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Senate | June 25, 2015 | Chamber | Senate Session

Full MP3 Audio File

senate will come tomorrow Sargent at arm are asked to close the doors, members to get to their seats members and guests in the gallery will please silence all their electronic gadgets. [xx] to lead senate in prayers is reverend Peter Milner senate chaplain. All members and guest will please stand. Lord you are our refuge and strength, a very pleasant health sometimes in trouble even when we see the earth giving way the mountains, leading to the sea and the water drown from, you are God. Guide us today our faith. Guide us by your ever burning frame of light and we pray in Jesus name. Amen senate Page is recognized for a motion. Thank you Mr president the, journal of Wednesday June 24th 2015 has been examines and is found to be correct. I move that the Senate dispense with the reading of the journal and that it stands approved as written. Objection on the journal for June 24th 2015 stands approved as written.  Members leaves of absence are granted those of senator who merited  and Robinson today. Members of the Senate we have a nurse for the day, she is in the back of the chamber, nurse Ron Dedecca of Raleigh North Carolina and is here to help us today, nurse Decca thank you for your service members you have heard the motion of senator James Smith of Robinson County she is happy to extend the courtesies to the friends and family of Julian Peers, Dr. Robbin Comings UNC Pembroke chancellor Joshua Malcolm, UNC Pembroke lead council, Kelvin Jacobs UNC Pembroke deputy council Harvey Goodwin Jr., Cody Eaglehorse Godwin When West Godwin Dale Gee Dees, Lydia Locklear Christopher Chavis and Greg Richardson Executive Director of the North Carolina commission of Indian affairs, if you're in the gallery if you please stand, and they must be over in the House chamber. Ratification  of bill. The clerk will read enroll bill, enrolling clerk report the following bill duly ratified for presentation to the governor. Senate on the bill 88 an act Luthern Paul the speeds in North Carolina will fill this commission. Senate bill 174 an act will urge that the city will move to Middle East from the department of transportation, department's interest in a portion of performance at CSX transportation real quarter within the limits of that city. Senate Bill 284 an act to extend the sunset provision on the authority granted to counties and cities to use special assessments to address critical infrastructure need and to shorten the number of annual installments. Senate Bill 455 an act to enact the divestment act, House bill 55 enact to remain the law regarding private technique exhibition authorized by north Carolina state university. Reports of Senate committees for what purpose to rise. Mr. President, send forth a committee report. Send forward your report clerk will read. Senator Tillman for the finance committee submit for passage House Bill 266, City of Lenoir/Satellite annexation, favorable. House Bill 400 Town of Mint Hill/annexation, favorable House Bill 41, Town of Andrew de-annexation, favorable. House Bill 412, Committee Substitute number one, City of Dunn annexation, favorable, House Bill 426 town of Weldon, de-annexation, favorable. House Bill 526 committee Substitute  number one town of Norwood de-annexation, favorable.

House Bill 266, House Bill 400, House Bill 411, House Bill 412, House Bill 426, and House Bill 526 calendar. Senator Davis for what purpose do you rise? Send forth the committee statement. Send forward your report. Thank you Mr. Pesident [xx] Senior Davis J. Davis who stayed in local government committee semester passage house bill 3.2 zoning recreational land rate [xx] bill favorable calendar, other committee reports. Members we will now go to the calendar for today second reading local bill house bill 307 the Clerk will read. House bill 307 irregular and [xx] use for certain fee. Any discussion or debate on this local bill? Hearing none question for the senate is the passage of house bill 307 on it's second reading all in favor will say aye, all oppose will say say no. The ayes have it and house bill has passed its second reading and will without objection be read a third time. North Carolina general assembly enact. Is there further discussion or debate? Hearing none question for the senate is the passage on third reading of house bill 307 all in favour will say aye all oppose no the ayes have it and house bill 307 has passed it's third reading and will be enrolled. Public bill second reading roll call house bill b356 Clerk will read. House bill 356 NCU direct fee changes. Senator Richards is recognized to explain the bill. Hank you Mr. President members of the Senate, this provision is identical to what we had in the senate bill H97 which was the appropriations act unfortunately it is time tentative in the utility commission needs this change to be able to continue with their budgeting. It is a respond to the actually is a setting of a fee which is done on a normal basis by the general assembly on utility commission rates and it is a response back to last year's decrease in the telecommunications provider's rate and so at this point it just provides the necessary resources for the public staff and the utility commission to continue doing it's work. I ask that you support This bill, it was well discussed in finance and everyone seems to be satisfied. Further discussion or debate? Hearing none the, question before the senate is the passage on second reading of house bill 256 those in favor will vote aye! Those opposed no! Five seconds to be allowed for the voting. The clerk will record the vote. 47 having voted in the affirmative and 1 in the negative, house bill 356 passed its second reading and will remain on the calendar. Public Bill second reading, house bill 255, the clerk will read House Bill 255, Building Code Reg. Reform. Sen. Brock's recognized to explain the bill. Thank you, Mr. President. We had a good discussion of this try inform yesterday. We've worked on this bill for a long time and it's identical, well, almost identical to the bill that we introduced the Senator McInnis and I we introduced I can go through each of the sections if you want to as unanimous as yesterday and environment, look at the analyses and the compliance as to building code, inspections requirements to make sure that together that we have the same people working on the same code book, we have a study which is probably one of the most important things we have which in part key in the bill, which is to make sure the procedures and we are doing this together to make sure that policies we have in the state identical so we don't have great degree if there [xx] between the areas. About three years to fortify misconduct for officials but force is rising the threshold which last time that was held for a building project was probably in the 80s from 5000 and 15000 Often that's just right now start to get a small project kind that cost, 1 part that we've talked about and Senator Tucker is going to offer and name it, is creating a subcommittee at the Domingcode council, this is just a subcommittee not a full

committee, so whatever come from this committee will still have to go before the full committee with all the interested parties, and I believe senator Tucker is going to run and name it on that section, the council requirement for the passage on the whelm 7 would be the inspection fees for only for activity sisters back to a court case where inspection fee will actually above and beyond what is required for local governments to run the department, and if it's above what's required is no longer a fee it's a tax and so we have to get them back into the real cost. Number 7 is to timely matter and 8, is 1 last section which probably got the most comments yesterday, scenario county there was someone who wanted to build I can stand inside of mall and the way we currently have the statute written they would have [xx] seal for the entire mall project instead of just an ice cream stand. It will still meet all the inspection for it to be compliant but it will not need a seal of from an architect and with that that's the short version of the bill. And I believe Senator Tucker has an amendment to make things whole further discussion or debate? Mr. President. Senator McKissick what purpose do you rise? To ask Senator Brock a question, but if Senator Tucker was about to run an amendment, Are you going to do that, sir? I can wait the amendment's run. That's fine. Senator Tucker, for what purpose do you rise? To present an amendment. Send forward your amendment. It should be on sponsor. The Clerk will read. Senator Tucker move to amend the bill. Senator Tucker is recognized to explain the amendment. Ladies and gentlemen of the Senate, really one of the only questions that team up during committee on this Bill, was the fact that there was no one from the Building Inspection on the committee and so we chose this amendment simply allows someone, it will have a Fire Service representative, a County Building Inspector and a licensed electrical contractor on the residential County Council. So, that would add value to the representation on that board and so we've chosen to amend the Bill so that can happen. Thank you, Sir. Further discussion or debate on amendment one? Sen. Stein, for what purpose do you rise? See if the amendment sponsor would yield for a question. Sen. Tucker, do you yield? I do. He yields. What is the significant of changing six to seven? What's that about? Six to seven on lines one and two of the amendment. Members, going from six members to seven, adding that building code inspector there. Further discussion or debate on amendment one? Hearing none, the question before the Senate is the passage of amendment one to House Bill 255. All in favor will vote I. All opposed will vote no. Five seconds will be allowed for the voting. The Clerk will record the vote will go up. 48 having voted in the affirmative and nine in the the negative amendment one passes and the bill is back before you. Further discussion or debate on house bill 255? Senator McKissick for what purpose you arise? To see Senator Barringer yields for a question. Senator Barringer do you yields? I yield. He yields. Senator Barringer because I was [XX] that I review this bill but section nine here tells us against this is our license architecture engineer that repair the plans for project and their similar to a city or county for approval that after that point in time it's the longest that I guess I pretty get inspection as well the fiscal city inspector, county inspector will not be out there conducting inspection while project is being constructed can you speak that is up what it is in fact saying because that is what it appears to be saying this is from the arena, the reading of it and how it was interpreted this was brought to me by the county not by the ice cream stand order, but the way the county read the law this is to clarify that the statute of how this has happen because it was a small briefing inside a larger facility and it was an ice cream stand four walls placed counter just to sell the ice cream but the it turn already that the whole play, the whole mall could be up to a million square feet will have to put on halt process of giving architect the standoff from a whole project just to put a little ice cream stand on it, and it was difference in building and project and that's literally just clarifying the legislation of the statute to make sure that this was for small project inside a larger facility because then you would have to then include the

whole process, but that just yet the architect seal on it. Now, for that actual construction it would still have to go through all the permits and process that would have to already. All things are still exempting of having an architect or paying an architect to design an ice cream stand. Follow up Mr. President, Sen. Brock do you yield? I yield. He yields. My question was not addressed specifically to that narrow example to do with the ice scream stand and it seems to the language because I'm looking at the Bill at section nine applies to all construction projects. So that their would not be a responsibility on behalf of county inspectors to go out and inspect anything any more, if they got us into seal on it. And basically historically the safety check or that inspector can go out and do inspections to make here that things are being constructed in a matter that is consistent with those plans, and from time to time the plans may not always be perfect or they may run into problem result in change orders but it seems to aggregate that responsibility for county inspectors moving forward in section nine. The county brought this to me I know they talked to David Senator Curtis directly but looking at this, this was a problem they were running into about how the whole project would have to be absorbed and if we're looking at that about internal improvements and how it would have to be approved by an architect, from my reasoning or see this now of how it was in the statute how it was being interpreted it would seem like any time their was a store front change or a new store moving into any shopping mall you would have to get the whole mall re-approved by an architect under this process and this is trying to make internal construction inside an existing building to be exempt and this case it was ice scream stand in a shopping mall. Sen. Mckissk what purpose do you rise? appropriate time and I will get this third reading just to get some clarity because I am not. Okay. What I am hearing doesn't appear to be consistent with what I am reading in the bill maybe the sculpt is different from what it propose to me, but I support the general  premise of the bill is just that that language seems peculiar, unusual and seems to abrogate the responsibility of our county inspectors Sen. McKissick, it looks like Sen. Brock thinks you're asking him a question. You want to ask him a question? Go on, Sen. Brock Sen. Buck, can you help me further with that. If not, I'll just object to third reading later. It's actually fine, but  I think going to be fine. Sen. Brock, go ahead when it says not withstanding general statute 838, I think when you look at the total picture and how it's laid out in the statutes and I will give this information from the county and I think he can analyse that the way it doesn't make sense perhaps this is put in the B for legislation. Thank you. Senator Brian what purpose do you rise? Ask senator Broke a question. Senate Broke do you yield? I yield. He yields. Senator Broke was in am sorry I was left to the committee I am trying to catch up with others as you read the conversation about inspection fees and what the cost of those fees are as it relates to different cities or counties across the state? The question that will start up and through the whole time was the actual cost of the inspection that in some departments the fee for inspection was way more than the cost of the actual inspection and that access money will then go back to the city for the counties and that will be attached and that's something there is a court case I don't have the case in front of me, but if you have a fee is got to go for that purpose and nothing more. Senator Brown follow up. Maybe just speak to it. Okay. Senator Broke I appreciate your work on this has come to my attention that some of the cities and counties now, particularly because of what has happened to the privilege tax, are starting to use inspection fees to make up a [xx] in the cost of these fees across the different cities and counties has a wide wide variance. It might be something that you might want to continue to take a look at because I think there's an abuse here starting to take place as we move forward. Further discussion or debate on House Bill 255? Senator McKissick you're microphone is on. Further discussion or debate?

Hearing no question for the Senate is the passage on the second reading of the Senate Committee Substitute House Bill 255 all those in favor will vote Aye, all opposed will vote No. Five seconds will be allowed for the voting, clerk will record the vote [xx] Senator Stan 47 having voted in the affirmative and one in the negative, House bill 255 is passed its second reading and Senator Mckissick having objected to third reading will remain on the calendar. House bill 634, Clerk will read House bill 634, Storm water built on the area classification. Senator Brock is recognized to explain the bill Thank you Mr. President. We got in to this issue over a couple of years ago about the uses of aggregate and impervious, impervious surfaces [xx] environment was great because we racially had a real life tangible example of what this meant. What this legislation will do will allow to use a number 57 stone which is then designated by a SARS over a Geo textile fabric to allow water to permeate the surface so if you pour water on it, it's not going to stand of top of it. It allows it to follow through wish had the example here, it really shows you what this would mean, why the water is able to follow through, go in to the sole. And is just able to have it because prior to this that was seem as impervious. Even though water could flow through it, the way the legislation was written, the statute was written that it was impervious, but it shows that it can just be used. And the second part is to exempt trails a part of that process. Some of  the trails that we have, especially in our urban areas, are paved because of the way land has to be pervious and impervious and after the choice between a developed were putting a paved trail in a development, were developing three lots, they're going to develop the three lots. And this allows only the state to allow this to exempt that, but also for me when you're looking at the debate between pervious and impervious surfaces not all types of trail made other same substance for what type of gravels or excess gravel performed but what type of aggregate that you're using of how water I can flow through the process, I know when it comes to pervious surfaces and impervious the resonate expert in the General Assembly is Senator Jackson to study it, allow the subject long and hard with Representative Snelson they spent a lot of time studying this together and now went a lot of places around the state studying this together so if someone wants to talk about the availability of what surfaces are pervious I can deflect this to Senator Jackson but I urge your support of registration Further discussion or debate? Mr. President. Senator Bryant for what purpose do you rise? To debate the bill.  You have the floor members of the Senate this bill came over doing pretty much exactly what Senator Brock said, that was Senator Torbertt who is the House sponsor with interest in making sure number 57 stone was recognised as a pervious surface and would be exempted from the store water and regulations, but what was added when this bill came over to the Senate was that language in the last part of Section B2 or a trail as defined in GS 113A-85. So what we're doing is exempting all trails in the state even trails on private properties as long as they are, "Open to the public. " Which is not really defined where exempting all of them as to the storm water regulations. Now we have already attacked the repairing buffers. We are further eroding ability to comply with clean water standards. It would then take these trails out of the calculation as Sen. Brock said that are used when developers develop property or when anyone else is involved with the storm water regulations those trails out of calculation that would assess their compliance with the Clean Water Act in terms of the built up areas. This is going to affect our overall ability, particularly in municipalities for complying with the Clean Water Act. Those changes in the nutrients in our streams

and water will go ultimately and the need to make our treatment arranged or make treatment or adjustments to account for that are going to come back to own the cost of farmers in our cities and municipalities on each of us are to pay for this. In addition to that, some of us are in river basin that are nutrient sensitive where because of agriculture and up and just a history and the geography and geology of the area, we are more subject to those challenging. The terparm basin is one of  those and the news rivers is one of those. So, it's again putting us under more threat of violating the clean water act and of tamping on our environment in our economy challenge in that regard, so I would ask and there are if there already arrangements to account for any previous surfaces that are used betrayals I just think it's too broad of an exemption it was not the intention of the sponsor and I will be voting against it for that reason I have prepared an amendment and so far haven't gotten agreement of as per the key people over here to get approval of that amendment but I want more time to work on it to see if there is any way to narrow this exemption so we aren't exempting every pave trail that will be created in the state on public and private property are in this broad manner and challenging our ability to comply with clean water standards in that regard, so for that reason I want to object to that Mr. President. Thank you. Further discussion anybody  Senator Blue for what purpose do you rise? Will Senator Brock yield for a question? Senator Brock do you yield? I will. He yields. Senator Brock as you now, we've one of the most extensive green way systems in the country here in Raleigh and Wake County, and we have trails coming in and out of golf courses, clearly trails that are not impervious. Well, Given what the intention was, I mean exclude everybody that number 57 stone will let water pass through and you can put the screening under it. But a concrete or asphalt trail is not going to let water pass through it. Why do you want to include all of these things that clearly are not impervious if the intent was to do what common sense is, and that is is to exclude the previous material from being calculated in the surface that you can cover over? Senator Blue I think one of the best examples I could think of is in your district number four when I was in town there was part of the green way that I would be would welcome and ran, I never saw Senator Apodaca on his bicycle there, but it was a former dirt path or some gravel and was constantly being washed out into the wetland area and I think because of the process of what is pervious and impervious, it was later replaced with an asphalt trail which allowed more riders, more walkers to be on it, you could be on it after a rain storm like we had this morning, but to me it solved the problem with the trailer being washed down on the [xx] basis being washed out. We're talking about having nutrients and other things being washed into a lot of ways and for me I'll say well this is a good way to do it, keep the trail from being washed away what you would have was a runoff and I think this is the way to make sure that we keep those to our people that are developing by putting developments in, they were able to have trails because we want to get people outside, people to enjoy the environment but if you make it so restrictive that they cannot make a trail then they are not going to make it through. You know the question Mr. Presnell[sp?] So, I think this will include got pairs to golf courses, and to include driveway as well the part of a trail. Senator Brown I don't know if there is someone probably she is part of a trail or not am not familiar with those, but I don't know whether or not but if you want to start over-regulating of have the driveway someone can have across the state saying that's part of the trail system that they may well[sp?] cross your driveway I don't know if you want to get into

that about what type of drive way somebody will have I know in my area. May I ask question. Follow up he yield. So that I'm attended you are not contending that a driveway or a concrete trail an as for trail is impervious so like clearly cuts down on the amount of soil that can absorb the water and completely contributes to more run off, more flooding and all the other things that these rules and norms were put in place for. You are not contending that the trails that you are including in here will address those issues for which we created limits on the impervious surfaces. Senator Blue I'm going to try to channel who aren't right now. And think about trying to blame a trail for the pollution driving in to work this morning, coming from Weston all over getting out from South Sunders coming in. The city of Riley has a little area in that clever reef. At the bottom of that clever reef, is a drainous ditch, where the water runs off from a highway here in the city, into a cement covert. Should be straight down to a creek I am tired of agriculture being blamed for every tap of water impediment across the state, when the cities and towns have these cement coverts piping the water straight into the creeks senator of [xx] gave a much greater speech on this years ago and I look at it when we're talking about water quality and people blaming those people in the rural areas and looking at the trail which some of them in rural areas which some of them are in greenways which allow the greenways were put in where the sewer pipes to run and we were able to run a path but to keep it from washing away and washing more sediment, more stuff into the stream they were paid so that people could use them on a regular basis now I'm trying to understand why we keep blaming rural areas and people want to be outside for the problems that the people, some people are trading inside of our urban areas and blaming the pollution of the water on farmers. Speak on the bill Mr. President. Senator Blue you have the floor to speak on the bill. for your information Senator Buck, I'm not blaming farmers for pollutant streams, rivers and anything else having been when[sp?] but I happen to represent an urban area, there are [xx] and streams and tributaries and everything running toward that neighborhoods and I happened to live on a golf course where there a lot of [xx] none of which are [xx] and with greenways running in my neighborhood and what have you. Unless you're going to find some reason to decrease the number of impervious surfaces, then there's no valid justification for including trees unless they to were impervious. If we're including trees for this number 57 even smaller rocks forming part of the trio that's one thing but part of the purpose of limiting what you can put in certain areas is so that you can prevent not just nutrients and pollution going into the [xx] and streams, but flooding in those areas and so I worry about what the impact this will be on how will developed urban areas and if you start telling developers who building on the friend deserve a more outside of joining them they can cover more of the soil and you don't have to allow any longer for there to be at least unacceptable surface so that the water can basically penetrate back into the earth or flow more lively into the quick's streams and so I think the make a exceptional broadening of a bill that doesn't have to be broadened in order to accomplish what we are trying to be accomplished Further discussion debate? Senator Stein for what purpose do you rise? To debate the bill You have the floor Thank you Mr. President I agree with Senator Block there storm water is a major cause of water quality pollution in North Carolina, storm water in urban areas and the irony is that this bill is actually going to make it substantive worse that urban areas are going to contribute substantially more storm water, and more pollution in the rivers, and guess who is going to bear the price of that? Agriculture.

Because Clean Water Act demand certain water quality, and if the urban areas are polluting the drinking water more then the Clean Water Act will impose upon all other contributors of pollution reductions, and so you voted for this bill you were voting for further restriction on agriculture and greater loosening of pollution control by cities. It doesn't make any sense, I mean if the city want to have a paved trail, have a paved trail. We're worried about the greater trails and the trails falling into the rivers, pave them. In fact most of our green ways here in Wake County are paved, but because we pave it we're actually making the stormwater problem worse so the Seedy should have to compensate and find some other way to medicate that pavement, and to say that that land somehow isn't paid when we can open our herbals look at it and see that there is pavement on it, is an engagement and fantasy. We are saying, this is not death upon. Death upon means in the previous surface surface except its inappropriate surface. There is no magic in the world that I will support this. Actually I have to reward on this over the weekend and address this. Further discussion or debate. Representative Frank Sidies granted a leave about this for the remainder of the session. Further discussion and debate on house number 634. Hearing no questions from senators passage of senate bill substitute house bill 634 on its second reading. All in favor vote oppose vote no five seconds be allowed for the voting, clerk will record the vote Burger aye, Hallington aye, Jackson aye, Brown aye, Sen. House aye, Sen. Bryant No,. 30 having voted in the affirmative 17 in the negative house bill 634 is pass it's second reading and having been objected to will remain on the calendar. Members earlier tried to introduce some forks and they were not here at that time, but they are here now, on the motion of Sen, Jane Smith of Robinson county the chair is happy to extend courtesies to the gallery to the friends and family of Julian Peers. They would include Dr. Robin Cummings, UNC [**] elect, Joshua UNC member lead council, Kelvin Jacobs UNC pembrom deputy council, Harvy Godwin jr. Coody Eaglehourse Godone When West, Godwin Dale, Gee Dees, Lydia Locklear, Christopher Chevers and Greg Richardson, the Executive Director of North Carolina Commission on Indian Affairs. I believe you are present in the gallery if you would stand please be recognized thank you for being here today. House bill 705 the clerk will read House bill 705 [xx] tack requirement, Senator  McKissick is required to explain the bill Thank you Mr. President and ladies and gentlemen of the senate I would like to send forth an amendment to and I believe it's already in the dash board Mr. President Clerk will read, Senator Mckeniss moves to amend the bill Senator Mckenness is recognized to explain the amendment, Thank you Mr. President this amendment is due to clerical error their was one letter that was critical that was left off and it is just a clerical error that we are fixing further discussion or debate on amendment one? Hearing none the question for the senate is the passage of amendment one to house bill 705 all in favour will vote aye oppose vote no five seconds to be allowed for the voting Clerk will record the vote. Brown Aye, Jackson Aye, Harrington Aye, Berger Aye. 47 having voted in the affirmative, none in the negative, amendment one passes and the bill is back before you. Senator McInnis is recognized. Thank you Mr. President, ladies and gentlemen of the Senate, this bill brings 21st century technology to the septic tank rule of North Carolina and it will allow marginal and some previously ineligible properties to be served by an individual septic system featuring of course this modern technology this will be a great value to our counties and the cities where we have lots of bina unable to be used for

home sides and this will improve that ability and urge your support for this bill. Is there further discussion or debate. Mr. President. Senator Apadoca for what purpose of your rise. Senator Maginess yield for a question. Senator Maginess do you yield? yes, Sir. He yields. Senate Magenis can you explain to me between 20th-century septic tanks and 21st-century. Well, we in the 18th century in North Carolina so we're coming forward with the ability to take again lands that might have maybe previously ineligible for a septic system of the old technology bringing forth the new technology that would allow us to do that. You know anymore what you did before. No less, thank you Senator. Further discussion or debate? Hearing none the quest before the Senate is the passage of Senate committee is substitute to House bill 705 on its second reading, all in favor will vote Aye, opposed will vote No, five seconds will be allowed for voting. The clerk will record the vote. Brown Aye, Jackson Aye Herrington Aye, Burger Aye. Senator Bryant Aye, 47 having voted in the affirmative and none in the negative House bill 705 passes its second reading and will without objection be read a third time. North Carolina General Assembly enacts. Is there further discussion or debate? Hearing none the question before the Senate is the Senate committee substitute to House bill 705 on its third reading all in favor will say, Aye, Aye. All opposed No. The Ayes have it and House bill 705 has passed its third reading and will be sent to the House on the issue of concurrency and Senate committee substitute. The amendments will be engrossed. Senator Tillman for what purpose of your rise. Mr. President to send fourth a committee report I wrote report. Send forward your report. Clerk will read. Senator Simon for the finance committee submits the passage House bill 493 committee substitute number one unfavoured as committee substitute bill number one, but favourable as to senate committee substitute bill tittle Rate Marry Dienectation House bill 493 three calendar. Senator Apodaca for what purpose of your rise. Mr. President we're having I think a break through with our appropriation spokes so we need to stand at ease and see what can come out How much time to you need? This day 45 minutes, if we did, I guess that would be recess. Before we do that, are there any notices or announcements? Senator Randomen[sp?] what purpose you ask? Senate forth commendary report out of order. Senator [xx] Senator Randomen[sp?] two committees submit [xx] house bill of 561 committee substitute number one, school systems much avail legal precision favorable. House bill 561 as a serial referral to education, higher education. Senator Smith what purpose do you ask? [xx] personal privilege please. You have the floor.   You have on your desk, ladies and gentelemen, a senatorial statement honoring Julian Pears of Robinson county Julian Pierce was born of the 11 children of a Lumbee Indian farming family. He received 4 academic scholarship at age 16 to attain public state university, receiving a bachelors degree in chemistry in 1966. A juridic doctorate from Inc central university school of law in 1976 and a master of law degree from George town university school of law in 1978. He was a role model for many in the Lumbee community and worked tirelessly to promote the cultural and heritage of his people. He was also instrumental in establishing a legal program in Robinson county and he was director of that program for a number of years. My husband served on the board of that organization and often spoke of how he was so impressed with Mr.

Pierces' intelligence, handwork and integrity in running that program. Julian Pierce sort to become from the first rubil member of the judiciary but his untimely death prevented his reaching that goal although he won the election His memory lives on even 27 years after his death through scholarships, awards and projects that are funded in his name and by efforts to continue educating others that is effort to ensure equality for all, thank you. Is there further business or notices before we take this 45 minutes recess. Senator Apodaca. When we take a recess when we now I need to do a subject to senate 24.1 and all other stipulation we have when we recess thank you. She will send the recess until one 1:40 subject toward to the stipulations stated by senator Apodaca. Senate stand in recess Senator [xx] your microphone is on. Your microphone is on. How did they find out. Central statement, I'm in Julian T Peers whereas Julian T Peers was born on January 2nd 1946 one of the eleven children of the [xx] Indian farming family in Hope County then received four academic scholarship at age 16 to attend Pembroke University. Receiving the bus of degree in chemistry in 1966 a Jewish doctorate degree from North Carolina Central University school of Law in 19 76 in a master of laws degrees and tax from your town universities school of Law in 1978 and where Julian T Peers worked in the office of the Bureau Council [xx] for two years prior to becoming first executive director [xx] legal service spending his entire legal career advocating in and out of the corts for equal justice for all [xx] Pears was committed to preserving and promoting a [xx] of his people and spent many years working to win federal recognition for the lomby tribe in 1998 UnioN T. Pears sought to become the first lomby member of the judiciary. In other his campaigns haulted when he was murdered. The results of the election show Union T. Pears to the 10787 votes to his opponents 8231 votes and whereas Union T. Pears remains a role model to many in the lobby community as well as a greater [xx] of area because of struggles to overcome to become a lawyer the battles he fought on behalf of his people and clients and the integrity and perseverance and motivation that he showed even in the face of personal danger Union T. Pears was so beloved by his family, friends, community and colleagues, that even 27 years after his death officer in each year commemorate his life by funding scholarships, awards and projects in his name, and by efforts he continued educating others about his efforts to ensure equality for all. Now, therefore Union T. Pears should be and it was supposed to ensure that every citizen receive equal justice under the law and for his dedication to preserving and honoring  history and culture from the begin with witness where they understand that affect on the statement which was read in the senate placed along the journal on 24th June 2015. So, maybe Smith senator Rand senator [xx] message from the house house bill 372 committee substitute number two and act modenize

to stabilize the North Carolina with medicate program to provide a lead capitated health plans referred to ways in means off bill 556 may substitute and in actor in act they are achieving a better life experience spare to A boy refered to finance Senate will stand in reuses till 215. all rise. So we come to order. Sergeant at arms close the doors. Members it's my understanding during the time we've been recessed that the Senator [xx] is prepared to withdraw his objection of the third reading on this house bill 634, is that correct? I am sorry house bill 255, Senator Mckissick withdraws his objection a third reading and so house bill 255 third reading house bill 55 building [xx] reform senator McKissick is recognized Yes, like to send forth an amendment Send forward your amendment It's here on the dashboard clerk will read Senator McKissick moves to amend the bill Senator McKissick is recognized to explain the amendment this meme is very clear is very straight forward it makes that a certain that a building component which is certified by an engineer of architecture have to be inspected by that engineer or architect to meet all those requirements on the building code to relive the inspected county from having to inspect it and I know of no objection to the amendment Further discussion or debate on the amendment two? Can members before we vote so, excuse absences are granted for Senator Suecheck, Senator Bingham, Senator Tillman and Senator Jim Davis Further discussion or debate on the amendment too. Hearing none question for the senate is a passage of amendment too to House Bill 255. All in favor will vote aye,  all opposed will vote no. 5 seconds will be allowed for the voting. The Clerk will record the vote. Berger, aye 38 having voted in the affirmative and Sen. Lowe, aye. 39 having voted in the affirmative and 1 in the negative amendment 2 passes and the bill is back before you. Further discussion or debate? Hearing none, the question before the Senate is the passage on 3rd reading pals bill of the Senate Committee Substitute, as amended to House Bill 255. All in favor vote aye. All opposed vote no. 5 seconds will be allowed for the voting. The Clerk will record the vote. Berger, aye. 40 having voted in the affirmative and none in the negative, House Bill 255 has passed its third reading. The amendments will be engrossed and the Bill will be send to the House on the issue of concurrence. Mr. President?

Sen. Blue purpose do you rise? Inquiry of the Chair. State your inquiry. Given that that tree in the corner over here, is it okay we start putting presents under it. As long as they are for me. If the Senate will stand at ease for just a moment. Okay. Is there further business to come before the Senate? Mr. President? Sen. Brock, you're recognized. I'd like to make an announcement or a share of everybody here on the floor. Today is the birthday of the oldest North Carolinian who is 112 years old. Sarah Hayes he was born in 1903 and is the aunt of Ambassador Jim Caine, celebrates her 112 birthday today. She's one of America's oldest living people. So, happy birthday to Miss Hayes. And before I forget members this is the last day of the session this week and our pages have been with us since early in the week and we'd like to offer our thanks to our pages this week. Thank you to your service and to your members and to the state. Notices or announcements, The further business I'm for the Senate hearing none the Chair recognizes Senator Pate for a motion. \ Thank you Mr. President I move that the Senate be now adjourned subject to the standard stipulations set forth in Senate rule 24.1 the receipt of committee reports, the appointment of Conferees, the ratification of Bills and the receipt of house messages to reconvene on Monday June 29th 2015 at 1:30 pm and also Mr. President no votes as I understand will be taken during that session for the full session will reconvene on our normal time on Monday evening. 7:00 o'clock. 7:00 o'clock. The motion is that the Senate do now adjourn subject to the stipulations stated by Senator Pate to reconvene on Monday June 29th 2015 at 1:30 pm seconded by Senator Blue all in favor say aye. All opposed no. The ayes have it. The Senate stays adjourned.