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Senate | July 16, 2015 | Chamber | Senate Session

Full MP3 Audio File

The Senate will come to order. The sergeant-at arms will close the doors, members will go to their seats. Members and guests in the gallery please silence all your electronic devices. Leading the Senate in prayer is the Reverend Peter Milner, Senate Chaplain. All members and guests in the gallery please stand Let's pray. Almighty God we thank you that you clear the air before we begin, you enter this place before we enter this place, and so we pray that you would not grow weary of us and our petitions and that you would grant us grace one more time, instill us with grace in this legislature that we we depend on you. Separate us from our sin Lord, as far as the East is from the West and give us clean and hearts obedient to your ways and your voice, and it's in Jesus name we pray. Amen. Senator Berger is recognized for a motion. Thank you, Mr. President. The Journal of Wednesday July 15th, 2015 has been examined and it's 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 July 15th stands approved as written. Senators, we have leaves of absence granted today for Senators McGinnis, Woodard and Rabin. We also have a Nurse of the Day with us today Ashikita[sp?] Peacock of Durham, North Carolina is here, Nurse Peacock thanks for joining us in the Senate today. Senator Apodaca, for what purpose do you rise? Mr. President, multiple motions if I may. Senator Apodaca you have the floor. Thank you, Mr. President. HB 59, Clarify Report Admissibility is on today's calendar, I move that it be removed from today's calendar and re-referred to Committee on Judiciary I. Without objection so ordered. HB 561, School System Authorization reference Legal Proceedings is on today's calendar. Remove from today's calendar and placed on next Tuesday's calendar. Without objection so ordered. Thank you, Mr. President. SB 336, Estate Planning/Uniform Trust Code is currently in the Committee on Rules. I ask that it be removed from Committee of Rules, and concurrent motion be placed on the end of today's calendar. Without objection so ordered. HB 186, Cape Fear Water Resources Availability Study is on today's calendar. I move that it be placed on Monday night's calendar. That's the 186. What was that? 186? Yes, Sir Cape Fear. Without objection so ordered. Thank you, Senator. Thank you, Mr. President. Ratification of bills, the Clerk will read. Enrolled bills. The Enrolling Clerk reports the following bills duly ratified for presentation to the Governor: HB 201, AN ACT TO AMEND THE PROCESS BY WHICH THE CITY COUNCILS to see citizens in place enrollment ordinance amendment house bill 2554 an act to extend national guard be prominent rights we move to the next regard of other states, house bill 349 an enactment in both compound and other substance through control substance schedule. Senator upon the motion is Senator Smith Ingram of Edgecombe county and Bill Cook of Currituck county the Chair's happy to extend courtesy of the gallery to Genesis Drake who is attending engineering camp this week on Rocky Mount and her mother Clarissa Drake who attended North Carolina ANT with Senator Smith Ingram and they're shadowing her today if you're with us in the gallery please stand to be recognised thanks for joining us today. Do we have reports of standing committees? Senator Rabon what purpose you have? committee report. Please send forward your report senator. Clerk will read. Senator committee submit report. House bill 814 senate committee substitute number one William C Lenny Jr student of law favorable. House bill 721 committee substitute number one, on favor of committee substitute bill number one but the favor have to senate committee substitute bill subdivision audience learn development changes. House bill 814 calendar and house bill 721 state and local government. Takes into our calendar for

the day starting with local bills on third reading house bill 58 clerk will read. House bill 58 certain county share food purchases. Senator McKissick for what purpose do you rise? To make a comment relating to the bill. Senator Mckissick you have the floor objected to the third reading on this bill because it was some ambiguity as to whether it impacted requirements which currently exists relating to requirements about outreach to historically under utilized businesses [xx] minority owned businesses and female owned businesses. I was able to work with Senator Gunn, Representative Riddell, we found out that language that was in that earlier version of the bill had been deleted on the floor of the house by an amendment that was run by Representative Glazier so I have no objections to the bill, I just wanted clarification. I supported yesterday because these were local bills but I appreciate Senator Gunn working with me to get some clarity because so often there are unintended outcomes here that occur and fortunately enough any overreach was clarified in the house. Thank you Do we have any further discussion or debate? Mr. President. Senator Clark, for what purpose do you rise? to ask out Senator Ford to yield for a question please. Senator Ford do you yield for a question? I will. Senator Ford yesterday expressed some concern over the fact that this particular bill will require that it will come out of the general statute 143- 149 might be applied. Could you explain that to us one more time. Mr President. Thank you Senator the clerk the challenge that I have with the legislation is that it exempts general statute 143-129 which has an advertising requirement in it, as a small business guy, if I owned in HBAC or color it will be nice to know if the state or local municipality was looking for for that particular service or vehicles. The only way small businesses will know if a notice goes out so if a notice doesn't go out, the public servcies that are being requested for, people won't know and so that's the heartburn that I have is to advocate for small businesses at a minimum. Not to give them anything but just to provide then with a notice that our services is being requested, that's a problem that I have. Senator clerk for what purpose do you rise? To speak to the bill. Senator clerk you have the floor to speak to the bill. Mr. President I should have sent forth a concern. and I just can not understand why we would not want to fight that notice to potential businessmen out there, and as a result I would like to send forth an amendment amendment, senator Parkinson forward your amendment. The clerk will read.  Senator clerk moves to amend the bill. The senator clerk is reconginzed speak to the amendment. Is it the one the desk? Does it appear on the desk for you? Yes it is on dashboard senator. Okay since that all this amendment is doing is nothing more than restoring the requirement to advertise the fact that business men out there can bid for the contract that the sheriff will put out there. Thus nothing more, nothing less. I ask for your support. Senator Gunn for what purpose to you rise? To speak to the amendment. Senator Gunn you have the floor to speak to the amendment. Thank you all Senator Clark and I'm sorry that you have these concerns but I feel strongly about is that these counties have come to us asking to be on a local bill that would do exactly what it says and exempt them. So that they can provide these products at a competitive price with the flexibility not have to have storage requirements as they can move forward with local vendors and support our local communities. I do not see any reason that we need to support this meme or any other meme as we support our local communities. Thank you.   Senator Floyd propose your [xx]   Speak to the meme Senator Floyd you have the authority to speak to the meme.  Thank you Mr. President, I respect colleague right here infront of me Senator Garn who as a business person I'm a little bit surprised is carrying in this water. The amendment is simple in nature that all that does is to require notice that

it's service is being procured I struggled with the fact that we don't have consistency among various counties across the state as it relates to procurement, which is the justification for a state procurement process. All we talking about is some transparency and some accountability. If this bill was truly about buying local, we would have a provision in legislation that would give a preference to local businesses let's call this what it is, this is a gateway back to the good old boy network. Senator before we continue, Senator Woodard has joined in the senate can vote now. Senator Tillman for what purpose do you rise? To speak on the amendment. Senator Tillman you have the floor to speak to the amendment. If you serious about this Senator Ford, Senator Clark, I dare you to put an amendment in to keep the public schools from buying local. You are not serious, you're an issue of death that you going to lose on, and you know it. And all you doing is trying to make a political point. [xx] the local bill I've supported local bills and hell bound knows I don't know how many times. And this would make sense, if you want to [xx] on contract and your staff may come from California, Texas, Louisiana, you go right ahead. If our local folks can produce fresh vegetables and fresh fruits that we can eat then our school children can eat them, and our through out this [xx] much better they tell me, I've spent a few days there. Where is Senator Bingham by the way? You can go on with this as long as you want it, if you are serious put that amendment in we won't do anything. Public school Chair you can have a local forum I want you to do that. Senator Brian your purpose arise? Speak on the amendment. Senator Brian you have the floor to speak to the amendment. Ladies and gentlemen of the senate, I did some follow up on this since some we objected the third and found out as it relates to the public schools. They're, most of them nutrition funding is federal funding anyway. A federal nutrition funding so it requires a competitive bidding process, a notice process and many other requirements, in addition they've a whole division that monitors their procurement because of the mix of governmental funding they've and the level of compliance reporting hey have to do. And they send me the check list that every LEA uses for the purchase of their food. Contracts whatever the source would be, and those contracts all that process always requires advertisement and a bid. So, even though the LEA's were exempted from all the state purchasing requirements, they still have other requirements that will result in the contract being advertised and bid. I checked also with the North Carolina association of county commissioners and a general council and unfortunately we don't have across the state, a uniform of vetting requirements for procurement in counties. Some counties have notice and BA requirements, some counties don't. Because of the time frame and of me becoming aware of this, I don't know which of these 26 counties have a vetting requirement, and which don't. My worry is that for those who don't, we might be setting up a process that could result in cronyism, or some kind of favoritism or other problems that could be putting our local folks and who might not be aware of what risk they're taking, a risk for legal actions that would be unnecessary. So, I'm just really concerned that we didn't take the term, to determine if they've local requirements, or if I were the sponsor of the local bill before I added your own requiring, that your county you document that county din't have a local procurement process and which case it would be fine, and this is surely in my situation not about buying local it's about being fair to our small businesses locally and giving them a chance to participate on a fair basis.  Sen Stein for what purpose do you rise? Does Sen Tillman do you yield?  I would be more than happy to, Thank you Mr President. Sen. Tillman I am looking at the bill, it's a local bill I know Wake county is covered by it. Where does it say that the sheriff's office will purchase local foods as opposed to food from Chile or from Mexico or China. Because I'm looking at the bill, it's only six lines long. I don't see local anywhere in this bill.

Senator? They have the option to purchase as they choose. If you've got local tomatoes and you're a farmer, they may now buy your local tomatoes rather than get them shipped in from Mexico. It's an option that they have. That's the intent obviously if not the actual words and I believe they are there. I don't read this bills. I know where I am going to vote before the bill comes out. That one I haven't read. I coudn't tell you what the words say but I know what it does. Mr. President. Sen. Stein, for what purpose do you rise? To speak to the bill. Sen. Stein, you have the floor to speak to the bill. I understand that folks want to give flexibility the sheriff's offices in the procuring. I think putting it in a language in here that if they wanted to do it for local food, I think a lot of us would feel a lot better about it regardless of whether you think they should have this authority or not, if you look at Senator Clark's amendment says it just says they have to tell people their is going to be a proposal we want tomatoes we want to buy tomatoes if you have tomatoes and you are a local farmer we want to hear from you about what price is, If you are farmer from Mexico and you want to submit your bid tell us what your prices are and then the last line on his amendment, line 9 and 10, says, reserves to the governing board of sheriffs the right to reject any or all bids but at least this way the local farmers actually know that the sheriff's actually looking for tomatoes. They are more likely to get more bids and guess what happens with can you get more bids. It's a free market system. Prices tend to go down. Aren't you all for free markets? Let's have this transparency have this knowledge, you can be for this bill and be wholly embracing of this amendment, which is in fact what I am. I voted for the bill yesterday, but I think this is a great amendment and encourage you all to actually read it and think about it Senator Clark, for what purpose do you rise? To speak to the amendment. Senator Clark, you have the floor to speak to the amendment. First of all I'd like to clarify that I don't do amendments for political purposes and yes this is a local bill and one of the counties on this bill is Cumberland County of which I represent. And actually generally speaking I think it's a good bill and I thought I might want to add another one of my counties, Hoke County, to it, but I can't get beyond the fact that we're going to put some legislation out there that will not even notify the local businessmen and farmers that they have an opportunity to bid to provide services and I'm like what is wrong with doing that?. I just don't understand it I know in Cumberland County we want to use our local businesses and local farmers and etc, but this is not going to prevent them from doing that. As a matter a fact you can't be a part of a process that you don't know about. All this is doing is making sure that they know. And as a matter of fact if we pass this amendment, I already have another one prepared to add Hoke County to it should it be accepted. So I'm not against the sheriff's having this flexibility. I just wanted to make sure everyone has an understanding or has the ability to know what's going on and to participate in the process so I should support the amendment. Senator Hise for what purpose do you rise? Speak to the amendment. Senator Hise you have the floor to speak to the amendment. Thank you Mr. President, members of the senate, the first thing I think we're learning from this amendment in these bills is that the state procurement process requiring to go to is not returning the lowest cost for making purchases and you're hearing this from counties all over the state. There are useless, needless and costly regulations that we're requiring individuals to add to the process [xx] to be exempt from, now this amendment we could Senator Wayde I know we've been through this conversation a lot. We're going to require the ad in the local paper now for seven days. we've had a lot of conversations about how much that's costing individuals just to advertise the meetings they hold, now to remember we're not talking about main food and  produce we had a lot of tomatoes downstairs yesterday and [xx] farmer others had a lot of left overs and would be willing to sell them to the county now wait, let's stop this entire process and advertise in the newspaper for seven days for this  produce becomes less good each day before we can decide whether or not our sheriff can enter into a contract to make sure

that purchase, or that process and then after that let's have a bead[sp?] to make sure this is the lowest cause product that he could receive. Most of these regulations are ridiculous they're especially ridiculous for small and rural sheriffs. There is a procedure in place to protect the citizens, and it is the elected sheriff. He has a budget given him by the County Commissioners each year that he has to stay within in order to operate its facilities, that is the protections you have and how he can reduce his food cost only helps reduce the taxes that all business are being required to pay, particularly in property tax in this State. I ask you to oppose this amendment. Mr. President. Senator Clark, for what purpose do you rise?   Ask if Senator Ford would yield to a question. Senator Ford, do you yield for a question? I will. Senator Ford, does this amendment in any form or fashion require the sheriff's office to accept the higher bid? No, the amendment does not require the local sheriffs to accept the higher bid. Thank you. Senator Wade, for what purpose do you rise? To ask Senator Cloak a question? Senator Cloak, do you yield for a question? I do. Senator Cloak, I just wanted to be sure that I was reading this amendment correctly, this says, you can advertise in a newspaper or on a website electronically? That's correct. And it can be either or? That's correct. I'm glad to see you coming around with that school of thought, and I hope everybody else is in here also. I've never had a problem with that school of though. Mr. President. Senator Apodaca for what purpose do you rise? Speak on the amendment. Senator Apodaca has the floor to speak to the amendment. Two things have struck me as we seat here and listen to this debate, which is very good. First, we want to add more bureaucracy to the process. Senator Bryant went through a check list this, this and this but I think the simple thing, there are no more contested races and that for share. And I can see the campaign signs now, that Sheriff Smith spent x amount of dollars on food for prisoners. I can do it cheaper. I think the people can side if it's been abused and I think the people would decide if it was being abused. So I vote against the amendment. Any further discussion or debate on the amendment? Hearing none the question before the senate is the adoption of amendment one. All in favor of vote aye opposed vote no. Five seconds to be allowed for the voting, clerk will record the vote. 19 having voted in the affirmative and 29 in the negative, amendment one fails. The bill is back before us. Do we have any further discussion or debate? Senator Jackson for what purpose do you rise? Thank you Mr President. See if the bill handler will answer a question for me. Senator Gun do you yield for question? I do. Thank you all,  Mr. President. Senator Gun, it has been a lot question about the prisons and the school systems in this bill and a lot of debate. And Senator Bryant is 100% accurate in what she just said about school systems, they go through is federal money for the most this administered third of North Carolina and department of agriculture is actually part of it is through the department of defense allows the it's because of going to the military aspirations in this day, and the key thing in all of that is what I'm saying is every piece of that produce that were referring to photos by and Sen. Tillman other folks been talking has been inspected by USDA the inspector, and every operator, or producer that is delivering to the schools systems that is involved in this federal funding, food and department of agriculture are at least very minimum get certified which means they have been trained food safety, food handling, and personal hygiene, are we going to see the same type of requirements when it is to our local sheriffs department? That is my question. I'm not sure that my pay grade allows me to answer that like you want to, but I do know that sheriff department, their kitchens are held at same standards as foodis delivered would be the best answer I can give you. Okay thank you Sir. Any further discussion or debate on the bill? Senator Ford for what purpose do you rise?

To speak to the bill.  Senator Ford you have the floor to speak to the bill. Briefly colleagues, I just want to remind you why we have procurement rules and regulations is because once upon time small business owners didn't have the opportunity to bid on public work, primarily because They didn't know about it. If you didn't go to the right church, Koanas, optimist or rotary club, you weren't part of a network, that you were made aware of opportunities for you to provide services or goods that you had available. And so, my colleague talks about a bureaucracy, Senator Hise I don't look at it like that. I look at it as a public entity setting up some reasonable rules that would give somebody like me the opportunity to bid. You aren't giving me anything. There are no set-asides, there are no requirements that you've to do business with me, you're just just giving me the opportunity to provide a service or goods. And that to me folks is reasonable. Why would we exempt a local share to be able to do whatever, whenever, with whomever, is irresponsible. it's not fair to taxpayers and I think we do citizen and this service when we exempt rules as minimum as providing a note pops I can't support this bill. Any further discussion or debate on the bill? Hearing none question for senate as a passes to committee substitute house Bill 58 on its Third reading all in favor vote aye, oppose vote No, five seconds fill out for the voting and prepare to record the votes 36 having voted in the affirmative and 12 in the negative, may substitute the House Bill 50 38 passes the third reading and it will be enrolled, house Bill 236 prepare for read. House Bill 236 seven county exemption, having discussion reading hearing none, question for the senator as a passage committee substitute house Bill 236 on third reading, all in favor vote aye, oppose vote No, five seconds fill out for the voting and the clock record the vote and I NO, 36 having voted affirmative and 12 in the negative committee substitute house Bill 236, passes its third reading and it will be enrolled, House Bill 312 prepare for read.  House Bill 312 starting counting share food purchases. Grabbed it, Senator Ralph Doak prepare for rise? Simple amendment. Senator Ralph Doak you can send forward your amendment.  Lets start with version one, clerk read.  Senator Apodaca, move to amend the bill. Senator Apodaca is recognized to explain the amendment. Thank you, Mr. President indeed it's an honor to stand today and help one of the counties. I have grown to love and respect and looking to move to when I leave this place, and maybe run against Senator Brown, but I would like to add Ajorns[sp?] county into the counties that are allowed to add the sheriff's participate food program. Any discussion or debate on amendment two? hearing none the question before the senate is the adoption of amendment two. All in favor  vote aye, opposed will vote no. Five seconds will be allowed for the voting, clerk will record the vote. [xx]. No. 41 having voted the affirmative and seven in the negative, amendment two is adopted. Senator Apodaca for what purpose do you rise? Send forth an amendment. Senator Apodaca you can sent forth your amendment, clerk will read. Senator Apodaca moves to amend the bill. Senator Apodaca is recognized to explain the amendment. Thank you Mr. President, all this does is add Henderson and Pennsylvania counties. I ask for your support. Do we have any discussion or debate of the amendment? Hearing none the question before the senate is the adoption of amendment three. All in favor vote aye, opposed will vote no. Five seconds will be allowed for the voting, the clerk will record the vote. 42 having voted in the affirmative, and 6 in the negative amendment three is adopted, the bill has amended is back. Brian changes the vote to no or making sure the vote is no. Thanks. Final count with Brian as a no. Senator Brian you already did vote no. Remind me of that final county anyway just so Final count 42 to six, bill is amended is back for the body, do we have further discussions or debate on the bill as amended? Hearing none the question for

the senate is passage of committee substitute house bill 312 as amended on its third reading all in favor will vote aye, opposed will vote no, five seconds will be allowed for the voting, the clerk will record the vote. Rucho aye, Law, senator Law, no. 36 having voting in the affirmative and 12 in the negative committee substitute house bill 312 as amended passes its third reading the amendment was being gross will be sent to house for concurrency in the senate amendment. I'm sorry they'll just be sent for the house for concurrency in the senate amendment. We have one local bill for concurrency, senate bill 252 the clerk will read Senate bill 252 repeal Cliff County wildlife exclusion. Senator Davis is recognized. Thank you Mr. Chairman. This bill just repeals the exemption that we gave Cliff County last session. I ask for your vote. Senator Davis ask to concur. Do we've any discussion or debate on the concurrence motion? Hearing none, the quest before the senate is a motion to concur in the house committee substitute Senate Bill 252. All in favor will vote aye, opposed vote no. Five seconds to be allowed for the voting, clerk to record the vote. Apodaca aye, Sanderson aye. 48 having voted in the affirmative and zero in the negative. The senate concurs in the house committee substitute to Senate Bill 252 and it'll be enrolled. Moving on to public bill, second reading House Bill 6, clerk will read. House Bill 6 Autocycle Definition and Regulation. Senator Davis as recognized explain the bill. Thank you, Mr. President. This bill just brings government regulations up to date regarding autocycles. Autocycles are completely enclosed three wheel vehicles that are legal, and law enforcement is having a problem on whether to classify them as motorcycles, but they are vehicles that have covering on them. They have roll bars, they have seat belts, but you're not required to wear a helmet while you're riding in one of these, and so this is just trying to update State regulations to enable law enforcement to classify these vehicles. I'll be glad to answer any questions, or try to. Do we have any discussion or debate? Hearing none, the question before the Senate is the passage of the Committee Substitute to House Bill 6 on its Second Reading. All in favor will vote Aye, opposed will vote 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, Committee Substitute to House Bill 6 passes the second reading. Senator Newton. Mr. President, my finger slipped. Senator Newton changes his vote from no to aye. Final count is 48 to 0, and we will read this the third time. Clerk. North Carolina General Assembly enacts. Do we have any discussion or debate? Hearing none the question before the Senate is the passage of the committee substitute to the House Bill 6 on it's third reading. All in favor will say aye? Opposed no? The ayes have it, committee substitute to House Bill 6 passes its third reading, it will be enrolled and sent to the governor. House Bill 264, clerk will read. House Bill 264, Community Colleges 403 (b) Plan. Senator Gunn is recognized to explain the bill. Thank you Mr. President. This bill will allow local boards community college trustees offer their employees participation in the North Carolina public school teachers and professional educators investment plan as operated by the state treasurer. Section one clarifies that local boards can continue to offer custodial accounts following RS code using fund from salary and section two authorizes the local board to participate in the a fore mentioned plan there is no physical impact to this state, I appreciate your support. Any discussion or debate? Hearing none the question for the senate is the passage of the committee substitute house bill 264 on a second reading all in favor say aye those who will vote no five seconds will be allowed for the voting and the clerk will record the vote. I Smith Ingram I 48 having voted in the affirmative and zero in the negative senate committee substitute the house bill 264 passes it's second reading without objection will be read a third time. North Carolina general assembly enact. Any discussion or debate? hearing none, question for the senate is the passage of the senate committee substitute house bill 264 on it's third reading, all in favor say aye, opposed no, the ayes have it, senate committee substitute house bill 264 passes it's third reading, will be sent to the house for concurrence to the senate committee substitute. House bill 276 clerk will read. House bill 276 agency

in participation procedures act of 2015. Senator Welch is recognized to speak to the bill. Thank you Mr President, this is an agency bill on behalf of the state treasure, this sets some changes, some policies in it's sections in order to protect the physical integrity of the retirement system of state employees and teachers and local government employees. What it's doing is establishing some rules if as public agency is coming into a system, and it's going to cost that system the public agency needs to cover that cost if they are going to exit and if there's a cost involved they would do that treasure blazes will protect our systems I agree I ask for your support. Do we have any discussion or debate? Hearing none, the question for the Senate is the passage of Senate Committee Substitute to House Bill 276 on its second reading. All in favor vote aye, opposed will vote no, five seconds will be allowed for the voting clerk will record the vote Pillman, aye. Bryant, aye. Rabin aye. Apodaca, aye. 48 having voted in the affirmative and zero in the negative, Senate Committee Substitute to House Bill passes it's second reading and will without objection be read a third time. North Carolina General Assembly enacts. Do we have any discussion or debate? Hearing none, the question for the Senate is the passage of Senate Committee Substitute to House Bill 276 on its third reading. All in favor will say aye. Aye. Opposed no. The ayes have it. Senate Committee Substitute House Bill 276 passes its third reading and will be sent to the House for concurrence in the Senate Committee Substitute House Bill 277. The Clerk will read. House Bill 277. Retirement Admin Changes Act of 2015. Senator Wells is recognized Thank you, Mr. President. This is the Routine Retirement Administrative Changes Act. It will clarify interpretations of current law and increase of the administration of the retirement system as it is administered by the Department of the Treasurer it has 12 sections. It passed the House 114 to nothing and we had an active discussion and debate in pensions and retirement. I ask for your support Do we have any discussion or debate on the bill? Hearing none, the question for the Senate is the passing of Committee Substitute to House Bill 277 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. 48 having voted in the affirmative and zero in the negative, Committee Substitute to House Bill 277 passes its second reading and will 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 Committee substitute to House Bill 277 on its third reading. All in favor will say aye. Aye. Opposed no. The ayes have it. The Senate Committee Substitute House Bill 277 passes its third reading and will be enrolled and sent to the Governor. House bill 390, Clerk will read. House bill 390, Beaufort county cc Washington county. Senator Davies is recognized to speak to the bill. Thanks Mr. President and members. This bill comes from Washignton county, currently they share community college services from bith community college and offer community college, I'm actually reviewing the existing situation commissioners has decided that they would like to see Mori presents in Washington County and move towards the single service area. So what we simply do is move Washington into the offered service area and I would add to this, has shared some concerns with us but at the end of the day and looking at this the worst in the county commissioners unanimously resolution in support of this and they're asking for [xx] stateboard on this review test and my understanding is that they can fully implement it as prescribed. Senator Tillman your purpose arise? To speak on the bill.  Senator have the floor to speak to the bill.  This issues has been around for many years and state board probe to say that one time and notice by 12 and Thanks since Moses's time there have been some becoring about the service area and who does what for whom and what services they provide. We finally got the bill that will straighten this out and I hope solve a problem. I've heard from the Washington County people, had met with their commissioner of their county commissioners and talk to her about it, and so to other people. No one from Mecklenburg County said anything until yesterday. And so they did bring somebody to speak in opposition of the bill. But folks I think this is the best and will serve this long standing problem. I hope you support the bill. Senator Cook for what purpose do you rise? To speak the bill. Senator Cook you have the floor. I've talked to the president and the chairman of the

Beaufort County Community College. They're in favor of this folks in Washington County are benefiting from this, and most importantly the students. The students will benefit from this and that's why I focus it should be, and this is a good bill and we need to pass it. Any further discussion or debate? Hearing none the question for the senate is the passage of senate committee substitute the house bill 39 on the second reading. All in favor aye, oppose will vote no five seconds be allowed for the voting the clerk will record the vote. Newton aye, 48 having voted the informative and zero in the negative senate committee substitute the house bill 390 passes its second reading without objection be read a third time. North Carolina enacts. Any discussion or debate? Hearing non, the question before the senate is the passage of committee substitute the house bill 390, all those in favor say aye? Oppose no? the ayes have it, senate committee substitute house bill 390 passes its third reading, it will be sent to the house for concurrence in this senate committee substitute One final bill for concurrence, senate bill 336, clerk will read Senate bill 336 state planning uniform trust code. Senator Hardsol is recognized to explain the motion. Mr. President, members of senate, I would ask that we not concur on this particular piece of legislation at this point. There was an addition in the house that is generally unacceptable. It was not in the original senate bill and I think we had actually reached an agreement on how to address in any of but I would ask you not to concur. Senator Hardsol asks that you do not concur, we're having further discussion or debate on the motion? Hearing non, question before the senate is the motion to concur the House committee substitute to senate bill 336 all on favor of vote aye, oppose of vote no. Five seconds will be allowed for the voting, and the clerk will record the vote. Newton no, four having voted in the affirmative and 44 in the negative, the senate does not. Mr. President Senator Brad what purpose do you rise? I was doing refreshing criminal records to see when Bingham and Tillman were in jail, and I hit the wrong button Senator Broc changes his vote to no, Senator Bryant changes his vote to no, Senator Daniel changed his vote to no, Senator Wadell? No Changes her vote to no that's unanimous. Zero on the affirmative. Mr. President, looking at those four, I kind of like to object to them changing votes because it will but anyway we're good. Zero having voted on the affirmative and 48 in the negative, the senate does not concur any motion and the house will be be notified. And that wraps up our calendar for the day, at this time we would like to say thank you for the great work that the Pages have done for the Senate this week, Pages we hope you've enjoyed your time here and hope to come back and see us, thanks so much. Senator Brian, do you have your microphone on? Thank you. Do we have any notices or announcements? Senator Alexander, for what purpose do you rise? Point of personal privilege. Senator Alexander You've the floor for a point of personal privilege. Thank you very much. On July the 11th, 1851 the conjoined twins of Millie and Christine McCoy, were born in the slavery in Columbus County. Bright engaging in talent the twins soon attracted the notice of legendary 19th century filming including P. T Barnum. A bizarre series of sales, kidnapping and custody battles ensured blinding the twins early years until the mother and the owner tracked them down in England and returned them to United States. Their unusual situation highlights the cruel absurdities of slavery laws. Their mother could plea to the twins return as a free woman in English courts but on American soil she and the girls were considered property. After the civil war, Millie, Christine took there new found freedom on the road with Millie singing alto and Christine soprano while they danced and played the piano in a travelling circus. Audiences knew them as the Carolina Nightingale. They traveled around the world learning several languages, they even visited Queen Victoria who gave them matching butches. After Earning $25, 000 each show season Millie Christine were able to purchase the farm, where their family had labored as slaves who built a large house where they retired. They passed away within hours of each other in 1912 and rested in a double coffin under a tombstone inscribed, a soul with two thoughts, two hearts that beat as one. Senator Brown for what purpose do you rise? An announcement. Senator Brown you've the floor. Just a reminder to Republicans for caucus immediately after session. Senator Davies for what purpose do you rise? Brief moment of privilege. Senator Davies you've you floor.

Thanks Mr. President, members I want to thank those who complemented me on my dress today. You know after yesterday's heated debate and confusion over the Davis's here, I decided Senator Rucho to go home, pull up my sole Mecklenburg phone book, and I called Mrs. Ford. Mrs. Ford, Senator Ford's wife, I said now Mrs. Ford you know Senator Ford he dresses to look decent half the time alright, give me some tips though on what you do. As he gave me some tips I was writing it down and now I was getting off the phone whether and she said, Senator Don Davis hold on. You're not the issue, I just forgot something. I forgot the schedules eye appointment. And in the words of Senator McKissick today he said, you're looking good, looks like you're ready for tribunal. Any further notices or announcements? Do we have any further business to come before the Senate? If none the Chair recognizes Senator Burger for a motion. Thank you Mr. President, just in time. Mr. President I move that the Senate do now adjourns subject to the standard stipulations set forth in Senate Rule 24.1 ratification bills, appointment of conferees, receipt of committee reports, receipt of House messages, to reconvene on Monday July 20, 2015 at 1:30 P. M And for the record that 1:30 P. M session will be just an opening so that the clerk's staff can get some stuff done. We will not have any voting session until seven o'clock thank you senator. The motion of the senator now adjourns subject to the stipulations stated by Senator Burger to reconvene Monday, July 20th at 1::30 P. M. Seconded by Senator Wells. All in favor say aye? aye? Opposed no? The ayes have it, the Senate stands adjourned.