGES 1037-1038.) 27 AYES, 0 NAYS, MR. PRESIDENT, ON ADOPTION OF THE REPORT. PRESIDENT FOLEY: THANK YOU, MR. CLERK. THE CONFIRMATION REPORT IS ADOPTED. I NOW RECOGNIZE SPEAKER HADLEY FOR ANNOUNCEMENT. SPEAKER HADLEY: MR. PRESIDENT, MEMBERS OF THE BODY, I JUST WANT TO TAKE A COUPLE OF MINUTES. I HAVE PUT OUT THE CONSENT AGENDA. I WANT TO TALK FOR A COUPLE MINUTES ABOUT IT. I'M TELLING YOU RIGHT NOW JUST BECAUSE A BILL COMES OUT 8-0 FROM A COMMITTEE DOES NOT MAKE IT CONSENT. JUST BECAUSE A BILL DOESN'T HAVE ANYBODY TESTIFY AGAINST IT DOESN'T MAKE IT CONSENT. I WAS VERY CLEAR, BILL IS NONCONTROVERSIAL. TWO, TOPIC THE BILL OPENS UP IS NONCONTROVERSIAL. THREE, THE BILL DOES NOT ADD A LOT OF CHANGES. WE HAD ONE BILL THAT WAS 157 PAGES THAT WANTED TO BE ON CONSENT. BILL DOES NOT HAVE A GENERAL FUND IMPACT AND BILL HAS BEEN REPORTED TO GENERAL FILE. NOW, I WAS TRYING TO FIGURE OUT--I THINK I HAD TOTAL THIS TIME AND THE LAST TIMES 130 BILLS. AND EVERYBODY COMES UP AND SAYS, OH, IT GOT OUT OF COMMITTEE WITH NO DISSENTING VOTES, SO OBVIOUSLY IT IS CONSENT. FOLKS, WE CAN GO BACK AND HAVE ANOTHER CONSENT. IF YOU WANT TO SPEND THE REST OF THIS SESSION DEALING WITH CONSENT BILLS, WE CAN. WE COULD DO THAT. BUT I THINK WE GOT SOME PRETTY IMPORTANT THINGS THAT WE NEED TO DO HERE. SO NEXT YEAR, THINK ABOUT THAT. THE SPEAKER DOESN'T MAKE A DECISION BECAUSE THEY LIKE THE BILL, DON'T LIKE THE BILL; WHETHER...FIRST OF ALL, IF IT'S ON CONSENT, MY FIRST THOUGHT IS IT MUST NOT BE VERY IMPORTANT BECAUSE YOU DIDN'T PRIORITIZE IT. THE COMMITTEE DIDN'T PRIORITIZE IT. THE SPEAKER DIDN'T PRIORITIZE IT. SO ALL I'M SAYING IS NEXT YEAR YOU BETTER THINK ABOUT HOW YOU WANT TO HANDLE CONSENT. AND IF YOU WANT TO DO THAT, IF YOU WANT THE SPEAKER TO HAVE THE ABILITY TO DECIDE WHAT IS PASSED FOR 150 BILLS ON THIS FLOOR, GO RIGHT AHEAD--CONTINUE DOING THIS BECAUSE IT'S GONE UP EXPONENTIALLY: 20, 40, 130, 140. I KNOW YOU GET A LOT OF PRESSURE FROM PEOPLE BACK HERE. I'M GOING TO SAY THE SAME THING SOME OTHER PEOPLE HAVE SAID. THEY GET PAID TO GET THEIR BILLS 3 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Floor Debate March 17, 2016 THROUGH. THEY DON'T EVALUATE THEM ON THIS. THEIR EVALUATION IS GETTING THE BILL HEARD ON THE FLOOR AND GETTING THE BILL PASSED. THE SECOND THING--AND I'M NOT TRYING TO PREACH--BUT YOU WATCH TOMORROW. EVERY BILL WILL SLIDE RIGHT THROUGH BECAUSE YOU'RE GOING TO HAVE TO LOOK AT WHAT, 60, 70 BILLS AND MAKE A DECISION WHETHER THAT'S A BILL THIS LEGISLATURE SHOULD BE PASSING INTO STATUTE? THAT'S A LOT. SO DO YOU ERR BY NOT HEARING A BILL THIS YEAR AND COMING UP NEXT YEAR WHERE IT CAN HAVE MORE FULL AND FAIR DEBATE? OR DO YOU SPEND 15 MINUTES WITH AN OPEN FOR 5 MINUTES, 1 QUESTION AND YOU VOTE? AND I'M GOING TO BE HONEST AND SAY I WAS JUST LIKE YOU. I DIDN'T HAVE THE TIME TO LOOK THROUGH 20 BILLS, 40 BILLS A FEW YEARS AGO. SO IF YOU WANT TO COME UP AND TELL ME WHY YOUR BILL SHOULD HAVE BEEN ON, I WILL GIVE YOU THE REASON, GIVEN THESE THREE ITEMS THAT I TALKED ABOUT. THANK YOU, MR. PRESIDENT. PRESIDENT FOLEY: THANK YOU, MR. SPEAKER. CONTINUING NOW WITH CONFIRMATION REPORTS. MR. CLERK. CLERK: MR. PRESIDENT, GOVERNMENT COMMITTEE REPORTS ON THE APPOINTMENT OF BRIAN TESSMAN TO THE STATE PERSONNEL BOARD. (LEGISLATIVE JOURNAL PAGE 983.) PRESIDENT FOLEY: SENATOR MURANTE, AS CHAIR OF THE COMMITTEE, YOU'RE WELCOME TO OPEN ON THE CONFIRMATION REPORT. SENATOR MURANTE: THANK YOU, MR. PRESIDENT. MEMBERS, GOOD MORNING. THE COMMITTEE HAS UNANIMOUSLY CONFIRMED THE GOVERNOR'S REAPPOINTMENT OF BRIAN TESSMAN TO THE STATE PERSONNEL BOARD. BRIAN TESSMAN HAS SERVED ON THE STATE PERSONNEL BOARD FOR 15 YEARS. HE'S A GRADUATE OF HASTINGS COLLEGE WHERE HE RECEIVED HIS BACHELOR OF ARTS IN HUMAN RESOURCE MANAGEMENT. HE IS CURRENTLY A SALES SUPERVISION ANALYST AT SECURITIES AMERICA IN LA VISTA. MR. TESSMAN HAS ALSO SERVED ON THE JUDICIAL NOMINATING COMMISSION AND WAS A MEMBER OF THE HASTINGS CITY COUNCIL FROM 1996 TO 2000. I ENCOURAGE YOUR APPROVAL OF BRIAN TESSMAN TO THE STATE PERSONNEL BOARD. THANK YOU, MR. PRESIDENT. PRESIDENT FOLEY: THANK YOU, SENATOR MURANTE. DEBATE IS NOW OPEN ON THE SECOND CONFIRMATION REPORT. SEEING NO MEMBERS WISHING TO SPEAK, 4 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Floor Debate March 17, 2016 SENATOR MURANTE WAIVES CLOSE. THE QUESTION IS THE ADOPTION OF THE SECOND CONFIRMATION REPORT OF THE GOVERNMENT COMMITTEE. ALL THOSE IN FAVOR VOTE AYE; THOSE OPPOSED VOTE NAY. HAVE YOU ALL VOTED WHO CARE TO? RECORD, MR. CLERK. CLERK: (RECORD VOTE, LEGISLATIVE JOURNAL PAGES 1038-1039.) 29 AYES, 0 NAYS, MR. PRESIDENT, ON THE ADOPTION OF THE CONFIRMATION REPORT. PRESIDENT FOLEY: THE CONFIRMATION REPORT IS ADOPTED. MR. CLERK. CLERK: MR. PRESIDENT, THE GOVERNMENT COMMITTEE REPORTS ON THE APPOINTMENT OF EDWARD TONER AS CHIEF INFORMATION OFFICER. (LEGISLATIVE JOURNAL PAGE 983.) PRESIDENT FOLEY: SENATOR MURANTE, YOU'RE WELCOME TO OPEN ON THE CONFIRMATION REPORT. SENATOR MURANTE: THANK YOU, MR. PRESIDENT; AND MEMBERS, GOOD MORNING. THE GOVERNMENT, MILITARY AND VETERANS AFFAIRS COMMITTEE HAS AGAIN UNANIMOUSLY CONFIRMED THE GOVERNOR'S APPOINTMENT OF EDWARD TONER TO BE THE CHIEF INFORMATION OFFICER FOR THE STATE OF NEBRASKA. MR. TONER IS A GRADUATE OF TEXAS A&M UNIVERSITY WHERE HE RECEIVED HIS BACHELOR'S OF SCIENCE IN INDUSTRIAL DISTRIBUTION. HE HAS EXTENSIVE EXPERIENCE IN THE I.T.