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Senate | June 23, 2015 | Chamber | Senate Session

Full MP3 Audio File

Senate come to order, sergeant arms close the doors are members go to their sits. Members and guests in the gallery please silence all your electronic devices. Leading the senate in prayer is the Rev. Peter Miller, the senate Chaplin. All members and guests in the gallery will please stand. Let's Pray. Lord thank you for this opportunity to serve, to serve you, to serve the citizens and be co-labors in the fields of our states history. Thank you for this new day. Thank you for these opportunities. Lord in this place of importance, help us to become great by being small, help us to be wise by being willing to ask you for help. We desperately depend upon you, for praise and for mercy oh Lord. And so give us this courage this day to your light in this field and to shine that light in this place. It's in Jesus name we pray, amen. Senator Berger is recognized for a motion. Hey Mr President, the journal of Monday June 22nd 2015, has been examined and is found to be correct, I move that we dispense with the reading of the journal, and that it stand approved as written. Without objection the journal for June the 22nd stands approved as written. It seems we have leaves of absence granted today for Senators Meredith and Van Duyn and Senator Woodard. Senators will also have courtesies of the floor extended this week to Joe Alcoke[sp?]. Joe is a rising fifth grader from NewBurn and the grandson of Senator Sanderson, Joe welcome back to the Senate We do have a nurse of the day with us today as well Crystal Ressam Hale from Williamson is here, nurse Hale please stand to be recognized, thanks for joining us in the Senate. Mr President. Senator Apodaca for what purpose do you rise? Motions please. Senator Apodaca you have the floor for you motions. Mr President, House Bill 640 Outdoor Heritage Act, I move it to tomorrow's calendar please. Without objections so order. Mr. President House Bill 766 Amend CBD Oil Statute move from today's calendar and placed on to tomorrows calendar. No objection so ordered. Mr. President House Bill 289 Money Transmitters Act remove from days calendar, re-refer to committee on commerce. No objections so ordered. House Bill 356 NCUC regulatory changes currently in Committee on Commerce re-refered to the Committee on Finance. Objection so ordered. And House Bill 288 Insurance Technical Changes removed from the days calendar, place it on tomorrows. Objection so ordered. Senators upon the motion Senator Alexander of Wake County, the chair is happy to extend courtesies of the gallery to Voitex[sp?] Zaber, Director of the Evangelical School theology in Wroclaw Poland, and his daughter Toucher[sp?], and son Tony and Wife Madeline. They're with us in the gallery please stand to be recognized, thanks for joining us today. Upon the motion Senator Davis of Haywood County the Chair is happy to extend the courtesies of the gallery to Morgan Billick, serving as honorary intern this week along with Jane Billick[sp?] with us please stand to be recognized. Mr. President Senator Apodaca what purpose do you rise? Mr. President we can't keep this pace up hearing bills at this moment, so can we take a 20 minute recess please? You really want 20 minute recess senator?  Yes sir Alright, senator let me do a couple of courtesies here and then we'll move to recess, upon the motion of senator Smith Ingram of North Hampton county, the chair is happy to extend courtesies of the gallery to the teachers, teachers assistants, education support professionals and administrators of North Carolina Association of Educators,

if you're with us in the gallery please stand and be recognized, thank you for joining us. Mr. President? Senator Brown for what purpose do you rise? An announcement. Senator Brown you have the floor for announcement. Republicans will caucus during recess. Senator Blue for what purpose do you rise? An announcement. Senator Blue you have the floor for announcement. Democrats will also caucus during recess Senators upon the motion, of Senator Waddell of Mecklenburg County the chair is happy to extend courtesies of the gallery to the chair of Mecklenburg Association of Educators. If you're with us in the gallery, please stand and be recognized as well, thanks for joining us. The senate will stand in recess until 2:32, 2:32. Senate will come to order. Reports of standing committees. Senator Davis, for what purpose do you rise? Send forth the committee report Send forward your report. Thank you Mr. President Clerk will read. Senator Davis, was stating, J Davis, for state and local government committee submits the passage. Directive report number one. House bill 55, Public Exhibit for Firework NCSU, favorable. House bill 469 Sunset Beach Parking Meter Proceeds favorable. House bill 55 calendar, house bill 469 has a sequential referral to the finance committee. Members we are ready to go to the calendar now. House bill 652 the clerk will read. House bill 462 Right to Triact[sp?] for Terminally Ill Patients. Senator Hise is recognized to explain the bill. Thank you Mr President, members of the senate the bill that you have before you House Bill 62 simply allows patients under the recommendation of their doctor who are terminally ill and have a terminally ill diagnosis. To try medications that have completed phase one of the FDA trials, which are the trials related to safety of the medications that are coming forward to try to give some hope to these individuals and hopefully give them something that may be allowed to save their lives that doesn't exist under current medications, this gives those people with those diagnostics an opportunity and a chance for something to work and I would ask for your support and I'd be happy to answer any of your questions. Further or debate? Hearing none, question before the senate is the passage of the committee substitute House Bill 652 on its second reading, all in favor will vote aye, opposed will vote no, five seconds to be allowed for the voting, clerk will record the vote Berger aye, Senator Brock aye, Senator Lowe aye, Senator Clark aye. 47 having voted in the affirmative, and none in the negative. House Bill 652 has passed its second reading and will without objection, be read a third time. North North Carolina dealing with [xx] Act. Is there further discussion or debate? Hearing none, the question before the senate is the passage on third reading of the Committee Substitute House Bill 652. All in favor will say aye, Aye. All opposed no. The ayes have it and House Bill 652 having passed its third reading will be enrolled and sent to the governor House Bill 148, the clerk will read. House Bill 148, [xx] required for more [xx]. Senator Apodaca, anything further on that? further discussion or debate on House Bill 148? Senator Bingham for what purpose do you rise? To debate the bill. You have the floor. Thank you Mr. President. Ladies and gentlemen, the senate, although Senator Apodaca and I disagree on this and I just wanted to share some information with you concerning this. Though it was reported that you

could get, insurance, ornopias, most have [xx] this ornopia drivers have a history of 1DWI etc. But primary loss and lubrication[sp?] in North Carolina alone that's 296, 539 people who have permanent [xx] I could not get a quote on the insurance from TDA, from companies on permanent last navigation, one [xx] $200 and I think this what was [xx] a friend of mine who runs a [xx] dealership in Ashway and they say I have sold many, many, many all this malpedis, malpedis [xx] are male or have seen for me [xx] appears made in China and as far as I'm concerned they're junk. In other words what you are paying for which is little or nothing but hard to make some I have already rapid a book quality machine and I ask him the question about the number people that [xx] those in what they did with them and they knew about him. They had one gentleman, and I know this is rhetorical, but it ain't ready. Had one gentleman that was disabled that run to and from work to klaussner furniture companies [xx] Senator Tillman I know you're familiar with them. They sell several editors college students living outside the campus, driving to and from university etc, but the issue is going to be 296000 people that have permanent revocation. A permanent revocation is going to be where you cannot get a [xx] or very difficult to get a [xx] insurance and I personally know two people in my area who drive a moped and have and whether there's cold weather or hot weather or whatever they go to work, and they use a moped to get there. I know I have talked to Senator Apodaca about possibly coming up with some idea or means of accommodating these people with permanent revocations. The system is outdated, it takes approximately five years, even with the inner lock system where you blow and you can drive a car or some vehicle of some sort, but if we did surely with the technology as we have the day we could come up with something that will be suitable and give these people an opportunity to get to and from or be a contribute to well being in and support the family [xx] am not worthy [xx] proposing speaking against this bill we all have and we all pay a minimal uninsured motorist bill now and I think all of you would know that if you have some type of an accident with a moped, against Senator Buggers bill. I think the moped but it anyway Senator Apadoca I do hope that you allow for some opportunity for some type of scientific information how we can improve the way in which people could get, or have an opportunity get back on the high way with something other than a damn mob head and drive a car that would be safer. I know senator Brown several years ago found that motor cycle riders and I think there's more than two others in the chamber that ride. Senator Davis and I know this but you ran a bill which I greatly appreciated those marines coming back, we feel this and I know I've gotten in trouble  myself, for the young age on the motor cycle, will be easy to get two or three [xx] [xx] at a time, when you feel that when you do that, you'll have a permanent revocation and the rest of your life in it and probably it gets years and years to get those licences restored, so I am just saying that any people that ride these aren't just drunks and I have one other data that I wanted to share with you. This is the number of the mopeds involved in crashes, this from 2009 to 2013 obtained. There was 3428 crashes. 90% of these were not involved in alcohol they

were not charged with alcohol related and 397 or 10% of these were, so I know Senator Apodaca you mentioned it, a lot of these folks do in fact use their moped and they're definitely alcoholics but this indicates that that is not the truth but I know it's some data that you have for see it. Thank you, Mr. President, ladies and gentlemen, Senates I would be glad trying to answering questions. Further discussion or debate. Senator Apodaca for what purpose do you rise? speak on the bill. You have the floor. First I'd like to answer Senator Mickissiki question from last week, the minimum coverage, the minimum liability coverage is set by articles nine, eight and 13 of chapter 20 is 30, 000 for death and injury to one person, 60, 000 for death and injury to two or more persons, $25, 000 for property damage of one accident, that's the minimum liability standards. Regarding cost, DOI indicates that that should range from a person who has no points of $80 a year to someone who has one data of $380 a year. I didn't get a quote on permanent [xx] revocation because I don't think they will be able to be covered. DOT study from 2014 included comprehensive crush cost in North North Carolina go well into the hundreds of millions of dollars, many of these initiated by mop heads. Study show that morepads[sp?] drivers are frequently at fault in the accidents with cars yet they don't require them to have insurance in fatal accidents the more paired was For 50% of the time in non fatal, mop head driver was at fall 36% of the time. Study looked at North Carolina and 30 other states 21 out of the 32 states survey required liability insurance and DOT has recommended that insurance be required from mop heads. And study show that mop head drivers are much more dangerous than other drivers including motor cycles. A study done by Wake Falls Practices Medical Center concluded that mop head crashes involve significantly higher alcohol another crashes. 39% verses 24% cars and 24.8% the motorcycles. It was categorized as a significant public health concern, 2011 study from Carolina Medical Center likewise concluded that mop head operations in collisions are often intoxicated at the the time of injury and will represent. a significant public hazard. Half the more paired operators in crashes same by Carolina Medical Center had been drinking. 45% had a previous data [xx] and 71% of those were repeat of offenders. Those are the statistics I ask for your support. Further discussion and debate? Hearing none and the question for the Senate the passage of third reading of committee House Bill 148 all in favor will vote aye all on oppose vote no five seconds to be allowed for the voting clerk will code the vote. 41 having voted in the affirmative and six in the negative House Bill 148 as passed it's third. Mr. President. Senator Robinson, what purpose to do arise? Change my vote to no. Robinson aye to no. Mr. President Mr. President,  sorry Senator Wadell, I am sorry, Senator Wadell Changed my votes to no. 39 having voted in the affirmative and eight in the negative, any other changes? 39 in the affirmative, 8 in the negative, House Bill 148 has passed its third reading and will be enrolled and sent to the governor. for concurrence, Senate Bill 423 the clerk will read. Senate Bill 423, foster care family act. Senator Baring is recognized. I recommend that we all

concur in this bill, I ask for your vote. This is the Bill that will allow children, your foster children to be part of the family that will be able to on field trips, and be part of other normal childhood activities, I want to thank my sponsors with me Kathy Harrington, Senator Tucker, the chairs of the Health and Human Services Committee and all the rest of you who have voted on this before I ask for your support. Senator Waddell, I think your microphone is still on. Thank you. Further discussion or debate. Hearing none the question before the Senate is the motion to concur in connection to Senate Bill 423, all in favor of concurrence will vote aye, all opposed will vote no. The sponsor asks that you vote to concur, five seconds to be allowed for the voting. Berger aye. Senator Lou, aye, Senator Rabin aye. 47 having voted in the affirmative and none in the negative, the motion carries and the bill will be enrolled and sent to the Governor. Senate Bill 462, the clerk will read. Senate bill bill 462 Public Authority Non Profit Corporation. Senator Hartsell is recognized. Thank you Mr. President, members of the Senate I'd recommend that we concur, I think the House changes were beneficial to the bill, make it a better and stronger and more partly crafted one. Other discussion or debate? Hearing none the question before the Senate is the motion to concur in the House Committee substitute to Senate Bill 462. Bill sponsor asks that you vote to concur, all in favor will vote aye, all opposed will vote no, five seconds to be allowed for the voting. Clerk will record the vote. Berger aye. 47 having voted in the affirmative and none in negative, the motion to concur passes. The bill will be enrolled and sent to the Governor. Senate bill 478, clerk will read. Senate Bill 478, inter state tuition for certain events fed program Senator Brown is recognized Thank you Mr. President. The only changes the house made were just technical to make sure the bill allowed the federal regulations. It's about time we did this institution for our events this bill and I'd ask that you concur. Further discussion or debate? Hearing none the question before the Senate is the motion to concur in the House Committee Substitute To Senate Bill 478. All in favor will vote aye, all opposed will vote no. The sponsor asks that you vote aye. Five seconds to be allowed for the voting, clerk will record the vote. Berger aye. 47 having voted in the affirmative and none in the negative. Senator Apodaca, for what purpose do you rise? Mr. President, we need to send that special messenger please. Without objection the bill will enrolled and sent to the Governor by special messenger. Senate Bill 573, the clerk will read. Senate Bill 573, Transition Certain Abuse Investigation/DCDEE who is prepared to explain this one? Senator Barringer is recognized. This is number 578? Yes. Oh, thank you! Yes I recommend that you concur we change the word subjection to sub-section, it was a typographical error and I'm embarrassed that I sent one over there that way, I didn't want any technical corrections, please concur. Further discussion or debate? Hearing none, the question before the senate is the motion to concur with the Committee Substitute Senate Bill 578. All in favor will vote I, all opposed will vote no. The sponsor has to vote aye five seconds to be allowed for the voting, clerk will record the vote. Stein aye, Berger Aye. 47 having voted in the affirmative and none in the negative, the motion carries, and the Bill been rolled and sent to the governor. Conference report for adoption Senate Bill 333, the clerk will read. Senate Bill 333, Teacher Attrition Data. [xx] check this record thank you Mr. President the concern that confidential teacher performance information could be inadvertently released has been adequately addressed and I ask for your support. Thank you. Further discussion or debate. Hearing none requesting for the senators passage of conference report to the senate bill 333. The sponsor ask

that you vote aye, all in favor will go to aye, all oppose will vote no, five seconds will be allowed for the voting. Clerk record the vote, [xx] Senator Staner[sp?]. 47 having voted in the affirmative and none in the negative. So the conference support is adopted, the house will be so notified. The bill will be enrolled and sent to the governor. Members since we were not here last night, we did not have an opportunity to have our pages introduced I would ask that the pages come around for their introduction clerk will read The pages serving the chamber this week, Josey Brett[sp?] Muesta[sp?] Western Salam, Britney Barnett, Lambiton[sp?], Hyden Keith, [xx] Jeffrey Condry, Jacksonville, Justin Condry, Jacksonville, Haley Corner, Jacksonville Proctorville, Jacob Eller, Herring, Megan Evans, Princeton, Gray Gutsen Jackson bill, Andy [xx] history, Christine Hughes, Mathews Greenboro. Watson Lander, Burnington. Walter McGrady, Sneedsfairy, Matthew Mince, Ashe, Jesse Norren, South Port, Elizabeth Mills River, Hannah Philips, Hillsborough, Will Rodgers, Winston-Salem Madison Tailor Riley[sp?] and [xx] Pages, we welcome you to your North Carolina Senate. We hope you enjoy your week. Make sure you have, you take the time to say hello and spend a little time with the sponsor. Hope you have a good time, I think you'll learn learn a lot, I know our members generally learn a great deal from the pages. So thank you. Ratification of bills for [xx] clerk to push the following bill duly ratified for presentation to the Governor. Senate bill 478, an act to make certain veterans and other individuals entitled to federal educational benefits on the 38 USC chapter 30 or 38 USC chapter 33 who enroll in any of the state's public institution of higher education, eligible for instate tuition by waiving a 12 months state residency requirement and to repeal the requirements regarding the yellow ribbon program Notices and announcements, are there any notices or announcements? For further business to come before the senate Mr President Senator Smith I've asked for a moment of personal privilege if this is the appropriate time? You have floor. Thank you Mr. President, Members of the Senate, you have on your desk the senatorial statement. Two weeks ago. County and the Lumbee tribe suffered a terrible loss when Jimmy Goins was killed in an auto-mobilized accident Mr Goins was very instrumental in forming the tribal government, and in developing the Lumbee constitution he served two terms, as Lumbee travel chairman, and during that term, increase the assets of the have tremendously, added a veterance organisation, dealing a lot with the boys and girls club, and it was just a tremendously trouble leader, we just want to remember, Mr Goins and his service and leadership, to the Lumbee tribe, and Jirovency county, thank you. Further notices or announcements. Mr President. Senator McHeni-y with a purpose will you rise. I rise also to remember chairman Jimmy Goins with Lumbee tribe representing Scotland

county as everybody knows and we have a lot of members of the tribe there and he's leadership was significant throughout North Carolina in all counties that the Lumbee Indian nation is represented, I just want to remember him as well. Thank you sir. Mr President. Senator Smith-Ingram for what purpose do you rise? A moment of personal privilege. You have the floor. Earlier we acknowledged a courtesy of the gallery to the NCAE North Carolina Association of Educators. It is this time of year that teachers like myself are truly appreciated during summer vacations when our children instead of being in school for eight hours, they're running around in our homes, we're having to feed them also some allowance, and it looks for challenging and insightful opportunities for them during this summer time, so if we could just pause and acknowledge what they do year round to invest into the future that we have in North Carolina, and that is our students. So thank you to the, according to the DPI statistical profile, thank you for the 94, 566 teachers that we have in North Carolina, and 22, 505 teacher assistants and hopefully we would do what we need to do so that we can keep them invested in North Carolina and in our future. Are there further notices or announcements? Is there further business to come forth the senate? If not, senator Payneis recognized for a motion. Thank you Mr. President, I move that the senate do now adjourn subject to the standards stipulation set forth in senate rule 24.1, the receipt of committee reports, the appointment of camphreys, the ratification of bills, and the receipt of house messages, to reconvene on Wednesday June 24th 2015 at 2 PM. The motion is the senate do now adjourn subject to the stipulation stated by senator Payne to reconvene on Wednesday June 24th 2015 at 2 PM, seconded by senator Alexander, all in favor will say aye? All oppose no, the ayes have it, the senate stand is adjourned.