A searchable audio archive from the 2013-2016 legislative sessions of the North Carolina General Assembly.

searching for


Reliance on Information Posted The information presented on or through the website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. Please see our Terms of Use for more information.

Senate | May 20, 2015 | Chamber | Senate Session

Full MP3 Audio File

Senate come to order Sargent at arms close the door members to go to their sits members and guests in the gallery will you please silence all electronic devices, leading the senate in prayer is the Reverend Peter Moner of St. Chaplain all members and guests in the gallery will you please stand Let's pray together, "Almighty God add love does not envy love does not boast it rights wrongs and it casts out fear fill us with that kind of love help us to be servants that love but don't cling to our personalities we are not driven by being people that are the centre of attention or driven by how we conserve others humbly we can't do anything without you Lord so help us to be confident not in our ways but in yours. And make our prayers in the name of Jesus to lay down his for us amen. Senetor Bagar recognized for a motion. Thank you Mr. President the journal of Tuesday May 19 2015 has been examined and its found to be correct I move that we dispense with the reading of the journal and that stands as approved as written. That objections the journal for May 19th stands approved as written senators we have leaves of absence granted today for senator Ruben we also have a nurse today with us. Nurse Cindy Hadon of Apex North Carolina is here, nurse Haton, thank you for joing us is in the Senate today. Senators affirm the motion of Senator Wayde and Senator Bingham, the chair is happy to extend courtesies of the gallery to High Point Friends School, fourth grade class, would you please stand t be recognised, thanks for joining us today in the Senate. Upon the motion of Senator Davis of Haywood county, the chair is happy to extend courtesies of the gallery to Trevor and Travis Stewart our celebrated in banjo duo from Haywood County, they play on the blue ridge music trails and two internationally chairing North Carolina's traditional music and with them we have Wayne Martin, the Executive Director of the North Carolina Art Council, if you're here please stand to be recognised, thanks you for joining us today. Upon the motion of Senator Backninton and Senator agent Brown of Wilson county the Chair is happy to extend the courtesy of the gallery to the Wilson chamber of commerce make leadership class, if you're with us today please stand to be recognised. Verification of the bill the clerk will read. In this bill the resolution will be file property and loan prepared for presentation it offers secretary of state senate joint resolution 714 a joint resolution honouring the Duke Blue Devils on winning the 2015 National Basketball Championship Do you have any reports of standing committees today? Any report of the Senator Wade, propose you rise. Send forth the committee report. You can send forth your reports [Blank] Senator Wyden for the Agriculure and Natural Resources Committee, submit for passage. Senate bill 486 unfavorable as to Bill and favorable as Committee Substitute Bill, Senate Bill 573. Unfavorable as to Bill Committee Substitute Bill. [xx] industry tittle an act to enhance economic development trough the expansion of state trail network. house bill 574 unfavourable as

to bill but favourable as to committee substitute bill for some exclusion from a lot life lost, house bill 795, made committee substitute number one, unfavourable ask committee bill number one but favoral[sp?] has to submit senate committee substitute bill, SPA reform. Senate bill 486, appropriation's base budget, senate bill 573 calmers[sp?] house bills 574 and 795 calendar. Any other reports of standing committees? Senators, upon the motion of Senator Tom against of Richmond County the chair is happy to extend courtesies of the gallery to members of the Fourth Street Association of North Carolina, if we have any friends from Fourth Street Association please stand up and be recognized. so senators that takes us into our calendar for the day, we're going to start off with local bills. We have three local bills on the calendar without objection we will block those local bills does anyone want to pull any of those out of the list to block the, okay we will block those three bill, house bill 143, 189, 313 clerk will read. House bill 143 [xx] service board house bill 189 Rockingham County school board, house bill 313 promotion and grievance city of Statesville any discussion or debate hearing none the question before the senate is the passage of House bills 143, 189, 313 on their second reading all in favor will say Aye, opposed No the Ayes have it House bill 143, 189, 313 passes there second reading without objection be read third time North Carolina General Assembly enacts. Any discussion or debate? Hearing none, the question before the senate is passage of house bills 143, 189, 313 on the third reading. All in favor will say Aye. Aye. Opposed no. The ayes have it. House Bill 143, House Bill 189, House Bill 313 pass their third reading, house bill 143 will be enrolled, house bill 189 will be sent to the house for concurrence set a committee substitute and house bill 313 will be enrolled. Moving on to public bill second reading, house bill 113 clerk will read. House bill 113, protect our students act. Senator Tillman is recognized to speak to the bill. Thank you Mr. President this bill simply increases the criminal penalty for certain sexual acts committed in the schools by personnel of the schools and I do have an amendment. Senator you can send forward your amendment clerk will read. I think you have it on your floor board up there somewhere. Thank you senator. Mr. Chairman I move to amend the bill. Mr. Senator the gentleman is recognized to speak to the amendment. The bill is not clear and sometimes our definitions are not clear of what constitutes say a public school and our schools in general and this is makes it clear that it would apply to all schools. Public charter, [xx] public and private schools. And private schools sometimes are left out just make sure they are included that's all it does. Do we have any discussion or debate on the amendment? Hearing none, the question for the senators the adoption of amendment vote Aye, those who oppose, no. Five seconds to be left for the voting, the clerk will record the vote. Daniel, Aye. Gunn, Aye. Hertzel? 48 having voted in the affirmative and 0 in the negative, Amendment 1 is adopted the bill as amended as back before the body and senator Tillman is recognized. Senator Tillman do you have any further questions on the bill? Any discussion or debate? Hearing none the question for the senate is the passage of the committee substitute house bill 113 as amended on it's second reading all in favour will vote aye, oppose will vote no, five seconds to be allowed for the voting and the clerk will record the vote. Hires aye, Gun aye, Raw aye, Davis aye, Vandine

aye, Blue aye, Jackson aye, Hardso. 48 having voted in the affirmative and zero in the committee substitute house bill 113 as amended passes its second reading without objection be read a third time. North Carolina general assembly enact. Any discussion or debate? Hearing none the question before the senate is the passage of the committee substitute house bill 113 as amended on its third reading all in favour say aye "aye" those opposed no, the ayes have it.committee substitute house bill 113 as amended passes it's third reading the amendment will be, it will be sent to the house or concurrence in the senate amendment. [Blank] House bill 147, clerk will read. House bill 147 update fire and rescue permission membership. Senator Gardner is recognized. Mr. President. Senator Gardner. Could you put that to the back of the calendar? Alright. Senator Gardner, Will displace it till the end, for the day House bill 224 clerk will read. House bill 224 AOC omnibus changes. Senator Randall is recognized to speak to the bill. Thank you Mr. President, ladies and gentlemen house bill 224 is the companion bill to senate bill 270 which I filed. It is an agency bill from the administrative office of the courts and what it does, it does away with duplicate reporting, reports publications and outdated reports. It also cleans up some statutes this bill has stood the scrutiny of the house judiciary, of the senate judiciary and the clerks of courts across the state of North Carolina. I know of no opposition and I appreciate Do we have any discussion or debate? Hearing none, the question before the senate is the passage of committee subsitute house bill 224 on the second reading all on favour vote Aye opposed will vote No five seconds reall live for the voting clerk will record the vote 49 having voted in the affirmative and zero in the negative committee substitute to house bill 224 passes second reading without objection be read the third time. North Carolina General Assembly enacts. Any discussion or debate? Hearing none, the question before the Senate is the passage of Committee Substitute to House Bill 224 third reading all in favor will say Aye opposed no the Ayes have it committee substitute to house bill 224 passes its third reading it would be enrolled and sent to the governor House bill 294 clerk will read. House bill 294 prohibit cell phone to link with juvenile senetor Lee is recognize to speak to the bill thank you Mr president colleagues this's to make providing a cell phone to a juvenile in the custody of DPS a classage felony to kind of mirror the adult provision and I also have an amendment to I'd like to put forward as well you can sent forward your amendment. The amendment is just to clarify, Hold on one second there senator that look too silent, clerk will read senator Lee moves to amend the bill senator Lee is recognized to speak to the amendment this's to further clarify what it actually means to be in the custody of the Division of Human Justice and the Department of Public Safety there was some concern in committee as what to that actually meant halfway house and things like that so it's to further clarify that and I put forward the amendment Do we have any discussion on the amendment? Any discussion or debate on the amendment? Hearing none the question before

the Senate is the adoption of amendment one. All in favor vote aye, oppose vote no, five seconds to be allowed for the voting and the clerk will record the vote. Gentlemen, 49 having voted in the affirmative and zero in the negative, amendment one is adapted. The bill as amended is back before the body, Senator Lee you recognized.   I just wanted to outline as have been asked, what prompted this, the issue really was related to staff that was providing cellphones juvitols and then contacting them and the prosecutors didn't feel comfortable prosecuting so what we've done is put them a statute so they can go after that stuff and just firing so they can go after them with criminal prosecution, so I put forth the Bill. Thank you Senator. Do we have any discussion or debate? hearing none, the question before the Senate is the passage of Committee Substitute House Bill 294 as amended on its second reading. All in favour will vote, aye, opporse 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 zero in the negative, the committee substitute house bill 294 as amended, passes its second reading without objection to be read a third time. North Carolina general assembly enact. Do we have discussion or debate? Hearing none the question for the senate is the passage of the committee substitute to house bill 294 as amended on it's third reading all in favour will say aye "aye" oppose no the ayes have it committee substitute house bill 294 as amended passes it's third reading and it will be sent to the house for the concurrence in the senate amendment. Senator Lee if you could come forward please and just sign the amendment that would be correct thank you. House bill 295 clerk will read. House bill 295 juvenile media release. Senator Lee is recognized once again to speak to the bill. Thank you Mr. President essentially every time a juvenile escapes a facility they require to publish to the public despite what the threat level is their first name their picture and their last initial is and what this does is for those who did not provide some kind of threat to the public safety they can deem not to publish that so that they don't have to win every single instant and that's encrusted to the bill. Do we have any discussion or debate hearing none the question before the senate is the passage of the committee substitute House bill 295 on second reading all in favour vote Aye opposed will vote No five seconds fill live for the voting and clerk will record the vote. Raven Ernet Aye 49 having voted in the affirmative and zero in the negative committee substitute to House bill 295 passes its second reading without objection be read the third time.  North Carolina General Assembly act. Any discussion or debate hearing none question before the senate is the passage of committee substitute to house bill 295 on its third reading. All in favor will say Aye. Aye. Opposed No. The Ayes have it, Committee Substitute to House Bill 295 passes its third reading. It will be being enrolled in central governor House bill 513 clerk will read. House bill 513 real proper technical correction, senator Bang is recognize speak to the bill the bill. Thank you Mr. President members of the senate am continuing ti live by the three D's be brief baringer and an going to attempt to explain this without getting E's although I do have to use a little at the beginning the first part of these are technical corrections recommended by real estate section of North Caroline bar association the first section makes it clear that we're still complying with article three of the uniform commercial code when and mortgages cancelled. The second part I'll give you the hypothetical, if you have a condominium unit and it is foreclosed upon and then someone purchase that [xx] unit when they purchase through that for closure or any of the other types of false transactions like that the buyer will not just get the Condo but also the right the special the clearance right it means there is a pool they get their say of the holly fair wells and all of that and this make our law consistent with what is already in existent in the playing community act encourage and ask for your support Do we have and discussion or debate? Mr. President. Senator Micisich what purpose your rise? Ask senator Ballenger a question. Senator Ballenger do you yield for question? Yes I will yield. Let me ask you this senator Barbecue under hypothetical US poles there were outstanding assessment which

will led to that pick of closure to what extend would it affect he liability of a new owner based upon the lawis today, but has it changed that law in any respect relating to those outstanding assessments? It does not change the law at this point. What it's really doing is to making sure that gets the clear rights to pass with the title of the property follow up. It has to be mentioned. Senator Balleger do you yield for the question? I do and therefore if the amenity[sp?] package that was used or shared by the fire owner will become available to the new owner and they would not necessarily have to pay any pass through outstanding assessment. The current law as it is now if that's the current law that not change at all is just to make sure that they do get those rights. Thank you. Do we have any discussion or debate hearing none, question before the senate is the passage of the senate committee substitute house bill 513 on its second reading, all in favor will vote aye, opposer vote no, five seconds to be allowed for the voting and the clerk will record the vote Robodoc aye 49 having voted in the affirmative and 0 in the negative, senate committee substitute house bill 513 passes its second reading, without objection to be read a third time. North Carolina agree with the chairman act. Do we have any discussion or debate? hearing none question before the senate is the passage of the senate committee substitute house bill 513 on its third reading, all in favor say aye, Aye. Opposed no. The ayes have it. Senate committee substitute house bill 513 passes its third reading, it will be sent to the house for concurrence in the senate committee substitute. House bill 595 clerk will read. House bill 595 our military expanse aerial [xx] requirements. Senator Daniels is recognized to speak to the bill. Thank you Mr. President, members of the senate. All of us in this room value our state's reputation as the most military friendly state in the union, and over the past couple of sessions, we have tried to maintain that reputation by making it easier for military personnel once they transition to civilian life to be able to use their occupational skills to transition into civilian jobs. This this bill advances that same goal in the field of law enforcement and so it allows military members who were military police while they were serving in the service to use that training to more easily transition into civilian law enforcement without having to go through the full blown VLET program it essentially divides those military members in the two cathegories and they will have to be determined whether their training was substantialy equivalent to North Carolina law enforcement training not and then the bill has a tiered system for how many hours of training they will have to be required in order to be qualified to be a North Carolina law enforcement officer, so I ask for your support if you have any question I will be glad to try to answer them. Do we have any discussion or debate? Senator Vandine for what purpose do you rise? I would like to debate the bill  You have the floor to debate the bill senator. First of all I would like to thank the author of this bill I think its very important and well deserve that session for servicemen and women and I support most of what is in the bill I do have a problem though on with that doesn't need the qualification and one of the things we did is we created a commission and we trust with the job of identifying gaps between the training that some of these MPs have and the training that you get, as a police officer or reinforcement officer in North Carolina and that commission recomended and apart from 330 always additional graph training this were taps training week and you require for certification at a 180 hour. I've made several phone calls. And am just having trouble, setting a ceiling that could potentially, put this officers at risk. Understandind for [xx] that they bring other scales to the job and that may exceed our standards, but they may be missing things, and I think we need to respect the commission that we created with this legislation and follow their recommendations about their training. Senator Daniel, propose your rights. To make the Bill. Senator Daniel, has the floor to debate. I just wanted to point out to the members that, it's

true the bill divides, military service members in a two categories. If you are deemed to have substantially equivalent training, for law enforcement purposes, then you still have to have a 120 additional hours of training. Now keep in mind that BLET is somewhere between 600 and 700 so we'll say 650, I don't know the exact number. If under this bill, your training in the military is not considered substantially equivalent then you have to do not only the 120 that the substantially equivalent members have to do you have to do an additional 180 so you have got 300 hours of training which is essentially about half of what a BLET is for someone who has gone through basic training they have gone through military police school they served in the military they probably been deployed, so I guess I'll pose the question to the members, who would you rather have protecting your community? A military service member who has gone through those things and now had 120 or 300 hours of additional training or the kid from high school that decided he wanted to be alone for some days 19 and he went to BLET, he got 600 hours of training and now 19 he's 19.5 for 20, and he's on the streets, so just to put it into context I think that this bill is adequate thank you. Do we have any further discussion or debate? Hearing none, the question before the Senate is the passage of Senate Committee Substitute to House Bill 595 on its second reading. All in favor will vote Aye, opposed will vote No, five seconds to be allowed to the voting, the Clerk will record the vote. Aye[sp?] is Aye 47 having voted in the affirmative and two in the negative, Senate Committee Substitute to House Bill 595 passes its second reading, without objection, will be read a third time Mr. President Senator Clarke what pops your eyes? Senator Clarke objects the third reading it will remain on the calendar house bill 892 clerk will read. House bill 892 2015 speak room appointments. Senator Apodaca is recognized to speak to the bill. Thank you, Mr. President. Members, this is our annual tradition of appointments coming to read this it originate from the house it just have appointed from house of senate without being said Mr. President I do need to send forth an amendment can send forward your amendment senator, clerk will read. Senator Robodoc moves to amend the bill. Senator Robodoc is recognized to speak to the amendment. Thank you Mr. President, members all this is on page one, line one it moves to amend the bill page one excuse me line 27, by deleting the word Rockingham and substituting Guilford, that's all this does I ask for your support. Do we have any debate on the amendment? Hearing none the question before the senate is the adoption of amendment one, all in favor will vote aye, opposers vote no, five seconds to be allowed for the voting clerk will record the vote. Raven, Senator Raven aye. 49 having voted in the affirmative and 0 in the negative amendment one is adopted the bill as amended is back before the body. Do we have any discussion or debate? hearing none, question before the senate is the passage of the senate committee substitute house bill 892 as amended on its second reading, all in favor vote aye, opposers vote no, five seconds to be allowed for the voting clerk will record the vote. Raw aye Stine aye Brian aye Jackson aye. 49 having voted in the affirmative and zero in then negative senate committee substitute house bill 892 as amended passes it's second reading without objection be read a third time. North Carolina general enact. Any discussion or debate? Hearing none the question for the senate is the passage of senate committee substitute house 892 a amended on its third reading all in favour say aye oppose no the ayes have senate committee substitute house bill 892 as amended passes its third reading the amendment will be engross to be sent to the house for concurrence in the senate committee substitute. Mr. President. Senator Radadoac for purpose of your rise? A motion please if I may. Senator Rapadoca has the floor for a motion. Thank you Mr. President. Look background quickly on this motion yesterday I think we saw the announcement of the conversation of the ash for Duke energy plant from coal to natural gas which is a wonderful thing for the mountains we need to do a little legislation to make that happen so I need here by move we suspend the rules so that we may file legislation outside the [xx] period to deal

with the transfer of the pant that's the motion. Objection So ordered. Thank you Mr. President I further move Moves send bill to the end that the bill be introduced today and re-referred to committee on commerce. Without objection So ordered. Senator Gunn are you ready for your Bill to be read? House Bill 147, the clerk will read House Bill 147, Updates Fine Rescue Mission Membership Senator Gunn is recognized to speak to the Bill. Thank you Mr. President, this Bill updates the membership of for the Fire and Rescue Commission to reflect the merger of two organizations and to add the representation from the state chapter of the International Association of Arson Investigators, it is supported by the North Carolina Association of Fire chiefs, North Carolina Department of Insurance and North Carolina State Fireman's Association please would appreciate your support. Do we have discussion or debate? Hearing none, the question before the Senate is the passage of House Bill 147 on its second reading. All in favor will vote aye, opposed will vote no. Five seconds to be allowed for the voting, the Clerk will record the vote Rucho, aye. 49 having voted in the affirmative and 0 in the negative, House Bill 147 passes its second reading with objection and will be read a third time. North Carolina General Assembly enacts. Do we have any discussion or debate? Hearing none, the question before the Senate is the passage of House Bill 147 on its third reading. All in favor say aye. Aye. Opposed No. The ayes have it, House Bill 147 passes its third reading, it will enrolled and sent to the governor. We have one public bill on third reading House Bill 597, the Clerk will read. house bill 597 mediation to several agreement. Senator Dan is recognized to speak on the bill. Thank you Mr. President members of the senate this is the bill that only Arasko Geek could love but essentially to courtify that basic principle that we have and what cause the statue to flow then an agreement can be used to get to you unless person has signed it, this applies the same principle to meet the central agreement that are done in the court of relegation and just to make that consistent across our statue and with that Mr. President I do have one amendment to same forward you can send forward your. That should be in the dashboard. The clerk will read. Senator Dan is moved to amend the bill senator Daniels is recognized to speak on the amendment. Thank you Mr. President, this is basically just a technical amendment that was one part of the bill with language that is not consistent concerning the amendment has the support of the bill sponsor Representative Visip and just makes the bill consistent through our sections as for your support. Discussion of the debate on the amendment Hearing none, the question before the senate is the adoption of amendment one all in favor vote aye, opposers vote no, five seconds to be allowed for the voting and the clerk will recoed the vote Bager Aye 49 having voted in the affirmative and zero in the negative amendment one is adopted the bill as amended is back before the body, senator Daniels is recognized. Thank you Mr. President I have no further comment on this bill will be glad to answer any question. Do we have any discussion or debate on the bill senator Apodaca what purpose do you rise? To speak on the bill. Senator Apodaca has the floor to speak on the bill. Thank you Mr. President senator Daniels I appreciate you bringing this forward being so patient over the last two or three weeks as we worked on this bill it's my understanding it may not to be completed and yet the work but in essence of time and moving forward and it's got to go back to the House for concurrent allow them to fix it there since it's their bill I suggest the members we all go ahead and move it over to that August body thank you. Do we have any further discussion or debate? Hearing none the question before the senate is the passage of committee substitute House bill 597 on its third reading as amended on it's third reading all in favour will vote Aye opposed No. Senator Makensy to what purpose do you rise? Could I ask Apodaca a question please, senator Apodaca do you yield question? I do. I know that Representative Bishop had indicated that there was one or two other minor changes that we had discussed making in this Bill and he was comfortable, actually packing it. Either putting in on a calender for a week from now or packing in rules for while, till those things could be worked out. I know the bar was voted for one of those changes If we under low circumstances we need to get centered out weed

it out sometimes I worry of what happens two things get back to the house. They don't always get fixed, they don't always come back the way we expect them to. That's the simple concern that I raise, because I know the few things that we, that both Representative Bishop and I concurred that needed to be tweaked. Senator mackesic, we've heard what is it? Three weeks to work to work on this Bill? I know it's been two at least, have moved it, now it's been more than one. But anyway, we moved it a couple of time way before I just think it's time to move it over. Let them, we have ample time to fix it. If they want to fix, it is representative Bishop's Bill. And if he wants to fix it, we can go to conference committee and I promise you I'll place you on that committee. Senator Do we have further discussion or debate? Hearing none, the question before the Senate is the passage of the Committee Substitute to House Bill 597 as amended on its third reading. All in favour will vote aye, oppose vote no, five seconds to be allowed for the voting, clerk will record the vote. $8 having voted in the affirmative and one in the negative committee substitute to House bill 597 as amended passes its third reading it will be sent in the house for concurrence in the Senate amendment. Mr. President for what purpose do you rise? To send forward a finance committee out of order. Senator you can send forward your committee report out of order. Clerk will read. Senate for the finance Committee for Senate Bill 141, Committee Substitute number one, Lands Bill anexation referendum, favorable. Senate Bill 256, [xx] also favourable. Senate Bills 141 and 256 calendar. Senators, upon the motion if the Chair, I'm happy to welcome the governor's pages to the gallery today. Those of you who are pages for the governor this week, please stand be recognized. Thank you for joining us in the Senate Gallery today. Senators, upon the motion of Senator Newton and Senator Brian of Wilson County, the Chair is happy to extend the courtesies of the gallery to the Wilson Chamber of Commerce Dynamic Leadership Class. Will you please stand and be recognized. Thanks for joining us today. Mr. President. Senator Daniels, for what purpose do you rise? Send forth committee report out of order. You can send forward your report out of order senator Senator Daniels, the Transportation Committee submits the passage. House Bill 232, committee substitute number one, study update bicycle safety laws, favorable. Senate Bill 448, equalize tax on propane used as motor fuel, also favorable. House Bill 232 calendar and Senate Bill 448, finance. Do we have any notices or announcements today? Senator Apodaca for what purpose do you rise? Personal privilege Mr. President. Senator Apodaca has the floor for a moment of personal privilege. Thank you Mr. President as many of us know we are loosing a lot of our end terms this time of the year as schools finish up and law schools churn out more lawyers, that's one of great things about this country. But we have one that has graduated law school and is leaving us his last day is today and that is Super Dave Goldberg, so David we wish you all the best. Do we have any other notices or announcements? Any further business? has come before the senate and the chair recognise senator Bugger for motion. Thank you Mr. President I move to the senate adjourn subject to stand of stipulations send fourth in senate rule 24.1 the receipt of house messages and committee reports and redafications of

bills to reconvene on Thursday May 21st 2015 at 12 O'clock. The motion of the senate do now adjourn subject to the stipulation stated by senator Burger to reconvene Thursday May 21st at 12 O'clock seconded by senator Rabanman all in favour say aye oppose no the ayes have it senate stands adjourned.