Debate Transcripts

LB 347 (1997)

General File

February 6, 1997

… before the body is the advancement of LB 345. All those in favor vote aye; all those opposed vote nay. Please record.

CLERK: 25 ayes, 0 nays on the advancement of 345.

PRESIDENT ROBAK: LB 345 advances. While the Legislature is in session and capable of transacting business, I propose to sign and do hereby sign LBs 1, 2, 3, 4, 5, 6, 9, 13, 21, 22, 29, 34, 35, 57, 67, and LR 72. LB 347.

CLERK: (LB) 347, introduced by Senator Bohlke. (Read title.) The bill was introduced on January 14, referred to the Education Committee, advanced to General File. There are committee amendment., pending. (Committee amendment, AM0053, can be found on page 473 of the Legislative Journal.)

PRESIDENT ROBAK: The Chair recognizes Senator Bohlke to open on the bill.

SENATOR BOHLKE: Yes, Madam President, members. This is the second of the trailer bills that I discussed. This one also is just technical, very technical, and provides updates in terminology. It doesn’t include the kitchen sink, but it does include terminology like “outhouses”, so it’s strictly technical, all the terminology that we’re changing, and goes along with what we did last year on the recodification.

PRESIDENT ROBAK: Thank you, Senator Bohlke. There are committee amendments. Senator Bohlke, to open on the committee amendments.

SENATOR BOHLKE: The committee amendment to LB 347 clarified that the Nebraska Education Telecommunications Commission shall arrange for the operation of statewide education telecommunication networks in cooperation with the State Board of Education and the Coordinating Commission for Postsecondary Education, rather than consistent with policies of those agencies. The commission’s eminent domain authority is restricted in the amendment by requiring the approval of the Legislature, or the Executive Board if the Legislature is not in session. The sections for reserve teacher program are removed from the outright repealer, so the program will’ continue to

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serve the two remaining beneficiaries. These are two teachers who are 100 years old.

PRESIDENT ROBAK: Thank you, Senator Bohlke. Senator Witek.

SENATOR WITEK: Thank you, Madam President. Senator Bohlke, I’d like to ask you a question, if you would answer, please.

PRESIDENT ROBAK: Senator Bohlke.

SENATOR BOHLKE: Yes.

SENATOR WITEK: As I’m going through the committee statement, it talks about requiring the Department of Education to establish a technology consortium, but we’re not giving them any money to do that. Is that correct? So is this an unfunded mandate to the Department of Education?

SENATOR BOHLKE: Senator Witek, they formed it, without the money.

SENATOR WITEK: Right, they formed it...

SENATOR BOHLKE: So,...

SENATOR WITEK: ... and they’re just going to absorb that into their present budget?

SENATOR BOHLKE: Yes, it was years ago that they did this.

SENATOR WITEK: Oh, okay. I thought this was something that was new. Thank you.

PRESIDENT ROBAK: Is there any further discussion on the committee amendments? Seeing none, the question before.... Senator Bohlke to close on the committee amendments. Closing is waived. The question before you is the adoption of the committee amendments to LB 347. All those in favor vote aye; all those opposed vote nay. Please record.

CLERK: 26 ayes, 0 nays on adoption of committee amendments.

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PRESIDENT ROBAK: Committee amendments are adopted. Is there any further discussion on the advancement of LB 347? Seeing none, Senator Bohlke to close on the bill. Closing Is waived. The question before you is the advancement of LB 347. All those in favor vote aye; all those opposed vote nay. Please record.

CLERK: 25 ayes, 0 nays, Madam President, on the advancement of LB 347.

PRESIDENT ROBAK: LB 347 advances. LB 201.

CLERK: (LB) 201, introduced by the Agriculture Committee. (Read title.) The bill was introduced in January, referred to the Agriculture Committee, advanced to General File. I have no amendments to the bill, Madam President.

PRESIDENT ROBAK: The Chair recognizes Senator Dierks to open on the bill.

SENATOR DIERKS: Thank you, Madam President and members of the body. LB 201 is a bill that was introduced by the Ag Committee on behalf of the Department of Agriculture. The bill was heard in the committee on January 28th and advanced to General File with no dissenting votes and no amendments. LB 201 updates the Nebraska Pasteurized Milk Law which governs the production, processing and shipment of Grade A milk and milk products. The bill adopts, by reference, the latest provisions of -the federal Pasteurized Milk Ordinance, we call it the PMO. The contents of the PMO are guidelines accepted by the United States Department of Agriculture... I’m sorry, United States Department of Health and Human Services and the Food and Drug Administration for the safe and sanitary handling of milk and milk products. The PMO was developed by the National Conference of Interstate Milk Shippers, which meet in national conference every two years for the purpose of revising these ordinances. Membership in the Interstate Milk Shippers Conference includes state regulatory officials, dairy industry groups, and FDA officials. By agreement, states allow the interstate shipment of milk in and out of their borders, provided the member states adopt the Pasteurized Milk Ordinance, and the FDA then serves as the third party monitor of each state’s compliance. The Nebraska Pasteurized Milk Law was last updated in 1992 with the

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