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Senate | May 26, 2015 | Chamber | Senate Session

Full MP3 Audio File

It will come to order, sergeant at arms to close the doors, members to go to their seats members and guest 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. Lord we come to you and need a one thing hope, we're saturated with our own selves and we have become cynical and sometimes angry and so we need supernatural help, break through our barriers, break through our hard hearts and our plans. Love bears all things, believes all things, hope all things and do all things. And we trust you to do that work of getting us grace to believe in you and your support for us and your support of us in this messy and often haphazard place. We pray in Christ's name, Amen. Senator Berger is recognized for a motion. Thank you, Mr. President. The Journal for Friday May 22nd 2015 has been examined and found to be correct with move to reading of the journal and we stand approve this reading. Without objection May 22nd the proof is reading senator I believe and that and I will grant that to senator Reuben Senators upon the motion of Senator Woodard of Durham county the chair is happy to extend courtesy's to the galley to Miss Eren Ruth StepUp Ministry is, she attended seminary with Peter Milner. Miss Ruth if you're with us today, please stand. Thank you for joining us in the senate Senators, we also have to leave due to the absence granted today for a senator of law Ratification of the Bills the clerk will read    [xx] dully ratify for presentation to the Governor, House Bill 82, an act clarifying the manner in which the law enforcement officer may take custody of a Juvenal when executing a non secure custody order under the law pertaining to abuse, neglect and dependency. House Bill 230 an act to direct the department of transportation to study the bicycle safety laws in this state, and make recommendations as to how the laws may be revived as to better ensure the safety by cyclist and motorist on the roadways. House Bill 237, act to repeal personal education plans and modified transitions plans. House Bill 293 had estimated various changes under the laws pertaining to adoption and House Bill 595, an act to recognize to the experience as a military police officer for purposes of law enforcement certification and to increase size in North Carolina Criminal Justice Education and Training Standard Commission House bill 879 an act to make various changes to the juvenile court in regard to due process protection re-entry et juveniles entered the delinquency system the confinement of juveniles, and the following bill duly ratified properly enrolled and prepared in presentation to secretary of state House bill 110 an act to provide to the partisan election of the members of the chair Rutherford, Clay and Davy County Boards of Education and the Iredell Statesville Schools Board of Education senators we do have a nurse today with us today Robin Gibson of Monroe is here with us nurse Gibson if you'd stand to be recognised thank you for serving the senate today that takes us right into the calendar of the day we have several locals bills on the calendar third reading Senate Bill 141 clerk will read. Senate Bill 141 Wayne annex station referendum. Do we've any discussion or debate? Hearing none the question before the senate is the passage of the committee substitute senate bill 141 on it's third reading. All in favor will vote aye, opposed will vote no, five seconds will be allowed for the voting, clerk will record the vote. McKissick aye. Blue aye, Wade aye, Clerk aye, Hartsell aye, 47 having voted in the affirmative and one in

the negative.committee substitute to senate 141 passes it's third reading and it will be sent to the house. Senate Bill 218 clerk will read. Senate bill 218, Frank and Hosteen satellite annex station. We're having a discussion or debate? Hearing none the question before the senate is the passage of the community substitute senate bill 218 on it's third reading. All in favor will vote aye, oppose will vote no, five seconds will be allowed after the voting and the clerk will record the vote McKissick, Aye. 48 having voted in the Affirmative and 0 in the Negative, Committee Substitute to Senate Bill 218 passes its third reading, it will be sent to the House. Senators, Senator Lowe is in the Chamber. Senate Bill 256, the Clerk will read. Senate Bill 256, Durham Voluntary Annexations/Adjacent Streets. Do we have any discussion or debate? Hearing none, the question before the Senate is the passage of Senate Bill 256 on its third 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. McKissick, Aye. Bryant, Aye. Rabin, Aye. 49 having voted in the Affirmative and 0 in the Negative, Senate Bill 256 passes its third reading and it will be sent to the house. Moving on to Public Bills, Second Reading, House Bill 315 the clerk will read. House bill 315, sheriff [xx]. Senator Landrieu is recognized to speak to the bill. Thank you Mr. President and to [xx] confusing, I'm going to break the bill up into three parts. Section one of the bill deals with summary judgements and it says that it provides that, a dispossession must be returned and executed only when the landlord statement says that the landlord does not want to eject the tenant, the cost the landlord has paid off any court cost and had satisfied the so that deals with the general liutenant. Section two of the bill says that the sheriff is to serve an executioner with a possession for property which he is required to sell, then he can collect fee based on commissions not based on other expences and Section three of the bill deals with claims and delivery, so it says that when the sheriff is to solve a claim and delivery and he is to take possession of property, then he can collect upfront a fee for storage and the necessary expences associated with that possession. I'm available for questions because I feel like that there may be some. Thank you Mr. President. Thank you senator. Do we have any discussion or debate? Senator Dell, for what purpose do you rise? Because I have a question about the bill Senator [xx] do you yield for a question? Yes sir My question concern I am looking at the two document that aye, reference here one is the North Carolina repossession for real property and the other document is a the document a summary ejection. I think I may need some clarity here because it seems to the [xx] and the regularity and the instruction to the plaintiff when it comes to the summit rejection, the reference here the reference here that the in line 12 that the thin of appeals wishes to remain on the premises it says that ten days and 13 in summary junction hall so says about seven days so who determines values when it says it's $500, if it's less than $500 and want to know here in the bill it says the Sheriff would do the same the ayes have it this is to say that the land law so help me understand I can do that but that is today with this particular bill, Okay I will be gland to meet with you outside the chamber and so that we see this only deals with when the sheriff goes out there to solve the rate. If the landlord and the tenant have reached an additional agreement then the sheriff is to return that rate[sp?] on executed. Meaning that he is not moving the tenants[sp?]. That is what this bill does in relation landlord and tenant. Okay I was looking up the part where it referenced the property so perhaps we could talk further about that. Senator Widdell, would you like a follow up question? Oh, I'm sorry. Follow up about the potion of it that dealt with the property, that was the potion that I was concerned about. Excuse me Mr. President. You have the floor Thank you

section two of the bill talks about when a write or execution is issued and the sheriff has to sell property pursuant to that write or execution then it changed the wording because the wording did say except for fees that are contingent upon expenses or sales price. Now what the bill or what the legislation will say is that it adds an exemption for fees contingent on statutory commissions because the sheriff does receive commissions any time he sells pursuant to a writ or an execution okay thank you. Do we have any further discussion or debate? Hearing none, the question before the Senate is the passage of committee substitute to House Bill 315 on its second reading. All in favor of it vote aye. Opposed will vote no. Five seconds will be allowed for the voting and clerk will record the vote 49 having voted in the Affirmative and 0 in the Negative, Committee Substitute to House Bill 315 passes its second reading without objection and will be read 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 315 on it's third reading. All in favor of it will say Aye. Aye. Opposed No. The ayes have it, Committee Substitute to House Bill 315 passes its third reading, it will be enrolled and sent to the governor. House Bill 355. Mr. President? Senator Apodaca, for what purpose do you rise? Motion please? Senator Apodaca has the floor for a motion. Mr. President, House Bill 355, we need to remove it from today's calendar and re-refer it to the Committee on Rules. Objection so ordered. House Bill 552, the Clerk will read. House Bill 552, Graffiti Vandalism. Senator Apodaca is recognized to speak to the bill. Thank you, Mr. President, Members. This bill was requested by the Buncombe County District Attorney perfidious commonly covered by the disorderly kind of law which is a class two misterminour the law would apply, this law would apply to both public and private property makes proceeding vandalism of classical misdemeanor $500 fine, 24 hours community service when someone has two or more prior conviction or commits five or more convictions within 60 days it would become a Class H felony. The incarceration note was done on the recent versions of the bill couldn't reasonably estimate any impact under the current version, It could be actually a less incarceration note. This again is a major problem in Ashbourne, something they're dealing with, they have got a couple of articles from last week's paper about a habitual graffiti person that is already been to prison and looks like he's headed that road again. So I'd be happy to answer any question, I ask for your support do we have any discussion or debate? Senator Stein for what purpose do you rise? To debate the bill please. Senator Stein has the floor to debate the bill. Thank you, I am completely sympathetic to the purpose of this bill recidivists, graffiti artists cause a great deal of damage, distress to property owners whether they are public and so I am sympathetic to the purposes behind the bill. In Committee we had a good discussion on this and one issue that arose is that it's actually conceivable that somebody could do a single line with spray paint down a street hitting five different properties and be subject to a felony conviction based on the law because there are two ways in which one becomes a felon under this bill One is if you've had two or more prior convictions, that's clear, you've already been through the courthouse door, you know what you've done is wrong you know that you violated the law, in fact you did it twice third time I feel like you're on your own, but the second one C-2, lines 21 and 22, the person commits 5 or more violations of this section within a 60-day period. So, it could be a kid who is acting out in one instance or a couple of instances within a week and who would have 5 different places, and I just don't think it's appropriate to hang a felony around somebody's neck for this. It's clearly a violation of the law, it should be punished, they should should have to suffer for violating the sanctity of property, but I just think a felony is too much to put on it. I have an amendment, but I'm going to hold back because it's Senator Apodaca suggestion I'm talking to the House Bill sponsor's Representative McGrady, and hopefully we can resolve this on third reading. I just wanted to flag this issue as something step to for in a particular instance, thank you.

Do we have any further discussion or debate? Hearing none, the question before the Senate is the passage of the Committee Substitute to House Bill 552 on its Second Reading. All in favour will vote Aye, opposed No, five seconds to be allowed for the voting, the Clerk will record the vote. 45 having voted in the affirmative and 4 in the negative Committee Substitute to House Bill 552 passes its second reading, Senator Stein objects to the Third Reading, it will remain in the Calendar House Bill 570 clerk will read. House Bill 570 facilitates successful re-entry. Senator Newton is recognised to speak for the bill. Thank you Mr. President, colleagues this is a fairly straight forward Bill actually asking to be done, things that I thought were already been done, but apparently not This simply requires that law enforcement when someone is picked up and arrested that they do the search of NC where, to make sure that they have all the outstanding warrants. served against them, it also requires DOT corrections when someone goes to prison to work with NC where, and try to get all the outstanding warrants served against them. This one proved judicial efficiency quite a bit, and help those those folks who were arrested or who were later incarcerated to more successfully entry into a public life they get out of prison and get arrested on  all-warrant, it doesn't help them land a job, and get on with their lives, so we had a good hearing on this in committee, and I'll commend it to you, thank you. Do we have any discussion or debate? Hearing none, the question for the senate is passes with the Committee Substitute to House Bill 570 on its second reading, all in favor will vote "aye", oppose will vote "no", five seconds to be allowed for the voting, and the clerk will record the vote. Smith-Ingram, aye. 49 having voted in the affirmative and zero in the negative the committee substitute to House bill 570 passes it's second reading without objection to be read a third time. [xx] Any discussion or debate? Hearing none, the question for the Senate is the passage of committee substitute to House Bill 570 on its third reading. All in favor say aye. Aye oppose no, the ayes have it.committee substitute to House Bill 570 passes it's third reading, it'll be enrolled and sent to the Governor. House Bill 691, clerk will read. House Bill 691 Assault on National Guard Member. Senator Daniels recognized to speak for the bill. Thank you, Mr. President, members of the Senate, this bill sort of takes into, it classifies National Guard members as like law enforcement who when they're in a role, conducting order in a town or there's been a disaster and they're responding to emergency situations this bill just basically groups them with police officers, parole officers, probation officers and if they're in the course of their duties, and are assaulted by member of the public, then it enhances the penalty consistence with those other absent employees that I mentioned there and I would ask for your support for the bill. I'd be glad to answer any questions. Do we have any discussion or debate? Hearing none quest before the Senate is the passage of the Senate Committee Substitute to House Bill 691 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. 49 having voted in the affirmative, and 0 in the negative senate committee substitute to House Bill 691 passes its second reading without objection, will be read a third time. North Carolina General Assembly enacts. Any discussion or debate? Hearing none, the quest before the senate is the passage of senate committee substitute House Bill 691 on it's third reading, all in favor say aye? Opposed no? The ayes have it. The senate committee substitute to House Bill 691 passes its third reading, it will be sent to the house for concurrency in the senate committee substitute. We've a third reading in public bill, House Bill 795, clerk will read. Bill 795 SEPA Reform  Do we have any discussion general debate senate Hudson prepare for rise. Have set for amendment Mr. President. Senate Hudson if your ready for amendment prepare for read, Senate Hudson move to amend to the bill Senate Hudson is recognize to speak to the members. Thank you Mr. President, members of senate we did this with the Central Bank and others North Carolina actually prior to adapting [xx] the state of North Carolina adapted and amendments to it's constitution, dealing with the policy of the state related to the conversation of resources that's article 14 section five and I

will comment it to you, this amendment simply addresses and clarifies the impacts of speculative and are cumulative or speculative in facts and clears it up a bit. We've already learned that there had been a change in the bill having to do with for instance in-trial-basing transfers. What we're trying to do here is to deal with in-trial-basing transfers in part because you can always the question becomes what's the cumulo of impact of the granting to other for water withdrawals in the same basin? And there are other kinds of things [xx] I would commend it to you. Do we've any discussion or debate on the amendment? Hearing none question before the senate is the adoption of amendment 1. All in favor vote aye, oppose vote no. Five seconds to be allowed for the voting. Clerk will record the vote. Voted aye I, [xx] I 49 having voted in the affirmative in zero and the negative memo [xx] the bill has amended is back before the body, do you have any discussion or debate? Mr president. Senator Brian propose of your rise? . To send forth an ammendment  You can sent forward your ammendment clerk will read. Senator moves to amend the bill. Senator Brian is recognized to speak to the amendment. Members of the senate this amendment would reduce the monetary threshold of projects that would trigger SEPA to $10 million from 20 to 10 and reduce the acreage from 20 to 10. It would be similar to but not exactly what was done in the house, the dollar trigger will the be the same, the House had a fewer acreages at five acres. You may be aware that in additional to this financial triggers to trigger safer, it must involve action by state agency and expenditure of public monies for a private use of public land, and have a potential for negative environmental effect upon natural resources public health and safety, natural beauty or historical, cultural elements of the state. So there are various triggers for safer addition to the dollar and acreage threshold, if we keep it at the $20 million threshold can be said that we've completely guarded the state Environmental Policy Act. This reduction in the threshold it is supported by Dina and North Carolina Chamber and was passed overwhelmingly by the house and by many Indian of our main community so command this amendment to you. Thank you Do we have any discussion or debate on amendment two? Hearing none the question before the Senate is the adoption of the amendment two on favor aye, oppose will vote no, five second be allowed for the voting, clerk will record the vote. Wales, Wales, up or down aye, Curtis aye, 43 having voted in the affirmative, and six in the negative amendment two is adopted the bill as amended as back before the body centre brought and send for the amendment? Sent forth an amendment plea Clerk will read. Senator Brock moves to amend the bill. Senator Brock is recognized to debate the amendment. Thank you Mr. president, this keeps into the theme of where we're going today, 10, 10, 10. This will take the development that's currently at two acres upto 10 acres of 10 acres. If you look on the dashboard you can see where it just changes that from 2-10, just to give it a little bit open so it won't be as restrictive as far as getting jobs and businesses moving. [xx] to support the amendment Any discussion or debate on amendment three? Hearing none pressing for the senate is the adoption of amendment three favor will vote aye, oppose will vote no. Five seconds to be allowed for the voting. Clerk'll report the vote. Bryant. Senator Bryant. Senator Bryant, I or no? Aye. Senator Behringer Aye. 46, having voted the affirmative and three in the negative amendment three is adopted. The bill has amended back for the body. Do we have any further discussion or debate? hearing none, the question for

the senate is the passage of Senate Committee Substitute to House Bill 795 as amended on its third reading. All in favor will vote aye, oppose will no five seconds to be allowed for the voting. Welcome forth the vote. Gentlemen, 47 having voted in the affirmative and 2 in the negative, Committee Substitute the House Bill 795 as amended passes its third reading the amendments will be engrossed to be sent to the house of occurrence in the senate committee substitute. And that wraps up out calendar for the day. Senator [xx] purpose you rise? Mr. President, motion please. Senator [xx] has floor promotion. Thank you Mr. President. Senate Joint Resolution 421, military appreciation is currently committed on rules as I removed on rose and placed on demerger calendar as the first calendar objection is there an order purpose you rise? Mr. President, to change my vote to I. On which? 795. On 795, [xx] our I final count is third reading 552 final count 48 to 1, Senator Robbins propose your yes to change my vote on 552 to No Senator Robinson changes her vote on 552 to No final count sit 44 to 5, Senator Waldof[sp?] propose your yes Mr. President on house bill 552 I want to change my vote to no Senator Waltech[sp?], changed her vote to No on 552 final count 43 to 6. Senators Foushee and Waddell, your microphones are on, thank you. At this time, we would like to welcome our Pages to the Senate, so Pages if you'll make your way up here to the front of the Chamber and we will make those announcements. The Clerk will read. Pages serving in the Chamber this week, Christian Adams, Denver. Andrew Bowe Agrange[sp?] Catherine Cahill, Raleigh. Arturo Cassell, Norwood. Brooke Church Pular[sp?] Emily D. Berry, Longbird. Kiki Forbes, Fontville[sp?] Nicholas Frederick, Statesville. Brandon Gunn, Davidson. Alexis Givens, Charlotte. Nickway[sp?] Grey, Burlington. Makayla Green, Charlotte. Angelina Grimaldo, Lexington. Caroline Harris, Fountain[sp?]. Anthony Harvey Ja Shahbaz[sp?], Greensboro. Mary Lous paper, Eller Claas Lexington, Mercy Way Morgan, Medicine Beckna and Beth Grace battle Thompson Rally group of pager this week pages thank you so much for coming and serving us in the senate these week we look forward to working with you. Do we have any notice or announcements? Senator Spenthogram[sp?] Mr President?  For what purpose do you rise? To change my vote on 552 from aye to nay.  Senator Spenthogram[sp?]  changes her vote on 552 from aye to nay, and the final count is 42 to 7 Senator Brown for what purpose do you rise? For an announcement senator Brown has the floor for an announcement republic for what the immediately after the session Senator David for what purpose do you rise? For a brief moment of privilege. Mr. Senatore Davis you have the floor for a moment of personal privilege Thanks Mr President and members and it's with deep sadness in Eastern North Carolina that we hear and learn of the news of the passing of John Karl. John Karl, was a true servant indeed he came from a line of servantces, his grandfather served in a U. S house, his father served here on the general for sometime and actually was  Speaker.  John obviously became in, he served not only in the house he served us here in the senate I'm done for those who were here he was known for many things. He was known as the finest person. Senator Richard, he was known as the champion for Eastern and North Carolina, he was known of course worked with the water and sewer. If you needed a project, you reached out to John. But in other things he was also known for, well known for, was his infamous school

bus tie, neck tie, and John indeed it was a special person to us all a friend well loved person across our district and I'll say he stood tall but he often wore a smile he was indeed a general giant and to his wife, and family Sandra will always thankful that we were able to have him and they shared him with the state of North Carolina. So thank you, Mr. President, for allowing me this moment as we remember the life of our friend John Carter. Thank you, Senator. Sen. Tillman, for what purpose do you rise? Mr. President for a moment of personal privilege. Sen. Tillman, you have the floor for a moment of personal privilege. Yesterday, and I guess all weekend, we celebrated Memorial Day weekend and Memorial Day yesterday to honor our fallen dead military heroes in doing that we honor all military, those that have served in the past and those that are currently serving, but is a special design for those that have fallen in battle. And way back in my day, before that really, it was called decoration day. And everybody wore their medals that had for them and decorated, and decoration may not be a good word for it, but tombstones and grave sites and so forth, and then it later on became Memorial Day but I don't know how of you I ought to ask have ever heard of the ballad of Ira Hayes. That was a great song written by Mr. La Frage and sung by Johnny Cash. If you get a chance you Google that up and you listen to that. If you want to cry Ballard Hayes was a pain Indian who didn't have much in life and the white man took the water away from their reservation and it dried up and the crops dried up but Ira couldn't make a living so he joined the war effort. And if you'll see the picture of Iwo Jima, Ira Hayes, Buck, you know about Ira Hayes hey, and what I have raised the flag there, when I always come back and he still couldn't get a job and sort of looked over by society and you know as I said he's just an indian so he got drunken man the little ditch of water their in his reservation what was a former reservation that he was one of those heroes. 250 much of those heroes 57 came back and I was one of the 57 and he was one of those and you raise the flag, and [xx], so take that will happen, it will bring. Senator Haise your purpose arise? On personal privellege talk on a moment of personal privilege. The moment on senate just to take a moment and I'm adjourn me and wishing one of our fellow senators senator Tommy Turker and wonderful and happy birthday. This is actually quite a special birthday for Tommy but the irony is not lost on all over and qualifies two government programs including both social security and medicare, Mayor, and so we want to continue to wish him well and just a happy birthday. Senator Reuben your purpose of rise? To speak on personal privilege. You have the floor senator In follow up to what Senator Tellman talked about, Decoration Day, Memorial Day. Folks, today [xx] to the civil war when the windows in warthne[sp?] and so fourth on both sides I decided to decorate graves and will decoration stayed that way until was the 60s or 50s sometime there I can remember but it is far back I can't recall is current memorialday I go to Sparkling Berg really to honour those who sacrificed so that we can have what we have and I think that one thing we can do is remember that's for sure their sacrifice, but what's equally important I think is there's line in a poem called inflander[sp?] fields I have to paraphrase a little bit but towards the end it says that we need to listen and take up the touch because the fight is now ours to move the country forward, not keep wondering about the past, and honoring the past, takes a lot of way to get into a better state that we are right now. We can stand for a more patriotic spirit, and instill  in young folks like our pages, start thinking in terms of where it

works for greatest generation where everybody in the nation stood up for what was right and wanted to move forward and get rid of the enemy, and for goodness sake and our contemporary we have to confront them, we have to know who they're, and be willing to fight to preserve what we have I think that's the challenge more with that is move forward with pride as this country the greatest the world has ever known and make it better is what we are trying to do in this chamber. Thank you Senator McGenas what purpose your rise? Thank you Mr. President fellow members of the senate I was not going to stand up because we got   Senator you want appoint a personal privilege? After appointing the personal privilege I apologize sir.   Thank you senator you have the floor.   My emotion took over me I apologize. I had the privilege to speaking at a memorial-day service, and I wanted something special, and I said with us the North Carolinians that that we need to recognize, and his name is Sergeant Eugene Ashley Jr. From Wilmington, North Carolina, who received the congressional medal after he gave his life as members special courses in Vientnam[sp?] and he is the only African-American from the North Carolina to have given his life to, and received the Congressional Medal, and he's buried in Rockfish, North Carolina, down in all and since we're going to talk about great Americans today I'm going to add him tour list because he did the Lord work over there and paid the supreme sacrifice. Thank you Senator. Any other notices or announcements? Any further business to come before the Senate? North Chair recognize Senator Berger for a motion. In this precedent, and I would ask that we adjourn today in memory of Senator John Kerr, and so with that I move that the Senate do now adjourn in memory of Senator John Kerr our subject to the standard stipulations set forth in Senate Rule 24.1, the receive of House messages, to reconvene on Wednesday 27, 2015 at 2 pm. The motions of the senate do now adjourn subject to the stipulations stated by Senator Berger, and in memory of Senator John, and then Wednesday May at 2 P. M., seconded by Senator Smith, all in favor say "aye", "Aye" Oppose "no", the "ayes" have it, Senate stands adjourned.