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Senate | June 24, 2016 | Chamber | Senate Convenes

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of a minor child and to make conforming statutory changes. [BLANK-AUDIO]. Refer to judiciary one. House bill 842 committee substitute number 1, medicaid waver protection military families, unfavorable as to committee substitute bill number 1 but favorable as to senate committee substitute bill. Refer to appropriations. [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO]. Committee report. Senator Tillman for that education, higher education committee submits the passage. House Bill 1080 community substitute number one unfavorable as to committee substitute number 1 but favorable as to senate committee substitute bill, achievements school districts refer tom education. Calendar. >> Is that the [INAUDIBLE] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO]. Senate will come to order, sergeant at arms will close the doors, members to go to their seats, members and guests in the gallery please use this opportunity to silence all your electronic devices. Leading the senate in prayer, Prayers of reverend Peter Miller, senate chaplain, all members and guest in the gallery will you please stand? [BLANK_AUDIO] >> Let's pray. Heavenly Father we thank you for meeting us here, we pray for those in West Virginia that have experienced Experienced rain like we had here last night, but it's been overflowing, we pray for families and for loved ones of those who've not survived. Thank you Lord for being our God and for giving us the opportunity to continue this journey together as a family. We ask you to give us endurance And strength, the strength that only you can provide, and we ask this all in the name of Jesus. Amen. >> Amen. >> Senator Pate is recognized for a motion. [BLANK-AUDIO]. >> Thank you Mr. President. The journal of Thursday June 23rd 2016 has been examined and is found to be correct. I move that the Senate dispense with the reading of the journal and that it stand approved as written. >> That objection for journal of June 23rd stands approved as written. [BLANK_AUDIO]. Senator leaves of absence are requested without objection are granted for Senators Bingham, Daniel, Jim-Davis, Ford, Jeff-Jackson, Raiben, Smith-Ingram, Fuchi and Tart. [BLANK_AUDIO]. Do we have any reports to standing committees? [BLANK_AUDIO]. Soon that takes us into our calendar for the days Senator Avodaca, for what purpose is yours? >>To present multiple motions that I may >> Avodaca, you have the floor for your motion. >> Thank you Mr.

President senate bill 482 LLC at clarification on today's calendar for concurrence ask you to be removed and be placed on Tuesday's calendar >> Objections are ordered. > Thank you Mr. President. House bill 992, amendment industrial health program as on today's calendar Move the debate placed on Monday's calendar >> Objections are ordered >> House bill 842 medicate waiver protections, military families has a serial referral to appropriations. We move that to referral and placed on Monday's floor calendar. So, apprehension has being taken off Off of it. >> Sir Orton >>House bill 424, prohibit unlawful custody transfer of child. This certain health care today needs a serial referral of a J1. >> Sir Orton. >> And, everybody's been waiting for this. Senate bill 817 constitutional amendment income tax rate of 5.5% is on tomorrow's calendar, remove from tomorrows calendar and re-refer to committee on rules. >> Without objection so ordered. [BLANK_AUDIO]. All right senators that takes us to our calendar local bills on second reading, roll-call, house bill 1017 the clerk will read. >> House bill 1017 Northwood deannexation annexation. >> Do we have any further discussion or debate? Hearing none the question before the senate is There's the passage of the committee substitute house bill 1017 on its second reading. All in favor vote Aye, oppose will vote No. Five seconds will be allowed for the voting and the clerk will record the vote. [BLANK_AUDIO]. Heise Aye, Gun Aye, Burger Aye, Rucho Aye. [BLANK_AUDIO] Ray-Ban Brunswick, aye, Mckissick, Wadell aye, 40 having voted in the affirmative and 0 in the negative. The committee substitutes the House Bill 1017 passes it's second reading and it will remain on the calendar. House bill 1039 the clerk will read. >> House bill 1039 [INAUDIBLE] occupancy tax changes. >> Do we have any discussion or debate on the amendment? Hearing none the question before the senate is the passage of senate committee substitute to House Bill 1039 on it second reading. All in favor vote aye opposed will vote no five seconds be allowed for the voting the clerk will record the vote. Gunn aye Tucker aye, Lowe aye, Berger aye. Newton aye, Mckissick, 35 having voted in the affirmative and 5 in the negative the senate committee substitute to House Hill 1039 passes it's second reading and will remain on the calendar. We have a few bills local on here for concurrence. Senate Bill 795 the clerk will read. >> Senate bill 795 Clay County court house. >> Do we have any discussion or debate? Senator Sanderson for what purpose do you rise? >> Thank you Mr President in consultation with senator Davis this morning he asked that I ask you to please concur with this legislation. The only change that was made was the date thank you. >> Senator Davis Senator Sanderson ask you that you do concur do we have any further discussion or debate? Hearing none the question before the Senate is the motion to concur in the House Committee substitute to Senate Bill 795 all in favor vote Aye oppose to vote No. Clerk record the vote. >. Gunn Aye, Tucker Aye, Berger Aye, Blue Aye. >> 40 having voted. vote in the affirmative and 0 in the negative the senate concurs in the house committee substitute to Senate Bill 795 and it will be enrolled. Senate 831 the clerk will read. >> Senate bill 831 [INAUDIBLE] Samson detention contact animals. >> Senator Jackson is recognized. >> Thank you Mr. president. >> I would ask that you concur. >> Senator Jackson. ask that you concur do we have any further discussion or debate? Hearing none, the question before the senate is the motion to concur in the house committee substitute senate bill 831 all in favor vote Aye oppose vote no five seconds to be allowed for the voting. Clerk will record the vote. Gunn Aye, Berger Aye. 40 having voted in the affirmative 0 in the negative the senate concurs in the house committee substitute senate bill 831 and it would be enrolled. Senate Bill 849 clerk will read. >> Senate bill 849 Wake County town donate retired service animals. >> Do we have any discussion or debate? Hearing none the question before the senate is the motion to concur House Committee Substitute to Senate Bill 849 all in favor vote aye oppose vote no.

Five seconds to be allowed for the voting clerk record the vote. [BLANK_AUDIO] >> Berger Aye, Pate Aye, 40 having voted in the affirmative and 0 in the negative. Senate concurs in the House Committee Substitute Senate Bill 849 and it will be enrolled senate 883 clerk >> Senate Bill 883 North Hampton County WRC shooting range. >> Do we have any discussion or debate? Hearing none the question before the senate is the motion to concur in the House Committee Substitute Senate Bill 883 all in favor vote Aye oppose will vote No. Five seconds be allowed for the voting clerk record the vote. Berger Aye, Barefoot Aye, Lowe aye, Robinson Aye. 40 having voted in the affirmative and 0 0 in the negative the senate concurs in house committee substitute 883 and it will be enrolled. Moving onto public bills second reading roll call house 289 the clerk will read. >> House bill 289 NC [INAUDIBLE] transmitters act. >> Senator Gunn is recognized to explain the bill. >> Thank you Mr president. This bill has been vetted now for over a year by 170 different stakeholders, we already have a new kind of a commissioner of banks brought this to us as kind of an agency bill. Current law, we do regulate money transmitters including virtual transmitters. The problem has occurred with the fact that because of the increased amount of individuals, and companies that would like to use this virtual currency. The mortgage industry and the banking industry has become having to supplement their regulation to the tune of about 500,000 a year, so this will correct that by modifying the type of the levies charged to these companies. It's also a good consumer protection bill we did a lot of work to try to make sure that we're not over regulating, but we're trying to combine consumer protection with innovation. I'd be glad to answer any questions if I may but I do appreciate your support, this has been vetted I think six times in committees and I appreciate it >> Senator Alexander for a purpose you rise? >> Understatement Rule 29 I must recuse myself >> You can send that forward Senator, Senator Barringer for a purpose you rise? >> Debate the bill please sir >> Senator Barringer you have the floor to debate the bill >> I stand today certainly this bill has some good intentions but the're so many unanswered questions about this. For those of you who've been in the commerce committee and have been in the finance committee. I've raised these questions depending on which expert I ask, I get a different answer. I have serious doubt that we can regulate digital currency at all, so it gives the general public the wrong impression as to the status of digital currency. But my main objection is that and primary concern, is that the uncertainty that this particular bill and the language in does to the uniform Commercial code in North Carolina. The Uniform Commercial Code is very clear at this point, before this bill and businesses count on it for transactional work, and with this bill there will be uncertainty placed on the Uniform Commercial Code. I certainly appreciate all the effort that Senator Gunn and others have gone into this, but for these reason, I'll be voting against the bill. Senator Gun what purpose is yours? >>Speak to the senate- >>Senator Gunn, you've the floor to speak to the bill. >> I wanna thank Senator Barringer she has actually asked some really good questions in the committee and we do know that we probably will be coming back at a later date. And now possibly doing some modification, I would also like thank senator Mcsissick for his input, Senator Brown and Senator Ford. So, once again I ask for your support >> Do we have any further discussion or debate? Senator Blue, what purpose do you rise? >> Will, Senator Gunn yield for a question >> Senator Gunn do you? >> Good luck with this one, go ahead sir >>You indicated that the banking commission and one of the other agencies sort of supported it, or mostly supported this bill? Do they totally support it or sort of support it or somewhat support it? >> This was brought to us by the banking commission this is an agency bill and there was full consensus with the stake holders they've been very very supportive and they've given us most of the language. >> Further question. Mr- >> Senator Gunn do you yield for another question? >> I do >> Did they address the article on of the ECC issues that senator Barringer has brought up? >> Yes, they actually did in a committee meeting the deputy commissioner did address that. There is a difference of opinion apparently between some of the legal representation that they have but they felt that the UCC

matters were in fact okay and their legal councils acknowledgment. However, we have had like Senator Barringer said there were others that did not quite think that so while there's a little bit of may be a little bit of gray area we want to try to work on that in making modification that we can but yes they have been very supportive of the bill. >> Senator Barringer, you yield for a question? >> I will thank you sir. >> Senator Barringer yields. >> Senator Barringer with respect to uniform commercial code and the specific observation that you are making about article nine, >> Yes sir. >> About article nine, what specifically about it do you think this bill that is the conflicts with article 9 in it's recent formulation? >> Thank you for the question. First of all I might reference this with the expert and I did not bring the name of the expert but the expert that the banking commission brought all the way from California who is soon to be a professor at one of the esteemed universities out there soon, actually testified that there was a problem definitely with article, 9. A bill expert did now it is true as Senator Gunn said that the council locally here being disputed what their council said in the following meeting then we had the follow-up. The problem is that Article 9 and there is a question about Article 3 of the uniform commercial code but what it relates to is how we define money and negotiable instruments and how we define trade, and what we define what is article 9 of the Uniform Commercial code is the secured transactions. It's critical to our businesses to be able to define money and to define secured transactions and this does put into question. There are a number of scholarly articles, and as I said that particular expert from California agreed with me on that. She and I do disagree friendly or not based on Article three. There are also some questions about other articles of the Uniform Commercial Code that are being written about now. And it's my understanding that this is cutting edge law that's not been tested particularly in other states and so we're really out there on a limb wondering what it's gonna do to our Commercial Code. >> Further question Mr. President. >> Do you yield for follow up senator? >> I do. >> Has there been any comments by the Uniform Laws Commission regarding this Bid coin debate as it affects Article nine? >> Not that I know of. But I don't have the information on that. I'm sorry Sir, I don't know. >> Okay. >> If I might ask if Senator Hudsel/g might yield for a question. >> Senator Hudsel/g do you yield? >> [INAUDIBLE] >> [LAUGH] >> I'm gonna go get a backhoe. >> [LAUGH] >>Senator Hudsel/g do you have any information that might. Yeah you know as much about the uniform code here as anyone else. Do you know anything about whether there has been a comment of the uniform group that Senator Blue is asking? I did not do that research before I came on the floor today. >> I do not know >> But? >> But I know that one of the members of the uniform laws commission is actually on our staff, and I'll be glad to find out. >> Thank you. >> Senator Ruccho for what purpose do you rise? >> To debate the bill. >> Senator Ruccho you have the floor to speak to the bill. >> I was very skeptical of this bill and heard the same people that Senator Barringer was talking about and even was probably more confused at the end of that time. But Senator Rabin and I, and I believe Senator Tillman had an opportunity to talk with the folks from the banking association who went in to tell about how it's a way of trying to generate money so that people that deal with mortgages are not subsidizing this other part. I'm not saying it's perfect, all I'm saying is it's time for us to be able to put in on the books and then work our way through it to try to clean it out cuz it is a cutting edge. But it is like a bitcoin and all these other stuff this all cutting edge material. We need to have a foot in the pool so we can start taking necessary changes so that North Carolina economy can reflect that. So I urge you to pass this bill. >> Senator McKissick for what purpose do you rise? >> To speak on the bill. >> Senator McKissick you have the floor. >> I'd like to thank Senator Gunn for his work on this bill and I guess it's been over a year since I've been working with him on it, as well as with people from the commission. The commissioner to the bank's office, and I've looked at regulations in probably a half dozen other states,

and what we have herein proposed in this bill is reasonable sale loss. Ones that really balance competing interests, it puts in place a structure that can move us forward, more importantly it's a consensus build where all of those that are involved in money transfer industry have come together. And I think that's important. Can it use enhancement and improvement in a few ways, I think that it probably can, and I believe the commissioner to the bank's office is willing to work with us once this is enacted, and I think that's a reasonable way of proceeding. I think that some of the concerns we've heard from Senator Barringer here, I understand them. I understand what he is concerned about, but I don't think this particular bill skirts or avoids those issues because we are not trying to go out there and identify these digital currencies in a way that makes them money underneath the uniform commercial code, we do need to have these regulations in place because we're far better with them than we are without them. And I think that Senator Gunn has really worked hard to, Commissioner of Banks has really worked hard. They've really brought together an excellent team. I don't think there's any Bill I've seen in recent years that's got a more rigorous review than this particular one has. And I had some concerns from the outset myself. But I think the vast majority of the concerns which I have have been addressed. So I would ask for you to support it and I think that we can move forward with the commissioner of banks in making some technical improvements perhaps in the long session. >> Senator Hise, for what purpose do you rise? >> To speak to the Bill. >> Senator Hise you have the floor to speak to the Bill. >> Thank you Mr. President, members of the Senate. I think at times it becomes obvious that there are certain debates that may not fit within the General Assembly. Our discussion about whether this is Chapter nine of the Uniform Commercial Code or whether it is, I don't remember any of my Stats Class covering any of that when I came up through and some of the legal scholars may have had some of those opportunities. But what we have here is that we have at North Carolina established a banking commission to deal with these type of issues that are at a technical level that may not necessarily be appropriate for our discussions. And as they've tried to regulate them over the years, they've had to start pulling funds from every other area of banking that they're doing just to be able to control this virtual occurrences and just to be able to try to make rulings on them and others. It's not fair to the banking and to the mortgage industry in Northern state to be subsidizing those. So what we've done with this bill is given them that revenue stream that they charge in these to the actual virtual currencies to let that industry work itself out within our banking commission which is the appropriate form for this. And this bill stops us from going to every other area that we do work in and mortgage and others and writing them to be able to deal with it and that's why I think it's so important. I suspect fully they are gonna come with some recommendations later, and say these are the changes we need and we'll make evaluations on those based on how we evaluate the banking commissioners as a whole, and its ability to make these regulations. So I think those are coming in the future but for now I don't know if it's the details or where this are fitting in it's important is that we put the structure in place to make sure that we have the ability to answer this questions in the future. >> Senator Smith has leave for the remainder of the day. Do we have any further discussion or debate? Hearing none the question before the senate is the passage of House Bill 289 on it's second reading. All in favor vote aye opposed will vote no five seconds be allowed for the voting the clerk will record the vote. [BLANK_AUDIO] Tucker. [BLANK_AUDIO] 35 having voted in the affirmative and ->> Objection. >> 35 having voted in the affirmative and 3 in the negative House Bill 289 passes its second reading and it will remain on the calendar. Those are roll call senator Hassell so it can stay there anyway. House Hill 407 clerk will read. >> House bill 407 housing authority transfer. >> Senator Wells Is recognized to xplain the bill. >> Thank you Mr. President. First I'd like to send forth an amendment it's on the dashboard. >> You can send it forward for reading. >> Senator Wells moves to amend the bill.

>> Senator Wells is recognized to explain the amendment. >> After our trip through the state local government and Finance committee the local government commission decided their was a technical amendment that would make the bill better all parties agreed and it's before you I ask for your support. >> Do we are having discussion or debate on the amendment? Hearing none the question before the Senate is the adoption of amendment one all in favor vote Aye, oppose will vote no five seconds be allowed for the voting the clerk will record the vote. Rucho aye, Berger, Tucker, Newton aye, Blue aye Berger, Tucker, 38 having voted in the affirmative and 0in the negative, amendment one is adopted. The bill as amended is back before the body, Senator Wales you're recognized. >> Thank you Mr. President, members, this is tool put tool box of cities, they can use it or not, I ask for your support. >> Do we have any further discussion or debate on the bill as amended? Senator Wadell for what purpose do you rise? >> I have a couple of questions for the bill sponsor. >> Senator Wells do you yield for questions? >> I want to thank you for amendment. >> Hold on senator Wadell. Senator Wells do you yield. >> I yield. >>. He yields it's your floor Senator Wadell. > Thank you for that amendment but I still have a couple of questions and one of them relates to house and authority as [UNKNOWN] governmental body and with that being said they abolish what provisions are provided here for an appeal process and as much as the authority that they have been given to operate Is there a question there senator Wadell? >> That's a question is there an appeal process I don't see one. >> It is my understanding with this transfer they need no appeal process. >> Do you want to ask another question senator? >> Follow up. >> Senator wells do you yield for a follow up? >> follow up. >> And so what happens with the responsibilities that they have already been given that they are working under and that they are charted with because they are charted under the state law as an independent agency governed by their own board of commissioners. So what happens with those things that they are responsible for if it's given to other governmental agency such responsible for a sectioning houses for rentals, for purchasing property if that other government agencies not in position to take over those responsibilities. >> I'm sorry I dint hear the last part of the question. The cells you are saying here that the Council of Government will be responsible for taking over the workings of the Housing Authority, what happens if they are not in position to carry out those functions such as rentals Such as purchase and property, such as quality and affordable housing. Utilizing housing as a platform for improving quality of life. What happens if they are not in responsible set up to do that and they have taken over these responsibilities from the Housing Authority. >> This bill gives City Council the authority to transfer this would not be an instantaneous transaction. This would involve discussions over time and the council would have Opportunity to make sure that before they're transferred from one body to another, they would thoroughly vet the new council of govern and make sure they were capable of doing that. I am optimistic that we don't have city council that would make such a transfer without doing their homework and being sure insure the cognizant position to take over these duties >> Okay thank you. >> Do we have any further discussion or debate? Hearing none the request before the senate is the passage of the senate committee substitute to house bill 407 on its second reading. All in favor vote aye opposed will vote no five seconds be allowed for the Voting clerk record the vote, Berger Aye, Rucho Aye, Tucker Aye, Hise Aye, Apodaca. 38 having voted in the affirmative and one in the negative. senate committee substitute to house bill 407 passes its second reading, and it will remain on the calendar. Moving on to public bills, non roll call second reading. Senate bill 815, the clerk will read.

>> Senate bill 815, chartered schools and the state health plan. >> Senator Blue is recognized to explain the bill. >> Thank you Mr. President. Ladies and gentlemen of the senate, this simply allows the [INAUDIBLE] School of the Arts which is a charter school here in downtown Rayleigh to participate in the state health plan as more than half of the current charter schools do, I urge your support. >> Do we have any discussion or debate? Hearing none the question before the senate is the passage of senate bill 815 on its second reading all in favor vote aye opposed will vote no five seconds be allowed for the voting. The clerk will record the vote. Tucker aye, Berger, Rucho ye, aye, Woodard aye 40 having voted in the affirmative and 0 in the negative senate bill 815 passes its second reading without objection be read a third time. >> North Carolina General assembly enacts. >> Do we have any further discussion or debate Hearing none the question before the senate is the passage of senate bill 815 on its third reading all in favor will say aye. >> Aye. >> Opposed no ayes have it. Senate bill 815 passes it's third reading and it will be sent to the house. Senate bill 865, clerk will read. Senate bill 865 state health plan [INAUDIBLE] changed local government. >> Senator Sanderson is recognized to explain the bill. >> Thank you Mr. president members of the senate [INAUDIBLE] by the bill that senator Blue presented to this chamber. That's how we have allowed since 2004 local governments and other organisations to enter into the state health plan. Last year we passed house bill 154 which would allow those local government to come in under a different set of rules. What we did last year was that we with certain criteria in order we allowed those. those local governments on a local first come first come bases to come in to the state health plan. We set a cap of 10000 of at which time we would stop allowing that until we could look at it further. When we reach that cap of 10000 unfortunately we had about 12 or 14000 people who were in the pipeline who had indicated they are interest in joining the state health plan and we were not able to allow them. Senate bill 865 does four things. First it prohibits local governments from charging employees or their dependent's premiums greater that those that are allowed by the state health plan. Number two ask for an increase of the cap from 10,000 to 16,000 on the following schedule. 3,500 participants will be allowed to enter between the passage of this legislation and June 30th, 2017. In addition, 2500 from July 1st 2017 through January 31st 2018. Because of the aforementioned changes concerning the amounts that local government charge we are also allowing participating local governments to withdraw from the plan effective January 1st 2017 with proper notice if they do not want to adhere to those changes. And finally we're making a statement that the state health plan has responsibility of reporting coverage for retirees and direct bill members, as required by the Internal Revenue Code. I'll be glad to answer any questions and ask for your support. >> Do we have any discussion or debate? Hearing none, the question before the senate is the passage of the committee substitute to senate bill 865 on its second reading all in favor vote Aye oppose will vote No five seconds be allowed for the voting clerk will record the vote. Berger aye, Tucker, aye, Hise. 40 having voted in the affirmative and zero in the negative committee substitute to Senate bill 865 passes its second reading without objection it will be read a third time. >> North Carolina General Assembly enacts. >> Any discussion or debate? Hearing none the question before the Senate is the passage of the committee substitute Senate bill 865 on its third reading, all in favor will say aye. >> Aye. >> Opposed no, the ayes have it. Committee substitute Senate bill 865 passes its third reading and it will be sent to the House. House bill 253, the clerk will read. >> House bill 253, Justice reinvestment act changes. >> Senator Randall is recognized to explain the bill. >> Thank you Mr. President, House bill 253 would make changes to the authority of probation officers with respect to setting conditions of probation, post release and parole release to further implement the justice reinvestment act of 2011 and Mr. President, I do have an amendment. >> Clerk will read. >> Senator Randleman moves to amend the bill. >> Senator Randleman is recognized to explain the amendment. >> Thank you, the amendment is technical in nature, it only changes the effective date from July 1 2016 to December 1 2016. >> Any 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 will be allowed for the voting.

Clerk will record the vote. Berger aye. [BLANK_AUDIO] Bryant aye, Chaudhuri Aye, Tucker, Tucker 49 having voted in the affirmative and zero in the negative. And moment one has adopted the bill as amended is back before the body, Senator Randleman is recognized >> Thank you Mr. President. Ladies and gentlemen, this bill was vetted in J2 and any areas of concern have being removed and I know of no opposition to this bill as it is currently written and I ask for your support. >> Do we have any discussion or debate on the bill as amended. Hearing none, the question before for the senate is the passage of the senate committee substitute to the house bill 253 as amended on its second reading, all in favor vote aye opposed will vote no five seconds be allowed for the voting the clerk will record. >> Berger aye, [BLANK_AUDIO] Hudsel aye. 40 having voted in the affirmative and 0 in the negative senate committee substitute to house bill 253 as amended passes its second reading without objection be read a third time. >> North Carolina general assembly enacts. >> Do we have any discussion or debate? Hearing none the question before the senate is the passage of senate committee substitute to house bill 253 as amended on its third reading all in favor will say Aye oppose No. The Aye's have it. Senate committee substitute to house bill 253 as amended passes its third reading,the amendment will be engrossed and sent to the house for concurrence in the senate committee substitute. House bill 678 the clerk will read. >> House bill 678 amend innocence commission statutes. >> Senator Lee is recognized to explain the bill. >> Thank you Mr. president. As you know in 2002 the chief justice at that time, Chief Justice I. Beverly Lake formed the chief justice's actual innocence commission, in 2007 the innocence inquiry commission was actually formed and has resulted in the release of several men who were serving lengthy prison sentences for crimes they did not commit. But since that time as time goes on with any process you need to change it and that's what this bill is about but before I get too far into it I'd like to put forth an amendment which has already being submitted and should be showing on the dashboard. >> Clerk will read. >> Senator Lee moves to amend the bill >> Senator Lee is recognized to explain the amendment. >> If you look to section six of the bill it provides for a search of any state or local government agency where certain files may be kept and motion to this bill after a lot of work has reached some consensus and I think no one is totally happy with everything which is the definition of consensus expect for this one portion so I would ask your support in deleting this particular portion out of the bill. >> Do we have any discussion or debate on the amendment? Hearing none the question before the senate is the adoption of amendment one all in favor vote aye opposed will vote no five seconds be allowed for the voting the clerk will record the vote. [BLANK_AUDIO] Berger aye. 39 having voted in the affirmative and one in the negative amendment has adopted the bill as amended is back for the body Senator Lee is recognized. >> There's quite a bit in this bill so I think I'm gonna break it down it four parts. Essentially the first section you'll see a formal increase just defined. Section two provides that the director of the commission the commission reports to the director of ASC who then consults with the commission chair. Section three and four, three really deals with pre-hearing procedures and four deals with hearing procedures. So in section three, it's changed somewhat how these matters are referred to the commission giving. Some priorities to the more serious offenses those who are being incarcerated for long periods of time. In that pre-hearing procedure change it also talks about how written agreement has to be entered into parting a forensic testing and claiming interviews. A core-defenders of the claimers are also being notified and they have the opportunity Opportunity for a putative time to also make a claim or be [UNKNOWN]. It also provides that case status updates are going to be given every six months to the DA and to the convicted person. Moving to section four, the hearing procedures, after the formal inquiry the evidence is presented to the commission. It also has a provision. Where written statements can be provided to be part of the record by both the DA and the convicted person and also provides service to the convicted person at certain instances that were did not provide previously. The bill also talks about a specific about when things are public records and when they're an exception to the public records law

and that Appears in a variety of different places, it also allows for a bypass of the commission procedure if both the DA and the convicted person feel it needs to move forward to the three judge panel which is where it goes after the commission would make that recommendation to be heard and they'll be happy to answer any other questions. >> If you have any discussion or debate on the bill as amended. [BLANK_AUDIO]. Hearing nothing. Pressure of the senate is the passage of The Senate committee substitute the house bill 678 as amended on its second reading. All in favor will vote aye, opposing vote no five seconds to be. allowed for the voting the clerk will record the vote. Berger aye, Clark aye. [BLANK_AUDIO] 39 having voted in the affirmative and 1 in the negative senate committee substitute to house bill 678 as amended passes its second reading without objection be read a third time. >> North Carolina general assembly enacts. >> Do we have any further discussion or debate on the amendment? >> Hearing none the question before the senate is the passage of senate committee substitute to house bill 677 as amended on its third reading all in favor will say aye. >> Aye. >> Opposed no the ayes have it. senate committee substitute to house bill 677 as amended passes its third reading the amendment will be engrossed Will be sent to the House for concurrent in the Senate Committee substitute. House Bill 747 clerk will read. >> House Bill 747 Yuzack's extra kratom study abuse of TC substance. >> Senator McManus is recognized to explain the Bill. >> Thank you Mr President this is a Bill to restrict the sale of kratom which is a so called From South East Asia that is being sold throughout the United States and has come up in the systems of about 22 or 23 corpses that have been brought to the medical examiner's office and we have decided to restrict it to the sale of someone 18 years old or greater and put in a study commission along with [UNKNOWN] to determine what their medicinal value is and report back next year. Anyone under 18 purchasing would be an infraction, so that we are not endangering anyone's record and of course it would be Misdemeanor for anyone selling to someone less than 18 and I submit this to you for your vote and in a positive way. >> Do we have any discussion or debate? [BLANK_AUDIO]. Hearing none, request before the senate the passage of the senate committee substitute to House Bill 747 on the second reading. All in favor will vote I, oppose oppose will vote no, five seconds be allowed for the voting the clerk will record the vote. Berger aye, Gunn aye, Mckisick aye, Chortley aye. [BLANK-AUDIO]. 40 having voted in the affirmative and 0 in the negative senate committee substitute to house bill 747 passes its second reading without objection will be read a third time. >> North Carolina General assembly next. >> Do we have any discussion or debate? Hearing none, the question before the senate is passage of senate committee substitute to house bill 747 on its third reading, all in favor will say aye. >> Aye. >> Opposed no. The ayes have it, the senate committee substitute to house bill 747 passes its third reading it will be sent to the house for concurrence and the senate committee substitute. >> House bill 1035 clerk will read. >> House bill 1035, LGC training for local government finance officer. >> Senator Barefoot is recognized. Thank you Mr. President. House bill 1035 allows the local government commission to require towns, finance officer or people during the duties of finance officers and cities counties, municipalities who are not doing too well to undergo training At the four community colleges currently and ask for your support past finance and education committee. >> Any discussion or debate? Hearing none, the question for the Senate is the passage of committee substitute to house bill 1035 on a second reading, all in favor will vote Aye, opposed vote no. Five seconds be allowed for the voting and the clerk will record the vote Vote, gone aye. [UNKNOWN] aye, burger, burger 39 having voted in the affirmative and zero and negative committee substitute house bill 1035 passes its second reading Second reading without objection be read the third time. >> North Carolina general assembly next. >> Any discussion or debate? Hearing none the question for the senate is the passage of committee substitute to house bill 1035 on its third reading. All in favor say aye. >> Aye. >> Opposed no. The ayes have it. The committee substitute to house bill 1035 passes its third reading, it will be Will be enrolled and sent to the governor.

[BLANK_AUDIO]. Public bills for concurrence senate bill 19, clerk will read. Senate bill 19 , uniform requiring fees register be. >> Senator lee is recognized. >> This bill started out in the senate and its other life as a [UNKNOWN] laws technical Technical changes and now it's uniform according fees, what it does it ups the limit for the flat fee and increase in the fee as well. The lots of different reasons I would be happy to explain if they want would like but otherwise, I would just urge your support. >> Senator Lee, I ask you concur, do we have any discussion or debate. Hearing none. The question before the Senate is the motion to concur in the House Committee Substitute to Senate Bill 19. All in favor vote Aye, opposed will vote no. Five seconds will be left for the voting. Clerk will record the vote. Berger, Sanderson, Aye, Berger [BLANK_AUDIO] Senator Berger has been excused absence for the remainder of the session. 39 having voted in the affirmative and zero in the negative. The Senate concurs in the House Committee substitute to Senate Bill 19. It will be enrolled and sent to the Governor. Senate Bill 600 clerk will read. >> Senate Bill 600, a [INAUDIBLE] compensation judge before marriage/g. >> Senator Brown is recognized. >> Thank you Mr. President. What this Bill does is require Appraisal Management Companies to compensate appraisals in compliance to federal law. All the stakeholders have gotten together and worked all this out and And somebody obviously needs for a Federal or Pellet Judge to perform a marriage so they put that in the Bill as well. So I ask that you concur. >> Any discussion or debate? Hearing none for the Senate is the->> Mr. President. >> Senator Newton for what purpose do you rise? >> To see if Senator Brown would yield to a question. >> Senator Brown do you yield? >> I will take a stab at it yes >> Do you have any idea why a federal judge would need to have a authority to perform marriage here in North Carolina? >> I'm not sure why they would want to but I guess they needed the authority to do it, and it's isolated incidence that In think someone wanna take care of. >> Follow up. >> For 30 days. >> Senator Brown do you yield for a follow up? >> I'll try. >> Senator Brown do you know whether or not superior courts judges here in North Carolina are able to perform marriages? >> I know we have given judges authority several times but I think it was on a time frame so They I wanted. I don't think so. [LAUGH] >> Thank you Mr. President. Speak to the bill >> Senator Newton you have the floor to speak to the bill >> Speak to the motion. Colleagues, I'm sure the bill was a great bill.I just think it's a real bad idea that we launch into these little exceptions and I'm gonna vote to not concur. >> Do we have any further discussion or debate? Hearing none the question before the Senate is to concur in the House Committee Substitute to Senate Bill 600 all in favor vote aye opposed vote No five seconds be allowed for the voting clerk will record the vote. [BLANK_AUDIO] 34 having voted in the affirmative and 5 in the negative the Senate concurs in the House Committee Substitute the Senate Bill 600 it'll be enrolled and sent to the governor. [BLANK_AUDIO] Senate Bill 792 clerk will read. >> Senate Bill 792 State IT contact is contact of liability. >> Senator Hise is recognized. [BLANK_AUDIO]. >> Sorry I was distracted there for a moment. [LAUGH] This bill was passed Senator Tart had run this earlier on the floor this past senate. I think 48 to 1 there was some technical changes with regards to limits of liability I think they moved the cap to three times the amount of liability. But the vendor could be required to pay the full cost of notification of the liability breach. I think we now have the department as well as the executive branch all on board with this legislation now, everyone in that area seems to be in agreement. This is very important for vendors who wanna do data work with the State of North Carolina and I would ask that you concur. >> Senator Hise asks you concur to having discussion or debate? Hearing none the question before the senate The question before the Senate is the motion to concur on House committee substitute Senate bill 792, all in favor vote aye, opposed will vote no. 5 seconds will be allowed for the voting, the clerk will record the vote. >> Pate aye, Apodaca aye, Barefoot aye, 39 having voted in the affirmative and zero in the negative the Senate concurs on the House committee

substitute to Senate bill 792 and it will be enrolled and sent to the Governor. [BLANK_AUDIO] And I think that wraps up our calendar for the day. Senator Hise for what purpose do you rise? >> To send forth committee report out of order. >> You can send forth your report out of order Senator Hise. [BLANK_AUDIO] Clerk will read. >> Senator Hise the healthcare committee submits for passage. House bill 1033 committee substitute number one Id card be waived disability favorable. >> House bill 1033 calendar. Senator Tillman for what purpose do you rise? >> To send forth committee report. >> You can send your report forward Senator. [BLANK_AUDIO] Clerk will read. [BLANK_AUDIO] >> Senator Tillman the Finance Committee submits for passage, House bill 1022, committee substitute 1, Maxton Deannexation/Siler City Satellite Annex. Favorable. House bill 1044 Senate committee substitute number One, Law Enforcement Omnibus Bill. Favorable. House bill 1132 committee substitute number two [INAUDIBLE] deannexatin favorable. >> House bill 1042, 1044, 1132 calendar. Senator Barefoot for what purpose do you rise? >> Like to change my vote on senate bill 60 from no to aye. >> Barefoot changes his a vote on 600 from No to Aye. >> Mr. president, >> Senator Apodaca for what purpose do you rise? >> Motion please. >> One second senator let me get the final count on that. Final count was on 600? [BLANK_AUDIO] 35 for, Senator Apodaca you have the floor. >> Thank you Mr. President. Senate bill 363 is in the rules committee for concurrence I ask that it be removed and re-referred to the committee on finance and that is wage and local our government assessment >> So ordered. [BLANK_AUDIO] >> Senator Tucker for what purpose do rise? >> Mr. President, if I may change my verdict on HB 1039 from Aye to No. >> 1039 Tucker Aye to No. Final count. [BLANK_AUDIO]34-6. [BLANK_AUDIO] Senators we had some pages here obviously doing some double duties for us being late on a Friday and I would like to just personally mention name and thank them, Austin Davis from Riley, Sean Thomas from [INAUDIBLE] Lexi Ray from Knightdale and Jeneal Wigans from Knightdale. I thank you pages so much for pulling double duty for us and working late on Friday, we really appreciate your help. >> [APPLAUSE] >> Do we have any notices or announcements. Any further business come for the senate, if not the chair recognize senator Pate for a motion. >> Thank you Mr. president, I move that the senate do now adjourn subject to the standard stipulations in Senate rule 24.1, the receipt of conference reports, the receipts of committee reports, the appointment of conferees and the receipt of house messages to reconvene on Monday June 27th 2016 at 9 AM, which will be a Session, a voting session will be held later in the afternoon of Monday June 27th. The motion of the Senate do now adjourn. >> Correction to that, it will be no earlier than 3 pm for the voting session on Monday. >> Thank you Senator. The motion of the Senate do now adjourn subject to the Stipulation stated by Senator Pate to reconvene Monday June 27th at 9 am seconded by Senator Woodard, all in favor say aye > Aye!

>> Opposed no. The ayes have it and the Senate stands adjourned. [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] The post standing committee. Senator Tillman for the finance committee, submits the passage, house bill 392. Senate committee substitute number one, all in favor will ask the senate committee substitute bill number one, but favor will ask to senator committee substitute bill number two calendar. [BLANK_AUDIO] [BLANK_AUDIO]. Committee reports senator Tillman for the finance committee. Report house bill 533 committee solved [INAUDIBLE] extensions to disqualifications as in favorable to the committee substitute. substitute number one but favorable to the senate committee substitute bill, calendared in the new title, I'd like to modify when the lean for deferred taxes on land gov both for present use value classification is extinguished in order to promote sales for land conservation uses and to allow taxpayers to contest a denial of the claim for refund refund which the Department of Revenue determines to be outside the statute of limitations. [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] Appointment of conferees, senate bill 561, school system authority, legal proceedings, Senator SueChuck/g is removed, Senator Tucker is appointed chair, and Senator Lee is added as a conference committee member. Senator Berger makes a filing additional appointments. House Bill 657 Mass standard course of Study revisions. Conferees are Silman Chair, Barefoot, Lee, Crovic and Smith-Ingram. House Bill 817 enact Uniform of Law on adult guardian guardianship. Conferees are Barringer Chair, Sanderson, Daniel, Randleman and Bryant. House Bill 9.59 DOT proposed Legislative changes. Conferees are Raven Chair, Harrington, Meridith, Daniel, Hise, and Ford. Senate Bill 3.71 LME, MCO claims reporting mental health amends.

Conferees are Hudsel Chair, Hise, Pate, Tucker and McKissick. [BLANK_AUDIO] Re-referral of bills, house bill 303 dispute resolution amendment. It's currently on committee appropriations. Re-referred to rules. House bill 1061 preserved tenancy by the entirety from the judiciary one committee to the committee on rules. [BLANK_AUDIO] [BLANK_AUDIO] Committee report, senate bill 554,finance committee reports submits [LAUGH] the following with recommendations as to passage. Senate bill 554, school building leases, unfavorable as to committee substitute bill number one but favorable as to committee substitute number two, calendar. [BLANK_AUDIO] [BLANK_AUDIO]