Thread by @ChrisDunkerLJS

It's Day 78 of your #neleg and we're nearing debate over a proposal to combine two of the most controversial bills introduced this session:

--A ban on gender-affirming care for Nebraskans under 19
--A ban on abortion after 12 weeks gestation.

Updates will follow in this thread:

Several senators have mentioned they are trying to kill time -- apparently not all of the supporters of the transgender care/abortion ban are here right now.

The trio of senators who introduced a bunch of filibuster motions have pulled them all.

If there are only 32 senators for a cloture vote on LB574, the measure would fail today. The abortion ban amendment would not get attached.

There are a lot of conversations going on underneath the balconies and the breakroom.

Sen. Joni Albrecht, who was absent this morning and missed a few votes on amendments and motions, just arrived.

I *believe* she might have been the missing vote in support of the bill.

The house is under call for debate over LB727, a Revenue Committee bill on the agenda before LB574. A vote should happen here in the next few minutes.

That means debate over LB574 will start and finish about 4 hours earlier than expected.

Speaker John Arch is outlining the process for the debate on LB574.

Because bill is on final reading, senators have to be in seats the whole time.

Debate will be over motion to return to select for a specific amendment. Both need 25 votes.

Cloture vote still needs 33.

Sen. Machaela Cavanaugh has introduced a motion to recommit LB574 to committee.

She says LB574 "raises significant concerns" for parents' rights as the primary caregivers and decision-makers for their children, health care for Nebraskans, a rebuke of the legislative process...

...Cavanaugh says the bill could also pose a financial and legal impact on the state.

Voting down the bill recognizes the deep connection between parents and their children.

"Each family holds its own set of values and principles that guide their decision-making process."

"Colleagues, today we choose to recognize the unwavering commitment of a parent to their child," she says. "Let's choose to acknowledge and respect that."

Cavanaugh also refers to letters from Omaha Chamber and 100+ businesses opposing LB574.

Opposition from businesses isn't purely altruistic, Cavanaugh says, but it's good from a business standpoint which is why they signed onto the letter.

Medical community, including dozens of doctors who testified, also oppose the bill.

Lincoln Sen. George Dungan is second in the queue to oppose LB574. He says it is going to cause irreparable damage.

"It is bad policy, it is bad law, and it will have the opposite effect of what supporters say it will have."

Dungan thanks the senators who have done the "emotional heavy lifting" in opposing it earlier in the session.

A defense attorney, Dungan says LB574 "the most blatant example of government stepping into people's lives."

Dungan says LB574 violates the 14th Amendment by infringing upon a parent's right to do what's best for their children.

"Parents have that fundamental right to parent their children and this violates that without" a legitimate reason to do so.

Dungan asks senators to listen to the doubts they may have based upon what's been said by opponents.

Sen. Carol Blood says bill is all over the place and tells senators: "Last I checked, you are not the genital police."

Let's zoom out for a minute:

Right now, because of Cavanaugh's motion to recommit, the motion to return the bill to select file is NOT on the board.

*Neither* is the amendment to combine ban on trans care with ban on abortion.

And the queue is full.

Supporters of the bill will have to call the question with a full queue and likely overrule the chair -- something that happened on first-round debate of this bill -- to keep things moving.

Omaha Sen. Justin Wayne raises a point of order, says he filed an amendment to the motion to recommit in order to recommit the bill to the Judiciary Committee rather than Health and Human Services.

Wayne says the bill includes criminal penalties so needs review by Judiciary.

Today in "I've Never Seen the Legislature Do This": Can you amend a motion to recommit?

(A few minutes ago I saw Clerk Brandon Metzler and Wayne hovering over a Rules book, which is always a sign things are going well.)

Chanting can be heard out in the Rotunda, but for now the doors are remaining open.

Supporters of LB574 and the abortion ban were going to rally at 3 p.m. today.

Opponents have scheduled a rally for 5 p.m., but debate may be done by then.

On Wayne's point of order: Lt. Gov. Joe Kelly says an amendment can't be ruled in order on a motion because of past precedent.

Wayne moves to overrule the chair. Everyone can speak once, no one can yield time.

"When we started this debate yea...months ago..." Wayne says.

He's trying to explain his reasoning, he says the rule on priority motions says there is no amendments except in certain cases, which he says this is.

During this motion to overrule the chair, the clock on LB574 has STOPPED.

"Does a member of this body, per our rules, have the authority to amend a motion to recommit?" Wayne asks. "The answer is yes."

Hansen asks Arch if he wants to address the issue.

Sen. Megan Hunt, who tried to do this on LB574 but was shut off and told she couldn't ask questions or yield time, raises another point of order.

Kelly says Hunt's point of order is ruled out of order. A few weeks ago, the issue came up and it was determined that precedent was a senator could ask another senator a question but couldn't yield time.

Still on debate on Wayne's motion.

Think of Rules like the spice melange from Dune.

"He who controls The Rules controls The Legislature."

Sen. Steve Erdman criticizes Wayne and others for using dilatory measures to try and defeat LB574. He and other supporters of the bill are in the speaking queue and yielding their time back.

Sen. Wendy DeBoer says the situation is what she's cautioned against:

The on-the-fly changing of the rules, ignoring customs and norms leaves the #neleg unsure of how to move forward.

To wit: There might be criminal penalties in a bill not heard by Judiciary.

Sen. Tom Briese of Albion says the bill was referenced correctly and that there is precedence for bills with criminal penalties going to committees that aren't Judiciary.

Sen. Jane Raybould calls this debate sad because senators aren't listening to parents, doctors, medical experts, businesses, etc.

"We should be doing everything we can to retain and attract young families and professionals," she says.

"Since when is gender-affirming care more dangerous to children than firearms?" Raybould asks.

Raybould also points out that LB574 violates central conservative principles of limited government and a strong family.

Sen. Jen Day: "At every stage of debate this session, the rules have changed. We are no longer governing based on best public policy, based on norms of the institution, based on long-standing established rules. We are governing at a win at all costs atmosphere."

"What are the rules today? I don't know. What are they going to be tomorrow, what were they six weeks ago?" Days says.

"This place is not about me, it's not about you, it's going to be here a long time after we've left the earth."

#LNK Sen. Carolyn Bosn says there are two mentions of the word penalty in the bill, neither refer to criminal penalties.

Sen. Danielle Conrad: "This debate is about us. The 49 of us who are here, who sacrificed to be here, who worked hard to get here, who took an oath to serve in a nonpartisan institution, who truly in their heart of hearts want to do good work...

"...colleagues if you read the headlines, if you scroll social media, if you talk to your friends and neighbors and they are sick of the toxic politics...the only way to stop it is to stop it," Conrad adds.

She says Nebraskans can rise above it.

Sen. Dave Murman, responding to Cavanaugh from earlier, says the state does intervene on a parents' rights in several ways -- joining the military, purchase alcohol, cigarettes, voting -- and says abortion and gender-affirming surgeries should be added to list.

Sen. Tony Vargas mentions that the clock remains stopped on a point of order, which he says has been applied irregularly this year.

Sen. Merv Riepe, who did not vote in favor of the last abortion ban (LB626), says he included an explicit repeal of the criminal provisions.

"Will you commit to me today that you will work with me next session to repeal the criminal provisions?" he asks of Hansen.

"Of course," Hansen says.

Riepe doesn't give an indication of whether or not he will vote for the amendment, or whether he will vote for it now and work on changes next year.

The scene in the Rotunda:

Cavanaugh says there is no motivation to lift criminal penalties if the bill passes today. She says the bill would become law immediately upon signature, adds can't trust the word of others.

"If I was going to trust you would do things the right way to begin with."

Wayne is closing on his motion to overrule the chair. He says if #neleg would have granted him motion, they could have gone onto his amendment to the motion to recommit, and the question could have been called on it.

Motion to overrule the chair fails.

Cavanaugh's motion to recommit LB574 to committee fails 2-32.

Sen. Ben Hansen, who was "present not voting" on Cavanaugh's motion, now moves to reconsider the vote. He says he wants to take time to talk about his amendment.

Hansen says the amendment is "an agreeable compromise" because neither side is getting everything it wants.

Sen. John Cavanaugh, who has an amendment on file, says the negotiation wasn't much of a negotiation, but more of a "listening session" by backers of LB574.

Cavanaugh has filed his own amendment, however.

"I would submit to you my amendment is a more true compromise than what has been proposed by Sen. Hansen," Cavanaugh says.

Reminds #neleg that a similar law is on hold because legal challenge in Arkansas.

Cavanaugh says opponents of the bill shouldn't rely on a court challenge: "We should do what is right right now."

If the #neleg doesn't break for dinner, and barring any further points of order, a cloture vote could come around 6:20 p.m.

M. Cavanaugh says if LB574 is passed, precedent would be there for future lawmakers to supersede parental rights and require children be vaccinated during future pandemics.

"Everything you do today impacts tomorrow. Whether you want to accept that or not is irrelevant."

M. Cav says she supports vaccination, got her kids vaxxed when they were eligible for C19, but said she would never tell another parent what the should or shouldn't do and believes gov't shouldn't either.

The chanting in the Rotunda is reaching a crescendo as Sen. John Fredrickson is speaking.

I think they are about to close the doors (the chanting can likely be heard on the audio recording used by transcribers).

Kelly announces the doors are going to be closed "for the preservation of the transcript."

"Kill this bill" can be heard from the Rotunda.

As this point of order is being deliberated, senators are sitting quietly as "Whose house? Our house" is being yelled.

They opt to not close the doors. Kelly asks senators to speak louder and slower so the transcribers can catch it.

First up is Dungan: "Speaking loudly has never been a problem for me."

Hunt comes to the mic in tears: "I just got what they are saying. 'One more vote to save our lives.'"

"The way government is coming down in this body between a parent and their child and a health care professional...is unreal."

"I know why you all like this amendment, because it makes the bill WORSE," Hunt says. "Some veterinarian, some ear-nose-throat doctor, whoever is the chief medical officer at the time" gets to determine what's best for kids?

Hunt tells Riepe "you are on an island by yourself" if he votes for the bill with an agreement that the criminal penalties will be revoked next year.

Bosn calls the question on the motion to reconsider from Hansen.

Cavanaugh calls for a point of order, says there is inconsistency on how question is decided, is overruled.

We are about 30 minutes away from a cloture vote. If there are two priority motions left, that's 10 minutes to open and 10 minutes to close each.

J. Cavanaugh made a second motion to reconsider the motion to recommit.

It would require unanimous consent from the body to raise the motion. Sen. Julie Slama objects to unanimous consent, which kills it.

Four more minutes off the clock.

J. Cavanaugh raises another point of order. Kelly rules it dilatory and backbaiting, assuming he's addressing Slama.

Cavanaugh says he has another objection to germaneness to next item. Kelly says he's not ruling on the point of order, but that there is nothing that applies to.