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Senate | May 11, 2015 | Chamber | Senate Session

Full MP3 Audio File

The Senate will come to order. The Sergeant-at-Arms will close the doors. Members will their seats. Members and guests in the galley please silence all electronic devices. Leading the Senate in prayer is the Reverend Peter Milner Senate Chaplain, all members and guests in the gallery will please stand. Let's pray Almighty God, we come to you and ask that you would provide stability and peace within our government as we do that, help us to remember Paul's admonition in his letter to the Romans to not think more highly of ourselves than we ought but rather think on ourselves with sober judgement, it's in Jesus name we pray, Amen. Amen. Senator Berger is recognized for a motion. Thank you, Mr. President. The Journal of Thursday May 7th, 2015 has been examined and is found to be correct, I move that we dispense with the reading of the Journal, and that it stand approved as written. Without objection the Journal for May 7th stands approved as written it seems we have leave of absence granted today for Senator Curtis Ratification of Bills, the Clerk will read enrolled bills enrolling clerk reports the following bill duly ratified for presentation to the Governor, House Bill 358 AN ACT TO EXTEND THE USE OF THE FIFTEEN-POINT SCALE FOR ASSIGNMENT OF SCHOOL PERFORMANCE GRADES FOR THE 2014-2015 AND 2015-2016 2016 SCHOOL YEARS ONLY, and the following bill duly ratified, properly enrolled and prepared for presentation to the Office of the Secretary of State, House Bill 393, An Act to change the manner of selection of members of the Tri-County Community College Board of Trustees Senators, that takes us into our calendar for the day. Senator Apodaca for what purpose do you rise? Good call Mr. President, thank you. Mr. President House Bill 879 is on tonight's calendar, I move that it be removed from tonight's calendar and placed on Wednesday's calendar. Without objection so ordered Senators, we'll move right into our calendar starting with public bills. Second reading House Bill the Clerk will read. House Bill 102, Utility Vehicles/Move-Over Changes. Senator Lee is recognized to speak to the bill. Senator Lee would you like somebody else to speak? I did not know I was going to speak to the bill, but. Mr. President and there you go, Senator Wade is recognized to speak to the bill. Thank you, Senator Lee. Thank you, Mr. President. At the appropriate time I'd like to send up an amendment it's the appropriate time Senator, you can send forward your amendment, the Clerk will read. Senator Wade moves to amend a bill. Senator Wade is recognized to speak to the amendment The amendment is just a technical correction, it's a hyphen between the word All Terrain threw[sp?] out the bill. Do we have any discussion or debate? Hearing none, the question before the Senate is the adoption of Amendment 1, all in favor will vote Aye opposed will vote No. Five seconds to be allowed for the voting, the Clerk will record the vote. Bryant Bryant, Aye. Lowe, Aye. 49 having voted in the affirmative 0 in the negative Amendement 1 is adopted, the bill as amended is back before the body and Senator Wade is recognized. Thank you, Mr. President Section 1 of the bill just adds the words Utility Vehicles to the current law authorization for operation of all train vehicles for law enforcement for law enforcement officials, fire rescue team and emergency medical services. Section 2 authorises municipal and county officials to operate all train and utility the vehicles on use the speed limit of 35 m/h or less and section 3 modifies the state move law to include vehicles being used in collection of solid waste to recycling I ask for your support. Any discussion or debate? If none the question for the senate is the passage of senate committee substitute the house bill 102 as amended on second reading all in favour will vote aye opposed will vote no 5 seconds will be allowed for the voting and clerk will record the vote should check clerk I 49

having voted in the affirmative and 0 in the negative senate committee substitute house bill 102 as amended passes its second reading without objection be read third time senator Stein what purpose your rise? Objection of the reading. Senator Stein object the third reading it will remain on the counter house bill 597 the clerk will read. House bill 5 97 mediated several agreements. Senator Daniel is recognised to speak to the bill. Thank you Mr. President currently else appeal court civil action as a mediation process and also in some other types of family elections on this bill nearly clarifies is that in order for a court to enforce a mediated settlement agreement against you at the mediation or after the medication you would have to have signed it, so it's a a kind of a technical correction that cleans up the existing statute. Do we have any discussion or debate? Senator McKissick, for what purpose do you rise? To see if Senator Daniel would yield for a question? Senator Daniel do you yield? I yield, but this is a House Bill. I understand. As it presently stands all parties currently need to sign these mediated settlement agreements, and obviously that's the language that's reflected on the first page and other portions within the bill. Are we now moving away from saying that all parties need to sign it, and that the only person who needs to sign it is the person who enforcement is being sought against? Because it would seem that that would not necessarily be an improvement, so I'm trying to get some clarity as to if we're moving away from requiring all parties to sign these agreements as they've historically been required to sign them in the past? Well Senator McKissick, my understanding would be you don't really have an agreement if the parties don't sign it. I think this would be a case where if the attorney signs the agreement on behalf of his client and his client may be doesn't sign it, then that would be a case where it couldn't be enforced against the client. Follow up if I could, Mr. President? Senator Daniel, do you yield for a follow up? I yield. OK, perhaps what I'll do is get to third reading and Friday, get some clarity on that one issue is what IU'm saying. I'm not troubled with the idea that the person so much to be enforced has to sign it, but I just want to make sure we're not moving away from requiring all parties to sign it anyway. I just want to make sure we that that's going to continue to be what this, the current practice continues to be the practise that will correct[sp?] after this bill is passed is that OK? I don't object to your objection. OK. Senator Apodaca, for what purpose do you rise? Senator Daniel yields. Senator Daniel do you yield? I yield. Senator Daniel, wouldn't[sp?] Senator McKissick House member one of the primary sponsors on this bill? It appears that you're correct Senator Apodaca. Thank you. I just thought the delegations talk de jure[sp?] Do we have any further discussion discussion or debate? Hearing none, the question before the Senate is the passage of Committee Substitute to House Bill 597 on its second reading all in favor will vote Aye, opposed will vote No, five seconds to be allowed for the voting, and the Clerk will record the vote 49 having voted in the affirmative and 0 in the negative, Committee Substitute to House Bill 597 passes its second reading, Senator McKissick objects to the third reading, it will remain on the calendar. Thank you and that is all the four calendars. Mr. President? Senator Stein, for what purpose do you rise? To remove my objection to third reading on HB 102 please OK, Senator Stein removes his objection to the third reading on House Bill 102 Can we get House Bill 102 put back up on the screen for third reading? and the Clerk will read house bill 102 utility vehicles move over changes. Do we have any further discussion or debate? hearing none the question for the senator is the passage of senate committee substitute house bill 102 as amended on its third reading all in favour will vote aye opposed will vote no 5 seconds will be allowed for the voting clerk will record the vote Taker Taker aye 49

having voted in the affirmative and 0 in the negative senate committee substitute the house bill 102 as amend passes the third reading the amendment will be enclosed and sent to the house [xx] current on senate committee substitute and that wraps up the calendar for the evening so we are going to introduce our pages now so page if you make your way around here to the dice and we have a huge group of pages in this week so Mr. Curt start reading the Pages names please. Pages that are in the Chamber this week Jessica Adams, Matthews. Matthew Anderson, Hayes. Davis Beman, Washington. Robbie Blankenship, Raleigh. Brenda Daniel, Wilmington. Grateful[sp?] Gore, Wilmington. Corey Garth, Roper. Andrew Hall, Wrightsville Beach. Makayla Lilly John, Durham. Chris McCain, Burlington. Quadarius Ahan, Lumberton. Deyante Mackeney, Fayetteville. Keyla Mark, Winston-Salem. Hailey Phillips, Enduro. Brandon Wallace, Nashville. Elizabeth White, Deep Gap. Will Willington, Raleigh, and Hailey Williams, Harrisburg. Pages, we are so glad you're here with us. We look forward to working with you this week, and thanks for serving the Senate. Do we have any notices or announcements? Senator Tarte, for what purpose do you rise? Moment of personal privilege. Senator Tarte you have the floor for a moment of personal privilege. Just want to recognize my seat mate who is almost old enough now to not the question whether he can vote, but I want to welcome and wish a happy birthday to Chad Barefoot. Any other notices or announcements? Any further business to come before the Senate? If not, the Chair recognizes Senator Berger for a motion. Thank you, Mr. President. I move that the Senate do now adjourn subject to the stipulations set forth in Senate Rule 24 . 1 receipt of House messages and Ratification of Bills, to reconvene on Tuesday, May 12th, 2015 at 2 P. M the motion is the Senate do now adjourn subject to the stipulations stated by Senator Berger, to reconvene Tuesday, May 12th at 2 P. M seconded by Senator Barefoot. All in favor say Aye Aye. Opposed No. The Ayes have it, and the Senate stands adjourned.