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Senate | July 21, 2015 | Chamber | Senate Session

Full MP3 Audio File

Senate will come to order, sergeant at arms close the doors members gather to your seats, members and guests in the Gallery please silence your electronic devices leading the Senate in prayers is Reverend Peter Milner in the Senate Chaplin and all members and guests in the gallery will please stand. Let's pray together, or we must always begin with you, because you are the beginning and you said in 2nd Samuel, the God of Israel spoke, the Rock of Israel said, when one rules over people and righteousness when he rules in the fear of God, he's like the light is to morning at sunshine on the cloud this morning like the brightness after rain that brings grass from the earth it was you heed our prayers for this righteousness to cover the land of North Carolina and the people of this Senate, it's in Jesus' name we pray, amen recognized for motion Thank you Mr. President the journal of Monday, July 20th 2015 has been examined and is found to be I move that we dispense with the reading of the journal and it stand approved as written. Without objection the journal for July 20th stand approved as written. So we have leads of absence granted today for Senator Jim Davis, Senator Gun, Senator Newton, Senator Rucho, and Senator Stein. Senators we have a nurse for the day with us today Sharander Boyken[sp?] from [xx] North Carolina is here, Boyken[sp?] please stand so we can recognize thanks for serving the senate today. So prepare the motion senator Tom Mighell of Richmond County just happy to extend courtesy for the gallery to Morgan and Vicky Smith of Stanly county whom organised the president of the North Carolina Drivers and traffic education association thank you for joining us in the today. do we have any reports on standing committees today? Any reports on standing committees? Senator Apodaca for what purpose do you rise? Multiple motions please Mr. Speaker Senator Apodaca you have the floor to your motions. Thank you Mr president house bill 538 clarify water and sewer authority powers was heard today in state local government, we were moved to referral the [xx] but [xx] referral to the finance. Objections are in order. Thank you Mr. President Senate bill 575 North Carolina original border confirmation of [xx] the day  serial referral to finance, house bill 186 [xx] water resources availability study. We voted the bill yesterday on third reading, we need to send it via special messenger to No objections [xx]. Thank you Mr president. House bill 842 medicaid waiver protections, it's current committee on rules that to be refund committee on healthcare. ` Objections order. House bill 575, implementation of carbon dioxide regulation in the committee on rules rereferred to the committee on [xx]. Objections are ordered. House bill 638 [xx] on wetland mitigation committee on roads we refer to the committee on agriculture. Objections are in order. Senate bill 520 amend in indecent exposure law currently committee on roads we refer to judiciary won. Objections are in order. Senate bill 671 drivers licence restoration, bill was heard today and J2 need to have a serial referral to committee on demands. Objections are in order.   Senator Banger for what purpose do you rise?  I just sent forward a committee report at the appropriate time. Senator you can send forward your report. The clerk will read. Senator Banger judiciary two committee Senate bill 671, unfavorable to bill favorable as committee substitute bill, [xx] act house bill 521 the committee substitute number one, on favor of the committee substitute bill number one. The Senate Committee substitute Bill NC Driver's Linsence Restoration Act, correction, house bill 529 committee substitute number one The Drivers Licence Restoration Act. Senate Bill 671, finance house bill 529 calendar. That takes us into our calendar

for the day Senators starting with public bill second reading, house bill 373 the clerk will read. House bill 373, 2016, president of primary, Senator Baucus is recognized to explain the bill. Thank you Mr. President, ladies and gentlemen of the Senate this will move the presidential primary in 16 to March the 15th. With that date it moves North Carolina to the forefront of the presidential selection process, that way we can have the presidential candidates here, they will already be in South Carolina in previous the months before then which so many of us share the same border with South Carolina and they're in the same media[sp?] markets as well so they're already spending their money in that area and we're just encourage him to come on up here and do a little campaign up here and that way our issues can be on the forefront on the national scene I know when we first got hit with recession, North Carolina hit first it was interesting to see what the debate was in New Hampshire and Iowa[sp] and what was happening here in North Carolina. We knew what was going to happen to the rest of the country and some of those issues could have been brought up if it was on the forefront of the voters mind or the presidential candidate at the time. All the parties have agreed to it and all parties, but the parties have agreed to the date everything is set and hopefully that we can leave this unchanged cause everybody is in agreement I think of Senator Smith-Ingram yesterday he asked me a question and I was mistaken out loud I said the wrong date or wrong amount for the wrong term, because the run off election in the year 2010, was just 25million in the year 2012, the cost of the run off election was just over $7million of the cost of having an election. We look at the turn out that we have when we have a runoff election is about at 8% and I'm sure that having a presidential selection this time will take the numbers and getting more people involved in selection of the next president of the United State, and I just legislation Can we have any discussion or debate, senator Blue [xx] Mr. President and as I will tell Senator Brooke, I'm glad that we're basically 100% another faults on this bill. because I think that the presidential primary is an interesting thing in North Carolina not to be in the forefront and sort of back in then pour some of these things when we mattered and most of them part of them when we didn't matter and so moving this thing up from May will have a tremendous impact and I'm quite frankly looking forward to seeing how 16 people will debate in some kind of venue in North Carolina and see what turns out in further discussion of the debate. Hearing none, principal passes senate committee substitute house bill 373 on the second reading I want favor of I opposes no. Five seconds will be allowed for voting, the clerk will record the vote. Say aloud the votes I 45 having gone to the infammative zero in the senate committee substitute house bill 373 passes a second reading without objection be read the third time [xx] You have a discussion or debate? Hearing none, the question for the senate is the passage of the senate committee substitute House Bill 373 on its third reading. On favour say aye? Opposed no? The ayes have it. Senate Committee substitute House Bill 373 passes it's third reading it will be sent to the house for concurrence in the Senate Committee Substitute. House bill 561 the clerk will read. House bill 561, school system authorization of legal proceedings. Senator Daniel recognize please explain the bill. Thank you Mr. President, members of the senate, this bill was brought to us I guess by the educational community, when they are involved in certain Quasi judicial proceedings and I felt like they needed some additional legislative of authorization. Section one of the bill allows boards of education to provide personnel information in cases where there's proceeding before one of these agencies, it would be things like the ESC, the EOC, the department of labor and the office of civil rights. So you might say why this is needed, currently there is question as to whether the agency needs to get a subpoena when they request personnel file information and this would only apply to the personnel file of the employee in question. Section two allows board of education to subpoena tangible items and investigation whether allegations

of employee misconduct, under current law the board of education can only subpoena witnesses they can't subpoena documents, photographs, memos that kind of thing. So this is particularly important where employees are accused of having inappropriate relationships whether with a student or some other individual and the list of tangible Items is the list from the public records law, if you have any questions I'll be glad to try to answer them but that's the jist of the bill I don't know of any opposition by the way. Do we have any discussion or debate? Senator Soucek for what purpose do you rise? To offer an amendment. Senator Soucek, send forward your amendment. It is on the dashboard. The clerk will read. Senator Soucek moves to amend the bill. Senator Soucek is recognized to explain the amendment. Thank you Mr. President and members of The Senate, this amendment does three things first thing, in two parts it clarifies the subpoena, we want to really protect our state employees or teachers. It creates an extra level of scrutiny where I just [xx] judge needs to approve this. We just thought that an outside source looking at this would give it extra propriety and it also goes into greater detail on exactly what can be subpoenaed how that works I think that it clarifies things to make sure that the school system of children being protected and so the rights of the teachers and the second thing is it creates a five years more [xx] school boards being able to sue county commissioners over funding issues and third thing is just some grammatical errors capitalization mistake that we corrected and willing to her any questions you've got. Any discussion or debate on the amendment? Hearing none, the question for the senate is the adoption of amendment one. All in favor will vote aye oppose will vote no, five seconds to be allowed for the voting. Clerk will record the vote [xx] I, clerk I 38 having voted in the affirmative and seven in the negative Amendment one is adopted, the bill as amended is back before the body is there any further discussion or debate. Mr. President. Senator Ryan, for what purpose do you rise? I just wanted to mention that I appreciate some of the components of the amendments that Senator Suschek brought forward. It sounds like there some components in this amendment I was quickly trying to read it that are averse departure from what the subject substance of the bill was previously I will just be objecting the third reading until I can at least communicate with my constituency and get a grasp of all or what are these additions I'm doing just wanted to make the body aware of that. Thank you. Any further discussion or debate on the bill as amended, hearing none question before the senate is the passage of the committee substitute to house bill 561 as amended on it's second reading those favor vote Aye, oppose will vote no, five seconds be allowed for the voting clerk will record the vote. 41 having voted in the affirmative and 4 in the negative committee substitute the house 561 has amended past the second reading without objection be read a third time. Senator Brian objects the third reading it will remain on the calendar that's all we have on our calendar for the day, do we have any notices or announcements today? Senator Blue for what purpose do rise? Open for announcement?   Senator Blue you have the floor. Democrats will caucus immediately after session. Senator Brown, for what purpose do you rise? For an announcement. You have the floor. Republican will caucus as well. Any other notices or announcement? Senator Pate for what purpose do you rise? Mr President I just received some committee report if you'd like me to hold them up I need to sign first so I get it right up to you.  Okay Okay, Senator if you could just get it up to the clerk Senator Pate Senator Brock give them to the clerk will read them after the session, any other notices and announcements? Any further business come before the senate now the Chair recognize the Senator Berger for a motion. Mr President I move to the senator do now adjourn subject to standard stipulations set forth in senate rule 24.1 received messages from the house to receive a community report appointment of conferees to reconvene on Wednesday July 22nd at 2pm. Motion of the senator now adjourned subject to the stipulation state of by Senator Bugger try to reconvine Wednesday July 22nd at 2 pm seconded by Senator Graham all in favor say aye. There's no the aye have it, the senate stand adjourned.