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Senate | May 13, 2015 | Chamber | Senate Session

Full MP3 Audio File

Senate will calm for order. Sergent-at-arms will close the doors, members will get their seats, members and guests in the gallery please silence all electronic devices. Leading the Senate in prayer is Reverend Peter Milner, Senate Chaplain. All member and guests in the gallery will please stand. Let's pray Almighty God, you're rich and mercy for your great love has loved us even when we're dead in our trespasses. Help us to embody the richness of your grace, not without cost but exceedingly. We'ask you Lord to inhabit this place teach us your wisdom, it's in Jesus name we pray Amen. Senator Berger is recognised for a motion. Thank you Mr. President, the journal of Tuesday. May 12, 2015 has been examined it 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 12th stands approved as written. Senators we do have a nurse today with us today, our nurse is Paul Paramen of North Carolina,  please stand to be recognized, thanks for serving the senate today. Senator has forwarded the motion of Senator Angela Obliant of national County and Senator Erica Smith-Ingram of Northamton County the chair is happy to extend courtesies to the gallery to the Williford[sp?] leadership fifth grade Do way have any body from that group with us? Following the motion of Senator Andrew Brock Iredell County, the chair is happy to extend courtesies to the gallery to the students of Statesville Christian School from Statesville, are they with us today? Please stand and be recognized thank you for joining us. Further motion of Senator Bill Raven Bonzwil county, the chair is happy to extend courtesy of the gallery to Bonzwil county republican women and men. If you guys would please stand to be recognized thanks for joining us today. Do we have any reports of standing committees? Reports of standing committees?   Senator Zetech, for what purpose do you rise? To send forth committee reports. Senator you can send forward the reports. The clerk will read. Senator Suechek for the education, higher education committee to submit the passing? house bill 18, committee substitute number one, planning year for [xx] favourable, house bill 237 committee substitute if you're number one, repeal [xx] transplant, favourable. House bill 878 committee substitute number one, science and maths, also favourable. House bills 18, 237, 878 calendar, every other reports to standing committees. senators that takes us into our calendar for the day. We'll be starting off our calendar with a couple local Bills, we'll without objection block those local  bills, so does anybody object to the block vote of those bills. Forget about those upon the board please. House Bill 204 and House Bill 243, clerk will read. House Bill 204 cargo based quick take and domain, House Bill 243, local run economic development commissions. Further discussion or debate. Hearing none the quest before the senate is the passage of House Bill 204 and House Bill 243 on it's second reading. All in favor say aye, aye, oppose no.

The ayes have it. House Bill 204 and House Bill 243 passes the second reading without objection and it'll be read a third time. North Carolina general assembly enact. In discussional debate, hearing none quest for the senate is passage for House Bill 204 and House Bill 243 on it's third reading all in favor say aye, oppose no. The ayes have it. House Bill 204 and House Bill 243 passes the third reading. House Bill 204 being ruled out 243 will be enrolled Thank you, thank you Moving on to public bill senator second reading, Health Bill 79 purple[sp?] read Health 79, contempt for five O's 50 [xx] stay for appeal. Senator Van Duyn is recognized to speak to the bill Thank you, section one of this bill deals with violations of no, excuse me, civil non contract orders. A non contract order is designed to protect an individual from sexual assault or stalking by someone who is not in a personal relationship with the victim. What this section does is clarify that knowingly violating a civil no contact order, is punishable by civil or criminal contempt. This section was requested by district judges family law advisory group. Section 2 clarifies the scope of stay on proceedings when a case is on appeal. it is about streamlining the process making it more efficient and will discourage parties from using the threat of an appeal as a way of avoiding court orders. This provision has been reviewed by several groups of appellate lawyers and judges and all are in support, I know of no opposition to either provision and I urge your support. Do we have any discussion or debate? Hearing none the question before the senate is the passage of committee committee substitute House Bill 79 on second reading all in favor will vote aye, oppose will vote no, five seconds be allowed for the voting and the clerk will record the vote.   Hartsell aye, Gore, aye Smith-Ingram aye, Gore aye. 50 having voted in the affirmative zero in the negative committee substitute House Bill 79 passes it's second reading without objection, be read a third time. North Carolina General act.  Any discussion or debate? Hearing none the question before the senate send as a passage to committee substitute to House Bill 79 on it's third reading. All in favor say aye. Aye. Oppose no. The aye's have it. The committee committee substitute House Bill 79 passes it's third reading will be enrolled and sent to the governor House Bill 82, the clerk will read. House bill 82 Execution None Secure Custody Order Child Abuse. Senator Barringer is recognized to speak to the bill. Thank you Mr. President. I'm going to attempt to explain this bill without using legalese and the best way to do that which is a real challenge for me is to talk about when this is going to be important, it's for emergency, really bad situations. What brought this bill to the forefront was a situation in Fartville where a little girl was being held by her parents, locked in a closet and starved, was not allowed food or water and when the police showed up under the law, before we enact this, police are supposed to just knock on the door and if they're not invited in they cannot go in and rescue a child in a really, really bad situation. Well, the situation was very bad and the the police went in anyway and when they got in the child was near death, and so what this bill does, it says in really bad situation with a court approving it with no other lesser way to retrieve a child in an emergency to rescue a child in the police, not on the [xx] but with the courts approval we will be able to go in and rescue a child in an emergency urge you support for this bill. We have any discussion or debate? Hearing none the question for the senate is as fast as committee substitute house bill 82 on it's second reading. All in favor will vote aye, oppose will vote no, five seconds will be allowed for the voting and clerk will record the vote 50 having voted in the affirmative and 0 in the negative, the Senate Committee substitute House Bill 82 passes its second reading, without objection be read the third time. North Carolina general assembly annex. Have any discussion or debate? hearing none the question for the senate is the passage of the senate committee substitute to House Bill 82 on its third reading, all in favor will say aye, oppose no, the ayes have it. Senate committee substitute House Bill 82 passes it's third reading,

it will be sent to the house for concurrence and the Senate Committee substitute. House Bill 158 clerk will read. House Bill 158 [xx] skin cancer provision act. Senator Tucker is recognized to speak to the Bill. Thank you Mr. President and members of the Senator has a mandated a pleasure to bring to you this Bill today to the floor for vote. Doctor Jim [xx] or former member of the house or representative and a doctor hearing [xx] for over 35 years, he served in the house, passed away recently and Doctor [xx] from a house that brought this bill to us in the last session. I was able to get the bill move this time and bring it forth. I just speak a little bit about it. What the Bill legalization it does not allow anyone 18 years of age or younger to go to a turning bowl. As a stating committee, I got involved in this but I also recognize the need for it. Some 10 or 12 years ago, my wife and daughter gave me a gift certificate to latest alarm to get a pedicure and so, well you gentlemen there laughing if you're securing your own master comunity but you can go get one, at any rate. Calm down Mr president if you need to. As I was saying and the chair having my pedicure across from me were three different tanning booths and every spring around prom time young girls would come in to the salon to be tanned so they would look good in their dresses for prom. They would all come out looking like a lobster, red as a bee, many of them didn't wear eye care just had were tanned, excuse me, burned  beyond believe and I was involved in my daughter's life and certainly she was one of the there has as well, and I had no idea that a turning bulb was 14 times more damaging than regular sunlight. so when I got to the senate and saw this bill adopted for sell and a few others, I began to work on that. I personally have had more surgery, I have been called on and burned on at least over 50 times from skin cancer primarily from having no skin protection as I grew up in Eastern North Carolina in a tobacco patch. We had never used that at all. Senator Pierce[sp?] has had melanoma. Senator Meredith lost his wife at 24 years old of Melanoma. Melanoma is becoming more and more proven among younger folks especially women between the ages of 25 and 30 having used 10mb on 10mb regularly, they have a 59% greater chance of getting skin cancer and even melanoma. So without the fullgrim's help and the others and our leadership and looking at the the empirical scientific data that shows the growing need to treat skin cancer which is an $ 8 billion industry, I bring this bill forward to you for your vote and your support. And be glad to answer any questions, thank you Mr. President. Do we have any discussion or debate? Senator Robinson for what purpose do you rise? To speak on the bill. Senator Robinson has the floor to speak to the bill. Thank you Mr. President and I want to commend Senator Tucker and others for the bill but I also want to indicate and say that my first term here I know Senator Percele and Senator Binghamso said the other day as well, or great advocates in terms of limiting the ability of these pen and bail it to impact the lives of our young people, our teens and it works favorably on that, is as many of you know during that time and also that, I had the opportunity to work some with Jim Folson when he came here and his passion for a preventive services, and how we do healthcare in North Carolina is very remarkable as you could see from his wife yesterday. So this this bill is very important but they also impact those people who support it, it's very important in terms of looking at how to prevent some of the problems that can occur that do cause money in the healthcare industry but also protecting our young people. thank you Senator do we have any other discussion or debate? Hearing none the question for the senator is a passage of house bill 158 on its second reading all in favour vote I, opposer's no, five seconds we'll have for the voting clerk will record the vote Hi, 48 having voted in the affirmative,

and two in the negative house bill. 158 passes the second reading without objection, beware the third time. North Carolina General act.  Any discussion or debate? Hearing none the question before the senate, is the passage of of house bill 158 on this third reading all in favor say aye. Aye. Oppose no, the ayes have it, house bill 158 passes its third reading. It will be enrolled and sent to the governor. And senators upon the motion of Senator Tucker of Union County, the Chair is happy to extend courtesies of the gallery to Emily Foldrom Robinson in the gallery, she is the daughter of the late Representative Dr. Jim Foldrom, if you will stand to be recognized. Thank you for us in the senate development. Senator Apodaca for what purpose do you rise? House Bill 195 clerk will read. House Bill 195 allow substitution of [xx] Senator Apodaca is recognized to speak to the Bill. Thank you Mr. President. Members, as we progress and medicine and if we've seen some very large strides made in the last 20 years and from my understanding we're going to see five times that amount of strides in the next 10 years, but one thing that has come upon the horizon at this point are the use of biosimilars and interchangeable and these are two forms of drugs that are the equivalent of what we had 15, 20 years ago when hit the market. These are the similar generics that are upon us now there are about their logical, these plant based, mini [xx] cell based and these are to allow for to prescribe biosimilars for patients and interchangeable is what we're dealing with today and that allows a firm to interchange this drug as a generic with the prescribed drug all the stake holders have been involved in this process, and changes have been made major at the time was who was going to notify the doctors and the pharmacist will notify the physician if an interchangeable is placed in for a drug and there has to be a doctor, they can, the man, the name prescription just as they do now with regular prescriptions. So this is just a next step, the FDA has approve one [xx] similar that at this point it has not approved an interchangeable, but going forward that will become and we're just trying to be proactive here, and this is very consumer friendly and the next step of bill we need to take. Many of these companies are located in North Carolina that are working on this. Matter of fact, I think the will buy a similar drug that was approved by the FDA was by a company based or that has a facility in North Carolina. So I will be happy to answer any questions and ask for your support. Any discussion or debate? Hearing none, question before the Senate is the passage of Committee Substitute to House Bill 195 on the second reading, all in favor vote aye. Opposed the vote, No. Five seconds will be allowed for the voting. The clerk will lock the machine and record the vote. 50 having voted in the affirmative and zero in the negative, the Committee Substitute to House Bill five passes the second reading without objection will be read a third time. North Carolina [xx] Any discussion or debate? Hearing none. Questions for the senate to pass the committee substitute to House Bill 195, on it's third reading, all in favour say aye, oppose no. The aye's have it. The committee substitute to House Bill 195 passes it's third reading, you'll be enrolled and sent to the Governor. House Bill 293 offering. House Bill 293, adopting a lot of changes. Senate [xx] recognizes to the Bill. Mr. President. This Bill comes to us from the Family Law section of the North Carolina Bar Association in summary what it does is that in my opinion it nails down the corners in this adoptions, for example when a young mother or older mother has a baby and is searching for a

birth family of the potential of the birth fathers as rights need to be protected and so there's a procedure already in place where the birth father would be contacted and then under current law, be given 15 days to respond. What this Bill does, one of the things it does it extends that to 30 days so that we don't have folks surprised, we don't have people trying to upset things after the fact. It also allows this consent procedure to start after three months instead of six months when the woman is at the three month mark of pregnancy, so this would also allow this process to speed along. There's also a provision where right now, there's a stand off among the states, if you have an interstate adoption, our losses we cannot proceed until the other state dismisses and so we have this stand off of who's going to move first or whatever and what this does is allow us to proceed here as long as the dismal happens in another stay, I'd be happy to answer any other questions but really what this does is, makes the adoption procedure better for everyone who's involved. [xx] discussion of the debate, hearing non, requesting for the senate to the passage of the senate committee substitute the House Bill 293 on the second reading All in favor of vote aye, oppose of vote no. Five seconds to be allowed for the voting, clerk will record the vote. Lowe, Senator Lowe. 49 having voted the affirmative in zero and the negative senate committee substitute House Bill 293 passes a second reading without objection, and will be read a third time. North Carolina deal [xx] are next. Any discussion or the debate? Hearing none the request for the senator pass, the senate committee substitute the house bill 293 on its third reading. All in favor will say aye, aye! Opposed no. The ayes have it. Senate Substitute of the House Bill 293 passes its third reading. It will be sent to the house for concurrence in the Senate committee substitute. House Bill 437 corporal read. House Bill 437 permit exemptions on all mental products. Senator Heinz is recognized to speak to the Bill  Thank you Mr. President members of the Senate. The bill before you now is to deal with individuals particularly those that have in stage renal disease or kidney failure inquiry trying disease and as long our dialysis centers and others are under CON laws in this state, it can be a very long distance that they have to travel in order to have dialysis done a few of those individuals can meet qualifications to be able to do dialysis at home and to do self administered , administered with a member of their family but it's a very complicated process that our current law requires it to be distributed through a pharmacy which means another trip they have to make for each one going through, what this Bill does is change the process so that still require prescription still will require the same standards to be able to do it or we can just cut out the stamps and allow a direct shipment from the manufacturer to the home for individuals who are able to use these products I appreciate your support and  willing to answer any questions you may have, do we have any discussion or debate? Hearing none before the senate is the passage of the Committee Substitute House Bill 437 on its second reading all in favor vote aye opposed the vote no, five seconds will be allowed for the voting clerk will record the vote against say aye. 50 having voted in the affirmative and zero in the negative the committee substitute house bill 437 passes its second reading objection be read the third time North Carolina General Assembly act.  Any discussion or debate hearing none, the question form the senate is passage of committee substitute house bill 437 on its third reading all in favor say aye Aye, Opposed no, the ayes have it may substitute house bill 437 that's the third reading, it will be enrolled in the sense of the governor. Senators upon the motion of Senator [xx] Scotland county's the chair is happy to extend courtesy of the gallery to leadership Scotland, the group form Scotland County and the new Executive Director of Scotland County, CFC Janet Smith if you are with us please stand and be recognized. If you see them around tell them we said hallo Senator [xx] for what purpose do you rise house bill 293 that is a yes Changing your vote from yes, Senators I think its showed as a yes.

 I wasn't Okay. On the vote Senator I was in the room and I wasn't recognized but that is fine Sorry Senator. Moving on in the count of house bill 879 clerk will read House bill 879 [xx] before Senator Daniels is recognized to speak to the bill. Thank you Mr. President members of the senate this is an obvious[sp?] Juvenal code reform bill that comes to us from juvenile advocates with the consent of law enforcement and court officials. I'm not aware of any real opposition to the bill some of it is merely technical in nature dealing with the criminal procedures that occur in juvenile court. I'll just highlight the the biggest policy pieces in terms of juvenile protection in section 1.1 in page 1 in light of some of the US supreme court decisions that recognize that younger people should have stronger Miranda rights than adults we're raising the from less that 14 to less that 16 in which in custody interrogations cannot be done unless the parent is present for a child under 16 skipping over to page 4 at the bottom. Criteria for secure and non secure custody merely says that if a juvenile is in pre-trial confinement, their confinement has to be reviewed every 10 days by the court flipping to the last page, page 6. If a court has the authority to authorize quick deeps in juvenile court cases where traditionally what has been done is the court authorizes the court councilor to put the child in confinement for weekends if they feel that the juvenile has misbehaved. This clarifies that the court would have to approve that on a case by case basis in other words they can't delegate authority to the court Councillor and with that Mr. President, I'd like to send forth an ammendment. And it should be on the dash board thank you. The Clerk will read. Senator Daniel moves to amend the bill. Senator Daniel is recognised to speak to the amendment. Thank you, Mr President members of the senate this amendment merely removes section 2.6 which is on page four of your bill and that provision would have made adjustments to the expansion provisions of the Juvenal code or for Juvenal offences I think the reason we're removing it is that, there are some, it's Senator Hackson[sp?] is working on this expansion Bill with the compass of the As and I think this is part of the conversation that we'd like to have in terms of a more comprehensive approach rather than a peace milling this provision under juvenile bill so appreciate your support for the amendment and for the Bill. Do we have any discussion or debate on amendment one, hearing none the question before the senate is the adoption of amendment one all in favor vote aye all oppose vote no five seconds we allow for the voting clerk will record the vote. [xx] 50 having voted in the affirmative and zero in the negative the amendment one is adopted, the Bill as amended is back before the body. Is there any further discussion or debate? Hearing none, the quest before this Senate passes the committee substitute House Bill 879 as amended on its second reading. All favorable will vote Aye, opposers vote No five seconds will be allowed for the voting, Clerk will record the vote. Rucho, aye. Apodaca, Berger, aye. Bingham, aye. 50 having voted in the affirmative and zero in the negative, Committee Substitute House Bill 879 as amended, passes its second reading, without objection will be read a third time. North Carolina General Assembly enacts Any discussion or debate, hearing none the question before the Senate is the passage of the committee substitute to House Bill 879 as amended on its third reading. All in favor will say, aye. Aye. Opposed no? The ayes have it, committee substitute of House Bill 879 as amended passes its third reading, the amendment will be attached, it will be sent to the House for concurrence and the Senate amedment. Madam clerk let the record reflect that Senator Lowe was in the chamber for the vote on House Bill 293 and his vote was aye. Senators upon the motion of

Senator Waddell of Mecklenburg County the Chair is happy to extend courtesies of the gallery to the Mecklenburg County League of Women Voters, if you're still in the gallery with us please stand and be recognized. There they are. Senator Davis for what purpose do you rise? Sent forth a committee report out of order. You can send forth your report out of order. Thank you Mr. President. Clerk will read Senator Davis for the State Local Government Committee submits for passage Senate Bill 141 unfavorable as to bill but favorable as to committee substitute bill and annexation referendum, House Bill 110 committee substitute number one, unfavorable as to committee substitute bill number one but favorable as to substitute bill titled [xx] Clay, laws of education elect.  Senate bill 141 finance, senate 141 finance. House bill 110 calender, we have any other Committee Reports out of order, for today? if not our calender is wrapped up, so do we have any notices or announcements? Senator Brown for what purpose do you rise? An Announcement please. Senator Brown has for announcement. Republicans [xx] briefly after session. Senator Gan for what purpose do you rise? Announcement. Senator Gan you have the floor.   [xx] will meet meet tomorrow at 11 A. M. Do we have any other notices or announcements? Senator Robinson for what purpose do you rise? For a moment of Personal Privilege. Senator Robinson you have the floor for a moment of personal privilege. Thank you Mr. President. Ladies and Gentlemen I just take this time to acknowledge the success of one of our students in Guilford County, you may remember meeting him, Kailan Mcain was one of the young men a few weeks ago who was one of my pagers, and I had two at that time, one was a foster child as well Thekailan came back today, he was with American friends so I hope you saw him. Thekailan is graduating from the Early College of Guildford on May 20th and Kailan has received the Gates Millennium Scholarship. Even though we try to keep him in North Carolina he's going to Amherst college, so if you know anything about the Gates Millennium Scholarship you know that that is quite an accomplished man. So, he could not stay to receive this acknowledgement but I certainly want you to join me in acknowledging his success. you all could give me a hand. gratification of bills clerk will read the million clerk report [xx] the presentation to the governor. House Bill 71 enact to clarify [xx] of office taken by members of each board of County Commission should be filed. Do we have any other notices or announcements? Any further business to come before the senate? Senator [xx] for what purpose do you rise? Mr President a moment of personal privilege. Senator [xx] has the floor for a moment of personal privilege. Mr. President I want to explain a vote that I made earlier on the tanning bed issue and we received some funny looks, my Weigman[sp?] and myself but we do believe it is the parents privilege and right to decide what their children did in this instance, if the parents deems it okay for their child to go to a counting[sp?] bed I wouldn't agree with that choice myself and wouldn't have signed it, I think the parent should have that right, so that was the only reason and I don't respect the folding family, I didn't want to talk while they were here and do it on the floor, so thank you. Thank you Senator. We have any other notices or announcements? Any further business come before the senate, if not the chair recognize the Senator Burger for a motion. Thank you Mr. President, make sure I got the right one. I move that the senate now be adjourned subject to the standard stipulations set forth in senate rule 24.1, the receipt of house messages and committee reports and the ratification of Bills be convened on Thursday May 14th, 2015 at 12 P. M. The

motions at the senate are now adjourned, subject to the stipulation stated by Senator Berger to reconvene Thursday May 14th at 12PM seconded by Senator Tillman, all in favor say Aye, oppose No, the Ayes have it and the senate stands adjourned.