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 | June 15, 2015 | Chamber | Senate Session, Part 2

Full MP3 Audio File

Senate will come to order. Sergeant-at-arms to close the door as members gather their seats. Members and guests in the gallery please silence all electronic devices. Leading the Senate in prayers, the Reverend Peter Milner Senate Chaplain, all members and guest in the gallery will please stand. Please pray with me. Lord it's good to be here, as our evening prayer rises to you. God send me your mercy come down upon us, cleanse our hearts and set us free. You're the light of the world, and you've made all things. Help this body to not grow weary of doing good, and to live by your light, oh Lord. that in Jesus name we pray, Amen. Senator Berger is recognized for a motion. Thank you, Mr. President. The journal of Thursday June 11, 2015 has been examined, it's found be correct. I move that we dispense with the reading of the journal, and that the stands approved as written. Without objection the journal for June the 11 stands approved as written. Senators we have a leave of absence today granted for Senator Lee. Senators we're going to move right into the calendar for this evening. Senator Apodaca for what purpose do you rise? Motion is relative to the calendar. Senator Apodaca you have the floor for your motions. Thank you Mr. President. House Bill 766 amends CBD or move that it be removed from nights calendar and placed on next Tuesday, a week from tomorrow, whatever is available. Objection so ordered. Thank you Mr. President. House Bill 652, Right To Try Act, removed from next calendar and placed on the same calendar for next Tuesday, a week Objections to order. Thank you Mr. President. Mr. President we need to go to House Bill 836, Election Law Modifications. If we could move it to the top of the calendar the house is awaiting on that. Senator what was that Bill? Senator Apodaca I got 836 Could you come up here for a second Senator? Okay We'll move right into the calendar along with Mr. President Senator Apodaca for what purpose do you rise? Motion please. You have the floor Senator. Mr. President, on Thursday we heard House Bill 836, Election Law Modifications, evidently clerk's office it's been slow sending it over, so I move that we send it over to the House by special messenger,   That Jackson so ordered starting with public bill second reading, House Bill 148, clerk will read. House Bill 148, Insurance required for [xx]. Senator Apadoca is recognized to speak to the bill. Thank you Mr. President seems like we've worked on this Bill every year for the last five or six years, but we have a complete bill before us tonight. Last year I think we voted to put registrations on mopeds. This year bill came over that requires mopeds to be insured clarifying that the sellers of mopeds are not required to be licensed as motor vehicle dealers and also clarifying that mopeds do not have to be titled but they do have to be registered and they have now have to have insurance. That is the two main things that this Bill and I ask for your support do we have any discussion or debate? Senator Bingham for what purpose do you rise? Thank you Mr. President, to debate the bill. You have the floor Senator. Ladies and gentlemen of the senate, this is a Bill that, several years ago and Senator Apodaca knows [xx] especially the insurance part because most of these men that I that have these mopeds are not very high on the food chain most time we've

got five or six DWI's[sp?] and have a difficult time not even getting insurance. I understand the intent of this, but I've spoken to several employers who are going to have have a difficult term either they have to go and pick up their employee because they cannot afford the insurance and if I might object for I'd like to do so. Do you have any further discussion or debate? Senator Apodaca for what purpose do you rise? To speak a second time. Speak a first time, I don't know how much longer we can let this folks drive on our roads an insured, make our cars wreck, make our insurance pay for this damages when somebody had four, five [xx], it doesn't make sense, they don't need to be on the road, regardless and I assure you senator Birmingham they ain't going to work they ar normally going to the beer store but anyway we can object third reading keep this candle lighting further, and let our insurance rates go up, and let these people get killed because they are mingling in with high speed cars. Thank you. Do you have any further discussion or debate? Senator Brown for what purpose do you rise? To speak to the bill. You have the floor senator. Senator Apodaca you're right I have a brand new subaru that was taken from one of my stores to the other across the street and a moped ran into it. Did $2500 worth of damage, no insurance. Took a new car made as a used car has to sell it as a used car because of the damage, probably cost about $5 or $6 before as I have said none because no insurance no liability, if it's happening to me it's happening to a lot of people, we've bit this thing to death and I think it's time we fix this problem really. Senator [xx] for what purpose di you rise? Speak a second time. Senator Bigham you have the floor to speak the second time. Thank you Mr. President, ladies and gentlemen [xx] on my opposition to hear this and so we can go ahead and vote on it. Thank you, Mr. President. Do we have any further discussion or debate? Mr. President. Senator McKissick for what purpose do you rise? See if Senator Apodaca will yield for a question. Senator Apodaca do you yield for a question? Yes Sir. Senator Apodaca, I don't see anything in the bill about what level of insurance protection would be provided, so what's such contemplated in terms of the level of coverage to protect somebody who's in an accident with a moped. Senator McKissick I believe it is the minimum women [xx] I am not sure I don't have it right in front of me. But if you lie the third reading we can certainly look tomorrow, senator McKissick and you were in the committee and I didn't hear that question then, but we can carry on. Senator McKissick for purpose do you rise? To speak on the bill. Senator McKissick you have the floor to debate the bill. Historically I've had some to say in concerns through articulated by Senator Biggham at the same time I know it is important to kind of balance competing equities, now one of the question I did ask the committee is what the cost of this proposed hearing would be. I know that in prior years when I asked that question of those in our insurance department they came back with a cost, on estimated cost of about $450 one thing that change this year when I asked that cost is that they said it would be about $90 or so, went up to 400 and somebody had a bad driving record. I do believe that perhaps we need to begin to require some level of insurance be provided, but if we are going to do that, we need to know how much insurance that is, and the other thing that it may at some point require us to do is to evaluate the training that this more pet drivers receive. Since Ronald pretty much forgetting to regulate them in a way that's not terribly different for motorcycles. Senator Apodaca if you don't have any objection do third reading so we can find out what's going on with this insurance. Mr. President that's fine with me let's just move on. Thank you Mr. President. Do have your further discussion of the debate? Senator Tillman Senator Waddell. Yes I have a question concerning this?  Do you have a question for Senator Apodaca? Yes, I do.

Senator Apodaca, do you yield for a question from Senator Waddell? I do. OK, concerning the amount of revenue that this will produce, it was estimated that it would be 1.4 million of the 25, 000 mopeds that we have in the State of North Carolina, is that correct? I don't think so. Are you talking about on the insurance? Yes, the amount of revenue that will be produced as a result. Mr. President, if I may answer that? Revenue from insurance does not go to the State other than insurance taxes, premium taxes. The other monies go to the carriers for the premium. OK, I'm just reading information that was presented. Could I have another question? Senator Apodaca, do you yield? Sure, sure. OK, it is also estimated that normal persons riding with these 8, 000 that are in store and 17, 000 that are properly been operating, well, this is due to those persons who are not able to afford the insurance. I guess they should be on the road with that point they wouldn't be illegal Okay, house can I, another question? Senator Apodaca do you yield   I was just concern about those persons because of a lot smaller counties, this is the only means [xx] that way is getting there to work caring out  the duties that they have about families. So I was just concern about that. Thank you   Any further discussion on debate? Hearing none, question for the Senate surpasses the committee substitute to House Bill 148 on its second reading all in favor will vote aye, oppose will vote no, five seconds to be allowed for the voting, clerk will record the vote. 41 having voted in the, Bryant you are already an aye. You an aye are already senator. Do you want to change to no? Yes. Senator Bryant changes her vote to no. Mr. President I object to third reading. Waddell changes. Senator Waddell changes her vote to no as well. Anybody else want to change their vote? 39 having voted in the affirmative and 9 in the negative committee substitute to House Bill 148 passes the second reading, Senator McKissick objects to third reading, and it will remain on the calendar. House Bill 154, the clerk will read. House Bill 154, Local Governments and State Health Plan. Senator Brown is recognized to speak to the bill. Thank you Mr. President. As many of you know since 04 I think we've had 18 local bills manned, 18 local governments to the state health plan. What this bill will do is allow all those the civil bill this session, it will allow all those hopefully that have submitted bills this session to also join the state health plan. Presently we have about 3, 000 employees independents, they're on the plan, and once they have requested this particular session or about 4, 500 more, which gives us about 7, 500 employees independents. The bill caps it at 10, 000 so there're still about 2, 500 spaces still available. The bill also has a limit that you have to have less than 1, 000 employees independents in order to qualify, also the bill sets out a new set of requirements for local governments to join the health plan so the ones that will join and the ones that are already on the plan will have to abide by the new rules. That's pretty much what the bill does and I'd ask for your support. Senator? Do we have any discussion or debate? Senator Brian your her phone is on do you? Thank you. Do we have any discussion or debate? Hearing none, the question before the floor is the passage of Senate Committee Substitute to House Bill 154 in its second reading, all in favor vote aye, opposed will vote no, five seconds to be allowed for the voting and the Clerk will record the vote. Brock aye, Stein aye. 48 having voted in the affirmative and 0 in the negative, senate committee substitute to House Bill 154 passes the second reading without objection 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 senate committee substitute to House Bill 154 on third reading, all in favor will say aye? Oppose no? The ayes have it, the senate committee substitute to House Bill 154 passes its third reading, it will be sent to the house for concurrence in the senate committee substitute.

House bill 327, clerk will read. House bill 327, Study EMS, Safety EMS, personal tech changes. Senator Hise is recognized to speak to the bill. Thank you Mr. Presidents, members of the Senate. Quickly this bill does two things is number one and directs an inter-agency study to allow emergency medical service personnels to see how they can reduce the threat to bodily harm when they're performing there necessary duties, others were coming in in the second part of the bill makes technical and conforming changes to statutes regarding emergency medical personnels and those definitions, we're incorporating some new federal guidelines. So I'd appreciate your support and I believe one member had an amendment. Senator Raven, for what purpose do you rise? Sending forth an amendment. You can send forward your amendment, the clerk will read. Senator Raven moves to amend the bill. Senator Raven is recognized to speak to the amendment. First of all I think this is a good bill and needs to be done. We all know it's getting to be a more and more violent world. This is a simple amendment that says if we're looking in the study and all of the means available for the EMTs to defend themselves, we might as well include both lethal and non lethal means. The study will then say we need them or we don't, and that they getting either way. Simply saying we ought to consider it, while we're doing business instead of doing something twice. Appreciate your support. Thank you. Do we have any discussion or debate on the amendment? Hearing none, the question for the senate is the adoption of, Senator Ryan, for what purpose do you rise? To ask a question about the amendment and really to give myself time to get it off. Okay Senator. Could I ask the Bill sponsor the amendment. Senator Raven are you up for a question? Sure. One Sec. Can you give a little bit more information Senator Raven, about what this does. It says, lethal [xx] terrorized such as pistols and revolvers. What does that mean? I mean, what does that do to the Bill? Well, there are series of five things that are to be studied, and one just above the one that I'm offering, they'll look at five [xx] they will study all night and lethal means, and it gives some such as I think stone, guns and the like to me if we're going to study this issue, you're to study all parts of the issue instead of just doing things out of a priority and so I thought we you would add, while you're doing the study, look at what or not lethal will be the kind of means you would want to have, and I gave a couple of examples just like the previous, the [xx] of five I did on the nonlethal kinds of projections. Thank you senator. Do we have any further discussions question or debate? Senator Robinson, for what purpose do you rise? To ask the amendment sponsor a question. Senator Rabin, do you yield for a question? Yes. Senator Rabin thank you, and I remember some discussion. So does this mean that that the bill, this includes in the language that or just for further clarification to study whether it's necessarily for a EMS person to have pistols or revolvers as a means of self protection when they go out to address issues. Is that what it means? To me what it means is, within the panoply of things that you can consider to give the EMTs protection in this more violent community that's abounding around us right now and the evidence of that ample, if you're going to look at an array of options, look at all of the options available and deselect the ones that you don't want. I'm not saying you want to give them pistols and revolvers. I'm saying study the issue from all aspects, and give it a clear well thought out study so that the end result doesn't have to get redone later on. Thank you. Speak on the amendment? Senator Robinson, you have the floor to speak to the amendment. Thank you, and I do remember there is a discussion in the committee, and in terms of studying the issues my concern here is that the backup on 911 call automatically informs police and they have train then individual to come out to respond in addition to EMS and I think moving it further well this bill study is what those workers need and terms of addressing situations to move it further to consider

do they need re-buffers and pistols talks about training, talks about cultural competency, talks about a lot of issues then unfortunately we are facing across the country so I'm not supporting this amendment because I think it moves us and territory that can cause North Carolina additional problems and we haven't moved that far in our state yet we have professional well trained police officers in this state and I think that's where the responsibility should lay   Do having any further discussion debate, Senator Griffin for what purpose do you rise?  Just s quick response if I may. You have the floor Senator. It's from room of possibility is far as I'm concerned to have the EMT's is get there before law enforcement and be prepared for what the eventualities might be to me just a good thing, like I said I don't care what the study shows in the end I just think that any study we do should consider all the alternatives that could be available and pick the best set to meet the circumstance that we face in this request did come by the way for me and key personnel. Another request I'm sorry I don't want to mislead anybody sir not the request that the pistol and revolver being there but request that the study be done.  Senator McKissick for what purpose do you rise? See if Senator Hayes will yield for a question. Senator Hayes do you yield? I yield.  Senator Hayes it seems that this bill came up for discussion in health care, this very issue was presented to the bill sponsor as I recall the bill sponsor did not want this language included in his bill. Do you have recollection to that discussion or conversation from health care? I believe you were core caring that day or caring like you say. Mr. President thank you for the question generally don't get involved the content of the study and a long discussion about the bill and what's going forward but I remember Representative Dobson's discussion on this what is that we will do one study if it came back the need for defense was necessary we will then do a second study that was with coming in and I believe the Senator wanted to combine those both in one but his original intent was not, I think that's why these things go to conference and we go through that process of improving legislation moving forward but that would be remember his remarks before the committee.   Follow up Mr. President   Yield for follow up wasn't the bill sponsor opposed to this very amendment? Thank you Mr. President, again as I would state remember that while the bill sponsor did not want to include this in his original bill he wanted to do one study, wait for the results and if they came back in a particular manner, do another study that will come up in the future specifically designed randomly for force. Thank you, speak briefly on the amendment. Senator McKissick you have the floor to speak to the amendment. If the bill's sponsor had wanted this in there I would not have problems or objections with it perhaps, the bill's sponsor didn't and as I recall the bill's sponsor original bill was about allowing simply and strong gone[sp?] or some advice of that sort to be utilized and even when he thought about that and received feedback through the house and from those within the [xx] or other appropriate agencies he decided a study would be more appropriate than even authorizing it. So I think moving forward a study involving lethal weapons is probably beyond the breath and depth of what the bill sponsor wanted and intended based upon his representations when this was discussing health care. Mr. President. Senator Brock, for what purpose do you rise? Speak very briefly. Senator Brock  has rose to speak on the amendment. This will save money, instead of doing two studies that brings us away from our families during the intro where they have to pay us 27 cents from around $104 per day, when we'd rather be at home with our kids and grand kids, just do and pass the amendment and save some money for the people of North Carolina. Do we have any further discussion or debate on the amendment? Hearing none, the question before the Senate is the adoption of Amendment one all in favor will vote aye, opposed will vote no, five seconds will be allowed for the voting, the clerk will record the vote. 36 having voted in the affirmative and 12 in the Negative, Amendment one, is adopted the bill as amended is back before the body. Is there any further discussion or debate? Hearing none, the question before the Senate is passed to Senate Committee

Substitute to House Bill 327 as amended on its Second Reading all in favor will aye, oppose will vote no, five seconds to be allowed for the voting, the clerk will record the vote. 42 having voted in the affirmative and six in the negative, the Senate bill committee substitute to house bill 327 has amended, passes its 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 passed under Committee Substitute the House Bill 327 as amended on its Third Reading, all in favor will say aye?   Aye. Opposed No. The Ayes have it, Senate Committee Substitute to House Bill 327 as amended passes its Third Reading. The Amendment will engrossed to be sent to the House for concurrence in the Senate Committee Substitute. Moving on to Public Bills Third Reading House Bill 44, the Clerk will read House. Bill 44, Local Government Regulatory Reform 2015. Senator Wade is recognized to speak to the bill. thank you Mr. President. Mr. President, I'd like to sent forth a technical amendment. You can send forward your amendment Senator. The Clerk will read Senator Wade move to amend the Bill. Senator Wade is recognized to speak to the amendment. After our debate last week there were several amendments we have made and one was on section 35 with water whales. This amendment deals with the notifications, property owners if they want to put to a wheelin, that the local authorities have to let them know if they are in an area where there's municipal water supply and that they are going to have to connect and if they are when they are going to have to connect. There is also to be noted that, if you are told that there is a municipal water supply and you are going to connect. You can still have the well put in but you might just only use it for irrigation. the second was the transportation section seven, and this was more about bike lanes. That provision has been changed and it establishes a threshold whereby a traffic lane cannot be converted to a bike lane on the state maintained road if either of the only two conditions exist. The first is, that the average daily traffic flow of 20, 000 cars or greater and the second [xx] the level of service on the roadway does not befall before the LOSD as determined by the Institute of Transportation Engineers. Highway capacity manual and the provision removes the DOT Board of Transportation from the process to repairing back for section 13, 14 and 15 we had have taken out fought where the grandfathered and now they stay would just require a 35 baffle and a local they may require more than the 35 baffle and also the vegetation can be removed but it has to be put back with regurgitation that actually might do a there before job than what was there before and that is what all there are in the midlets basically. We have in discussion all debate on the amendment four. Senator [xx] for what purpose you rise?  To debate the amendment Senator you have the floor to debate the amendment. Thank you Mr. President and the members of Senate, with all due respect to the members [xx] this is the furthest thing from technical that can possibly be considered. I'm going to limit my discussion to the opinion battle piece we had a provision last week that dealt with the lower news and the talk palm whether those, those rivals the property owners should be grandfathered such that the can clear scape right to the waters edge. What this amendment does is that now sweeps in, the full news, including Fall lake, the Full Tapam, the Kataba, Random and Lake, the Goose Creep letter shade in the African PD and Jordan Lake. Every one of those water shades now are going to lose the protections they have for riparian buffers. The way the rule works on North Carolina is that the first 30 feet have to be undisturbed. Whatever there is, there is. Trees, and trees are exactly what you need in order to deal with nutrients, it's the root ball on the trees that gets rid of the nutrients that come in from the golf courses are coming from the yards, or coming from wherever the nutrients are coming from. So instead of having what we are having today we are at 30 feet of undisturbed, and then another 20 feet, where the developer can put some kind of planted vegetation, bushes, grasses to help, so

get through try to hold back the sentiments, hold back the nutrients, suck up the nutrients, now what under this provision is, in all of those places I mentioned. The developer can clear right through to the water's edges, clear the heck out of it, and then plant some grass back. It does not define what kind of vegetation needs to be replanted. So now we're going to have substantially more sediment in the water, and then if they plant grass and put fertilizer on the grass now we're going to have more nutrients and phosphorus in the rivers, and this is affecting all those water sources that I talked about. This is the most radical rewrite of protecting our drinking water that has happened in my years of service, and I would wager to bet in the last 20 years, and it's being done in a ''technical amendment'' on Third Reading! This is a terrible idea and it's a terrible way to make policy. I talked with DENA, DENA has not seen this language. DENA met with staff on Friday afternoon and they discussed these issues, and there is some value add of planted vegetation, that's why the current law has 20 foot of planted vegetation in addition to the 30 foot of natural buffer. Now we're getting rid of the natural buffer and only having planted vegetation. So DENA is not on a position to comment on this because they hadn't had opportunity to review it. I would urge the amendment sponsor to withdraw this and see if we can part of the rules chair about moving this to another day, but this would be a disaster for clean water for North Carolina, and if that doesn't happen I certainly hope we defeat the amendment. Senator Apodaca for what purpose do you rise? Motion please. Senator Apodaca you have floor for a motion. Mr. President I move rules please pending in to the end that the staff may join Senator Wade on the floor. Objection [xx]. Senator Wade for what purpose do you rise? To discuss the motion. Miss Senator Wade do you have the floor to speak to the amendment. First I would say that Senator Stan I appreciate your comments, but the vegetation would be only once allowed in zone two so obviously there is specified vegetation. Also so when the staff did talk with Diner they did give us a study that discussed the buffers, and which vegetation did a better job and it's my understanding the 30 feet that we use vegetation grasses and unleashes that actually hold back the nutrients in the sentiment that have been proven by research instead it was naturally there. So I guess we will have to go with the research to this point and I would ask that you vote down the amendment and I though he was in the amendment, he give that as an amendment? Though up the amendment I'm sorry, I got so excited on the sorry, thank you please vote for the amendment Any further discussion or debate? Mr. President Senator Stain for what purpose do you rise? See if the amendment sponsor will yield for a question? Senator Wade do you yield for a question? I will try my best and understand How if right now under current law you have 30 feet of natural state vegetation trees whatever is there, and under current while you have 20 feet of planted vegetation, how is conceivable that clear cutting to the rivers edge and then planning 30 feet would be better than the 20 feet that already exist, a plan to vegetation after there's 30 foot of natural state trees. Senator stain sunken the spoon. The nice thing about this is the local government can come in and add any amount of buffer they would like, so all we can do is go by the research its says in the 30 feet that certain plants to a better job upholding back the nutrients in the sediments and if the local government wants to add another buffer to there, they are certainly welcomed to add another 20 feet. Follow up question? Senator Wade do you yield for follow up? Yes sir, I do. Senate the local government piece, that's 30 feet away from the river's edge and what you're saying is they can add more plants they can't do anything to deal with the undisturbed vegetation that exists today. My understanding is, we don't know how local governments would respond

and you might want to clarify the question Senator Stan. The question is, do the local governments would they have the authority to deny the property owner from cutting existing natural state vegetation in the feet away from 30 feet. Mr. President Senator Stan, the state would have control over the 30 feet and the additional 20 feet or whatever the local government puts on they would have control over Senator Alexander for what purpose do you rise? To talk on the amendment. Senator Alexander you have the floor to speak on the amendment. Pardon my confusion Senator Wade, but last week I had an opportunity to put something in there that allowed the area of the Upper News basin to be excluded from this because the News basin and the Falls lake we have a real pollution problem. I think that the 50 foot buffer that we've got there would be good and I'm confused mum as to whether or not this was taken out of there. Senator Alexander, would you like to ask a question to Senator Wade, or you would like a response? I apologize. Little upset about this. Senator Wade will you allow me to ask you a question? Senator Wade, do you yield for a question from Senator Alexander? I do Senator Alexander, you have the floor. Senator Wade, last week I was able to get an amendment into this bill. [xx] with Jeff Warren, that would exclude the upper news river basin which include Wake county in the Falls Lake, from the exported [xx] to allow us keep our 50-foot buffer, and I was wondering is this been taken out of the bill Ma'am? I believe that provision has been removed. Thank you. Senator Smith-Ingram, for what purpose do you rise?   To debate the amendment. Senator Smith-Ingram, you have the floor to speak to the amendment. Thinking about what my colleague just said about the upper noose[sp?] being excluded, our challenge here is to look at how this affects all of our rivers, all of our streams, all of our sounds[sp?] I know that we think that this is just about the Tar Pan[sp?], but however it goes deeper than that. I have five rivers in my district the Blackwater, the Chowan, the Nottoway, the Meherrin and the Roanoke which all feed into the Albemarle Sound which is connected to the Pamlico, which is connected with the Tar Noose. I don't think that we should support this amendment as it is because the riparian buffer is a threat. It's a threat to healthy drinking water for the people of North Carolina who we should be protecting. Senator Brock, for what purpose do you rise? speak to the amendment? Senator Bragg please speak to the amendment. Thanks Mr. President, what I see from the amendment is that when we're using science for the first 30 feet from the river, using what's the best grass, best bush to use. Sometimes what's there, you would say naturally a lot of this is not natural after what we've done over the years beside the river and maybe it's not the best plan to be there next to the river. So this is about science and what's the best  30 foot buffer that we want to use here, and using this and then the local towns can add more if they want to. But if we look at in the saying that the first 30 feet that what's there now is doing a great job, well we're looking at research and sciences , and this other grasses, other [xx] that if we use would do a better job, not that we're are saying when you clear that and plant the new stuff, the better stuff, that that's going to do a better job cleaning not to worry and for saying the rule force well, most trees root goes deeper and so then allocation later quick runoff Senator Stain is going to roll on to the river where grasses and the bushes they going to have a closer to the surface that are able to catch its nutrients before they did roll on to the river so if we are looking at the science behind this I support the amendment let's not argue with science Mr. President. Senator Stan, for what purpose do you rise?   To see if the bill amendment sponsor will yield to a question. Senator Wade do you yield?   I do. Section 14 of the bill, the part of the bill that deals with repairing buffers at the coast the bill last week was limited to the lower news and the tarpan. Am I right now, that we are changing the way buffer as defined not only on the news in [xx] but the cake here, the [xx], the rubber, the [xx] and every river that flows into the ocean Mr. President, the entire

state, Senator Stan[sp?] Senator Apadaca for what purpose do you rise? See if Senator Hayes would yield to a question. Senator Hayes do you yield? I will yield. Senator Hayes, would you not agree that one of the major problems we have in the mountains dealing with trees or those that fall in the river that are near the banks and block the river? Absolutely. Follow up Mr. President. Senator yield for a follow up. Senator [xx], remember a few years back, I think it's been maybe 10 years now, that the major flooding in Biltmore Forest happened. Town of Biltmore, Senator Vandana I think you remember this and one of the causes of that flood were trees and other item that fell into the river and could not be cleared out because of the rules. Is that not correct? That is correct. Thank you. I support the amendment. There be further discussion or debate on amendment floor.  Speaker. Senator Hayes for what purpose do you rise?  To speak on the amendment. Senator Hayes[sp?] you have the floor to speak to the Just to add to that, not only do you have trouble when these vegetations and others that are large clog up under bridges, clog up on the drainways and others and cause floodings. Having dealt with this for a long time in Western North Carolina, even though I happen to be just on the other side of the eastern continental divide, there is no better way in which government takes someone's property than they declare it a stream buffer. And we've had a lot of discussions about transportation projects and what happens when we walk through. I asked the question, What happens when you have a 6-foot creek running through and all over a sudden the State government comes in and says, Well now 30 feet on each side of that, and 20 feet on each side of that for 106 feet right down the middle of your property? You can't do anything! You can't touch it! You have to put approved vegetation on parts of it. What this does is it allows in these areas property owners to develop their property, to utilize their property and then to replant it with plants others that will protect the waterways and coming forward I would ask for your support.   Any further discussion or debate on the amendment? Senator Woodard, for what purpose do you rise? Speak to the amendment, Mr. President.   Senator Woodard has the floor to speak to the amendment.   I'm delighted to see that we're relying a lot more on science in our decisions here, and I guess that brings me to Section 7 of the bill which I had some conversation with you all about last week. I appreciate the work Dr. Warren, his staff and I know DOT, put into working on an amendment similar to what I proposed. However, I don't believe the amendment gets to the problem that I raised with you all last Thursday afternoon. It's clear from the amendment that Senator Wade has presented tonight that our State Board of Transportation, as I suggested to you all on Thursday, does not want to decide on these road dykes case by case. That's clear, that language is completely gone from here. DOT's weighed in, our Board has weighed in, they do not want to be deciding these. The concern I have about the amendment is proposed in section B1. It's really unclear about the stretch of road to which they applied this 20, 000 car a day by IEDT as it's called, and that language is unclear. I think some wording could make that clear and would make section B1 much better, but then we moved to B2, and in the effort to move, a state board of transportation from this case by case by case decision that was proposed in last week's language this amendment has a staight out prohibition of bike lanes and road diets, if the 20 year capacity on the road falls to a level of service D or below. Well, in fact in many instances, that's exactly what you want to do. It's hard to predict what 20 years is going to bring. Now, we tried to have 20 year road plans and things like that, but then a specific activity on a road, once you place the road diet there, and you had bike lanes in there, you have allowed the road to progress over 20 years, it's hard to project where you going to be, and frankly in some instances, you want to have a level of service D, or a level of service E. I spent some time Friday, and again today looking at a number of the projects that have been in the pipeline, up for these Road Dykes, have recently been approved, some that are pending now. And in most cases you have mature roads, that have already grown and developed. You have schools, churches, neighborhoods, you have small businesses, rarely large businesses, because of that 20, 000 car day threshold, that's where the Walmarts, the Krogers and the CDS's are. That's not the issue, you have mature roads that already

have neighborhoods, churches, schools and small businesses. You want to track folks there you want to make those safe for bikes and pedestrians, that's what helps businesses grow. They've been a number of studies I saw South street in Charlotte, I had a road [xx], and they saw there business increase almost 40% after the road [xx]. All process states seeing where these have worked. This in fact because of awkward wording, I believe, will lead to a prohibition of bike lanes and road dykes and make it more difficult to implement what the intent of this was. I wish we could withdraw this section spend some more time with DOT wordsmithing this because in conversations with DOT staff and with division engineers, they've got concerns about this, things are kind of confusing with the language as proposed. Short of that Mr. President and members of the Senate, I hope we'll vote against the amendment so that we could spend some time trying to fix this. Thank you. Do we have any further discussion or debate on the Amendment? Hearing none, the question before the Senate is the adoption of Amendment 4. All in favor will vote Aye, opposed will vote No, five seconds to be allowed for the voting. The Clerk will record the vote. 29 having voted in the Affirmative and 19 in the Negative, Amendment 4 is adopted the Bill has amended, it's back before the body. Is there any further discussion or debate? Senator Stein, for what purpose do you rise? Sending forward the amendment.  Senator Stein, you can forward your amendment. Clerk will read.  Senator Stein move to amend the Bill. Senator Stein is recognized to speak to the amendment. Thank you Mr. President. This amendment does what we discussed on Thursday. I heard they had an interest in doing something that has a basis of science. I've not read this Army Corp Study, I wager few if any of us have read it. If any of you have read it, I'd be quite surprised. I know Dr. Warren has read it, I commend him for reading it, but I don't think we should be making policy based on what one person who read one study has concluded. I think, what we should do is actually study this issue. And so all this amendment does is it takes out 13 or 14 having to do with the repairing buffers, and it charges the environmental management commission to look at studies, to look at the repairing] buffers and come back to us. Let's actually have a hearing where [xx] presents. Let's have a hearing where the army corp presents, let's have a hearing where geologists present, where farmers present. Let's have a hearing and not make the decision based on one afternoons of meetings between one staff persons and one agency person about a study that frankly none of us have read. I urge you to support the amendment. Senator Wade, for what purpose do you rise? Senator Stein, I appreciate you sending forth your amendment but I would ask Pardon me Senator [xx] for what purpose do you rise? I'm sorry, to speak on the amendment, You have the floor senator. Thank you senator appledocker. I appreciate you sending forth the amendment but I would ask that you vote against the amendment. Do we have any discussion or debate on amendment five? Hearing none, the question before the senate is the adoption of amendment five. All in favour will aye, oppose will vote no, five seconds be allowed for the voting. Clerk will record the vote. 21 having voted in the affirmative and 27 in the negative, amendment five fails. The bill as amended is back before the body, any further discussion or debate? Senator Tacker for what purpose do you rise? Mr. President to send forth an amendment. Senator Tacker you send forth an amendment. The clerk will read. Should be  on the dashboard. Senator Tucker moves to amend the bill. Senator Tucker is recognized, speak to the amendment.   Mr. President, members of Senate, thank you this amendment was brought forward by my friend from Meckonberg county, Senator Jackson, he is concerned about the attitude of the height that bees must fly. He did not want to have beehives regulate and put on top of condo buildings in Charlotte, and so I thought that that was a wise observation and it would affect any urban city that has condos, and so being an outdoors man I wouldn't want bees to have to fly more than a couple of storeys up in the air either. So I put forth this amendment that says that, All beehives shall be placed on the ground and that

could be placed on a parcel, and that these regulations cities may regulate beehives if they're more than five or fewer. So no county shall adopt or continue in effect any ordinance or resolution that prohibits any person or entity from owning or possessing five or fewer beehives. So to accommodate Mecklenburg County and her bees, I put forth this amendment and I ask for your support. Senator Jackson, for what purpose do you rise? To correct the record, and speak on the amendment. Senator Jackson, you have the floor to speak to the amendment. I do support the amendment and I thank Senator Tucker for spurturing this amendment the attitude of this is something that is beyond my competence, my concern was that what the original language of the bill said was that? You could no longer regulate anywhere in the State, you could no longer say that you cannot just five or more beehives and it just struck me that representing all of uptown Charlotte there are lots of buildings where its reasonable to limit all the occupants to five beehives. I think that's enough for you have a tireless scandal so this bill allowed in this amendment fixes that problem and I do urge you support it, thank you. Senator [xx] for what purpose you rise? Speaker on behalf of the base Senator [xx] you have the floor to speak on the amendment Thank Mr. President I'll just make it [xx] that we don't like our little friends, the honey bees that help pollinate our beautiful flowers, and plants, and trees. You don't want them in the city, so I think that's it's just a shame, I know you don't have many trees and flowers as much as we have out in the country trees out in the country, but thinking about this and thinking when I was a kid that the times I got to who come up here in Riley in the Science museums to see the beehive that was in the state museum. It wasn't on the ground, it is a few storeys up in the Science Museum you can see the bees flying and see how they interact in their hives, and watch them make them make honey. And now here we are robbing all the children of North Carolina to see how beehives operate. I think it's a bad amendment, Senator Tucker, I know you did it for Senator Jackson, but on behalf of science and for people in the city, North Carolina cities to let them understand about our bees I think we should vote down the amendment. Senator Apodaca  for what purpose do you rise? Senator Tucker, yield for a question. Senator Tucker, do you yield? Yes Sir, I do. Senator [xx] wouldn't you think this is a protection for bees? Absolutely, that's the whole reason for the bill, it's to protect bees and not to make them fly so on air that they may be able to pollinate Senator Brock's farm that his family has had for 150 years. Senator Ford for what purpose do you rise. To see if the sponsor if the sponsor will yield for questioning. Senator Tucker will you yield it? Absolutely senator Ford, senator Tucker thank you very much, I'm trying to get my colleague over here to answer a question but I do have what I think is a legitimate concern, the rich Carlton in Charlotte prides itself on having beehives and creating such a wonderful honey. Will this amendment prohibit them from have enough bees on top of the rich Carlton and the city of Charlotte. Yes sir, it would not allow them to have that and senator Ford, you being a bee expert that you are know that a bee hive on top of a great Carlton is so hard up there and you would want to behave in the shade so that they could do a better job of making honey, so this will not allow them to have that beehive off on that roof. Mr. President thank you. Senator Pate for what purpose do you rise? To see if Senator Tucker would yield to a question. Senator Tucker, do you yield? Senator Pate, yes sir. Senator Tucker, I know that you'd have a air conditioning business in Union County. Have you arranged to have an air condition unit designed for a beehive? Senator Pate, I have not. I leave the air conditioning of bees, like Senator Jackson leaves height of how high a bee flies to God. Thank you. Mr. President. Mr. President. How sure are you want to carry this on. Mr. President. Senator Barringer, for what purpose do you arise? I can answer Senator Pate's question if I may be allowed to. Senator Barringer you have the floor. I grew up with a father who raised bees, and I can tell you all kinds of stories

about him, and how it was really tough being a teenager, with a dad who would get in to what looked like a, a Darth Vader suit and go and capture beehives for our farms. But what happens is, bees are actually natural air conditions. When a fire or when a high gas on fire or if my dad arrives in his outfit with a smoker, and those bees smelled the smoke, they ate all the honey they could because they never knew how long it would last, and they would increase there, they would flap their wings in create coolness in the high, and so that is the answer to your question, nature does take care of that. Senator Mckeisick for what purpose do you rise? To see if Senator Turker will yield for a question.  Senator Turker do you yield. Yes I will. Senator Turker, I happen to be reading a newspaper article over the weekend where the city of Asheville had received the distinction as a B City in the USA, very few which received that designation, because they were going t allow new beehives on top of the Rinner Sands Hotel, in Asheville, and the thing I'm wondering I Didn't realise they had something down at the Richcolton in Shatel, but would you be willing to consider a narrow exception for high rise hotel type property in these urban areas where those bees aren't going to get in anybody's way, way up there on the roof because it seems to be a movement of foot to increase the by having this try of urban beehives in the city areas, I mean, I don't have one in [xx], but when I read that in the newspaper I wonder if maybe there is some merit in perhaps allowing a narrow exception for those type of circumstances. Mr. President. Senator Kissick. Yes I really don't want to say you want to accommodate the reeds the culton[sp?] you want to accommodate the [xx] if you will discuss it incurus with Senator Jackson I will I'll be glad to withdraw the amendment and move forward to eliminate any further discussion tonight we'll work it out. How about that? Sounds good Senator Tucker are you withdrawing the amendment? On behalf of the bees, yes Senator Tucker withdraws amendment six, the bill as amended is back before the body. Senator Daniel, for what purpose do you rise? To make an announcement out of order. Senator Daniel you can make your announcement out of order Just wanted to advice the body of the house is adjourned already. Senator Mc Innis for what purpose do you arise. Point of personal preference is out of order. Denied Senator, let's move on with the bill here bill You want to speak, or would you like to speak to the bill? Yes sir. Senator you have the floor to speak to the bill. Thank you very much. Just want to let everybody know this year's has established by United State Congress June the 15th-21st is National Pollinator week we need to be very conscious to the power [xx] folks because they will die of trouble and anything we need to do help them we need to do, thank you. Senator Ford for what purpose do you rise? Sent forth amendments. Senator Ford you can send forth the amendment. The Clerk will read Senator Ford move to amend the Bill. Senator Ford is recognized to speak to the amendment. Thank you very much Mr. President. Ladies and gentlemen of the senate, this is a friendly amendment to the bill sponsor, this is dealing with the section notice to property owners prior to construction about this last week and there are several exceptions that I would like to get put into the bill, one having to do with construction that's in full repair for emergency purposes, two the property owners request action of the county that requires construction activity, three the property owner consents to less than 30 days notice, I recommend the amendments to you. Senator Wade for what purpose do you rise? To speak on the amendment. Senator Wade has the floor to speak to the amendment. Thank you Senator Ford for drawing my attention to that last week and I ask that you support the amendment. It's a good amendment. Thank you. Senator Gun for what purpose do your rise?

See if Senator Ford will yield to the question. Senator Ford do you yield? Yes, Sir. Does this in any way pertain to the construction of beehives? No, Sir. Do we have any discussion or debate on the amendment? Hearing none, the question for the senate is the adoption of amendment seven on favor of vote I, oppose vote no, five seconds will be allowed for the voting, clerk will record the vote 48 having voted in the affirmative and 0 in the negative, amendment 7 is adopted, the bill as amended, is back before the body, is there any further discussion or debate? Hearing none the question before the Senate is the passage of senate committee substitute to House bill 44 as amended on its third reading. All in favor vote Aye, opposed will vote No, five minutes the bill is out for voting, the clerk will record the vote. It's time No, 33 having voted in the affirmative, and 15 in the negative, Senate committee substitute House bill 44. Mr. President? Senator Smith Ingram, for what purpose? Change my vote from aye to nay? Senator Smith Ingram changes her vote from aye to no, final count is 32 to 16. So 32 to 16 has found number the, Senate committee substitute House bill 44 passes its third reading as amended. The amendments will be engrossed and they'll be sent to the House for concurrence in the senate committee substitute. Mr president? Senator [xx] for what purpose do you rise? Mr. President if I may on House bill 327, I'd like to change my vote to reflect aye? Senator [xx] changes vote to aye on 327 final count? 43 to five. Moving on to concurrence in senate bill 301, clerk will read. Senate bill 301 DOT purchase of contaminated land. Senator Meredith is recognized. Thank you Mr. President, I would everyone concur with the bill, please vote yes, thank you. Senator Meredith, as you concur, do we have any discussion or debate? Hearing none, question for the senate is the motion to concur in the house committee substitute to senate bill 301 all in favor of vote aye, oppose of vote no, five seconds will be allowed for the voting, clerk will record the vote. Stain aye, Jackson aye, Ford aye, Well aye, Tucker. 46 having voted in the affirmative for Senate Tacker. Senate Tacker which way do you vote? Aye. 47 having voted in the affirmative and one the negative the senate concurs in the house bill substitute to senate bill 301 it will be enrolled and send to the governor. And that wraps up our calendar for to today, and this time we would like to introduce our pagers for the weeks. So pagers if you make your way around to the front here? pagers serving in the chambers. Kate Benson Riley, [xx] Blackban [xx], Evan Bar Wellington, [xx] Rockenham, Chairman Clark, Ballington, Greg Color, Clayton, Katherine Cocks Burlington, Danger Elles, Lorna Griffin's, Ethany[sp?] Grams Larry, Lacy Margaret Hurd Wellington, [xx] Jones move forward, Angela Lane pleading, Jude Megan Wellington, William Martin Wellington, Isabelle [xx], Fredrick [xx], [xx] Morris [xx], Emily Morris [xx], [xx] Christopher Pels Second Vinton, Matthew Pinard shallop, the Shaun lender warp, Chapel Hill EMOU[sp? Lines Steathler, Cornelius, Stephanie, Shuppel[sp?], Goldboro, Holistate[sp?], Inter Pages we thank you for taking time out of your summer to service in the senate this week and we hope

you have a great time with us and thank you so much. Senators this time I'd like to recognize our doctor for the day who sneak in there after we started. Doctor Richard Edelman of Rally is here. Doctor Edelman joining us in the Senate today. Do we have any notices or announcements? Senator Blue for what purpose do you rise?   To make an announcement Senator Blue you have the forward for your announcement Thank you Mr. President [xx] immediately after session for what purpose do you rise? An announcement You have the forward Senator. Just a reminder tomorrow morning base preparations will be meeting at 8:30 you should have your budget delivered to you some time tonight I think or in the morning, I think it's the night. It's my understanding so please bring that with you tomorrow morning to the meeting as we talk about the budget. Any other [xx] or announcements, any further business that come forth the senate? Now the Chair recognize Senator Burger for a motion. Thank you Mr. President a short announcement before I get to the motion. Now members we're going to adjourn to 9:30 in the morning, that would be a skeletal session, at that skeletal session, we will recess until 2:00 which will likely will be another another skeletal session. I don't think we'll have any votes until after all the committees are done with the budget tomorrow which may very well be after 4 O'clock tomorrow afternoon but we'll know as we move along, just pay attention to your emails and we'll make sure we try to update everybody. Mr. President with that I move that the senate be now adjourned subject to the standards and stipulations set fourth in rule 24.1, the appointed of conferees ratification of bills receipt of house messages to reconvene on Tuesday, June 16th 2015 at 30 a. M. The motion to the senate do now adjourn so do the stipulation stated by Senator Bulger to reconvene Tuesday, June 16th at 9.30 A. M. Seconded by Senator Clark. All in favor say I, I. Opposed no. The I's have it. Senator Stands adjourned.