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Senate | June 19, 2014 | Chamber | Thursday Proceedings

Full MP3 Audio File

Senate will come to order. Sergeant at arms, close the doors. Members go to their seats. Members and guests of the gallery please silence all electronic devices. Leading the Senate in prayer is Tribal Elder Jerry Wolf of the Eastern Band of the Cherokee Indians. Elder Wolf is a guest of Senator Jim Davis. All members and guests in the gallery will please stand. [SPEAKER CHANGES] [PAUSE] [SPEAKER CHANGES] Good morning. [SPEAKER CHANGES] Good morning. [SPEAKER CHANGES] It’s good to be here. It’s great to be here. I’m from Cherokee and I’m here to do a prayer for your session, and our grandpas and grandmas had many ways of worshiping our creator. Many ways, they did it by the beat of the drum, the sound carries up and the message is in that sound that goes up into the heavens to our father. Also, smoking the peace pipe, the smoke always goes up. In that smoke was a message to our creator. And they also did it by dance, by songs. So we had a lot of ways of praying to our father. So at this time, I’d like to take a moment of silence for our protectors here on earth, armed forces, many of our men and women are far away from home in the service, protecting us. So I’d like to take a moment of silence for them. Let’s bow our heads. [PAUSE] [CHEROKEE PRAYER] Our father God, we thank you for all the blessings we receive every day. Many times we are blessed and do not realize that we are blessed. Father, be with our leadership for our state and country. Be with them, to make the right decisions that might have all people. Father bless every person that is present. As we return to our homes, may we arrive safely. Continue to be with us for we believe in your kingdom. Until we meet again, in your name we pray and I say [CHEROKEE SONG]

[CHEROKEE SONG CONTINUES] Amen. [PAUSE] [SPEAKER CHANGES] Senator Berger is recognized for a motion. [SPEAKER CHANGES] Thank you, Mr. President. The Journal of Wednesday June 18, 2014 has been examined and is found to be correct. I move that we dispense with the reading of the journal and that it stand approved as written. [SPEAKER CHANGES] Without objection, the journal for June 18th stands approved as written. Senators, we have leaves of absence granted today for Senators Graham. ?? Senator Newton, you are going to be here the entire time? Senators Graham and Parmon. Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Mr. President I move that the rolls be suspended until the end to allow our friends from Cherokee on the floor and to put aside the headdress rule. [SPEAKER CHANGES] Without objection, so ordered. Senator Jim Davis is recognized. [SPEAKER CHANGES] Thank you Mr. President. Ladies and gentlemen of the Senate, I’m proud to have Jerry Wolf with us today. He’ll be 90 years old in September. He grew up in Cheryl Cove on the Cherokee Indian Reservation in Western North Carolina. The family home sat in the middle of what is now the Blue Ridge Parkway. Jerry had 3 sisters and was the baby. And his sisters attended boarding school away from Cherokee. On July 21, 1943 Jerry was sworn into the United States Navy. Boot training took place in Chicago and he specialized as a signal man. After basic, he took the Queen Mary to Falmouth, England where he lived on a naval base until it was time to join the action. While the men were on their way to Scotland on the Queen Mary, an announcement came over the loudspeaker that the Queen Mary had just been torpedoed. Jerry said it gave everyone a strange feeling because they were on the boat and they knew it wasn’t true. In Falmouth, the men were subject to nightly air raids that although commonplace, could be terrifying. On June 6, 1944 Jerry was among a group of 16 men aboard a landing craft tank LCT-616 as they participated in the invasion of Normandy. He was unloading soldiers on Omaha Beach. Only 1 man in his group was hit, and they landed on the beach under a storm of gunfire. Their commander, Captain Evans, told them before they departed on the LCT that they were to take cover and not return fire as they approached the beach because each man was needed to work after they landed. During his naval career he worked as an aviation repair vessel and destroyer escort. As the only Native American in his division, Jerry quickly gained the respect of the other men. He was able to run faster than everybody and he adapted very well to the strenuous work because he grew up working hard. Jerry married Juanita Bradley on January 2, 1949, a few months before he was permanently discharged from the Navy. Within a few years they started a family that grew to 5 boys and 3 girls. Jerry is a mason by trade and is one of the last Cherokee stone cutters. And his work can be found throughout North Carolina and some outside of the state as well. He retired from federal service in 1985 and since then he’s been working at a Cherokee museum as a greeter. He is often asked by members of the community to myths, legends and the nuances of stick ball. He recently led a class of men in that art. Jerry travels around the Southeast and often asks to represent the tribal perspective on plants and animals of the Great Smokies. He has assisted in translating documents into Cherokee as he writes and reads using the Cherokee syllabary. He has spent a lot of time in local schools, sometimes teaching the fundamentals of the Cherokee language, and sometimes telling stories of the Cherokee people. He was named a beloved man of the Eastern Band of Cherokee in the Spring of 2013. He was also honored in 2013 for his military service for the civilian marksmanship council. He was awarded the North Carolina heritage award in 2002. He provided consultation to the Smithsonian Institute for the Our People exhibit for the national

?? of the American Indian in Washington, DC. In 2008, he received an award from the North Carolina State Legislature for his contributions to the Eastern Band of Cherokee and the State of North Carolina as a storyteller and stick ball caller. In October 2010, he was among a group of men that were able to on the honor flights that they have to DC, he was honored to attend there. And he has been one of the longest term members of the Lions Club in Western North Carolina and he continues to support its' activities throughout the year. Ladies and gentlemen of the Senate, I also have a long list of other accomplishments that he has amassed in his life here, but I am honored to represent this man. He is an iconic Cherokee and Jerry, thank you so much. I appreciate that prayer and you're a great American. Thank you so much, sir. [SPEAKER CHANGES] Senators upon the motion of Senator Jim Davis. Senators, upon the motion of Senator Jim Davis of Macon County, the chair is happy to extend courtesies to the floor to members of the Eastern Band of the Cherokee Indians, including elder Jerry Wolfe, vice-chief Larry Blythe, tribal councilman Tudi Crow, tribal councilman Perry Shell, Geri Wolfe-Grady and Shawn Grady, daughter and son-in-law to the Jerry Wolfe. Welcome to the Senate floor. Thank you for joining us today. Senators, upon the motion of Senator Michael Walters of Robeson County, the chair is happy to extend courtesies of the gallery to Jane Smith of Lumberton, North Carolina. Miss Smith, are you with us in the gallery? If you are, please stand and be recognized. Welcome to the Senate. And upon the motion of Senator Shirley Randleman of Wilkes County, the chair is happy to extend courtesies of the gallery to Director of Staff, volunteers and children from the Ebenezer Christian Children's Home. If you are with us in the gallery, please stand and be recognized. And senators we do have a nurse of the day with us today. Our nurse is Richard McGowan of Clayton, North Carolina. Richard, please stand. Thank you for your service to the Senate today. Ratification of bills, the clerk will read. [SPEAKER CHANGES] Enrolled bills. The enrolling clerk reports the following bills, duly enrolled, for presentation to the governor. Senate Bill 574, an act clarifying that certain civil actions relating to groundwater contamination are not subject to the ten-year statute of repose set forth in G.S. 1-52, Senate Bill 719, an act to provide that student organizations at constituent institutions and community colleges may determine the organization's core functions and resolve any disputes of the organization and to prohibit constituent institutions and community colleges from denying recognition to organizations for exercising these rights, House Bill 558, an act to allow sales tax refunds for soil and water conservation districts and regional jails, House Bill 698, an act to authorize criminal history checks for current volunteers or paid fire department personnel and emergency medical services personnel and to establish the urban search and rescue program and the urban search and rescue team advisory committee, House Bill 777, an act to amend the law that imposes residential restrictions on sex offenders to provide that a sex offender is prohibited from residing within one thousand feet of a site where a Boys and Girls Club of America is located, House Bill 1031, an act to facilitate economic development within the state, and the following bills, duly ratified and properly enrolled and presented to the Office of the Secretary of State, Senate Bill 226, an act to repeal a 1935 Durham County local act concerning firearm registration, House Bill 1158, an act amending the charter of the City of Morganton concerning the procedure for removing the mayor and members of the city council from office and making changes related to the method and time of municipal elections.

Do we have any reports of standing committees? [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Rucho, for what purpose do you rise? [SPEAKER CHANGES] Submit the Finance Committee report. [SPEAKER CHANGES] Senator, you can send forward your report. The clerk will read. [SPEAKER CHANGES] Senator Rucho with Finance Committee submits for passage: Senate bill 846, unfavorable as to bill but favorable as to Committee Substitute Bill, ?? de-annexation. Senate bill 731 Committee Substitute Number 1, unfavorable as to Committee Substitute Number 1 but favorable as to Committee Substitute Bill Number 2. House Bill 346, Senate Committee Substitute Number 1, Governing Bodies Collect Unpaid Judgments, favorable. House Bill 108, Watha[??] de-annexation, favorable. Senate Bill 729, Committee Substitute Number 1, Coal Ash Management Act of 2014, favorable. Senate Bill 742, Adjust the Utilities Regulatory Fee, favorable. House 1034 Committee Substitute Number 2, unfavorable as to Committee Substitute Bill Number 2 but favorable as to Senate Committee Substitute Bill, Volunteer Fire and Rescue Finances PED. [SPEAKER CHANGES] Senate bills 846, 731, 729, 742, calendar. House Bill 346 and 1080, calendar. House Bill 1034, Pension and Retirement. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Allran, for what purpose do you rise? [SPEAKER CHANGES] Send forward a committee report. [SPEAKER CHANGES] Senator, you can send forward your report. The clerk will read. [SPEAKER CHANGES] Senator Allran for Judiciary 2 Committee submits for passage: House Bill 189, Committee Substitute Number 1, unfavorable as to Committee Substitute Bill Number 1 but favorable as to Senate Committee Substitute Bill, title, An Act to Amend the Laws Regarding Information Provided to Non-Custodial Parents Subject to Waive Withholding Orders Under the Laws Pertaining to Child Support to make technical corrections to the uniform ?? parents custody and visitation act. [SPEAKER CHANGES] House Bill 189, Healthcare. Senators, we're going to move right into the calendar today. We'll be starting with public bills on second reading. Senate Bill 761, the clerk will read. [SPEAKER CHANGES] Senate Bill 761, Credit for Military Training. [SPEAKER CHANGES] Senator Rabin is recognized. [SPEAKER CHANGES] Yes, I'd like to speak on the bill. [SPEAKER CHANGES] Senator Rabin, you have the floor. [SPEAKER CHANGES] The bill is good for workforce development enrichment and it's also enhancing our military friendliness image. It takes and makes more effective some previous legislation with regard to licensing for service members, veterans, and their spouses and it creates a planning framework to go forward that will ensure that the boards of UNC and the community colleges have uniformity in granting college credits. I ask for your support. [SPEAKER CHANGES] Do we have any discussion or debate? Hearing none. The question before the senate is the passage of the Committee Substitute to Senate Bill 761 on its second reading. All in favor vote aye. Opposed will vote no. Five seconds will be allowed for the voting. The clerk will record the vote. Rabin, Senator Rabin in the back of the room. Rabin, aye, 48 having voted in the affirmative and zero in the negative. Committee Substitute to Senate Bill 761 passes its second reading without objection. It will be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Is there any discussion or debate? [SPEAKER CHANGES] Hearing none. The question before the Senate is the passage of the Committee Substitute to Senate Bill 761 on its third reading. All in favor will say aye. Opposed no. The aye's have it. The Committee Substitute to Senate Bill 761 passes its third reading. It will be send to the House. Senate Bill 794

The clerk will read. [SPEAKER CHANGES] Senate Bill 794, Disapprove Industrial Commission Rules. [SPEAKER CHANGES] Senator Brown is recognized to explain the bill. [SPEAKER CHANGES] Thank you, Mr. President. Before I explain the bill I have a technical amendment I need to send up. [SPEAKER CHANGES] Senator, you can send forward your amendment. [SPEAKER CHANGES] The clerk will read. [SPEAKER CHANGES] Senator Brown moves to amend the bill. [SPEAKER CHANGES] Senator Brown is recognized to explain the amendment. [SPEAKER CHANGES] This is a technical amendment that all parties have agreed to. I don't think there's anything in here that isn't technical. I ask for your support. [SPEAKER CHANGES] Do we have any discussion or debate? 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 will be allowed for the voting. The clerk will record the vote. 48 having voted in the affirmative and zero in the negative, amendment 1 is adopted. The bill, as amended, is back before the body. Senator Brown is recognized to speak to the bill. [SPEAKER CHANGES] Thank you, Mr. President. This bill has been through two committees and all it does is it disapproves the various rules adopted by the Industrial Commission and directs the Industrial Commission on how to replace the disapproved rules and makes amendments to related statutes. All parties have worked on this and are in agreement so I ask for your support. [SPEAKER CHANGES] Do we have any discussion or debate? Hearing none. The question before the Senate is the passage of the Committee Substitute to Senate Bill 794 as amended on its second reading. All in favor vote aye. Opposed will vote no. Five seconds will be allowed for the voting and the clerk will record the vote. Bryant, Senator Bryant, aye. 48 having voted in the affirmative and zero in the negative. The Committee Substitute to Senate Bill 794, as amended, passes its second reading without objection. It will be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Is there any discussion or debate? Hearing none. The question before the Senate is the passage of the Committee Substitute to Senate Bill 794, as amended, on its third reading. All in favor will say aye. Opposed no. The aye's have it. The Committee Substitute to Senate Bill 794 as amended passes its third reading. The amendment will be engrossed[??]. It will be sent to the House. House Bill 712, the clerk will read. [SPEAKER CHANGES] House Bill 712, Clarifying Changes, Special Ed Scholarships. [SPEAKER CHANGES] Senator Barringer is recognized to explain the bill. [SPEAKER CHANGES] Thank you. Before I explain the bill I would like to send up a technical amendment, please. [SPEAKER CHANGES] Senator, you can send forward your amendment. The clerk will read. [SPEAKER CHANGES] Senator Barringer moves to amend the bill. [SPEAKER CHANGES] Senator Barringer is recognized to explain the amendment. [SPEAKER CHANGES] Thank you, Mr. President. This simply makes it clear, or changes, there was a typographical error in section 6 that should have read "GS115C112A." It does say that in the statutory part but in the part that says move it reads as written. I urge your support. [SPEAKER CHANGES] Is there any discussion or debate? 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 will be allowed for the voting. The clerk will record the vote. Walters, aye. Robinson, aye. 48 having voted in the affirmative and zero in the negative amendment 1 as adopted. The bill, as amended, is back before the body. Senator Barringer is recognized. [SPEAKER CHANGES] Thank you. When I was preparing for this today, since I received the Ox Meter award yesterday, I thought, "what worse could happen? I could explain this bill its total," but instead I will just give you the high points and if you have questions you may ask. There are two parts to this bill. Part 1 clarifies changes in the Disability Scholarships bill that we passed last session. When it was implemented there were some concerns that arose, some technical issues with it, and so this bill complies or clarifies those points. The second part you've already voted on once in the regulatory reform bill that we voted on and what this does is it permits parents who have children in non-public schools to have before and after school programs at their school. These have all been approved by various stakeholders. I know of no opposition and I urge your support. [SPEAKER CHANGES] Is there any discussion or debate? Hearing none. The question before the Senate is the passage of the Senate Committee Substitute to House Bill 712, as amended, on its second 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. 48 having voted in the affirmative and zero in the negative the Senate Committee Substitute to House Bill 712, as amended, passes its second reading without objection. Will be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Is there any discussion or debate? Hearing none. The question before the Senate is the passage of the Senate Committee Substitute to House Bill 712, as amended, on its third reading. All in favor will say aye. Opposed no. The aye's have it. Senate Committee Substitute to House Bill 712, as amended, pass

Its third reading. The amendment will be engrossed and will be sent to the House for concurrence in the Senate Committee Substitute. House Bill 894, clerk will read. [SPEAKER CHANGES] House Bill 894, source water protection planning. [SPEAKER CHANGES] Senator Goolsby is recognized to explain the bill. [SPEAKER CHANGES] Thank you, Mr. President. This bill requires every person who owns, operates or controls a public water system to create and implement a water source protection plan, and authorizes the commission for public health to adopt rules governing such plans in order to protect us from being poisoned from our water supply. I’d appreciate your support. [SPEAKER CHANGES] Is there any discussion or debate. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator McKissick, for what purpose do you rise? [SPEAKER CHANGES] To send forth an amendment. [SPEAKER CHANGES] Senator McKissick, you can send forward your amendment. The clerk will read. [SPEAKER CHANGES] Senator McKissick moves to amend the bill. [SPEAKER CHANGES] Senator McKissick is recognized to explain the amendment. [SPEAKER CHANGES] This is a very simple amendment that is supported by the bill sponsor. Also supported by ??. It creates a ?? for small community well systems. So I ask for your support. [SPEAKER CHANGES] Is there any discussion or debate? [SPEAKER CHANGES] I would see if Senator McKissick would yield for a question. [SPEAKER CHANGES] Senator McKissick, do you yield? [SPEAKER CHANGES] Yes, I will. [SPEAKER CHANGES] Senator McKissick, just to make sure, because I did not learn from this, learn about this from Representative Catlin, this, you spoke with Representative Catlin and he’s fine with this? [SPEAKER CHANGES] Yes, I have. It was not his intent that community wells be covered when the original bill to start with and he had no objections to it, moving forward with the amendment, and ?? also indicated that they were comfortable with it and staff indicated that was probably an oversight that they were covered in the bill. [SPEAKER CHANGES] Okay, thank you Senator. [SPEAKER CHANGES] Is there any further discussion or debate? [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Jackson, for what purpose do you rise? [SPEAKER CHANGES] See if Senator McKissick answer a question. [SPEAKER CHANGES] Senator McKissick, do you yield? [SPEAKER CHANGES] Yes, I do. [SPEAKER CHANGES] Thank you, Mr. President. Senator McKissick, these community wells you’re speaking of, what size are we talking about here? Is this our local churches? Or is it the community centers? [SPEAKER CHANGES] It could be any type of small community well system that’s been dug to provide water service. It may be small subdivisions, mobile home parks, or the like. It could be a church facility, but yes it would exempt those small systems that basically are using well water. This bill is intended for surface water systems, like larger systems. Not those type of systems. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] Any further discussion or debate? Hearing none, the question before the Senate is the passage of amendment 1. All in favor will vote aye, opposed will vote no. 5 seconds will be allowed for voting. The clerk will record the vote. [PAUSE] 46 having voted in the affirmative and 2 in the negative, amendment 1 is adopted. The bill as amended is back before the body. Is there any further discussion or debate? Hearing none, the question before the Senate is the passage of the Senate Committee Substitute to House Bill 894 as amended on its second reading. All in favor vote aye, opposed vote no. 5 seconds will be allowed for voting. The clerk will record the vote. [PAUSE] 48 having voted in the affirmative and zero in the negative, the Senate Committee Substitute to House Bill 894 as amended passes its second reading and without objection will be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, the question before the Senate is the passage of Senate Committee Substitute to House Bill 894 as amended on its third reading. All in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed no. The ayes have it. Senate Committee Substitute to House Bill 894 as amended passes its third reading. The amendment will be engrossed and will be sent to the House for concurrence in the Senate Committee Substitute. House Bill 1043, clerk will read. [SPEAKER CHANGES] House Bill 1043, pre-qualification update. [SPEAKER CHANGES] Senator Hunt is recognized to explain the bill. [SPEAKER CHANGES] Thank you Mr. President. This House Bill has been approved unanimously in the House. Basically I’ll just give you a brief description of what it does. It basically improves the process for awarding general contractors agreements between public workers and between entities and general contractors. It’s an actual result of a study commission that approved this, and this is a result of that study commission. I appreciate your support. [SPEAKER CHANGES] Is there any discussion or debate? Senator Gunn, for what purpose do you rise? [SPEAKER CHANGES] Send forth an amendment. [SPEAKER CHANGES] Senator Gunn, you can send forth your amendment, the clerk will read. [SPEAKER CHANGES] Senator Gunn moves to amend the bill. [SPEAKER CHANGES] Senator Gunn is recognized to explain the amendment. [SPEAKER CHANGES] Thank you, Mr. President. Page 6, line 20. I would like to ask that we delete that line. This is a local issue with the city of Mevin. Quite honestly it was put in the wrong bill. It’s subsequently been put in another bill so I’d like to ask you to please

Support this amendment. Thank you. [SPEAKER CHANGES] Is there any discussion or debate. Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Senator Gunn do you yield to a question? [SPEAKER CHANGES] Senator Gunn, do you yield? [SPEAKER CHANGES] Yes sir. [SPEAKER CHANGES] Senator Gunn, how in the world did this get in the wrong bill? [SPEAKER CHANGES] My bad. [LAUGHTER] [SPEAKER CHANGES] Is there any discussion or debate? Senator Hunt for what purpose do you rise? [SPEAKER CHANGES] I have an objection. ?? [SPEAKER CHANGES] Thank you, Senator. Any further discussion or debate. Hearing none, the question before the Senate is the adoption of amendment 1. All in favor vote aye. Opposed vote no. 5 seconds will be allowed for the voting. Clerk will record the vote. [PAUSE] Stein, aye. 48 having voted in the affirmative, zero in the negative, amendment 1 is adopted. The bill as amended is back before the body. Is there any further discussion or debate? Hearing none, the question before the Senate is the passage of Senate Committee substitute to House Bill 1043 as amended, on its second reading. All in favor vote aye, opposed vote no. 5 seconds will be allowed for the voting. The clerk will record the vote. [PAUSE] Van Duyn, aye. 48 having voted in the affirmative and zero in the negative, Senate Committee substitute to House Bill 1043 as amended passes its second reading. Without objection it will be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, the question before the Senate is the passage of Senate Committee substitute to House Bill 1043 as amended on its third reading. All in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed, no. The ayes have it. Senate Committee substitute to House Bill 1043 as amended passes its third reading. The amendment will be engrossed and will be sent to the House for concurrence in Senate Committee Substitute. Senators, we have 1 bill for concurrence. Senate Bill 477, the clerk will read. [SPEAKER CHANGES] Senate Bill 477, no set fee non covered physician services. [SPEAKER CHANGES] Senator Meredith is recognized. [SPEAKER CHANGES] Thank you Mr. President, members of the Senate. I would just ask that you concur please. Thank you. [SPEAKER CHANGES] Senator Meredith asks that you concur. Is there any, Senator Apodaca for what purpose do you rise? [SPEAKER CHANGES] See if Senator Meredith will yield for a question. [SPEAKER CHANGES] Senator Meredith, do you yield? [SPEAKER CHANGES] Yes sir. [SPEAKER CHANGES] Can you tell me what happened in this bill when it went over to the house? [SPEAKER CHANGES] Yes sir. There was an amendment that was added during the insurance committee by the rules chairman and that amendment was removed. Rather the rule chairman for the Senate. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES]?? [LAUGHTER] [SPEAKER CHANGES] Is there any further discussion or debate? [SPEAKER CHANGES] I have a question for Senator Meredith. [SPEAKER CHANGES] Senator Meredith do you yield for a question? [SPEAKER CHANGES] Yes sir. [SPEAKER CHANGES] Thank you, Senator Meredith. I just had a chance this morning to look over this bill and I understand that it removes a discount that patients currently get because of a contract with Blue Cross Blue Shield, between them and the provider. Do we have any idea how much that will increase costs to patients across the board, by removing that? Do I understand the bill correctly, that that’s what it does? [SPEAKER CHANGES] Thank you for that question, Senator Goolsby. What this does is that in the past, non-covered services outside the policy, it was dictating if they had a contract with that provider, that they were having that offer non-covered services that were not in the policy to their patients. This allows them not to have to, if they have a contract with a current health provider, they don’t need to discuss with their patients about services that are not covered inside the policy. [SPEAKER CHANGES] Senator Goolsby. [SPEAKER CHANGES] Senator Meredith do you yield for a follow up? [SPEAKER CHANGES] Yes sir. [SPEAKER CHANGES] Because I’m a little bit confused. Is there going to be, so this means that patients don’t get non-covered services that they currently get under the arrangement with the health care provider. Now they won’t receive those, so their cost of, and again just with all the current problems we’ve seen with Obamacare and Medicaid and all this other stuff, it looks like there was a break in there for patients. But is this going to actually take away currently free services or increase costs to patients? [SPEAKER CHANGES] Mr. President, if I may defer that question to Senator Curtis, I would appreciate that if he might be able to answer that more specifically. [SPEAKER CHANGES] Senator Curtis, you have the floor to speak to that. [SPEAKER CHANGES] Thank you Mr. President. The bill will not allow insurance companies to dictate fees for non-covered services. It could potentially cause costs to go up. I do not know how much but

Speaker :Basically the question is fairness in terms ?? allow to dictate these for service that they do not cover, Speaker Changes: Senator ?? what purpose you ask, Speaker Changes: task to ??, Speaker Changes: senator ?? you yells, Speaker Changes: so we currently have insurance company if i go because I'm blue course ?? under state plan and i see a doctor there reassures their insurance payment across blue shield and currently as a patient you are reduced to get a service for free ,if i vote ob this bill and pas that means that as the patient wont get the service anymore, Speaker Changes: if this bill passes the insurance company will not allow to dictate ??, Speaker Changes: senator ?? what purpose you ask, Speaker Changes: Mr.president I'm afraid what the average citizens that are, Speaker Changes: senator ?? are you asking a question, Speaker Changes: To speak on the motion, Speaker Changes: senate gentlemen address the floor ??, Speaker Changes: Thank you Mr.President I'm afraid what the ?? we removed the potential discount that they have been getting,and i dot think they are gonna see beyond the fact that we may or may not relate the insurance company the dictation of this letter or the other ,I'm afraid that i don't like this motion and I'm gonna vote against it , Speaker Changes: Mr.President, Speaker Changes: Senator ?? what purpose you ask, Speaker Changes: To debate the motion, Speaker Changes: Senator ?? address the floor, Speaker Changes: This bill would just a matter that would be consistent with other ?? provider and what happened is the insurance company went beyond the extend of the contract all the provided they need to get the ?? and or to reduce the cost to ?? that was never covered by the contract so on ?? the contract is been abused and all this is been ?? what ever the ?? insurance company was not authorities of demand ?? and all we are doing is eliminating that abuse of the contract, Speaker Changes: Senator ?? on what purpose you ask, Speaker Changes: To speak to the motion, Speaker Changes: Senator ?? has the floor, Speaker Changes: Members are saying,thank you Mr.president ?? this bill pro dominantly ?? but if you want it foe one pair if you want it for second pair ?? or if you want sun glasses something like that the insurance company were forcing them to give a 25 percent discount ,no idea what the mark on that for those products ?? because if you want to continue to have this contract you have to give a 25% discount without ever negotiating with the providing ?? if you want to become my client if have to do this moving forward of the provision has been discussed as ?? same in the bill that have passes in the senate previously and i would ask for our support, Speaker Changes: Senator ?? for what purpose you ask, Speaker Changes: To speak to the floor, Speaker Changes: Senator ?? has the floor, Speaker Changes: Thank you Mr.President when the senator ?? has the mi mid o put in and the mi mid i put in said you must be able to put in take your prescription and the ?? to buy your sunglasses and everything the fact that even of the insurance being paid for you to have a fold to adapt ?? place so that was really mi mid it don't really masses with any of the mi mid of the statue now i have been assured by the association that ?? that anybody that goes through them can receive their prescription or anybody that can take it with them following into another place to get their glasses ?? if that is true will go ahead and both of them concord some of them will be back next year but do i was may not but anyway we can deal with it if it is turns out ?? and get both to concord , Speaker Changes: Mr president senator ?? what purpose you ask, Speaker Changes: I would like yo ask senator Richard a question, Speaker Changes: Senator Richard he yell, Speaker Changes: Yes sir, Speaker Changes: Senator Richard ?? we are not applauding to the ophthalmologist the very same thing we did for Denis earlier ,earlier legislation, Speaker Changes: It is exactly assisted with that and just to respond to again spend it up back to the optometry board the rules and the law is that description should be transfer because the patient payed for it ,they have that script,

go to wherever they want to, but yes, same exact consistency. [SPEAKER CHANGES] Any further discussion or debate? Senator Curtis, for what purpose do you rise? [SPEAKER CHANGES] Mr. President, there are already Federal Trade Commission rules that the patient gets their prescription so that's already been taken care of. [SPEAKER CHANGES] Thank you, Senator. Any further discussion or debate? Hearing none. The question before the Senate is the motion to concur on the House Committee Substitute to Senate Bill 477. There will be one electronic vote. All in favor vote aye. Opposed will vote no. Five seconds will be allowed for the voting. The clerk will record the vote. Forty having voted in the affirmative and seven in the negative. The Senate concurs on the House Committee Substitute to Senate Bill 477. It will enrolled and sent to the Governor. Senators, at this time we would like to say thank you to this weeks pages. Pages, if you'll please stand to be recognized. Thank you for your service to the Senate this week. [APPLAUSE] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Some motions, please. [SPEAKER CHANGES] Senator Apodaca has the floor for some motions. [SPEAKER CHANGES] Thank you, Mr. President. I think Finance Committee reported NS-729, Coal Ash Management Act of 2014, like that calendered for Tuesday the 24th please. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] Mr. President, House Bill 189, Amend Info Child Support Orders was heard J2 with a serial referral to HHS, bill is deemed not to be needed to go through HHS so I ask that it be placed on the calendar for Tuesday of next week. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] Thank you, Mr. President. House Bill 1081, Reform Agency Review of Engineering Work Currently in the Committee of Rules. I ask that it be re-referred to Committee on Commerce. [SPEAKER CHANGES] Without objection, so ordered. Do we have any notices or announcements? Notices or announcements? Any further business to come before the Senate? If not, the Chair recognizes Senator Berger for a motion. [SPEAKER CHANGES] You got to me faster than I expected. I move that the Senate do now adjourn subject to messages from the House and the Governor, the referral and re-referral of bills and resolutions, the receipt and re-referral of committee reports, ratification of bills, and appointment of conferees to reconvene on Monday, June 23rd, 2014 at 7:00 PM. [SPEAKER CHANGES] The motion is that the Senate do now adjourn subject to the stipulations stated by Senator Berger to reconvene Monday, June 23rd, at 7:00 PM, seconded by Senator Hise. All in favor will say aye. Opposed no. The aye's have it. The Senate stands adjourned.