Floor Debate May 22, 2007
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Transcript Prepared By the Clerk of the Legislature Transcriber's Office Floor Debate May 22, 2007 [LB57 LB82 LB142 LB177 LB221 LB247 LB247A LB265 LB299 LB321 LB334 LB351A LB351 LB475 LB482 LB482A LB504 LB516 LB516A LB528 LB530 LB542 LB551 LB570 LB573 LB641 LB641A LB646 LB653 LB653A LR154 LR214 LR215] PRESIDENT SHEEHY PRESIDING PRESIDENT SHEEHY: Good morning, Senators. Due to some technical difficulties with the machines this morning, we will have a delayed start at this time until 9:15 a.m. SPEAKER FLOOD PRESIDING SPEAKER FLOOD: Members, please report to the Chamber as we intend to start momentarily. Although the technical difficulties shall persist, we will proceed regardless. Members, please proceed to the Chamber immediately. Take your seats. Members, please take your seats. Members, please find your seats. Good morning, ladies and gentlemen. Welcome to the George W. Norris Legislative Chamber for the eighty-fifth day of the One Hundredth Legislature, First Session. Our chaplain for today is Senator Dierks. Please rise. SENATOR DIERKS: (Prayer offered.) SPEAKER FLOOD: Thank you, Senator Dierks. I call to order the eighty-fifth day of the One Hundredth Legislature, First Session. Senators, due to a computer malfunction we will be unable to record your presence electronically. For that reason I would ask each senator and member to sit in your chair, quietly (laughter), and we will count those that are present before we ask the Clerk to determine if there is a quorum. Senators, please be seated at this time. Mr. Clerk, when the senators arrive in the Chamber, please secure the same. Mr. Clerk, is a quorum present? CLERK: Mr. President, I do have a quorum present. SPEAKER FLOOD: Senators, as we proceed...we will proceed on our agenda. All votes will be taken by roll call due to the computer malfunction, although it is General File. It is the ruling of the Chair that we shall have every member remain in their seats until the computer malfunction has been remedied. Senator Avery, please return to your seat. Mr. Clerk, for this reason I would ask you to have the Sergeant at Arms secure the Chamber. PRESIDENT SHEEHY PRESIDING PRESIDENT SHEEHY: The first item under file, Mr. Clerk. CLERK: Mr. President, the first bill this morning, LB247A, by Senator Johnson. (Read 1 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Floor Debate May 22, 2007 title.) [LB247A] PRESIDENT SHEEHY: Senator Johnson, you're recognized to open on LB247. [LB247A] SENATOR JOHNSON: Thank you, Mr. President. Members of the body, you might recall that LB247 was a group of bills that were clustered. Now, with that having been the case, the good news this morning is that the grand sum total fiscal note is $6,000 for LB247. And this all is because of one bill that was included, and that was Senator Nantkes' bill to require children enrolled in day cares to be vaccinated with for pneumococcal disease. This is the Medicaid matching funds to anticipate the cost for these vaccinations. So that's the sum total of the fiscal note for LB247A. With that I would ask that it be advanced. Thank you. [LB247A LB247] PRESIDENT SHEEHY: Thank you, Senator Johnson. You have heard the opening to LB247A. The floor is now open for discussion. I would ask if you have a wish to speak that you would raise your hand. Seeing no hands, Senator Johnson, you're recognized to close. Senator Johnson waives closing. We will be doing a roll call vote. The question before the body is, shall LB247A advance? Mr. Clerk. [LB247A] CLERK: (Roll call vote taken, Legislative Journal page 1725.) 43 ayes, 0 nays, Mr. President, on the advancement of LB247A. [LB247A] PRESIDENT SHEEHY: LB247A does advance. Next item, Mr. Clerk. [LB247A] CLERK: Mr. President, LB653A, the next bill, Senator Raikes. (Read title.) [LB653A] PRESIDENT SHEEHY: Senator Raikes, you are recognized to open on LB653A. [LB653A] SENATOR RAIKES: Thank you, Mr. President and members of the Legislature. LB653 is the work we did or the bill that deals with testing the STAR system and modifications to that. The fiscal note, or the A bill that goes with that, calls for an expenditure of $70,000 in the first year of the upcoming biennium, and $170,000 in the second year. These amounts reflect the cost of obtaining individualized student test results from the norm-referenced national test that would be then put into the student information database. So that's what the A bill calls for. I urge your support. Thank you. [LB653A LB653] PRESIDENT SHEEHY: Thank you, Senator Raikes. You've heard the opening to LB653A. The floor is now open for discussion. Anyone wishing to speak on this item, raise your hand. Seeing none, Senator Raikes, you're recognized to close on LB653A. Senator Raikes waives closing. The question before the body is, shall LB653A 2 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Floor Debate May 22, 2007 advance? Mr. Clerk, please read the roll. [LB653A] CLERK: (Roll call vote taken, Legislative Journal page 1726.) 35 ayes, 3 nays, Mr. President, on the advancement of LB653A. [LB653A] PRESIDENT SHEEHY: LB653A does advance. Mr. Clerk, do you have announcements on your desk? [LB653A] CLERK: I do, Mr. President. Enrollment and Review reports LB641A to Select File and LB265 to Select File, and that's all that I have at this time, Mr. President. (Legislative Journal pages 1725-1726.) [LB641A LB265] PRESIDENT SHEEHY: Thank you, Mr. Clerk. We'll move to the first item, LB641A under Select File. [LB641A] CLERK: Senator McGill, I have no amendments pending to LB641A. [LB641A] PRESIDENT SHEEHY: Senator McGill. [LB641A] SENATOR McGILL: Mr. President, I move LB614A (sic--LB641A) to E&R for engrossing. [LB641A] PRESIDENT SHEEHY: You have all heard the motion. All those in favor say aye. Opposed nay. Yes, Mr. Speaker. [LB641A] SPEAKER FLOOD: I believe that Senator McGill's motion was LB614A. I think the appropriate motion is...LB614A is what she said; it's LB641A. [LB641A] PRESIDENT SHEEHY: LB641A. [LB641A] SPEAKER FLOOD: Yes. [LB641A] PRESIDENT SHEEHY: Correct. Senator McGill. [LB641A] SENATOR McGILL: Mr. President, I move LB641A to E&R for engrossing. [LB641A] PRESIDENT SHEEHY: Thank you, Senator McGill. You have all heard the motion. All those in favor say aye. Opposed nay. LB641A is advanced. Mr. Clerk, we will move to Final Reading. Mr. Clerk, the first bill is LB221. [LB641A LB221] CLERK: (Read LB221 on Final Reading.) [LB221] PRESIDENT SHEEHY: Thank you, Mr. Clerk. All provisions of the law relative to 3 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Floor Debate May 22, 2007 procedure having been complied with, the question is, shall LB221 pass? Mr. Clerk, would you please call the roll? [LB221] CLERK: (Roll call vote read, Legislative Journal pages 1726-1727.) 45 ayes, 4 excused and not voting, on the passage of LB221, Mr. President. [LB221] PRESIDENT SHEEHY: LB221 does pass. We are going to skip over LB299 at this time because of an amendment which has been filed, and in consultation with the Speaker we will move that below LB542E as far as the agenda goes. So at this time we will be moving to LB334E. Mr. Clerk, the first vote is to dispense with the at-large reading. [LB221 LB334] CLERK: (Roll call vote taken, Legislative Journal page 1727.) 41 ayes, 3 nays, Mr. President, to dispense with the at-large reading. [LB334] PRESIDENT SHEEHY: Thank you, Mr. Clerk. The at-large reading is dispensed with. Mr. Clerk, please read the title. [LB334] CLERK: (Read title of LB334.) [LB334] PRESIDENT SHEEHY: All provisions of law relative to procedure having been complied with, the question is, shall LB334E pass with the emergency clause attached? All those in favor will vote aye; all those opposed, nay. Please call the roll, Mr. Clerk. [LB334] CLERK: (Roll call vote taken, Legislative Journal pages 1727-1728.) 38 ayes, 4 nays, 3 present and not voting, 4 excused and not voting, on the final passage of LB334, Mr. President. [LB334] PRESIDENT SHEEHY: Please record, Mr. Clerk. [LB334] CLERK: 34 ayes...excuse me, Mr. President. 38 ayes, 4 nays, on the final passage of LB334. [LB334] PRESIDENT SHEEHY: LB334E passes with the emergency clause attached. We will now proceed to LB482, Mr. Clerk. [LB334 LB482] CLERK: (Read LB482 on Final Reading.) [LB482] PRESIDENT SHEEHY: All provisions of law relative to procedure having been complied with, the question is, shall LB482E pass with the emergency clause attached? All those in favor will vote aye; all those opposed will vote nay. Please call the roll, Mr. Clerk. [LB482] 4 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Floor Debate May 22, 2007 CLERK: (Roll call vote taken, Legislative Journal pages 1728-1729.) 44 ayes, 1 nay, 4 excused and not voting, on the final passage with the emergency clause attached. [LB482] PRESIDENT SHEEHY: LB482E passes with the emergency clause attached. We will now move to LB482AE. [LB482 LB482A] CLERK: (Read LB482A on Final Reading.) [LB482A] PRESIDENT SHEEHY: All provisions of law relative to procedure having been complied with, the question is, shall LB482AE pass with the emergency clause attached? All those in favor will vote aye; opposed, nay. Please call the roll, Mr. Clerk. [LB482A] CLERK: (Roll call vote taken, Legislative Journal pages 1729-1730.) 44 ayes, 1 nay, 4 excused and not voting, Mr. President, on the final passage of LB482A with the emergency clause attached. [LB482A] PRESIDENT SHEEHY: Thank you, Mr. Clerk. LB482AE passes with the emergency clause attached. I do have one announcement.