Transcript Prepared By the Clerk of the Legislature Transcriber's Office Floor Debate April 05, 2016 [LB10 LB235 LB268 LB580 LB605 LB643 LB716 LB721 LB745 LB804 LB884 LB884A LB889A LB1067 LB1094 LB1106 LR515 LR516 LR524 LR528 LR531 LR585 LR617 LR618] PRESIDENT FOLEY PRESIDING PRESIDENT FOLEY: GOOD MORNING, LADIES AND GENTLEMEN. WELCOME TO GEORGE W. NORRIS LEGISLATIVE CHAMBER FOR THE FIFTY-FIFTH DAY OF THE ONE HUNDRED FOURTH LEGISLATURE, SECOND SESSION. OUR CHAPLAIN FOR TODAY IS PASTOR REBECCA HJELLE OF THE FIRST UNITED METHODIST CHURCH IN BLAIR, NEBRASKA, SENATOR BRASCH'S DISTRICT. PLEASE RISE. PASTOR HJELLE: (PRAYER OFFERED.) PRESIDENT FOLEY: THANK YOU VERY MUCH, PASTOR HJELLE. I CALL TO ORDER THE FIFTY-FIFTH 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 FOR THE JOURNAL? CLERK: I HAVE NO CORRECTIONS. PRESIDENT FOLEY: THANK YOU, SIR. ARE THERE ANY MESSAGES, REPORTS, OR ANNOUNCEMENTS? CLERK: MR. PRESIDENT, ENROLLMENT AND REVIEW REPORTS LB580 TO SELECT FILE WITH E&R AMENDMENTS ATTACHED. THAT'S ALL THAT I HAVE. (LEGISLATIVE JOURNAL PAGE 1459.) [LB580] PRESIDENT FOLEY: THANK YOU, MR. CLERK. MEMBERS, WHILE THE LEGISLATURE IS IN SESSION AND CAPABLE OF TRANSACTING BUSINESS, I PROPOSE TO SIGN AND DO HEREBY SIGN THE FOLLOWING LEGISLATIVE RESOLUTIONS: LR515, LR516, LR524, LR528, LR531, AND LR585. WE'LL NOW 1 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Floor Debate April 05, 2016 PROCEED TO THE FIRST ITEM ON THE AGENDA, LEGISLATIVE CONFIRMATION REPORTS. MR. CLERK. [LR515 LR516 LR524 LR528 LR531 LR585] CLERK: MR. PRESIDENT, HEALTH AND HUMAN SERVICES COMMITTEE, CHAIRED BY SENATOR CAMPBELL, REPORTS ON SEVERAL APPOINTMENTS TO THE STATE BOARD OF HEALTH. (LEGISLATIVE JOURNAL PAGE 1369.) PRESIDENT FOLEY: SENATOR CAMPBELL, YOU'RE RECOGNIZED TO OPEN ON THE CONFIRMATION REPORT. SENATOR CAMPBELL: THANK YOU, MR. PRESIDENT. AND GOOD MORNING, COLLEAGUES. WE HAVE ALL APPOINTMENTS TODAY FOR THE STATE BOARD OF HEALTH, AND THEY WERE ALL APPROVED BY THE COMMITTEE UNANIMOUSLY. OUR FIRST IS A NEW APPOINTMENT, MR. MICHAEL HANSEN, WHO IS FROM COLUMBUS. HE HAS SPENT 34 YEARS IN HEALTHCARE, HAS A BACHELOR FROM LSU AND TWO MASTER'S DEGREES FROM WEBSTER COLLEGE. HE HAS FOUND IT A VERY CHALLENGING ASPECT TO JOIN THE BOARD OF... PRESIDENT FOLEY: EXCUSE ME, SENATOR. EXCUSE ME. MEMBERS, PLEASE COME TO ORDER. WE CAN'T HEAR THE SPEAKER. SENATOR CAMPBELL: HE HAS FOUND IT VERY CHALLENGING AS A NEW APPOINTEE TO SERVE ON THE STATE BOARD OF HEALTH. HE RUNS A FACILITY WITH 47 ACUTE BEDS AND FOUR LONG-TERM BEDS, WHICH IS VERY UNUSUAL FOR A HOSPITAL, AND WILL BE A GREAT ADDITION. OUR SECOND GUBERNATORIAL APPOINTMENT IS DIANE JACKSON. DIANE JACKSON COMES FROM RED CLOUD, NEBRASKA. SHE IS CURRENTLY THE SECRETARY OF THE STATE BOARD OF HEALTH. SHE IS AN INSTRUCTOR FOR UNMC COLLEGE OF NURSING AT KEARNEY, AND SHE TALKED ABOUT THE NUMBER OF STUDENTS THAT THEY HAVE THERE AND HOW THAT PROGRAM IS GROWING. SHE HAS AN ASSOCIATE DEGREE FROM THE COLLEGE OF ST. MARY, A BACHELOR OF SCIENCE IN NURSING FROM UNMC, AND A MASTER'S IN SCIENCE FROM CREIGHTON. OUR NEXT APPOINTMENT IS DEBRA PARSOW, WHO IS FROM OMAHA. SHE IS ALSO A REAPPOINTMENT, AND SHE REPRESENTS PUBLIC MEMBERS ON THE BOARD. SHE SERVES AS THE CHAIR OF THE ALL-IMPORTANT COMMITTEE, THE CREDENTIALING COMMITTEE, WHICH DOES ALL THE 407 REVIEWS. SHE'S CURRENTLY WITH OPTUM...STRATEGIC CONSULTANT...SENIOR AND A CONSULTANT IN POPULATION HEALTH. SHE WORKED 25 YEARS FOR CONAGRA IN THEIR WELLNESS PROGRAM. OUR NEXT APPOINTMENT IS WAYNE STUBERG. DR. 2 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Floor Debate April 05, 2016 STUBERG IS FROM OMAHA AND CURRENTLY IS THE CHAIR OF THE STATE BOARD OF HEALTH. HE IS A PHYSICAL THERAPIST AND SERVES AT MUNROE-MEYER AT UNMC AS A PROFESSOR AND THE ASSOCIATE DIRECTOR. OUR NEXT APPOINTEE IS JIM TREBBEIN. MR. TREBBEIN REPRESENTS THE PUBLIC. HE IS A RETIRED DEAN AND PROFESSOR FROM METRO COMMUNITY COLLEGE AND OWNS TWO BUSINESSES IN THE OMAHA AREA. OUR LAST APPOINTEE FOR THE STATE BOARD OF HEALTH IS, AGAIN, A REAPPOINTMENT, DR. DOUGLAS VANDER BROEK, WHO IS FROM LINCOLN. HE IS A DOCTOR OF CHIROPRACTIC MEDICINE AND HAS SERVED...AND HAS PRACTICED FOR 33 YEARS. HE HAS A BACHELOR'S DEGREE FROM NORTHWESTERN COLLEGE IN IOWA AND HIS CHIROPRACTIC DEGREE IN PALMER COLLEGE. HE FULFILLED PART OF A TERM AND IS NOW STARTING HIS OWN PARTICULAR TERM. WE WOULD HIGHLY RECOMMEND THE CONFIRMATION OF ALL THESE APPOINTMENTS TO THE STATE BOARD OF HEALTH. THANK YOU, MR. PRESIDENT. PRESIDENT FOLEY: THANK YOU VERY MUCH, SENATOR CAMPBELL. (DOCTOR OF THE DAY INTRODUCED.) MR. CLERK. SENATOR CHAMBERS, YOU'RE RECOGNIZED FOR A MOTION. SENATOR CHAMBERS: THANK YOU. MR. PRESIDENT, I'M MERELY CALLING FOR A DIVISION OF THE QUESTION, EACH PERSON TAKEN SEPARATELY AND VOTED ON SEPARATELY. PRESIDENT FOLEY: THANK YOU, SENATOR CHAMBERS. THE QUESTION IS DIVISIBLE. WE WILL TAKE THEM ONE AT A TIME. SENATOR CAMPBELL, COULD YOU REMIND US OF THE NAME OF THE PERSON THAT IS UNDER CONSIDERATION. SENATOR CAMPBELL: ABSOLUTELY: MR. MICHAEL HANSEN. AND ALL OF THESE ARE FOR THE STATE BOARD OF HEALTH. PRESIDENT FOLEY: THANK YOU, SENATOR. SENATOR CHAMBERS, YOU'RE RECOGNIZED. SENATOR CHAMBERS: THANK YOU. MR. PRESIDENT, MEMBERS OF THE LEGISLATURE, I WOULD LIKE TO ASK SENATOR CAMPBELL A QUESTION. PRESIDENT FOLEY: SENATOR CAMPBELL, WOULD YOU YIELD, PLEASE? 3 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Floor Debate April 05, 2016 SENATOR CAMPBELL: CERTAINLY. SENATOR CHAMBERS: SENATOR CAMPBELL, IS THIS GENTLEMEN RELATED TO JOHN HANSEN? SENATOR CAMPBELL: SENATOR CHAMBERS, I WOULD HAVE NO IDEA. HE IS FROM COLUMBUS. HE SERVES AS THE CEO OF THE COMMUNITY HOSPITAL THERE. SENATOR CHAMBERS: SENATOR CAMPBELL, DOES YOUR COMMITTEE EVER DO BACKGROUND CHECKS ON THESE INDIVIDUALS? SENATOR CAMPBELL: NO, BECAUSE THAT PROCESS IS DONE THROUGH THE GOVERNOR'S OFFICE. SENATOR CHAMBERS: AND DID THE GOVERNOR SEND MATERIAL ON THIS PERSON? SENATOR CAMPBELL: YES. IT PROVIDES A COVER LETTER, SENATOR CHAMBERS, A CERTIFICATE OF APPOINTMENT, AND THEN WE RECEIVE A COPY OF THE APPLICATION THAT WAS SUBMITTED AND MANY TIMES, ALSO, A RESUME OR A CURRICULUM VITAE AND--I'M SORRY, SENATOR CHAMBERS--AND A STATEMENT OF FINANCIAL INTERESTS. SENATOR CHAMBERS: SENATOR CAMPBELL, ON THESE DOCUMENTS THAT ARE SUBMITTED TO THE COMMITTEE BY THE GOVERNOR, YOU MENTIONED AN APPLICATION. IS THERE A BOX ON THAT APPLICATION TO BE CHECKED AS TO WHETHER A PERSON HAS EVER BEEN ARRESTED? SENATOR CAMPBELL: THAT IS CORRECT. SENATOR CHAMBERS: THERE IS SUCH A BOX? SENATOR CAMPBELL: YES, THERE IS. SENATOR CHAMBERS: AND HOW WAS THAT BOX CHECKED? SENATOR CAMPBELL: IN THE CASE OF MR. HANSEN, NO. THERE HAVE... 4 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Floor Debate April 05, 2016 SENATOR CHAMBERS: DO YOU...OH, EXCUSE ME. SENATOR CAMPBELL: NO. SENATOR CHAMBERS: DO YOU REMEMBER THIS OF YOUR OWN PERSONAL KNOWLEDGE AND ACCORDING TO YOUR OWN RECOLLECTION OR YOU PRESUME THAT? SENATOR CAMPBELL: NO, I HAVE THE APPLICATION IN FRONT OF ME, SENATOR CHAMBERS. SENATOR CHAMBERS: IS THERE AN ADDITIONAL BOX THAT IS TO BE CHECKED REGARDING WHETHER OR NOT A PERSON HAS EVER BEEN CONVICTED OF A CRIME? SENATOR CAMPBELL: NO, THERE IS NOT. SENATOR CHAMBERS: ARE YOU AWARE THAT SUCH A BOX DOES APPEAR ON MANY EMPLOYMENT APPLICATIONS IN BUSINESS? SENATOR CAMPBELL: YES, SENATOR CHAMBERS, I'M SURE THERE IS. I THOUGHT THAT SENATOR AVERY HAD A BILL TWO YEARS AGO THAT WOULD HAVE ADDRESSED THAT ISSUE, BUT MY MEMORY IS NOT AS GOOD AS YOURS, SIR. SENATOR CHAMBERS: WELL, I'M ASKING BECAUSE MY MEMORY IS FAILING ME ON A LOT OF THINGS THIS MORNING, SO TODAY I'M GOING TO HAVE TO HAVE HELP FROM EVERYBODY. THAT'S ALL THAT I WILL ASK OF YOU. THANK YOU, SENATOR CAMPBELL. MEMBERS OF THE LEGISLATURE, THERE WAS A BILL THAT CAME, I THINK, TO THE BUSINESS AND LABOR COMMITTEE, BUT IT MAY HAVE DEALT ONLY WITH STATE MATTERS. AND I DOUBT THAT THIS GENTLEMEN HAS BEEN CONVICTED OF A CRIME; BUT IF HE HAS, HIS HAVING CONCEALED IT THIS LONG SO THAT HE COULD BECOME THE CEO OF A HOSPITAL AND DO ALL OF THE OTHER VERY WORTHWHILE THINGS HE HAS DONE WOULD BE SUFFICIENT FOR ME TO OVERLOOK ANY MISTAKE, ANY DELIBERATE ACT IN HIS PAST WHICH WOULD HAVE BEEN A VIOLATION OF THE LAW. AND WE SHOULD BE A STATE THAT BELIEVES IN SECOND CHANCES. WE CAN LOOK, IF A PERSON HAS BEEN CHARGED WITH AN OFFENSE, WHETHER OR NOT THERE WAS A CONVICTION. THEN WE SHOULD LOOK AT THE NATURE OF THE OFFENSE. WE SHOULD LOOK AT 5 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Floor Debate April 05, 2016 HOW LONG AGO IT OCCURRED, WHAT THE...HOW THE CASE WAS HANDLED, WHETHER, PURSUANT TO A PLEA OF NO CONTEST, A FINDING OF GUILT OR JUST HOW, AND THEN LOOK AT THE SURROUNDING CIRCUMSTANCES OF THAT OFFENSE. NEXT, SINCE WE'RE DEALING WITH A SPECIFIC INDIVIDUAL, WE SHOULD CONSIDER WHAT THAT PERSON HAS DONE WITH HIS OR HER LIFE IN THE MEANTIME, AND THIS PERSON, I'M SURE, HAS CLEARED ALL THOSE HURDLES SATISFACTORILY. I LOOKED AT THE MEMBERS WHO VOTED IN FAVOR OF HIM... PRESIDENT FOLEY: ONE MINUTE. SENATOR CHAMBERS: ...AND ALL OF THESE PEOPLE, AS FAR AS I KNOW, ARE INDIVIDUALS OF GOOD CHARACTER THAT ARE UPSTANDING MEMBERS OF THEIR COMMUNITY. THEY ARE THE FOLLOWING: SENATOR CAMPBELL; SENATOR FOX; SENATOR HOWARD; SENATOR KOLTERMAN, WHO OCCASIONALLY BRINGS BAD BILLS BUT THAT DOES NOT GO TO THE QUESTION OF WHETHER OR NOT HE'S A REPUTABLE PERSON OF GOOD CHARACTER; SENATOR RIEPE, WHO GOADED ME INTO DOING SOMETHING THAT PEOPLE GAVE US BOTH CREDIT FOR, SO IF I HAD ANY OBJECTIONS TO HIM THEY WOULD BE TAKEN AWAY.