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Senate | August 5, 2015 | Chamber | Senate Session

Full MP3 Audio File

Senate will come to order, Sergeant-at-arms to close the doors, members to go to the seats, members and guests from the gallery, please silence all your electronic devices. Leading the Senate in prayer is Senator Sanders of [xx] county, ll members and guests in the gallery Let us pray together. Father your love for us is beyond challenge, Your disciple John tell us this way for God so loved the world he gave his only begotten son, the God you're truly God for but is also written I have seen nor your heard neither have entered to the heart of man the things you have prepared for them if they love you, let our love for you increase daily for is does so our love will increase for each other and love overcomes the multitude of trespasses as we in this chamber have been set as the orders and the gates of North Carolina may we be found worthy, for it's in Jesus name we pray. Amen. Senator Berger is recognized for a motion. Thank you Mr. President. The journal of Tuesday, August 4th 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 August 4th stands approved as written. Senators we have leaves of absence granted today for Senators Cook, Foushee, Lee, Lowe, Smith-Ingram, and Tillman. Senators the chair is happy to extend courtesies of the floor today to my nephew Lee Blanton who is here with Reid, stand up and wave to the folks from Shelby, North Carolina. Reid, it's good to have you here. Senators, that takes us right into the calendar for the day starting with local bills Conference Report for adoption Senate Bill 50, the Clerk will read. Senate Bill 50, Wilson County Occupancy Tax Modification. Senator Bryant is recognized. Thank you, Mr President. Members of the Senate, this is a Conference Report that basically adopted pretty much the Senate version on this occupancy tax with a few more specifics that were tailored for our local jurisdiction. We're very pleased with it, and ask you to vote to adopt the report. Thank you. Senator Brian ask that you adopt the report. Do we have further discussion based, Senator Brown purpose do you rise? May ask Senator Bryant a question. Senator Bryant do you yield for a question? Senator Bryant, does this change house has had a long time rule, where two thirds to be spent on advertising, one thirds on projects. Does that change that allocation in any way? No it's one third on capital, the only thing we do that is different is to allocated to a specific effort for sport complex is to enhance the sports complex that are priority for our tourist department. That's the only difference, but the percentages are the same, or as required by the guidelines. Follow up. Senator do you yield for a follow up? Yes. So you're saying the two thirds it's for advertising has not changed at all no, there's been no change in the percentages as required by the guidelines. Okay, thank you. Any further discussion or debate? hearing none the question before the senate is the motion to adopt the conference report for senate bill 50 all in favor  vote aye, oppose will vote no. Five seconds to be allowed for the voting, the clerk will record the votes. Ford, aye. Jackson, aye. McIssick, aye. Blue. 41 having voted in the affirmative and two in the negative, the conference report for senate bill 50 is adopted and the house will be notified. Senator's leave of absence for senator Blue. House bill 168 clerk will read.

House bill 158. Exempt builders inventory. Senator Brown is recognized to explain the bill. Thank you Mr. President. I think this bill is one that's been through two committees, went through commerce went through finance, a lot of good debate it deals with exemption of increase in value of property tax for inventory held by builders. The first piece of it deals with residential property, and it excludes for three years increase in value due to subdivision improvements in buildings of either a new single family residence or duplex, and the second piece is for commercial property and it excludes for five years the increase in value due to sub divisions and improvements, but it excludes any type of buildings. And also these properties have to be listed for sale continuously, and also the builder has to yearly apply for this exemption. I think that passed out of the committee pretty much anonymously so I ask for your support. Do we have any discussion or debate? Hearing none question before the Senate is the passage of Senate Committee Substitute to House Bill 168 on its second reading. All in favor will vote aye, opposed will vote no, five seconds to be five for the voting and the clerk will record the vote. Barefoot aye, Rucho aye. 39 having voted in the affirmative and 4 in the negative Senate Committee Substitute to House Bill 168 passes its second reading without objection, will be read the third time. North Carolina General Assembly enacts. Any discussion or debate? Hearing none the question before the Senate is the passage of Senate Committee substitute to House Bill 168 on its third reading, all in favor will say aye? Opposed no? The ayes have it. The Senate Committee Substitute to House Bill 168 passes its third reading, it will be sent to the House for concurrence in the Senate Committee Substitute. House Bill 571, clerk will read. House Bill 71, Judicial Review of EPA Clean Power Plan. Senator Wade is recognized to explain the bill. Thank you, Mr. President. As I promised when we had our Ag Committee meeting two weeks ago that we would go back with staff, partisan staff, non-partisan staff with Dinar dig energy, the electric cops and talk about what we could do with this particular plan and legislation and make it better and that's what we've done, we've had several meetings with stake holders and discussed this. I've come up with an amendment with all stakeholders that either they are nature on or diner support to present to you today and with that said. Mr. President I'm like it's important amendment. Clerk will read. Senator Wayne moves to amend the Bill. Senator wayne is recognized to explain the amendment. If you have it before you, this amendment does four things. Section one really all it does is deal with definitions. Section two, puts in the fact that it prohibits the creation of state implementation plan with one exemption, and that is the Dinares[sp?] directing in consultation with the Environmental Management Commission under the Utilities Commission, and the public staff for the Utilities Commission to develop and submit state implementation plan, but focus only on the thermal efficiency mandates, and that is defined in building block one. The third section is really about reviews and rule making process. It is somewhat similar to what we did for Shell Gas rules. Really what it does is make it whenever the Environmental Commission comes up with rules that we can review those without even in short session without having to wait to the next long session. In section four, directs Dinar to bring forth legal action against EPA in the appropriate federal court or courts to challenge the EPA clean power plans to the extent it is inconsistent or contrary to the Clean Air Act. And that's all this amendment does. Do we have any discussions or debate on the amendment? Hearing none, the question for the Senate. Senator Woodard, for what purpose do you rise? Speak to the amendment, Mr, President. Senator Woodard you have the floor to speak to the amendment. Thank you Mr. President. Ladies and gentlemen simple put this amendment is unnecessary. Secretary Van der Vaart and Deputy Director Evans have already told us that North Carolina will have no difficulties

meeting the EPAs targets outlined in the clean power plan. Duke Energy is well on its way to meeting goals as well. Just this past month after the announcement of the details of the plan Lynn Good, Duke CEO, said this, this ambitious plan seeks to build on the substantial progress Duke Energy and other utilities of major [xx] environmental footprint even without federal regulations our company has reduced Carbon dioxide emissions from our power plants by 22% since 2005 as we continue to move towards a lower Carbon future we'll continue to work constructively with states to identify customers solution that preserves the reliability and affordability that our communities expect. In addition to achieving those dioxide, carbon dioxide reduction of 22%, this is reduced is sulphur dioxide and nitrogen oxide emissions 86 and 65%, in addition the company has worked into extent the use of nuclear plant which provide zero Carbon clean energy and at the end of 2014 the company owned or had under contract more than 3000Megawatts of wind, solar and biomass. and as we all know Duke has been very aggressively retiring many of it's older cold plants across the Carolina's replacing them with state of the art a session called a natural gas facility and the legislative of this champion by Senator Apodaca just this session, the actual plant will be converted to natural gas by 2020. The reality is this, the status quo will result in North Carolina is successfully meeting the clean power plant's goals. We don't need to mess with success. So why are we messing with it? Obamacare for the environment. Obama air. Of all the details of the plans we've announced this week, critics in Washington and the main stream media were already pouncing on the plan and with this amendment we're getting right in line with him but this amendment just doesn't stand the scrutiny the EPA is giving States the unprecedented flexibility in designing an approach to comply with the rule that works best for them. This amendment would severely limit the state to just one option. As said on Monday as we continue to modernize our system, energy diversity will be important. Nuclear, natural gas, state of the art co-hydro and energy storage. North Carolina is already strong in renewable energy like those CEO good mentioned, the state should take advantage of this success that we've had. Why are we giving up flexibility in this rule with this amendment. The attorney's commission says that North Carolina already has the most efficient cold fleet in the nation requiring increased deficiency from our existing cold plants under this amendment will be the most expensive path for the consumer. This amendment will force North Carolina cold plants to double, double the efficiency of the most efficient plant in the world. How much will that cost and who pays for that? I think we know the answer and that even assumes that we could make this unrealistic efficiency goal. Why are we going to go with the most expensive option for our consumers. EPA's final rule require states to address all three building blocks, components of the plan. This amendment dooms North Carolina to have our plan disapproved, or we're only speaking one as Senator Well pointed out. This amendment all but ensures that the federal government is going to impose it's plans on North Carolina, not allow us to have power plan. Why do we want federal government design to be on us. The Governor has already said, and this amendment speaks to the fact, that we're going to sue the EPA over the clean power plan. Why not follow South Carolina's plan, since they plan to sue as well. They are working through a stakeholder process that's going to result in a reasonable

plan that they will have in place whenever the law suits are settled. Since we are so far into our reasonable plans, well on target to meet our goals as state agencies and in corporations, why stop now? Why limit the work on this plan? Allow the stakeholders, DEENA, all of the other energy providers of various kinds to continue their work simultaneously to the certain legal action. Once again folks, we're kicking the hornet's nest, and there's one thing I've learned, if you keep kicking the hornet's nest eventually you're going get stung. This is a hornet's nest we don't need to kick. We're going to get stung. I urge you to vote against the amendment. Senator Wade, for what purpose do you rise? To see if Senator Woodard would yield for a question. Senator Woodard would yield for a question? Yes. Senator Woodard, I hear you talking against the amendment. Should I assume that means you are for the original bill which says basically do nothing for a plan? The status quo as I have outlined in my remarks puts us on a path to meet the EPA standards outline in the clean power plant. Senator Wade, for what purpose do you rise? Follow up. Senator Wade, do you yield for a follow up? Yes, sir Do you understand Senator Woodard that if we do nothing and stay on our present course and we don't do a state plan that we're running the risk of having a federal for plan written for us by the EPA? I understand that under this plan you're running the risk of having the EPA come right on the end. We have a plan in place, we are executing it and you've heard secretary Vandenbergh say that in committee, in the media, you've heard Lyne Wood's comments on this we are well on path under this. You heard me say the status quo is success. You're kicking the hornet's nest by continuing to go against the plan as proposed. Senator Wade for what purpose do you rise? Senator Wade, do you have a follow up question? Yes please. Senator Wooda do you yield for a follow up? Yes,   Senator Wade, I believe an egg that the secretary Dinah suggest we do the first building block, is that not correct? I'm sorry do the what? In our act so many I believe the secretary Dinah suggest that we do first bill [xx] okay, any further discussion or debate on the amendment? Senator Jackson for what purpose do you rise? Ask bill sponsor a question. Senator Wade do you yield? I do Senator Wade, I have a question about section four which is and unrelated to a lot of the need of the bill. Section four direct the secretary Dinah to bring in action to challenge the EPA clean power plan, my question is if the secretary for some reason, refuses to bring the action is he in violation of that section? I believe the way it's written, if he found that it was a problem with the clean era act. Follow up,   Senator Wade do you yield for a follow up? Yes I do My follow up just an attempt to clarify your answer Senator Wade so if the secretary decides that the EPA clean power plan is not inconsistent or contrary to any federal law. Then under section four the secretary does not have to bring an action. Is that what I understand you to say? That's correct. Thank you. Sen. McKissick, for what purpose do you rise? To see if Senator Wade will yield for a question. Senator Wade do you yield for a question?   Yes sir, for you Senator Mckissick Thank you Senator Wade, I know you indicated there'd been a  stakeholder process you've been working on with folks over the last week or two and I was wondering the extent to which  environmental groups were part of that process, and in particular entities such as the Sierra Club because I know you indicated in your remarks that either these groups or the stake holders that you have met with did not object to your amendment or either the secretary supported this effort. Is that correct? Thank you Mr President. Yes Senator McKissick when I was talking with the secretary we did discuss all the stake holders as the process went along and he certainly

said that they will be capable, the staff and the secretary of meeting with different stake holders as the processes progressed Follow up. Senator Wade do you yield for a follow up? Yes I do.   So were those stack holders drought together to discuss the amendment that before us today in terms of them being able to have meaningful input into the content of this amendment and did they basically say they din't object to it. I mean it's, can you elaborate further on that I might have misunderstood your original comments Senator McKissick it was the stakeholder that are laid around already and that's the stakeholder that I was at the meeting  with staff has meet with Sierra Clud or other environmental groups, I have no knowledge of that. Last follow up Mr President yield. Yes I do. As you're aware recently Senator Apodaca was a great advocate of conversion of a power plant service welcome county to a [**] natural gas which I completely supported. I think he was right on track in terms of Moving things in that direction. Based upon the contest of your amendment would it preclude that a being one of the options that will be open to satisfy our state plan requirements. Is it focused purely on the cold fire plants, and making the cold fire plant more efficient senator McKissick [xx] decision. One quick follow up. Senator Wade, do you yield? Yes sir. I do so you are understanding gas power plants and convergence could be considered as a part of the process under the amendment you have proposed at this time is the language which tends to suggest otherwise it tends to suggest the focus only upon the calls for our plans Is thermal efficiency so Thank you speak on the amendment. Sen. McKissick, you have the floor to speak to the amendment. The thing that I appreciated about House Bill 571 when it came over to us, that it allow for collaborative stakeholder process, for everybody to be involved in development and appropriate state plan and I think that type of process has pretty much been turned about phase about 100 degrees with what I'm seeing coming forth at this time. I supported Sen. Apodaca in his efforts up in Buncombe county with that conversion I think he's on the right track I think those types of conversion make a lot sense. It's always good to look at renewables as well, but from what I see in this amendment, in terms of going forward we wouldn't be able to do that, and that deeply concerns me because I think all options ought to be at the table and all stakeholders ought to be at the table because the way you make your best decisions, you develop the best plans is with the constructive, collaborative input of everyone. So I wish that we still had the House version of this bill before us. I do appreciate Senator Wade's efforts to go back and to try to work on this and to bring forth something that's different from what it was originally. However, I don't believe that it accomplishes what I would consider a best practices example for getting the job done in a way that would be in the best interest of the State of North Carolina. Senator Wade, for what purpose do you rise? To ask Senator McKissick a question. Senator McKissick, do you yield? Absolutely for Senator Wade. Thank you, Senator McKissick. You are aware that the DENA is not in favor of the House Bill the way it was sent over, afraid not. It's my understanding that he would appreciate it, aspects of the House Bill, perhaps it could be tweaked or worked upon? At the same I think the House plan set forth parameters for achieving a better outcome, and a better result than what we have before us today, and more importantly to look at all the options they might be open to get the best plan, and so notwithstanding, I think the Secretary while supportive originally also perhaps had

concerns that needed to be addressed, but I have not personally spoken to the Secretary. So I do want to prefix my response by saying that, thank you. Any further discussion or debate on the amendment? Hearing none, the question before the Senate is the adoption of Amendment 1. 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. 31 having voted in the affirmative and 12 in the negative Amendment 1 is adopted, the bill as amended is back before the Body. Do we have any further discussion or debate? Hearing none, the question before the senate is the passage of senate committee substitute house bill 571 as amended on its second reading all in favor will vote aye opposed will vote no five seconds bill out for the voting and clerk will record the vote 32 having voted in the affirmative and 11 in the negative senate committee substitute House Bill 571 as amended passes it second reading without objection be read a third time North Carolina general assembly enact Any discussion ore debate? hearing none Mr. President Senator Bryan for what purpose do you rise? I was rising to change  my vote on second reading from aye to no Bryan changes her vote from aye to no, in discussion or debate? Hearing none question before the senate is the passage of Senate committee substitute House Bill 571 as amended on its third reading all in favor will say aye, Aye! Oppose no the ayes have it. Senate committee substitute House Bill 571 as amended passes it's third reading then will be engrossed and sent to the house for the concurrence on the senate committee substitute final count on second reading 31 the 12th senator Bryan, Mr. Senator for purpose what  do you arise? I just rising and change my vote in House bill 168 from Aye to No. final column 168, 38 five, Senators upon the motion of Senator Raven of Brunswick county the chair is happy to extend courtesies of the gallery to county commissioner Frank Williams, Frank if you're with us please stand to be recognized thanks for joining us in the senate today Chair is also happy to extend courtesies of the gallery to the Governor's pagers with us today the Governor pagerswill stand and be recognized thank you for joining us today as well. House Bill 792 clerk will read House bill 792 privacy protection from revenge postings Senator Jackson is recognized members present, members we'd a long debate, discussion last week on this bill and I think Senator Robinson has an amendment that we've clarified to everyone's approval to the best of my knowledge. But while I'm up, Mr. President, I have an amendment I'd like to run and it's on the dashboard. Thank you, Senator The Clerk will read. Senator Jackson moves to amend the bill.  Senator Jackson is recognized to explain the amendment.  Thank you, Mr. President. Members, this amendment was brought to me by some of my friends from the Charlotte area and we're trying to address the issue that's been going on over there for many years and this provision actually will be able to address the naked neighbor issue as it's been referred to in the subdivision I think they are in Charlotte. And basically what it says is, unless the conduct is prohibited by another law, providing greater punishment, any person located in a private place who shall willfully expose the private parts of his or her person with the knowing intent to be seen by a person in a public place, shall be guilty of a class two misdemeanor. And I'll be glad to answer any questions and I would ask for your support. Thank you. Every discussion or debate on amendment five. Senator Stein for what purpose do you rise? To ask the amendment sponsor question. Senator Jackson, do you yield for question? Yes Sir. I'm looking at the underlying bill and it's relevant to your amendment in that, I wanted to make sure we had the provision where somebody exposed their private parts inside a personal residence, private residence to someone else in a private residence, in a way that was abusive. do you know if that's an underlying bill? That's in the original bill as it was sent forth, Senator Stein. Thank You. You're welcome. Any further discussion or debate on Amendment 5? Hearing none, the question before the Senate is adoption of Amendment 5. 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. 43 having voted in the Affirmative and 0 in the

Negative, Amendment 5 is adopted. The bill as amendment is back before the Body. Senator Robinson, for what purpose do you rise? To send forth an amendment. The Clerk will read. Senator Robinson moves to amend the bill. Senator Robinson is recognised to explain the amendment. Thank you Mr President, and I too certainly want to thank Senator Jackson for our continuous work on this. It's good to be able to work to come to some resolution that is beneficial and he has certainly done that. So I'll let Mike know you're still doing your job down here. But on the subject Mr. President, the amendment here addresses several concerns that we've heard throughout this body. And the first part amends the bill to make revenge posting of class one misdemeanor for first time offenders under the age of 18. For those over the age of 18 it still is a class H felony. And any subsequent action will be class H felonies for all ages. There's been a lot of debate about the amendment and I certainly understand because I'm concerned too about the impact on those who suffer the consequences of this but we also are concerned about kids who do stupid stuff, and with the felony at a young age, 14 that's going to impact their total lives without an opportunity to actually redeem themselves. Lowering this penalty to a misdemeanor does not affect the victim's ability however to bring a law suit against individuals who disclose images which could result to $1000 per day, violation and damages on top of punitive damages and a [xx]. The other thing you may note is, the other line says the violation of the section is an offence adittional to other civil or criminal provisions and is not intended to repeal or preclude other sanctions so that way if there're other violations that person could still be held responsible for those. Hopefully this answers a lot of the concerns and questions from a lot of you as well as from a lot of the public but it does do that in terms of giving the kids under 18 an additional chance to get it right and make sure they go forward and don't do it again so I ask for your support and thank you again Senator Jackson. Do we have any discussion or debate on amendment six? Senator Jackson for what purpose do you rise? To ask the amendment sponsor a question, Sen. Robinson, do you yield for a question? Yes. Senator Robinson, is this the same version of the amendment that you introduced last time or is this different? This is different as a matter of fact this is a minute that has been changed back two or three times so Senator Jackson the original of them again but this is a different one from the very last family around the floor. Thank you, follow up. Senator do you opt for a follow up? Yes. Could you just explain to us for those of us who weren't part of the discussion about the evolution of this how this is different from the last amendment you filled? Okay, the evolutioning committee was, this was originally my proposal to make sure that the kids under 18 at the first offense have a class one, however as we discussed on the floor and we changed, it changed it became the last version you saw was a class one misdemeanor for everybody under 18 and older and I'm sure that's where there was a lot of objection. This is different, it does a couple of things it only makes that the class one misdemeanor on the first offense for offenders under 18 and it also does not accuse them of any other violations they have. If they have other offences that they could be convicted of they still would be responsible for those and then of course on subsequent offences 18 over or under would have a class age, and on the first offense over 18 class age felony, I'm not a lawyer so I'm doing the best I can with this stuff.  Any further discussion or debate on amendment six Sentor Newton for what purpose do you rise? To speak to the amendment.

 Senator Newton you have the floor to speak to the amendment. Thank you Mr. President. Colleagues thank you Sen. Bryant for your efforts to try to work out. I'm sorry Senator Robinson, I apologize, I was looking at Senator Bryant, I was looking at Senator Bryant shouldn't be looking at Senator Robinson. Forgive my thoughts, I apologize. I appreciate your work on trying to improve this amendment. But I must vote against it, I've thought about this a lot since we've discussed it, I've thought about it since the topic first came up. We're talking about posting for the intent, of ruining someone on the internet sexual acts, explicit sexual videos or photographs, with the desire to ruin someone. We are talking about videos and pictures that are probably never ever going to be capable of being scraped from the internet, once they're out there they're going to live with that typically a young woman for the rest of their lives. DAs have a lot discretion. If there's youthful indiscretion when it's not that severe case, DAs don't have prosecute. They can defer to prosecution if it's a first time offense and so forth. We have all kinds of criminal laws on the books that we don't make exceptions for those who're under 18. Lot's of kids steal cars when under 18 doing something stupid when they are young. Lot's of kids break into homes and do things stupid when they are young we don't make exceptions for them and say because they're under 18 it's a misdemeanor. I cannot support this amendment, I understand the thinking behind it, but I want to encourage my colleagues to vote against the amendment. Senator Jackson for what purpose, Senator Apodaca for what purpose do you arise? To speak on the amendment Senator Apodaca you've the floor to speak on the amendment Thank you Mr. President, members I often refer to my two children as dumb and dumber? And reason I refer to them as that is for some of the things they did when they were under 18, and I think back to that, and maybe we should get one pass as long as we didn't use a gun, or harm someone or battery, injury, something of that, so I think as we are for we need to remember. Under 18 you do deserve probably one break, I know back when I was under 18 it was a different time, and I got a couple of breaks. You get driven homes sometimes in a small town, you don't have that now. So I think the amendment is good and Senator Robinson I'm going to support your amendments and encourage everybody else to. Do we have any further discussion or debate on the amendment? Senator Barefoot for what purpose do you rise? To speak on the bill. On the amendment senator? Yes on the amendment. Senator Barefoot you've the floor. I have given a lot of thought to this too, but the way I did was from the victims side and I'm going to have to support Senator Davis. I'd rather have my wallet stolen, my car stolen, I'd rather be shot in the leg than have a naked picture of me posted online. You probably would like that too but I think what's important here and, is to remember the longevity of what the victims are going to suffer under this. And I know that there are some things we'd like to just under the table. We've all made mistakes where we've been given grace in our lives and we're thankful for that. But in a lot of those situations the devastation to the victim is probably not as long lasting as to the devastation in this situation. And while I'm not an expert of the criminal law, what I would tell you is I think that the victim need to thought about in this amendment, and so I'm going to urge you to vote against it. Senator Robinson, for what purpose do you arise? To speak once again. You have to floor to speak to the amendments Senator Robinson. Yes. Ladies and gentlemen I do understand and being a woman myself and I know that this happens to teenage girls. If it is a difficult situation.

But seeing what has happened and I'm just as concerned about what technology has done in terms of balance and all of the other things that are going on too and how kids are exposed to all of these and what they do because somebody else does it. But I also have to look on the side of the parents who give their best to teach. Now is still a conviction class one misdemeanor, you don't get off, You don't get off. there are penalties, so you still have got to pay a price. It's just that you don't get a felony, so I think we just need to keep that in mind. I'm not saying that it's not wrong, but I also think that we don't need to pack the jails with more criminals for life, and this wouldn't be for life, I don't guess, but the felony is that really hurt kids forever. Well we can give them an opportunity to redeem themselves, give them a lesser penalty. So I do understand, but I do think that this calls for a little deeper thought and consideration. Any further discussion or debate on the amendment? Senator Harrington for what purpose do you arise? Speak on the amendment. Senator Harrington you have the floor to speak to the amendment. The victim doesn't get a second chance. The victim is victimized 24/7 for the rest of their life. It's going to affect any moment that they leave, I urge you to vote against the amendment. Senator Jackson for what purpose do you rise? [xx] to speak on the amendment. Senator Jackson you've the floor to speak on the amendment. Well before I do that I'd would like to ask Senator Newton a question if. Senator, do you yield for a question? Of course. Thank you Mr president. Thank you Senator Newton. How long is a felony on a persons record? A felony is on a persons record for their life just like a misdemeanor. Okay, thank you sir. Speak to the amendment. Senator you have the floor to speak to the amendment. This amendment that Senator Robinson I fully support. Actually from what I understand and we're trying to find out specifically, currently we don't think there's any criminal offence to posting online. We're actually putting in a stronger penalty than currently exists if we do this. Now Senator Harrington and I have had many discussions on this over the last few days and I understand exactly what she's saying and we're not trying to minimize the victim in this situation at all. But I am fully convinced that if there's a picture between, say we'll just say two 17 year olds, most of us in here were 17 at one time, I think. I would say well I think so at one time but I was going to say if Sen. Tillman was here I was just going to say I don't think he's over there but he's not here to pick on. So I can pick on you Sen. McVeigh that they are in love and they do things that they shouldn't. Well, two weeks from now they are out of love and so one of them posts the picture. Is that a crime? Well, when we get done with this, it will be a crime, it will be a misdemeanor, if you pass this amendment. If you don't pass this amendment it's going to be a felony. I don't believe even though everybody says the internet is eternal, I don't buy that. I believe eventually that will become irrelevant not trying and minimize the victim at all here but I believe the internet, and all of that will become irrelevant just as a newspaper is next week from today's news. But this felony will last with this 17 year old till the day they die. Do we realize what a felony does? A felony just a couple of things, they can never vote. Never have the right to vote is what I've been told and Senator Newton shaking his hand lay down incorrect in there. They cant never own a firearm and I've even heard some judges say that they can't even being in front of a firearm so if they're a country person, they have hunted all of there lives they can't even do that can't anymore can't even be around anybody hunting and there several other things that it does that follows them the rest

of their lives and I believe  giving second chances, and I never really and I've never have on this floor quoted scripture but ye who are without sin in this room and vote against this amendment, I've got concerns. I believe in second chances and this is a second chance for a young person and I ask that you support the Amendment. Senator Rucho, for what purposed do you rise? To see if Senator Jackson would yield to a question. Senator Jackson, do you yield? I'm not.  Sen. Harrington brings up a very good point and too many times in law we spend more time being concerned about the well being of the perpetrator than the victim. But Sen. Jackson it is more than just someone putting a bad picture on the internet. Most of the time it is a significant series of harassment that make cause the victim the possibility of committing suicide or injuring themselves significantly where under the duress of that internet attack, they are permanently harmed one way or another. Whether it's a misdemeanor or a felony, the victim there really isn't any choice for them. And it's very clear that you're not supposed to do it. That's why you're bringing this forward. You're not supposed to do it and you have to have a a penalty severe enough to make sure that if one child finds they did it, I can promise you every other child in that school in the system will be well aware of don't do anything like that because it could cause harm, worse than that you'll pay a price for it and I think we should vote against this amendment if it softens this bill. Mr. President? Senator Hise, for what purpose do you rise? To speak to the amendment. Senator Hise you have the floor to speak to the amendment. Thank you, Mr. President and not a lot of interest in delving into these legal matters, but I think it's important to mention how narrow the scope we're actually talking about here. This offense is specifically for individuals guilty for disclosing of private interest as a minor. And we've had some conversation about what if it's two 17-year-olds. If you were in possession of an image that would be considered a private image of someone who is a minor at the time that image is taken, you're looking at a whole different list of charges that are coming together, this is not the charge specifically of posting a private image, so this is for individuals who would be images of people who would be adults and a minor would be posting those images because we placed in this amendment that we're excluding all other laws, so if they're guilty of other charges then this would not apply. I think this is a good step to very specifically limited to the posting of the images and they're charged and giving people an additional opportunity as minors. Senator [xx] what was your ayes? To speak on the amendment Sir,   Very well, you have the floor, speak on the amendment Thank you, as the mother, first of all I have all due respect for Senator Harrington's comment because I'm the mother of two daughters, I'm also the mother of a son and I've given a great deal of thought to this, and I would like to add to the comments of Senator Jackson that another consequence of branding branding a child with a felony is like probably you'll not be able to get a job anytime soon, and while it's true that image will be out there on the internet for an indefinite period of time. I too believe in second chances at least with respect to children, and again, I urge you to support this amendment. Thank you. Senator Tucker, for what purpose do you rise? Thank you Mr President. I call on my lawyer friend center Senator Newton could ask a question please  Senator Newton do you yield? Certainly. Thank you Mr President along the line of this amendment and this bill, if an individual has a felony or does it two times and the second time gets a felony, let me rephrase that. If a person's convicted of doing this and they receive a felony in line with that conviction are they also put on the sex offender list for a period of 30 years? I don't believe they're. Thank you. any further discussion or debate on amendment? Hearing none, the question before this senate is the adoption of amendment six. All in favor will vote aye, opposed will vote no five second will be allowed for the voting, clerk will record the vote. 28 having voted in the affirmative and 15 in the negative.

Amendment six is adopted. The bill as amended is back before the body. Do we have any further discussion or debate? hearing none, the question before the senate is the passage of the senate committee substitute to house bill 792 as amended on it's third reading. All in favor vote aye, opposed vote no, five seconds will be allowed for the voting clerk to record the vote. 43 having voted in the affirmative, and zero in the negative, senate committee substitute to house bill 792 as amended, passes its third reading. The Amendments will be engrossed to be sent to the house for the for concurrence in the senate committee substitute. And since we have one final deal for concurrence, senate bill 273, clerk will read. Senate bill 273, motor vehicles tax waived penalty interest. Senator Davis is recognized. Thanks Mr. President and members. This bill went to the House, there are two changes. There was one that was totally technical, the second basically says, that if a county opts to waive these fees then they would do it in a uniform manner. I totally support the change, and ask for your concurrence. Senator Davis asks that you concur, do we have any discussion or debate? Hearing none, the question before the Senate is the motion to concur in Senate Bill 273. All in favor will vote Aye, opposed will vote No, five seconds to be allowed for the vote, and the Clerk will record the vote. 43 having voted in the affirmative and 0 in the negative, the Senate concurs in the motion and it will be enrolled and sent to the governor. Ratification of Bills, the Clerk will read, Enrolled Bills: The Enrolling Clerk reports the following bills duly ratified for presentation to the Governor: Senate BILL 336, An ACT to amend the law  governing estate planning and fiduciaries, to amend the uniform trust code and to establish a uniform powers of appointment Act, Senate Bill 386, an Act to specify fees for recording instruments governed by the uniform commercial code with registers of deed . House Bill 584, an Act to clarify that a legislator or  a public service may reference their public position in a letter of [xx]. House bill 800, an act to clarify motor vehicle dealer and manufacturing licensing law. Senators Sen. Apodaca for what purpose do you rise? Motions Mr. President. Sen. Apodaca you have the floor for your motion. Thank you Mr. President, members. Senate bill 607, constitutional amendment tax legislation currently committee on rules move that it have a re-referral added to it, to the committee on finance. Without objection so ordered. Mr. President, House bill 117 NC Competes Act. I need to add a serial referral to appropriations based budget. Without objection so ordered. Mr. President House bill 372, 2015 Medicare monitorization, I add a serial referral to appropriations based budget. Without objection so ordered. Mr. President if I might a quick announcement and a moment of personal privilege. Thank you Mr. President. Members I don't know if you read the paper today but Sarah Claps[sp?] had another birthday and if you go by her office you may think someone passed, there're a lot of flowers but we just want to let you know it is her birthday, she's not giving us the age so we'll just have to find out somehow. 29 Senator. 29. Thank you Mr. President. Moment of personal privilege? You have the floor Members, you know we talk about how we're family here and we are, and sometimes it extends across to the out-laws our in-laws or whatever across the hall in the house, but in all seriousness we have a member there who is having some pretty serious surgery tomorrow morning. I hope we can all keep her in our prayers Representative Becky Carney from Charlotte spoke with her about an hour ago. She's in good spirits but if we'll keep her in our prayers and wish her Godspeed tomorrow. So thank you Mr. President. Thank you senator. Senator Stein for what purpose do you rise? To make an announcement. You have the floor senator. Thank you Mr. President. Members you all have on your desk a copy of an invitation from the North Carolina Indian American Committee. Indian Americans are a growing force in North Carolina, a force for the good. There are approximately 60, 000 people in North Carolina who have heritage from India and in fact it's the number two country in terms of the

nation where North Carolina residents were born. They've had an outsized positive influence in our state. They have disproportionate educational achievement, disproportionate impact on our economy larger numbers of engineers, of entrepreneurs, of doctors, and because a lot of them are more recent immigrants from their native India, they have a stronger connection to their homeland than many of us have whose families have been here longer, and North Carolina benefits from that relationship through more direct investment from India as well as exports to India. The North Carolina Indian American committee exists to strengthen that relationship between the United State, North Carolina and India and I tell you what, the food is going to be great, they have two shuttles that deliver from here one at 5:15 and the other 5:45 to go the restaurant Zenda[sp?] on Maple Street and I hope everyone comes. Thank you senator. Any further notices or announcements? Senator Sanders for what purpose do you rise? a moment of personal privilege Mr. President. You've the floor Senator Sanderson. Thank You Mr. President. Ladies and gentlemen is a thrill to able to celebrate Sarah's birthday with her today, but we've another birthday with somebody that is our midst today that I would like to ask for us to celebrate also. As you heard the debate in the last amendment, the last bill, I think we can realize the significance of what it means have move from the age of 17 to 18, and many of us in this chamber especially those who were elected can't remember where they were on their 18th birthday. I can't, in fact some others can't remember where we were last month, much less many, many years ago. But I know one place that I was not and I dare say probably everybody in this chamber was not, and that was serving in the chamber, the Senate chamber the day that I turned or that you turned 18. But we have a young man with us today who's one of our Pages. He's a young man that after just a day or two I know that he has a great potential. I know that God has given him a lot of gifts and talents, Zach Rabinowitz is turning 18 years old today. He had the option of whether to be here or not be here, he chose be with us to celebrate his 18th birthday, and so I think ladies and gentlemen of the Senate, that we need to give him a round of applause. Zack, thank you. Senator Brown, for what purpose do you rise? An announcement. You have the floor. Just a reminder Republicans will caucus immediately after session. Any other announcements? Senator Alexander, for what do you arise? Point of personal privilege, please. You have the floor Senator. Thank you, Mr president. On this day August the 5th, 1945, 70 years ago on the small Pacific Island of Tinian, a B-29 pilot, Colonel Paul Tibbets was getting his bomber ready for a very special mission he was to fly the next day. The name of this plane was the Enola Gay, named after his mother. The special mission was to fly to Hiroshima, Japan. Even before the outbreak of the war in 1939 a group of American scientist many of them refugees from fascist regimes in Europe became concerned with the nuclear weapons research being conducted in Nazi Germany. In 1940 the US government began funding its own atomic weapons development program code named the Manhattan project. Over the next several years the program scientist worked on producing the key materials for nuclear efficient uranium and plutonium bombs. They sent them to Los Alamos, New Mexico where a team led J Robert Oppenheimer worked to turn these materials into a workable atomic bomb. early on the morning of July 16th, 1965, the Manhattan project held it's first successful test of an atomic device, a plutonium bomb at the Trinity Test Site at Alamogordo New Mexico. By the time of the trinity test, the allied powers had already defeated Germany in Europe. Japan however vowed to fight to the bitter end in the Pacific despite clear indications that they had little chance of winning. In fact between mid April 1945 when president Harry Truman took office and mid July, Japanese forces inflicted allied causalities totaling nearly half of those in the four or three years of war in the Pacific proving that Japan became even more deadly when faced with defeat. Japan's militarist government rejected the Allied demand for surrender

put forth in the Potsdam Declaration which threatened the Japanese with prompt and utter destruction if they refused. General Douglas MacArthur and other top military commanders favored continuing the conventional bombing of Japan already following up with a massive invasion code named Operation Downfall. They advised Truman that such an invasion would result in US casualties of up to one million lives. In order to avoid such a high casualty rate and over the more reservations as secretaries of war Stanton and General Eisenhower, Truman decided to use the atomic bomb in the hopes of bringing the war to a quick end. Hiroshima, a manufacturing center of some 350, 000 people located about 500 miles from Tokyo, was selected as the first target. After arriving at the US base in the Pacific Island of Tinian, the more than 9000 pound uranium bomb was loaded up haul aboard the Enola Gay. The plane dropped the bomb known as Little Boy by parachute at 8:15 the next morning and it exploded 2000 feet above Hiroshima, a blast equal to 15, 000 tonnes of TNT, destroying 5 square miles of the city and instantly killing 80000 people. ten thousand or more died of radiation poison and later, Thank you for your interest. Senator [xx] for what purpose do you rise? A moment of personal privilege. [xx] I think we should also remember the 800 sailors that died on the Indian [xx] when they delivered the bomb to the Island they'll run to radio silence and they were sank a Japanese submarine and 800 men perished that day, but this past weekend we were driving out with my wife and girls [xx] his boyhood home and we know that [xx] was [xx] for me was close family friend from my wife and my little girl is his cousin and we took that opportunity to talk to my little girl about how important he was and how he was just and he is [xx] he is doing his job and I think about what he did that day and the impact it had to the world and really to bring an end to the war and this past Sunday in Sunday school, well we knew that a lot of people were going to protesting the moral about how awful they think it was, but for the veterans that served in World War in my Sunday school class they thought it was the greatest thing that could ever happen because a lot of them were able to come home especially those that were POWS. Any further business to come before the Senate? If not, the Chair recognizes Senator Berger for a motion. Thank you, Mr President. If I could, a short moment of personal privilege before the motion. Members, earlier today we kicked off a bone marrow registry drive here at the General Assembly in cooperation with members of the executive branch, and in recognition of the terrible toll that blood cancers take, and the promise of a bone marrow transplants in treating that disease. If you are eligible, and unfortunately if you are over 55 or under 18 you're not eligible, but if you are eligible they are still there and all it takes is a swab and they will check to see if you are a match with someone and you could actually save someone's life. So if you are eligible I would urge you to consider going down there. Mr. President with that I move that Senate do now adjourn subject to the standards stipulations set forth in Senate rule 24.1, ratification of Bills, the appointment of conferees, receipt of conference reports, and receipt of House messages to reconvene on Thursday August 6th, 2015, at 11:00 A. M. The motion that the Senate do now adjourn subject to the stipulations stated by Senator Berger to reconvene Thursday, August 6th at 11:00 A. M, seconded by Senator Van Duyn, all in favor say aye? Oppose no? The ayes have it, the Senate stands adjourned.