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Senate | July 14, 2015 | Chamber | Senate Session

Full MP3 Audio File

Senate will come to order. Sergeant of arms will close the doors, members to gather their seats. Members and guest in the gallery place silence all electronic devices, leading the senate in prayer is Reverend Peter Miller of Center Chaplin, all members and guests in the gallery will please stand. Let's pray. Oh Father, thank you for bringing us here again, thank you for the good break we've been given for the perspective that gives our lives deeper perspective and sometimes this place gives us, pray this fresh perspective will make a difference, not just in our decisions but in our attitudes and in our hearts, and Father as we return this chamber give us a freshness, give us hope and mostly give us wisdom. We need you for that Lord we need your wisdom as we can't manufacture that wisdom on our own. It always comes down from you from heaven, bless the work of our hands we best devote ourselves to the betterment of the lives of those of North Carolina, in Jesus' name we pray, amen. Senate [xx] is recognized for a motion. Thank you Mr. President, the journal of Monday, July 13th, 2015 has been examined and stands to be correct [xx] that we dispense with the reading of the journal and that it stands approved as written [xx] for July 13th stands approved as written. Senators our [xx] of the day is Ben Mastercreagmore[sp?] North Carolina nurse Masters please stand to be recognized and thank you for serving us in the senate today. Senate is upon the motion of Senator Tom McInnis of Richmond county the chair is happy to extend the courtesies of the gallery to Lee Hao, President of Richmond Community College Foundation and Chairman of Scotland County Chamber of Commerce, his wife Terry and two daughters Sidney and Christine. Christine is the goddaughter of Sen. McInnis. If you you're with us in the gallery, please stand and be recognized. Thanks for joining us today. Sen. Apodaca, for what purpose do you rise? Mr. President, motion relevant to today's calendar. Sen. Apodaca, you have the floor. Mr. President, House Bill 59, Clarify Report Admissibility, whatever it is, I can't read it, is on today's calendar. I move that it be removed and placed on tomorrow's. Without objection, so ordered. Do we have any reports of standing committees today? Sen. Davis, for what purpose do you rise? To send forward a committee report. You can send forward your report. Thank you, Mr. President. Clerk will read. Senator [xx] this is statement from local government committee so Mr [xx] house bill 58 committee substitute number one certain counties share food purchases favorable. House bill 236 committee substitute number one certain counties purchasing exception favorable. House 312 committee substitute number one, certain counties share foods purchases favorable. House Bill 58, 236 and 312 calendar. Senator Meredith for what purpose do you rise? Thank you Mr. President, send forth committee report. You can send forward your report senator. The clerk will read. Senator Meredith, commerce committee report submit for passage. House Bill 254 protect national guard, re-employment rights favourable House Bill 289, and see Money Transmitters Act, also favorable. House Bill 254 calendar and House Bill 289 Finance. Senator Daniel for what purpose do you rise? Send forth the committee report. You can send forward your report senator. Clerk will read. Senator Daniels for Judiciary II Committee submits for passage House Bill 341 control substances in bill ME and other drugs favorable. House Bill 341 calendar. Mr. President. Senator Apodaca for what purpose do you rise? We're working through this calendar quickly Mr. President.

House Bill 512 meant to clarify backup, remove from today's calendar place it on tomorrow's calendar. Objection so ordered. senators that takes us right into our calendar for the day starting with Public Bill second reading. House Bill 350, the clerk will read. House Bill 350 Restore Driving Privileges/Competency. Senator Randleman is recognized to explain the bill. Thank you Mr. President. House Bill 350 is the companion bill to Senate Bill 349 which passed the Senate on April the 20th with a vote of 49-0. The only change to this bill we changed the effective date from July 1 to October 1 2015, and I appreciate your continued support. Do we have any discussion or debate? Hearing none question before the Senate is passage of Senate committee substitute to House Bill 350 on its second reading. All in favor will vote aye, opposed will vote no. Five seconds to be allowed for the voting and the clerk will record the vote. Rucho aye, Lee aye. Lowe, Newton, Bryant. 48 having voted in the affirmative and 0 in the negative, Senate commitee substitute to House Bill 350 passes its second reading without objection 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 the senate committee substitute to House Bill 350 on its third reading all in favor say aye? Opposed no? The ayes have it. Senate committee substitute to House Bill 350 passes its third reading, it will be sent to the House for concurrence in the senate committee substitute. House Bill 544, clerk will read. House Bill 544, County Sign Ordinance in Cities. Senator Tillman is recognized to speak to the bill. Yes Mr. President, to explain the bill. You have the floor Senator. This bill allow cities to have city ordinances in place that will take precedence over the political signs that you put out, that allows the cities to do this in their municipalities and that's basically all it does. Do we have any discussion or debate. Senator Daniel for what purpose you rise? Discuss the bill.  Senator Daniel you have the floor.  On my part as the jury, this is the first time I've seen this bill. Can I ask the bill sponsor a question? Senator Tillman you yield for a question. Sergeant.  I'm Senator Tillman and the last session we modified the political sign ordinance, so that cities could regulate critical cyniage[sp?] on rules that they paid to maintain, but not on laws that the state maintain and the state ordinance  would have precedence on those rules, is this changing that? No, but the next bill does, there still bills on the calendar. Oliver.   Senator Tillman do you yield. Yes.   Could just give me some more details on what this bill does? This one just last, the cities to do it on their streets and their parks and under their municipal rules, they will apply rather than any other ordinances or on any other laws   the city will put. The next bill if that what you are asking, does this county laws, state laws? throughout the city, but they are in the municipality itself within those limits, the city will then make concurrent authority. The the bill. Any further discussion or debate? Hearing none the quest before the Senate is passage of the Senate committee substitute house bill 544 on its second reading. On favor will vote aye, opposed will vote no. Five seconds the bill is out for the voting. The clerk will record the vote. Bryant, Newton, Lowe aye. 47 having voted in the affirmative and one in the negative, senate committee substitute. The Senate. Passes its second reading sorry. We have been had there, House bill 544 be read a third time I apologize. North Carolina general assembly enacts. Senator, do we have discussion or debate? Hearing none, question for the senate is the  passage of  Senate committee substitute House bill 544 on its third on favor will say, aye. Aye. Opposed no. The Ayes have it, Senate committee substitute House bill 544 passes its third reading. It will be sent to the House recurrence in the senate committee substitute. House bill 613, Clerk will read. House bill 613, clarify signs on highways and roads. Senator Tamara is recognized to explain the bill.

This bill does the same thing for county roads and highways that go through a city. The county ordinances do not apply. City ordinances where with inside the city limits like there's a lot of medians and so forth that are in cities that wouldn't be necessary other places so the the ordinances would apply there. Senator Daniel, for what purpose do you rise? To debate the bill. Senator Daniel you have the floor. Thank you Mr. President, members of the senate. Senator Tillman, I don't know if you remember but when I was a freshman this was one of my first project was to fix the political sign issue across the state because at that time political signs were not technically allowed in any ride away in the state and so we had an initial draft of the bill and actually brought it before the transportation committee and it became evident in the committee with the discussion that was there that the bill was going to go down in flames and Senator Tillman said, "Mr. Chairman why don't we let this Sen. Daniel, this freshman take his bill back and work on it and bring it back before the committee" and so he saved my bill that day and it did come back before the committee and it passed the Senate and later passed the House and what it did was it created criteria by which all of us as political candidates across the state could place our signs, 30 days before an election you had to remove them within 10 days after an election there were size limitations so you couldn't, you can't put an eight-foot sign in the state right away, and the other thing that it did it stopped the practice of having 200 years of pallet across the state, each having their own different set of regulations for political candidates. So for those of you who have in a large district. Maybe you've got five or six counties you might have different rules, you might have 10 different sets of rules you've got to abide by in 10 different. So the point was of the bill was if a state maintains a road through a municipality then the state regulations applauded that road and then the municipality can regulate their streets that they're maintaining, but that way any candidate in the state knows because if it is a state rule, this is the rules I have to follow, they're uniform, they're easy to go by, and of course the municipalities come back and they say we always, we want more control and I think that that's just going to go back to the old days when we've got a hundred different sets of rules and a hundred different municipalities so I'm going to vote against this bill. There's some of this bill I actually liked and I think it's good but I think the part that takes us back to municipalities controlling political signage on state roads is a bad way to go. Do we have any further discussion or debate? Sen. Apodaca, for what purpose do you rise? Mr. President, a motion please. Sen. Apodaca, you have the floor for a motion. Mr. President, I move House Bill 613 be removed from today's and re-referred to committee on rules. Without objection, so ordered. Seems we have one concurrence on the calendar for the day. Senate Bill 654, the Clerk will read. Senate Bill 654, Map Act Clarification. Sen. Lee is recognized to explain the motion Thank you, Mr. President. Colleagues, so this is a bill that came before us sometime ago where we voted 48 to zero on it. There were some changes. One is in subsection E and there was a deletion. There was an E2 and that further defined the amendment being the WMPO having the ability to withdraw a quarter map. Then there was an addition of a section which you see in the bill now which is subsection G on page 2 under section 1 and that provides an indemnity to the WMPO from the NCDOT. What is essentially happening is the WMPO has the ability to record two quarter maps and this was given to them back in the mid 2000s and what we did originally was to fix the bill to make sure they were corresponding in technical changes and then the indemnity concept came up as a come back over and I'm hopeful you'll support the bill for the motion to concur. Do we have any discussion or debate? Senator Lee asks that you concur any further discussion or debate? Hearing none, the question for the Senate is the motion to concur in House Committee Substitute Senate Bill 654 all in favor vote aye, oppose will vote no, five seconds to be allowed for the voting, clerk will record the vote. 50 having voted in the affirmative and zero in the negative the senate concurs, House Committee Substitute Senate Bill 654 will be enrolled and sent to the governor, and that wraps up our calendar for the day. At this time

we'd like to introduce our pages to, our pages will make their way around the chamber and come up front here and as soon as we get them around here the clerk will read Page seven and the [xx] this week, [xx] Greensboro. John Beasley, Dunn. Alex Birkhoff, Fast Town. Kate Finkelstein, Rolly.  Kengograspy, Lytton.  Annabeth Mackomen, Appex.  Cristen Mcquillan Dunn. Caroline Patsy, Rolly. Kerry Ruff, Robeson.  Dessy Todorova, Masbrough . Rachel Woods, Cliton. May I just thank you for sacrificing time in your summon  is service on the senate this week, hope you have a great experience here, thank you so much. Do we have any notices or announcements? Senator Apodaca what purpose do you rise? Mr. President, an announcement. You have the floor senator. Thank you Mr. President. Members our intent is to wrap up committees a week from Thursday, I believe that would be the 23rd so if you feel compelled that some bills that are being held in certain committees that the state cannot live without those bills being passed please see the might spoke to the rules of the committee and will take under consideration. But lets try to wrap everything up by 23rd on all bills so that we can start shutting down and maybe get home sometime this year. Senator Brown for what purpose do you rise? For an announcement. Senator Brown you have the floor. Just a reminder Republicans of caucus will meet after the session. Senator Daniel for what purpose you arise? Announcement. You have the floor senator. Thank you Mr. President, the senate transportation committee will meet tomorrow at the regular time and regular place and the calendar will be coming out this afternoon. Senator Jackson for what purpose do you rise? To make an announcement and a moment of personal privilege. You have the floor for both senator. Thank you, Sir. The announcement is our watermelon queen will be here tomorrow afternoon or tomorrow morning from 11:00 to 2:00 and she is going to be serving slash watermelon and a protocol near the bridge. The personal privileges is I am so any other they think you can spit, come on out then we'll see if we can have [xx] contest [xx] They don't do that way. senator Kelvin for purpose arise. Mr. President, a moment of personal prayer will.  You have the floor senator.  Senator Jackson I am going to enter that seedspeeding[sp?] on one condition who is our utterer of the day? If senator McKissick will not be allowed to participate. Sir they might practice do we have any further notices or announcements? Any further business to come forth the senate, now the chair recognize senator Berger for a motion thank you Mr. President, I move to senate to now adjourn subject to standard stipulation set forth in senate rule 24.1, ratification of bills, appointment of receive of committee reports and receipt of house messages to reconvene on Wednesday, July 15th, 2015 at 2 P. M. The motion with the senate now adjourn subject to the stipulation stated by Senator Berger to reconvene Wednesday, July 15th at 2 P. M. Seconded by senator Brock, all in favor say aye, oppose no, the ayes have it, Senate is adjourned.