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Senate | June 23, 2014 | Chamber | Session

Full MP3 Audio File

Senate will come to order. Sergeant-At-Arms, close the doors. Members, go to their seats. Members and guests in the gallery, please silence all electronic devices. Leading the Senate in prayer is the Reverend Peter Milner, our Senate Chaplain. All members and guests in the gallery will please stand. [SPEAKER CHANGES] Let’s pray together. Heavenly father, thank you for bringing us back here again today to a place that sometimes we do not deserve, for sometimes we don’t even deserve drawing breath, but we are here to serve and to work and to learn, and so Lord, we ask you to help us move along together as a community through the next fiery trial that would come our way, and we ask you to join us on our journey. Show us your mercy, give us your peace, and plant inside of us a wisdom and knowledge that’s only from you, for your wisdom is perfect and your wisdom is given as a free gift to your children, and I make this prayer in the name of Jesus Christ. Amen. [SPEAKER CHANGES] Senator Berger is recognized for a motion. [SPEAKER CHANGES] Thank you, Mr. President. The journal of Thursday June 19 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 19th stands approved as written. We has leaves of absence granted today for Senators Bryant and Walters. Senators, we do have a nurse of the day with us today. Our nurse is Julie Alexander from Apex at North Carolina. Alexander, thank you for standing. Thank you for being here to serve the Senate today. Reports of standing committees. Do we have any reports of standing committees? [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Allran, for what purpose do you rise? [SPEAKER CHANGES] To send forward a committee report. [SPEAKER CHANGES] You can send forward your committee report, Senator. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] The Clerk will read. [SPEAKER CHANGES] Senator Allran for Judiciary Two Committee submits for passage House Bill 1027, unfavorable as to Bill but favorable as to Senate Committee Substitute Bill, DWI Interlock Violation, DMV Hearing-Sight. House Bill 366, Committee Substitute number 1, unfavorable as to Committee Substitute number 1 but favorable as to Senate Committee Substitute Bill, titled ‘An Act to Maintain the Confidentiality of Environmental Investigations for Agricultural Operations and Direct the Department of Environment and Natural Resources to Adopt Rules for Formal Complaint Procedure, Clarify the Authority of Local Governments to Adopt Ordinances Related to Fertilizers, to Study the State’s Participation in Commercial Vehicle Safety Alliance’s North American Standards Inspection Program, Clarify the Meaning of the Terms ‘Planting and Harvesting Season’ and ‘Planting and Harvesting Period’ for the Purpose of Applying Federal Laws of Regulation Related to the Hours of Service Rules for Certain Drivers for Transportation of Agricultural Products, Amend the Chairmanship of Agriculture and Forestry Awareness Study Commissions, Allow the Commission of Agriculture to Appoint Law Enforcement Officers to Carry Out Law Enforcement Responsibilities for the Department of Agriculture and Consumer Service, Classify Transactions on Agricultural Facilities, First Degree Trespass, Require Written Consent to Operate All-Terrain Vehicles on Property Owned by Another, and Allow Drainage Districts to Maintain Ditches and Buffer Zones’. [SPEAKER CHANGES] House Bill 1027, calendar. House Bill 3…

...66, Ag Environment and Natural Resources. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Motion relative to tonight's calendar. [SPEAKER CHANGES] Senator Apodaca has the floor for a motion. [SPEAKER CHANGES] Mr. President, Senate Bill 742 adjusts utility Regulatory Fee from tonight's calendar, I ask that it be removed and re-referred to committee on finance. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] Mr. President, House Bill 1113, Bent Creek Property Sullivan Act Exemption, currently in committee on rules, ask that it be recalled from rules and re-referred to committee on state and local government. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] House Bill 1168, Yancey Right-of-Way Safety, currently committee on state and local government, ask that it be removed from state and local and sent to rules. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] Thank you, Mr. President. House Bill 1101, Mechanics Liens, currently committee on rules, ask that it be removed and re-referred to judiciary 1. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] Mr. President, House Bill 1102, Mechanics Liens, it's currently in rules, ask that it be sent to J1. [SPEAKER CHANGES] Without objection, so ordered. Reports of standing, I'm sorry, ratification of bills. The Clerk will read. [SPEAKER CHANGES] Enrolled bills, enrolling clerk reports the following bills duly ratified for presentation to the Governor. Senate Bill 477 an act to prohibit insurers and health benefit plans from limiting or fixing the fee of optometrists may charge patients for services or materials unless the services and materials are covered by reimbursement under the plans for insurer contract with optometrists. House Bill 1069, an act to amend the unemployment insurance laws as recommended by the Joint Legislative Oversight Committee on Unemployment Insurance. [SPEAKER CHANGES] Senators, we're going to move right in to the calendar for this evening starting with local bills, the second reading roll call bill, Senate Bill 746. The Clerk will read. [SPEAKER CHANGES] Senate Bill 846, Shallotte Deannexation. [SPEAKER CHANGES] Senator Rabin is recognized. [SPEAKER CHANGES] Thank you, Mr. President. This, ladies and gentlemen, is a simple deannexation of a couple of parcels of land from the City of Shallotte. There are pine trees growing there now and the owners of these parcels have asked that they removed from the city and there's no problem with the city in their so doing. I'd appreciate 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 846 on its second reading. All in favor vote aye, oppose the vote no. Five seconds will be allowed for the voting and the Clerk will record the vote. Forty-eight having voted in the affirmative and zero in the negative. Committee Substitute to Senate Bill 846 passes its second reading. It will remain on the calendar. House Bill 1080, the Clerk will read. [SPEAKER CHANGES] House Bill 1080, Watha Deannexation. [SPEAKER CHANGES] Senator Rabin is recognized once again. [SPEAKER CHANGES] Thank you, Mr. President. Ladies and gentlemen, this, too, is a deannexation from the town of Watha at the request of the town of Watha by resolution. I'd appreciate your support. Thank you. [SPEAKER CHANGES] Senator Davis, for what purpose do you rise? [SPEAKER CHANGES] Thank you, Mr. President. Send forth an amendment. [SPEAKER CHANGES] Senator Davis, you can send forward your amendment. The Clerk will read. [SPEAKER CHANGES] Senator Davis moves to amend the bill. [SPEAKER CHANGES] Senator Davis is recognized to explain the amendment. [SPEAKER CHANGES] Thank you, Mr. President. The amendment just basically takes Senate Bill 290 that we passed April of 2013 that has been stalled in the House and it inserts it into this bill. It passed the Senate 44 to nothing when it left here. What it does is that it annexes Lake Junaluska to the city of Waynesville. I'd be glad to answer any questions. [SPEAKER CHANGES] Thank you, Senator. Is there any discussion or debate? Hearing... [SPEAKER CHANGES] Yes, Senator Brock, for what purpose do you rise? [SPEAKER CHANGES] To see if Senator Davis will yield for a question. [SPEAKER CHANGES] Senator Davis, do you yield for a question? [SPEAKER CHANGES] Absolutely. Yes sir. [SPEAKER CHANGES] Being a good Methodist, I could not let this go without asking. [SPEAKER CHANGES] Are you asking me if you're a good Methodist? [laughter] [SPEAKER CHANGES] Yes I am. Who's responsible for the dam at Lake Junaluska?

The, my understanding is that the assembly is still responsible for the dam. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] Is there 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. Five seconds will be allowed for the voting. The clerk will record the vote. [PAUSE] Hise. Aye. Rabin. Aye. 47 having voted in the affirmative and one in the negative, Amendment 1 is adopted. Senators this is a material amendment and this will go back to first reading. Moving on to local bills. Second reading. Senate Bill 731, the clerk will read. [SPEAKER CHANGES] Senate Bill 731 Southport occupancy tax modification. [SPEAKER CHANGES] Senator Rabin is recognized. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Apodaca for what purpose do you rise? Senator Rabin one second please. [SPEAKER CHANGES] Could you have the reading clerk read that again? I'm having a hard time hearing, please. [SPEAKER CHANGES] Reading clerk if you would please read the bill one more time please. [SPEAKER CHANGES] Senate Bill 731, Southport occupancy tax modification. [SPEAKER CHANGES] Senator Rabin is recognized. [SPEAKER CHANGES] Thank you Mr. President. This is a modification of the occupancy tax that is in the little town of Southport where I live. In 1989 Southport was given the right to levy a 3% occupancy tax, which they did and they do. And two thirds of that go to travel and tourism, the TDA. They were later given the privilege or the right to levy a 2% tax which they have not done nor do they plan to do. However to be in compliance with the law, they have requested that if by resolution they decide to collect this 2% tax and it will follow the same two thirds to the TDA that the original did. And Senator Tillman, this does not change what you pay when you come to Southport, that was the question before you asked. Thank you. I appreciate your support. [SPEAKER CHANGES] Do we have discussion or debate? Hearing none, the question before the Senate is the passage of the Committee Substitute to Senate Bill 731 on its second reading. All in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed no. The ayes have it. Committee Substitute to Senate Bill 731 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 discussion or debate? Hearing none, the question before the Senate is the passage of the Committee Substitute to Senate Bill 731 on its third reading. All in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed no. The ayes have it. The Committee Substitute to Senate Bill 731 passes its third reading and will be sent to the House. Senators, we move on to public bills. Second reading. House Bill 346. The clerk will read. [SPEAKER CHANGES] Senate Bill 346, governing bodies collect unpaid judgments. [SPEAKER CHANGES] Senator Wade is recognized to explain the bill. [SPEAKER CHANGES] Thank you. This just gives city and counties the authority to garnish wages of an elected official if the judgment has been awarded against them. It's pretty clean cut. [SPEAKER CHANGES] We have any discussion or debate? Hearing none, the question before the Senate is the passage of the Senate Committee Substitute to House Bill 346 on its second reading. All in favor will vote aye. Opposed will vote no. Five seconds will be provided for the voting. The clerk will record the vote. [PAUSE] Woodard. Woodard Graham. Graham no, Woodard aye. 46 having voted in the affirmative and two in the negative, Senate Committee Substitute to House Bill 346 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 346 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 346 passes its third reading. It's going to be sent to the House for concurrence in the Senate Committee Substitute. At this time we'd like to ask our pages to come forward. Pages, if you'll start making your way up here to the front of the chamber, at the dais, so that we can introduce you. We will ask the reading clerk to read loudly so that we can hear through all the noise outside please. The clerk will read.

Speaker: The pages serving in this chamber this week ?? , Speaker Changes: Pages we are thank you for serving with us this week and hope you have a eventful week with us.Thank you so much, Speaker Changes: Senator ?? for what purpose you ask, Speaker Changes: Mr.President motion please, Speaker Changes: Senator ?? has afford to motion, Speaker Changes: Mr.President ?? suspended in the act senate joint resolution 882 honoring Martinez to be placed in with tomorrow march calender for consideration , Speaker Changes: Objections were ordered , Speaker Changes: We are having notices for announcements senator brown for what purpose you ask, Speaker Changes: Senator brown has the floor, Speaker Changes: ?? will meet ?? room immediately after session for sure meeting Speaker Changes: any further notices or announcements,any further business come for the senate Speaker Changes: Mr.President, Speaker Changes: Senator blue for what purpose you ask, Speaker Changes: Question of a senator brown, Speaker Changes: Senator brown you yell, Speaker Changes: Was i wanna be appointees to the conference committee heard it with your announcement ?? , Speaker Changes: Senator blue i needed to get my list out ??, Speaker Changes: Thank you, Speaker Changes: Senator ?? for what purpose you ask Speaker Changes: Mr.President isn't it that close by anyway.He just hit the wrong button.Mr.President can i make an announcement please, Speaker Changes: Senator ?? has the floor for the announcement Speaker Changes: Members that were favorite time of the year we are gonna start wind in it down and we will do committee hearings this week we will we shut off committee meeting as of Thursday.so let's get ready to finish this up thank you Mr.President, Speaker Changes: Thank you senator, any further announcement,any further business to come before the senate if not the senate recognize the ?? for motion, Speaker Changes: Mr.President i move the senate to adjourn messages from the house and governor .The introduction will refer the resolution will receive and report of committee reports ?? on Tuesday June 24th, 2014 at 2 p.m , Speaker Changes:The motion is the senate will now adjourned the sub ?? to the stipulated stated by the senator burger to reconvene Tuesday June 24th 2.00 p.m by senator hunt,all in favor say aye,all oppose no ,the aye is have it,the senate adjourned,