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Senate | April 14, 2015 | Chamber | Senate Session

Full MP3 Audio File

Senate will come to order. Sergeant in arms close the doors, members to go to their seats. Members and guest in the gallery please silence all electronic devices. Leading the senate in prayer is the reverend Peter Miller senate chaplain. All member and guest in the gallery will please stand. please pray with me. Lord you have been our dwelling place in all generations, we come before you now development study you win, where we go you have a present even here in this public contagious has misbehaved you are here what a make up of things the you involved yourself in this magnitia of the mountain business of this state, so we thank you for that portion of grace lord that you pour down upon us here as together. Thank you Father fall upon us today freshly, and now Lord would you please establish the work of our hands, it's Jesus name that we pray, amen. Senator Apodaca is recognized for a motion.  Mr. President journal on Monday April 13th 2015 is been examined and is found to be correct I move that the senate Representative Disbenz[sp] with the reading of the journal and that understand the product well,   Without objection is not friend-full[sp] for thirty [xx] [] senate Gregogry[sp] is absence today granted for senate for the meeting [xx] we also have a couple nurses of the day with us today we have Joyal len[sp] of Double Grand[sp] of Chrysoner[sp] Norse Len[sp] and Norse Grand[sp] thank you for joining us in this listening thank you Senator Apodaca for what purpose do you rise?  Mr. President a couple of motions. Senator Apodaca has the floor for thank you Mr. President, members, senate joint resolution. 712 confirmed Director of SPI was filed today, moved the rule space suspended[sp?] to the and the Senate Bill 712, be introduced today and then immediately referred to committee on nominations.  Objections are ordered Mr. President. Senator Apodaca what purpose do you rise? Motion relative to today's calendar. Senator Apodaca has the floor for a motion Mr. President, Senate Bill 391 and join street gangs expires in 3 years is on today's calendar asking to be removed Days calendar and we referred to committee on judiciary one. Objections are ordered. Senators upon the motion of Senator Dan Blue of Wake County and Senator Valerie Foushee of Owens County the chair is happy to extend courtesies of the gallery to the North Carolina State Conference of the NAACP Dr. Michel Rose executive director reverent Posho Goshel president the Rolley Apark's range if you are with us today please stand and be recognized, thanks for joining us in the senate. On the motion of senator Buckner and Johnson Nash and Wilson county the chair is happy to extend courtesies of the gallery to the associated builders and contractors of the Carolinas, are here today for the eighth annual hard heart legislator day please stand to be recognized thanks for joining us [xx] Further motion Senator Ryan of Harnet county the chair is happy to extend the courtesies of the gallery to retired lieutenant corneal Sherry Will Mark newly appointed to the governors social services commission and founder Jamaica jeans a foundation dedicated to sustaining employment for the deaf. Sherry please stand to be recognized, thank you for joining us today. And upon the motion of senator Ben Clock of Gablin and Hope county the chair is happy to extend courtesies of the gallery to his newly wed bride doctor Young Clock

North Carolina work career pathway director North Carolina Department of Commerce please stand to be recognized, thank you for joining us in the senate. Reports of the standing committees.  Senator Sanderson for what purpose do you rise? Mr. Chairman send forth committee report. Senator you can send forward your report, the clerk will read. Senator Sanderson, state local government committee submits the passage. House bill 140, committee substitute number one, landmark appreciation day in North Carolina favorable. House bill 140 calendar, Senator Tucker for what purpose do you rise? To send forth committee report Mr. President. Senator Tucker you can send forward your committee report, the clerk will read. Senator Tucker, for the healthcare  committee submissive passage, senate bill 366 all on certain require permanence innovation commission favorable, senate bill 487 healthcare technical religions also favorable. Senate bill 366 47 calendar senator Meredith for what purpose do you rise? Mr. President to send forth a committee report. Senator Meredith you can send forward your report. The clerk will read. Senator Meredith for the commerce committee submits the passage, senate bill 682 first sunset are we contingent audits favorable. Senate bill 682 calendar. Do we have any other reports to standing committees? Senator Newton for what purpose of your rise? To send forth the committee report. Senator you can send forward your report. Thank you Clerk will read. Senator Newton for the judicially committee submit surpass senate bill 481 providing access to entrepreneur small business favourable. Senate bill 41 finance. Any other reports? That will us right into our calender for the day we will start with public bills on it's 2nd reading. Senate bill 154 the Clerk will read. Senate bill 154 clarifying a good Samaritan law. Senator Birmigham is recognized to speak to the bill. Thank you Mr. President ladies and gentlemen of the senate. Senate bill 20 which was like American bill was passed in 2013 since that bill has been enacted for has been 402 lives saved because of the passage of this bill. Senate bill 150 before which I present to you today, helps clarify the law requested by law enforcement community with some areas that they had concerns about, and so after many hours of debate and discussion, the Sheriffs Association, the association of the police chiefs, harm reduction correlation, probation and parole are all on board with this and the Hospital Association has no objection. So as you know to get this number of people together to agree to [xx] is quite an accomplishment there has been many hours put forth in this, hopefully we'll continue to save a lot of lives of this epidemic portion that they were having with drug overdoses in this state. Having said that, I would appreciate your support for the bill and I would be happy to answer any questions.  Do we have any questions or debate? Hearing none the question for the Senate surpasses the committee substitute Senate Bill 134 in it's second reading

on favour will vote I and those who vote No five seconds relapse for the voting. Jackson I, 49 having voted in the affirmative in zero in the negative committee substitute Senate bill 134 passes its second reading without objection be read the third time. North Carolina General Assembly enacts. Further discussion or debate? Hearing none the Senate bill passes the committee substitute substitute Senate bill 134 on its third reading. All in favor will say I, oppose NO, the I's have it.committee substitute senate bill 134 passes its third reading and it will be sent to the house. Senate bill 183, Clerk will read. Senate 183, eliminate CRVS for [xx] Senator Mckissick is recognized to speak to the bill. This is a pretty straight forward bill, it's basically a technical refinement to the just re invest again we've had several years ago, it comes to us as [xx] information, Senator Daniel, Senator Brown and I all serving at [xx] commission. What we essentially do is allow the agency opportunity to have greater flexibility when a person carry mestomino convicted of mestomino who has a suspended senate to get them to do something to comply voluntarily through a quick hit type of program going [xx] two or three days as opposed to getting their active sentences I ask for your support Any discussion or debate, hearing none question for the Senate is the passage of senate bill 183 on its second reading all in favour will vote I, oppose will vote NO. Five seconds to be allowed for the voting Clerk will record the vote. Bagger aye 49 having voted in the affirmative and 0 in the negative Senate bill 183 passes its second reading without objection be read a third time. North Carolina General Assembly enacts. Any discussion or debate, hearing none the question for the senate is the passage of senate bill 183 on its third reading. All in favor say aye   Oppose NO the aye's have, senate bill 183 passes its third reading it will be sent to the house. Senate bill 233 the Clerk will read. Senate bill 233 automatic like expansion mistaken identity. Senator McKissick is recognized once again to speak to the bill. It's a pretty straight forward bill in case you have identity front or mistaken identity somewhere use to identity committed a crime and for some reason later those characters are dismissed and those considered are allowed for an automatic expansion for their criminal record without taking any action ask for your support on any way of any help of seeking bill Further discussion debate hearing none question for the senate is to pass this senate bill 233 agree on second reading on favour will vite aye opposed will vote no five seconds fill out for the voting clerk will record the vote Aye What else aye 48 having voted in the affirmative and one in the negative senate bill 233 passes its second reading objection read the third time [xx] Further discussion or debate hearing none senate bill 233 on its third all in favor will say aye opposed no the ayes have it senate bill 233 passes its third reading and it will be sent to the house senate Bill 269 corporal read Senate bill 269 [xx] employee summary reject Senator Randal was recognized to speak to the bill Thank you Mr. President members first of all in full disclosure I'm not a landlord and I do not own any real property senate bill 269 addressing issue in summer rejectment process and under current law for the landlord [xx] the law allows for [xx] with a copt of the summons and complains being made by the Sheriff to the defendant or tenant first on address this service by posting a lousy majorly to rule on the addiction that does not subject the defendant or the tenant to the personal jurisdiction of the Court meaning the plaintiffs landlord cannot recover a money forensic damages so what this bill does at the hearing on the eviction the magistrate can assemble the crine for monetary damages which will allow the plain keeper landlord to request of the summons that can be personally served on the defence of a tenant, and at such service the landlords can be awarded a monetary judgement for damages, this legislation is supported by the North Carolina Sheriffs Association and who have no opposition and I appreciate your support. Do we have any discussion or debate? Hearing none question before the senate is to pass this senate bill 269 on 2nd reading all in favor of it aye oppose vote no five seconds to bill out for the voting and the clerk will record the vote 49 having voted in the affirmative and zero in the negative senate bill 269 passes it's second reading without objection be read a third time. North Carolina do you [xx] is there any discussion of

debate, hearing none question before the senate is to pass through the senate bill 269 house third reading all in favor say aye, oppose no, the ayes have it senate bill 269 9 passes its 3rd reading will be sent to the house, senate bill 311 clerk will read, senate bill 311 registered [xx] filing false marriage docs. Senator Bangham recognize speak to the bill Thank you Mr. President ladies and gentlemen of the senate, senate bill 311 came from local register of deeds, we run once very similar to this on birth certificates several weeks ago they have found that people sovereign citizens [xx] have turn to them with an official marriage record to be passed and this allows him to put on the bottom of the dark and this is not an official marriage record and that prevents is ladies and gentlemen from going to other agencies and receive help which would be illegal. This would be some copies of some marriage records here I'd be happy to share with any if you wish to see one I think you'll really understand the problem it disposed I appreciate your support and be happy to try to answering questions. Do we have any discussion or debate? Hearing none [xx] passage of senate bill 311 on second reading on paper, vote aye, oppose will vote no. Five seconds be allowed for the voting, the clerk will record the vote. Stain aye. 49 having voted the informative in zero, in the negative Senate bill 311 passes its second reading without objection will be read a third time   North Carolina general assembly enact   The discussion on debate? Hearing none the question for the senate is passage of senate bill 311 [xx] on paper say I. [xx] no. The I's have it. Senate bill 311 passes it's 3rd reading and will be sent to the house senate bill 48 now to read    senate bill 48 a man, uniform and a state family [xx] Senate is recognized speak to the ville. thank you Mr. President. This is an agency bill requested by the department of health and human services in 2008 the uniform interstate family support act was amended in the hague, in an international convention. Several legislation enacteed in 2014 requires all states to enact the two 2008 UIFSA which is short for Uniform Interstate Family Support Act these amendments were adopted and now the federal legislation requires that all state general assemblies pass their amendments to the this legislation in 2015, failure to do that would cost the state of North Carolina about six and a half million dollars in Federal Farching Funds, so I highly recommend and so does the department that we enact this legislation and all this legislation does is acknowledge the agreement with the Hague amendments and also make some a few technical changes into our existing bill, into our existing law, so I would urge you all approval of this bill thank you Mr. President. Do we have any question or debate? Hearing none the question for the Senate is the passage of committee substitute Senate Bill 488 on it's second reading all in favor will vote aye, oppose will vote no. Five seconds will be allowed for the voting the clerk will record the vote. 49 having voted in the affirmative and zero in the negative committee substitute Senate Bill 48 passes second reading without objection be read the third time. North Carolina General Assembly enact. May the discussion prevail. Hearing none the question for the Senate surpasses committee substitute Senate Bill 48 on it's third reading all in favor say aye, aye! Oppose no. The ayes have it committee substitute Senate Bill 48 passes its third reading it will be sent to the house. Senate Bill 675 the clerk will read.   Senate Bill 675 [xx] frequency. Senator Apodaca is recognized to speak to the bill. Thank you Mr. President and members. Genesis of this bill comes from a phone call I receive every November from a victim of a rape when she was 10 years old. The gentleman the person who raped her comes up every December, for parole. And the agony this family goes through every year, right before

Christmas brought to my attention is there something else we can do. And in conversations with Parole commission, they said that if we granted them the authority instead of hearing a parole hearing every year, they can do it every two years. Now, what this Bill does is allow the parole commission if they made appropriate to have a hearing every two years, they still have the authority to have a hearing every year, but this will disallow them the opportunity to go every two years, hopefully little trauma for the victims and families each year these all are cases that happened prior to 1994 and so these have been around for quite some time, I'll be happy to answer any questions, but that is what the bill does. Do we any discussion or debate? Hearing none, question for the Senate is passage of Senate Bill 675 on a second reading, all in favor vote aye, oppose will vote no, five seconds to be allowed for the voting, clerk will record the vote. 49 having voted in the affirmative and zero in the negative, Senate Bill 675 passes second reading without objection be read a third time. North Carolina General Assembly in act. Any discussion or debate, hearing none the question for the senate is the passage of senate bill 675 on its third reading all those in favor will say aye. Opposed no the I's have it, Senate bill 675 passes its third reading and it will be sent to the house. We have one public bill third reading senate bill 123, Clerk will read Senate 123, uniform fragment and transfer act. Representative Hartsell is recognized to speak to the bill Thank you Mr. President, members of the senate I ask that you support the bill on third reading, it's been a month since we had second reading we don't have the proposed changes as yet if there're in fact any and it's time to move it along and I would commend it to you. Is there discussion or debate, hearing none the question for the senate is the passing of committee substitute senate bill 123 on its third reading all in favor will vote Aye oppose will vote NO, five seconds to be allowed for the voting. Clerk will record the vote. Raven[sp?] Raven Brunswick, Raven Brunswick I. 48 having voted in the affirmative and one in the negative committee substitute senate bill 123 three passes its third reading and it will be sent to the house. And that concludes our calendar for the day At this time I'd like to introduce our pages for the week so pages if you make your way up front here for the diocese and for this week we appreciate your service and you all get up-floor then we'll introduce our pages. Keep on coming, walk on up here in the front Page is serving the chamber this week, Charlie Compton[sp?] the third, done? Isaiah Davis, Luke Adams Hesbole, Gabriela Scola Guinsbole Sarah Wallace Strickson Salibole,   Pages is only about five these so you should be busy this week and we thank you for your support to the senate, thanks so much Senator Daniels, For what purpose do you rise? Send forth the committee report out of order. Senator, you can send forth your committee report out of order. We could have a page gather that report Senator Daniels, for the addition to Committee submits the parcel. Senate Bill 386 registered the ucc recording this senate bill 462 on favour of the bill the favour commitee substitute bill public authorities non profit corporation. Senate bill 386 financing the bill 462. Calendar, do we have any notices or announcements for the day? Senator Author Docker for what purpose do you rise? Mr. President, Two announcements please. Senator Author Docker has the floor for announcements. Thank you Mr. President, first tomorrow morning at 10 O'clock, we'll have our first nominations committee, we'll be handling the Director of

The SPI and I believe that will be in 12:27 but a notice is probably already gone out within the last 30 minutes with the room. Additionally, tomorrow afternoon at 4 o'clock in room 11:28, rules and operations of the senate will hear clarifying law was an executive orders that's 4 O'clock tomorrow, thank you Mr. President. Any other notices or announcements? Senator Sanderson, for what purpose do you rise? Announcement Mr. President. Senator you have the floor for your announcement. Thank you Mr President. Tomorrow morning at 7.30 the join legislative for a purpose will meet in room 414, at light, and I emphasis light breakfast will be served. Senator Brian for what purpose of your rise? Simple for senatorial statement. Senator you can send forward your statement. Senator did you want to speak? For the statement, you have the floor for your point personal privilege senator. Thank you. Ladies and gentlemen of the senate. This weekend was an important commemoration in the history of North Carolina commemorating the hollow fact results. On April 12 2015, it was the 239th anniversary of the occasion on which the fourth North Carolina provision congress men in Halifax North Carolina, and adopted the Halifax results, which was the precause to the declaration of independence, in fact we were the first search provision congress, and for State to take of that step so we have to be proud of that, spirit of liberty, that of course burns strong here in our State, for through that example. In Halifax North Carolina there is the Halifax historic site, which preserves and interprets that history, and for 60 years, has been celebrating April 12, as Halifax day. So I just wanted to bring that to your attention, and commemorate that celebration to you and to remind you of the wisdom and encourage and foresight of that fourth North Carolina provincial congress without iPads, emails, telephones, US mails automobiles whatever they all came together to take that and I'm proud of them and I think you are too, thank you Thank you Senator, any other notices or announcement? Senator Apadoca for what purpose do you re-announcement please  Senator Apadoca has the floor for Nominations committee will meet in room 1027 tomorrow, 1027 at 10:00 There is any further business come for the senate. Senator Woodward for what purpose do you rise? Point of personal privilege Senator floor for point of personal preference Thank you Mr. President this passed Friday our state law one of it's greatest citizen and the greatest historian with the passing of at the age of 95 just a few day short of this 96 birthday may if you will recognize Mr. Paul Nail have you thought and called the dean of North Carolina history and over seven decade career he either edited or more than a hundred box in articles on North Carolina state history including the in cycle of North Carolina I know I will visit many of you offices here you have this books somewhere in you office but some of you uses it as a that I realized, that I was to just say that this is seminal that in North Carolina history but due to great reference to and I rely on many times that the power[sp] that was seen in North Carolina was for little children 2000 I was definately in the North Carolina living with [xx] 2008 he told that we would see jackal of fourteen years and in the next time we would be talking of more than 6, 000 students with the degree of multiple number with so teaching career in North Carolina and it's classes open up long waiting-less and he also showed that there was reception for the problem of archives as I say, really what's the dean of your North Carolina history so Mr. President I hope you gonna join the day in memory of Unesberg[sp] Thank you senator. Any further business come to concern now John you are recognized in the motion. Thank you Mr. President I move that the senate do now adjourn in memory of William S Pawel subject to the standards stipulation set fourth in senate rule 24.1 the receipt of committee reports and that's teachers from the house to reconvene on Wednesday, April 15th 2015 at 2 PM. The motion to the senate is now adjourned subject to the stipular stated by Sargent Burger and in memory of William S. Powell to re-convey Wednesday, April 15th at 2:00 p. M. Seconded by Senator

Apodaca, all in favor say Aye for there is no, the session has adjourned.