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Transcript Prepared By the Clerk of the Legislature Transcriber's Office Floor Debate April 03, 2012 [LB22 LB209A LB209 LB357 LB599A LB599 LB720 LB727 LB745 LB793 LB793A LB804 LB806A LB806 LB817 LB817A LB825 LB825A LB872 LB930 LB949 LB949A LB950A LB950 LB961 LB968 LB979 LB993A LB996 LB998A LB1020A LB1020 LB1041 LB1053A LB1063 LB1063A LB1072 LB1082 LB1091A LB1091 LB1104 LB1113 LB1155 LB1158 LR37 LR621 LR622 LR623 LR624] SENATOR GLOOR PRESIDING SENATOR GLOOR: Good morning, ladies and gentlemen. Welcome to the George W. Norris Legislative Chamber for the fifty-fifth day of the One Hundred Second Legislature, Second Session. Our chaplain for today is Reverend Kevin Burkhardt of the Osmond and Pierce United Methodist Churches in Osmond, Nebraska, Senator Sullivan's district. Please rise. REVEREND BURKHARDT: (Prayer offered.) SENATOR GLOOR: Thank you, Reverend Burkhardt. I call to order the fifty-fifth day of the One Hundred Second Legislature, Second Session. Senators, please record your presence. Roll call. Mr. Clerk, please record. CLERK: I have a quorum present, Mr. President. SENATOR GLOOR: Thank you, Mr. Clerk. Are there any corrections for the Journal? CLERK: I have no corrections, Mr. President. SENATOR GLOOR: Thank you. Are there any messages, reports, or announcements? CLERK: Your Committee on Enrollment and Review reports... SENATOR GLOOR: (Gavel) CLERK: ...LB817, LB817A, LB793, LB793A, and LB979, all to Select File, some having Enrollment and Review amendments. And that's all that I have at this time, Mr. President. (Legislative Journal page 1335.) [LB817 LB817A LB793 LB793A LB979] SENATOR GLOOR: Thank you, Mr. Clerk. We will now proceed to the first item on the agenda, Mr. Clerk. CLERK: Mr. President, LB1053A. No E&R amendments. Senator Louden would move to amend with AM2621. (Legislative Journal page 1310.) [LB1053A] SENATOR GLOOR: Senator Louden, you are recognized to open on your amendment. 1 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Floor Debate April 03, 2012 [LB1053A] SENATOR LOUDEN: Thank you, Mr. President and members of the Unicameral. AM2621... [LB1053A] SENATOR GLOOR: (Gavel) [LB1053A] SENATOR LOUDEN: ...is technical in nature and is necessary to bring LB1053A into conformance with LB968, the 2012 budget bill. It would strike some of the existing sections and become the bill. Section 1 would amend the section of LB968 that dealt with the tourism division of DED and it would eliminate the 2012-13 appropriations and reappropriate the 2011 and '12 year ending balances to the Nebraska Tourism Commission. Section 2 would amend a section of LB968 that dealt with agency cash funds and remove the State Visitors Promotion Cash Fund from DED and place it under the Nebraska Tourism Commission. And Section 3 would appropriate funds to the Nebraska Tourism Commission in fiscal year 2012-13. And there is no net fiscal impact to the state as a result of this appropriation because the funds were removed from DED in Section 1. The A bill has a July 1, 2012, effective date and carries an emergency clause. Again, the bill has no fiscal impact to the state. It is simply moving money out of DED and placing it in the tourism commission. With that, I would ask for a positive vote on this. Thank you, Mr. President. [LB1053A LB968] SENATOR GLOOR: Thank you, Senator Louden. Members, you've heard the opening on AM2621 to LB1053A. We now move to floor debate. Senator Pahls, you are recognized. [LB1053A] SENATOR PAHLS: Good morning, Mr. President and members of the body. I want to thank Senator Louden for this bill dealing with tourism because right now I am a tourist travelling the state of Nebraska. I happen to stop at a bakery and I order a cinnamon roll. And if you look on your desk, you can see a cinnamon roll. I pay sales taxes. I drive a little further and I'm hungry again. I stop at a grocery store. I said, I still think I need a cinnamon roll. So what do I do? I walk in and this cinnamon roll has not been prepared in that grocery store. I said, well I'd like to have that cinnamon roll but I want some frosting on it. Now if I buy that cinnamon roll without frosting on it, I don't pay sales taxes. But if I request that grocery store to put that frosting on that cinnamon roll, I pay taxes because I...they had to do some work to prepare that food. So some of you in this room have cinnamon rolls that have been already frosted and some of you, if you take a look at the cinnamon rolls, you have the frosting on top and you have a knife. That means no sales tax on that one because they didn't have to put the frosting on. See how you're saving me money. You have to be smart when you're going to spend your money on sales tax, and that's why I have this particular love for sales tax exemption. Now I'm that tourist leaving the state of Nebraska because I'm happy because I did get one cinnamon roll with taxes and one without taxes. Thank you. [LB1053A] 2 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Floor Debate April 03, 2012 SENATOR GLOOR: Thank you, Senator Pahls. Are there other senators wishing to be recognized? Seeing none, Senator Louden, you're recognized to close on your amendment to LB1053A. Senator Louden waives. Members, the question is, shall the amendment to LB1053A be adopted? All those in favor vote aye; all those opposed vote nay. Have all voted who care to? Record, Mr. Clerk. [LB1053A] CLERK: 37 ayes, 0 nays, Mr. President, on adoption of Senator Louden's amendment. [LB1053A] SENATOR GLOOR: The amendment is adopted. [LB1053A] CLERK: I have nothing further on the bill, Mr. President. [LB1053A] SENATOR GLOOR: Senator Larson. [LB1053A] SENATOR LARSON: Mr. President, I move that LB1053A be advanced to E&R for engrossing. [LB1053A] SENATOR GLOOR: Members, you've heard the motion. Those in favor say aye. Those opposed say nay. LB1053A is advanced. Mr. Clerk. [LB1053A] CLERK: Mr. President, Senator Larson, LB1020A. I have no amendments to the bill, Senator. [LB1020A] SENATOR GLOOR: Senator Larson. [LB1020A] SENATOR LARSON: Mr. President, I move LB1020A be advanced to E&R for engrossing. [LB1020A] SENATOR GLOOR: Members, you've heard the motion. Those in favor say aye. Those opposed say nay. LB1020A is advanced. Mr. Clerk, continuing with the agenda. [LB1020A] SPEAKER FLOOD PRESIDING SPEAKER FLOOD: Members, please find your seats in preparation for Final Reading. Mr. Clerk, the first bill today is LB949E. [LB949] CLERK: (Read LB949 on Final Reading.) [LB949] SPEAKER FLOOD: All provisions of law relative to procedure having been complied with, the question is, shall LB949 pass with the emergency clause attached? All those in 3 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Floor Debate April 03, 2012 favor vote aye; all those opposed vote nay. Mr. Clerk, please record. [LB949] CLERK: (Record vote read, Legislative Journal page 1336.) 48 ayes, 0 nays, 1 excused and not voting. [LB949] SPEAKER FLOOD: LB949 passes with the emergency clause attached. Mr. Clerk, LB949A. [LB949 LB949A] CLERK: (Read LB949A on Final Reading.) [LB949A] SPEAKER FLOOD: All provisions of law relative to procedure having been complied with, the question is, shall LB949A pass with the emergency clause attached? All those in favor vote aye; all those opposed vote nay. Mr. Clerk, please record. [LB949A] CLERK: (Record vote read, Legislative Journal page 1337.) 48 ayes, 0 nays, 1 excused and not voting, Mr. President. [LB949A] SPEAKER FLOOD: LB949A passes with the emergency clause attached. Mr. Clerk, LB961. [LB949A LB961] CLERK: (Read LB961 on Final Reading.) [LB961] SPEAKER FLOOD: All provisions of law relative to procedure having been complied with, the question is, shall LB961 pass with the emergency clause attached? All those in favor vote aye; all those opposed vote nay. Mr. Clerk, please record. [LB961] CLERK: (Record vote read, Legislative Journal pages 1337-1338.) 48 ayes, 0 nays, 1 excused and not voting. [LB961] SPEAKER FLOOD: LB961 passes with the emergency clause attached. Mr. Clerk, LB996. [LB961 LB996] CLERK: (Read LB996 on Final Reading.) [LB996] SPEAKER FLOOD: All provisions of law relative to procedure having been complied with, the question is, shall LB996 pass? All those in favor vote aye; all those opposed vote nay. Have all those voted who care to? Mr. Clerk, please record. [LB996] CLERK: (Record vote read, Legislative Journal pages 1338-1339.) 28 ayes, 20 nays, 1 excused and not voting, Mr. President. [LB996] SPEAKER FLOOD: LB996 passes. Mr. Clerk, the next bill is LB1104, and the first vote is to dispense with the at-large reading. All those in favor vote aye; all those opposed 4 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Floor Debate April 03, 2012 vote nay. Mr. Clerk, please record. [LB996 LB1104] CLERK: 42 ayes, 0 nays, Mr. President, to dispense with the at-large reading. [LB1104] SPEAKER FLOOD: The at-large reading is dispensed with. Please read the title. [LB1104] CLERK: (Read title of LB1104.) [LB1104] SPEAKER FLOOD: All provisions of law relative to procedure having been complied with, the question is, shall LB1104 pass? All those in favor vote aye; all those opposed vote nay. Mr. Clerk, please record. [LB1104] CLERK: (Record vote read, Legislative Journal pages 1339-1340.) 44 ayes, 0 nays 4 present and not voting, 1 excused and not voting, Mr. President. [LB1104] SPEAKER FLOOD: LB1104 passes. While the Legislature is in session and capable of transacting business, I propose to sign and do hereby sign the following legislative bills: LB949, LB949A, LB961, LB996, and LB1104.