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Senate | April 27, 2016 | Chamber | Senate Session

Full MP3 Audio File

[BLANK AUDIO] Senate will come to order, Sergeant at Arms close the doors, members go to their seats. Members and guests in the gallery at this time I'll ask you to please silence all, your electronic devices. Leading the senate in prayer is Reverend Peter [UNKNOWN] chaplain. All members and guests in the gallery will please stand. [BLANK_AUDIO] >> Let's pray. Our heavenly Father you're good you're great and you have brought us to this task in hand. Thank you for gathering us from my left to my right, prepare these servants here. Remind them that you hold them in your hand, help them, no scheme of man can pluck them from your hand, for you're For you're their solid rock, you're their fortress and may you bring peace to this place, to this family as we work to solve problems together. In Jesus's name that I pray, Amen. >> Amen. [BLANK AUDIO] [BLANK_AUDIO] Senator Burger is recognized from motion. >> Thank you Mr president the general of Tuesday, April 26, 2016 is been examined and found to be correct. I'm move with dispense with the reading of the journal, and that it stands approved this written. >> Without objection the journal for April 26 stands approved as written. Senators we do have a nurse with us today Nurse Barney Smith from Greensboro North Carolina is here. Nurse smith please stand to be recognized thanks for serving the senate. >> [APPLAUSE] >> Senators we have a leave of absence granted today for Senator Barringer. [BLANK_AUDIO] And senators upon the motion of most senators in the room today we have multiple courtesies for our DAs that are with us from across the state, and we don't have time to read all your names, but thank you for being here please stand to be recognized thank you for serving for the state. >> [APPLAUSE] [APPLAUSE] Upon the motion of Senator Smith of Robinson in Columbus county the Chair is happy to extend courtesies of the gallery to the Girls/g empowerment group [UNKNOWN] middle school in Robinson county. Their Chaperon Briana Brunch/g [UNKNOWN] and Their teacher Eileen Williams if you're with us please stand today and be recognized. Thanks for joining us. >> [APPLAUSE] >> And upon the motion of senator Tom McInnis of Richmond County the Chair is happy to extend courtesies of the gallery to Mineral Springs elementary school forth grade class. And there teacher Miss Rebecca Kege/g if you are with us please stand >> [APPLAUSE] >> [BLANK_AUDIO] [BLANK_AUDIO] At this time Senator Berger is recognized to appoint an escort committee for the seating of senator elect Ballade/g. Thank you Mr. president the following senators are appointed to the escort committee for Senator Dianne of Ballard, Senator Davis Curtis chair, Senator Andrew Brock, Senator Kathy Herrington, Senator Don Davis and Senator Jane Smith. >> Members of the escort committee may proceed to the doors. First to escort the honorable Dianne Ballade/g to the well of the chamber. The sergeant at arms will open the chamber doors, all members and guests will please stand. >>[APPLAUSE] [APPLAUSE] >> The reading clerk will now read the proclamation from the governor appointing Dianne Ballad/g to fill the vacancy left by senator Senator Dan Soucek.

>> State of? >> State of North Carolina, Pat Mccory Governor the appointment of Dianne Marie Ballad/g 2015, 2016 by the Governor of the state of North Carolina proclamation, whereas the Honorable Dan Soucek elected Senator from district 45 for the 2015, 2016 general assembly has resigned. And we ask the provisions of general statute 163-11, require that the vacancy created by the resignation of the honorable Dan Soucek be filled buy appointment of the person recommended by the senate district 45 executive committee of the Republican party. Whereas the executive committee of the 45th senate district Republican party has notified me of his recommendation of Dianne Marie Ballad/g Watauga county in North Carolina to fill unexpired term. I do by this appoint Diana Marie Ballad/g as the member of the North Carolina Senate 2015, 2016 general assembly. In witness where of I have here unto signed my name and affixed the great seal of the state of north Carolina, with the capital in the city Raleigh this 26th day of April in the year of our Lord 2016. Pat Mccory Governor has tasked Eileen/g F Marshall Secretary of State. >> Senator Ballad/g received the oath of office earlier today. And Senator Ballad/g welcome to the North Carolina senate, thank you for taking on the duty to serve the people of North Carolina. And we're honored to serve along side you thank you. >> [APPLAUSE] >> As the escort committee has seated Senator and Hour and the seed number 12 health will be notified. The escort/g committee can return to their seats. And in this time, I found the motion of Senator Curtis/g of Linking County to cheers happy to extent courtesies of the gallery to ray and angel of Bouard/g, the parents of the Brian[UNKNOWN], the brother If you [UNKNOWN] please stand and view/g recognized. Thanks for joining us today. >> [APPLAUSE] [BLANK_AUDIO] [BLANK AUDIO] >> [UNKNOWN] of this time, we're going to move right into our calendar for the day. We're gonna start with public bills, second reading, Reading roll-call senate bill 752 clerk will read. >> Senate bill 725 unemployment insurance technical changes. >> Senator Rucho is recognized to explain the bill. >> Thank you Mr president and members of the senate, senate bill 725 insurance technical changes [INAUDIBLE] We discussed it yesterday in detail with during Finance Committee and just as a quick review of the two parts of it. One of them allows for the commission to maintain and achieve independent status so they can be a unbiased, Biased review of DES decisions and that was what was intended in the original Bill that we passed a number of years back and then the second part was dealing with suited dumping when a new business was really composed of the same members but they were reconfigured. So that they could avoid having to pay the liability of that was due the previous business and this actually prevents that from happening. The vision of [UNKNOWN] security supports these, the oversight committee supports, this and I urge that you pass senate bill 725. >> Is there any discussion or debate? Hearing none the question before the senate is the passage of senate bill 725 on it's second reading all in favor vote aye, opposed will vote no five seconds be allowed for the voting and the clerk will record the vote. [BLANK AUDIO] 49 having voted in the affirmative and zero in the negative, Senate Bill 725 passes it's second reading, it will remain on the calendar. Senate Bill 726, the clerk will read. >> Senate Bill 726, RIC updates.

>> Senator Rucho is recognized. >> Thank you Mr president senate bill 726 is the annual internal revenue code update. If I may Mr president we found a technical error Or technical of mission and there is a amendment on the screen, that will if can be read and then we can explain exactly what will be admitted. [SOUND] >> Senators, we have a technical issue here, Senator Richard we're gonna stand stand at ease for a second but before we do that we do have another school group with us. Haven't recognized you yet cuz I'm not exactly sure where you are from but says Rockford/g gaitor/g is on your shirt it's a big group I wanted to say thank you very much for joining us in the senate today. We hope you will come back again thank you. >> [APPLAUSE] [APPLAUSE] >> Mr. President, it really is simple and I could explain it in just less than ten seconds if you'd want me to. >> I'm not sure that's the issue senator, hold on one second. >> Okay. >> if you will please. [BLANK_AUDIO] [LAUGH] [BLANK_AUDIO] >> Okay senators we can move forward. Senator Richard, your amendment is up here, the call Kuwait. >> Senator Richard arise to amend the bill. >>Senator Richard is recognized to speak to the amendment. The amendment. >> Thank you Mr.President. Members of the senate, during one of the iterations, basically the amendment allows for adding the following after the comma on page 3 line 13, 2015, and 2016 were omitted. And all that does is, it replaces it back as it should be. >> Thanks senator. Today's discussion we're to debate on amendment one. Hearing of Christopher's adoption. Write on paper, those in favor say I , oppose you vote no.Five seconds to be allowed for the voting. [BLANK_AUDIO] [BLANK_AUDIO] Bryant aye, Burger aye 49 having voted in the affirmative and 0 in the negative the amendment 1 is adopted the bill as amended is back before the body. Senator Rucho is recognized. >> Thank you Mr president the ISC update we again spoke about this in finance yesterday and thsi is pretty much is the same as we've done in the last two sessions regarding, in this case we are going to conform the $250 teacher education expense Reduction and then also we were include income inclusion for the amount received by a wrongful incarcerated individual and then the issues that we don'ft confirm with which are in line with what we've done the last two times included section 179 29 the tax free distribution of IRAs to public charities, deduction for higher education tuition expenses, exclusion from income forgiveness for the debt and deduction of mortgage insurance premiums. those are the ones we have not conformed with and we are gonna remain remain consistent with that as was supported By the revenue laws study commission. I urge that we pass the IRC update. >> Do we have any discussion of debate on the bill as amended? Hearing none the question before the senate is the passage of senate bill 726 as amended on it's second reading all in favor will vote aye, opposed will vote no five seconds Seconds to be allowed for the voting. Clerk will record the vote. [BLANK_AUDIO] [INAUDIBLE] upper down thumb no. >> And Bryant would like to change. >> Bryant changes her vote from no to aye. Smith Robinson County No. >> Mr president. >> Yes sir Senator Woodward changes his vote from aye to no as well any other changes? >> Mr president . >> Senator Fushi/g and we have somebody else. Yes also Senator Wadell changes her vote from aye to no. Anyone else? 45 having voted affirmative and 14 in the negative, Senate Bill 726 as amended pass as a second reading that will remain on the calendar. Senate Bill 729 the clerk will read. >> Senate Bill 729 Changes to the revenue law.

Senator Rucho is recognized to explain the bill. >> Thank you Mr president senate bill 729 is what has been in the past revenue laws report that came out and ladies and gentlemen of the Senate, this bill is composed of the house in the senate in the last session voted in favor of all of this items. And never could get it voted on at the same time. So in reality there were a number of request by the Department of Revenue and the like and you of all had the chance to review it both during the finance committee yesterday and prior to that as you were reviewing it. I believe the only one area dealing with [BLANK_AUDIO] a change that was not Was not in both of the previous bills is section 18A and 18B and it deals with deductability of corporate interest payments to parent entities. And what it does do is it closes loop holes so that a business in North Carolina that has a corporate or parent company outside when lets say they are going to put a billion dollars in expense whatever was allocated to North Carolina would be allowed to be expense. But yet we also reduce that from 30% to 15% otherwise everything else in this bill has been voted on by the senate and the house. And I would urge that you pass this bill. Wish we could have done it last year but it will prove to be beneficial in helping run the efficiency of of the Department of Revenue and also our tax policy. >> Any discussion or debate on senate bill 729? Hearing none the question before the senate is the passage of senate bill 729 on it's second reading all in favor vote aye, opposed will vote no. Five seconds to be allowed for the voting. The clerk will record the vote. [BLANK_AUDIO] [BLANK_AUDIO] 49 having voted in the affirmative and 0 in the negative senate bill 729 passes it's second it will remain on the calendar. Senator Apodaca for what purpose do you rise? You're just getting ready huh okay we are gonna move on. Now public bills now on roll call, second reading senate joint resolution 749 the clerk will read. >> Senate joint resolution 749 confirm Laince/g Grey commission. >> Senator Apodaca is recognized to speak to the resolution. >> Thank you Mr president members I have here Liance/g Grey/s credentials For this job and I'd like to take time and go through each one, but none of us are getting younger especially Liance/g, but any way it is with honor today that I get to nominate Liance/g for the Utilities Commission. I'm gonna hit a few of the high points Liance/g former secretary Revenue for State North Carolina, former CFO for the United States Environmental Protection Agency, CEO at Downtown Winston Asylum Partnership. He served on the boards of UNC Chapel Hill General's Alumni Association Salem Academy in college, UNC School of the Art and the Piedmont Triad Partnership. He also worked on world peace/g. There was one blemish Mr president on the resume he serves six consecutive terms in the North Carolina house. We went through that very thoroughly and found out that he had a former relative who had served in the senate. So we were able to get pass that and move forward. So with all that being said, there's no one more qualified for this position than Liance/g. anybody who's been here more than six months knows Liance/g, and he's takes great pleasure in endorsing him for this position. I ask for your support. >> Thanks senator do we have any discussion or debate on the resolution? Hearing on, the question for the senate is the adoption center joint resolution 749 on it's second reading. All in favor favor vote five, oppose will vote no five seconds will be allowed for the voting the clerk will record the vote. [BLANK_AUDIO] 49 having voted affirmative, and 0 in the negative senate joint resolution 749 passes its second reading without objection be read the third time. >> North Carolina general assembly enacts. Any discussion or debate? Hearing none.

The question for the senate is the passage senate of joint resolution 749 on its third reading, all in favor say aye. >> aye. >> no the ayes have it. Senate joint resolution 749 is adopted on its third reading. It will be sent to the house. Senate joint resolution 750 the clerk will read. >> Senate joint resolution 750 confirm Chris Ludick Industrial Commission. >> Senator Tucker is recognized to speak to the resolution. >> Thank you Mr president it's indeed my pleasure to endorse Chris Ludick for the Industrial Commission. Mr. Ludick, is a lawyer that graduated from American University in Washington DC, after that he went to New York and worked in investment banking. Then came back to Wellington to be a litigate for a personal injury and injured defense. He He has an extensive background in many walks of life, but he is very qualified to be a nominee for the Industrial commission. He is been there in 2012 as the CFO, then became deputy commissioner and now he is applying for for that job of commissioner Chris is really sharp and talented lawyer, and yes I'm saying that ladies and gentlemen. That he is a good lawyer and when I ask what would be the main thing that he wanted to do in industrial commission when I asked by senator Brown, in the nominating committee his answer was because of the investment banking in [INAUDIBLE AUDIO] private practice in the walks of life that he has shared with us. He just wanted to be a fair and impartial judge, both to the employee and to the employer. So I wholeheartedly nominate and endorse Chris Ludick for the Industrial Commission Information, thank you. >> Do we have any discussion or debate? Hearing on, the question for the senate is the adoption center joint resolution 750 on the second reading. All in favor vote I, also vote No. Five seconds to be allowed for the voting. [BLANK_AUDIO] 49 having voted the affirmative is zero and the negative Senate Joint Resolution 750 passes its second reading without objection be read a third time. >> North Carolina general assembly enacts. >> Any discussion or debate? Hearing none the question for the senate is the adoption of Senate Joint Resolution 750 on its third reading, all in favor will say aye. >> Aye. >> [INAUDIBLE] no. The ayes have it. Joint resolution 75 is adopted on as third reading and it will be sent to the house. House resolution 942. >> House Joint resolution 942, confirms State Controller. Senator Crovack/g is recognized to speak to the resolution. >> Thank you Mr. President. I arise with honor To ask you to vote to confirm my dear friend Dr. Linda Combs. And her resume looks just about like Liance Groy/g but I'm not gonna read the whole thing to you, it's quite extensive but I do wanna tell you a little bit about her. She has served as controller of the United States. She served under There are three presidents, and his being confirmed five times by the US Senate, her resume is just incredible, it's just outstanding. As controller of the United States, I wanna give you a couple of highlights of somethings that she did, she reduced audit completion time at that time was five months, she reduced it to 40 45 days, the first time in history. She reduced improper payments by $9 billion, she disposed a $4.5 billion of unneeded real estate for the federal government and as much as they need her in Washington. I am so glad that she is North Carolina with We are very blessed to have her, she understands government on the inside but she also understands the impact that it has on the business owners, tax payers, citizen of the space, she knows both sides of that issue cuz she served on the private sector as well, she has received awards, she continually With the President and she has received several I think nine awards from Cabinet Secretaries, three or four from presidents that she has served under, she is an outstanding, outstanding controller for North Carolina, we are blessed to have her, I'm proud to call her a friend and I ask that you vote for her, Formation today, thank you Mr. President >> Thank you senator, we are having discussion or debate. Hearing none the question for the senate is the adoption of house joint resolution 942 on its second reading, all in favor vote I, oppose vote No 5 seconds real live for the voting, the court record the vote [BLANK_AUDIO] 49 having voted in affirmative in zero in the negative house joint resolution 942 passes a second reading without objection be read

a third time >> North Carolina do you affirm to that? No discussion or debate. Hearing now, the question for the senate is the adoption of the house joint resolution 942 earn us a third reading, all in favor say I Oppose no, the I's have it, house joint resolution 942 is adopted on its third reading and it will be enrolled. Senate of the chairs please do extend the courtesy of the gallery to Lions-Gray/g, Christopher Ludolph/g and Linda Collins and their families, if you'll please stand to be recognized, thank you for being here today. In here for you today and for serving us here in North Carolina >> [APPLAUSE] [BLANK_AUDIO] Senators upon the motion of Senator Smith Robinson County the Chair is happy to extend courtesies of the gallery to Mrs Dean's high school class from Whiteville City Schools if you're with us please stand and be recognized. thanks for joining s today. >> [APPLAUSE] [BLANK_AUDIO] >> We have one public bill for adoption senate Senate resolution 746 the clerk will read. >> Senate resolution 476 Board of Agriculture confirmation. >> Senator Jackson is recognized. >> Thank you Mr president members this is the appointment of the board three to the Board of Agriculture. These are three very diverse people Miss Anne Farecloth/g from Samson County, is filling the general farming slot on that board. Miss [UNKNOWN] Whitaker from Randolph County, she is filling the fruit and vegetable slot on that board. And Mr James or Jim Lamberth from Richmond County is filling a poultry seat on that board. These three have been nominated by our governor I have met with all three of them I have known some of them for a long time. They are great and they bring a diverse [INAUDIBLE] to our current board of agriculture and I would ask for your support and be happy to entertain any question on the thank you. >> Thank you senator do we have any discussion or debate? Hearing none Question before the senate is the adoption senate resolution 746 we have one electronic vote. All in favor vote aye, opposed vote no five seconds to be allowed for the voting the clerk will record the vote. [BLANK_AUDIO] 49 having voted Having voted in the affirmative and 0 in the negative senate resolution 746 is adopted. And that wraps up our calendar for the day do we have any notices or announcements today? Any further business to come before the senate? If not the Chair The Chair recognize Senator Burger for a motion. >. Thank you Mr president I move that the senate now adjourn subject to the standard stipulation set forth in senate rule 24.1 to reconvene on Thursday April 28 2016 at 11 am. >> The motion that the senate do now adjourn subject to the stipulation stated by By Senator Bulger/g to reconvene Thursday, April 28th at 11AM, second by Senator Tucker. All in favor say I,oppose No. The I's have it. Senate is adjourned. [SOUND] [BLANK_AUDIO] [BLANK_AUDIO] The adoption Bills, senate bill 752 in act to provide income tax relief, small businesses.sponsor Senator Long in finances. 753 an act to reenact sales used tax holiday for school supply sponsor senator Lowe refer to finance. Senate bill 754 an act to finance criminal [INAUDIBLE] for one for persons with [INAUDIBLE] [INAUDIBLE] past the rail property by [ have to be removed [INAUDIBLE] by knowingly creating or presenting false documents on title or possession sponsor Senator Bingham, refer to judiciary 1. Senate bill 755 an act to modify the The sales tax on labor sponsor Senator Bingham referred to finance. Senate bill 756 an act to appropriate funds to the clerk of Superior court in Richmond county be allocated to the Richmond county finance

officer [INAUDIBLE] 115CH452 As warrant by the court in Richmond county Board of education [INAUDIBLE AUDIO] sponsor Senator McCinnis refer to appropriation base budget. Senate bill 757 an act to [INAUDIBLE AUDIO] credit sponsor Senator Fushe/g refer to finance Senate bill 758, an act to enhance the independence and efficiency of the border review as recommended by the [UNKNOWN] Program Evaluation oversight Committee. [COUGH] Senator Joe refer to program evaluation Senate bill 759, an act appropriating funds to the Department of Health and Human Services division of public health. [INAUDIBLE AUDIO] educate and inform adult leaders and youth about the dangers of electronic cigarettes, and other new emerging tobacco products. sponsor Senator Bingham refer to the appropriation base/g budget. Senate bill 760 the act to provide enforcement authorities especially [INAUDIBLE AUDIO] with the program governing [INAUDIBLE AUDIO] is recommended by the Environmental Review Commission. Sponsors Senator Bingham refer to Agriculture Environmental National Resources. Senate bill 761 an act to clarify that the freight/g rail and rail crossing/g safety improvement fund may be used to assist [INAUDIBLE AUDIO] railroad. Sponsors Senator Jay Davis.