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Senate | July 16, 2014 | Chamber | Session

Full MP3 Audio File

Senate will come to order, the Sargent at arms will close the doors. Members will go to their seats. Members and guests of the gallery will please silence all electronic devices. Leading the senate in prayers the Reverend Peter Milner, Senate Chaplain. All members and guests of the gallery will please stand. [SPEAKER CHANGES] Please pray with me. Heavenly father, we bow our heads, we acknowledge our dependence upon you. Whether it's our first time today or our fifteenth, we're just so thankful that you welcome us every time that we come into your presence. We come not just as Senators or staff or lawyers or various people representing different institutions around the country, but we come as a capital community that needs your help. And I pray that you would bless everyone in this capital community from their head to their toe. And I pray these things in the name of Christ. Amen. [SPEAKER CHANGES] Members leaves of absence are granted for senator Newton, Parmon and Meredith. If the senate would come to order. Members of - our nurse of the day is in the back of the chamber, Mary Schuler of Chapel Hill, North Carolina, is serving the senate today. Thank you Nurse Schuler. Reports of standing committees. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Apodaca for what purpose do you rise? [SPEAKER CHANGES] Send forth the rules, committee report. [SPEAKER CHANGES] Send forward your report. [SPEAKER CHANGES] Clerk will read. [SPEAKER CHANGES] Senator Apodaca for rules of operation of the senate, submits for passage, House bill 369 senate committee substitute number one. I'm [??] favor [??] senate. It may substitute bill number one but favor [??] to senate committee substitute bill number two titled, An Act to Make Changes to Various Criminal Laws and to Amend Service of Process for Summary Ejectment. Calendar. [SPEAKER CHANGES] Are there any other committee reports? [SPEAKER CHANGES] Members we're about to go to the calendar. Senator Apodaca. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Motions please. [SPEAKER CHANGES] State your motion. [SPEAKER CHANGES] Well today's calendar senate bill 853, business court modernizations on the face calendar asked to be removed from today's calendar and placed on - let's re-refer it to committee on rules. [SPEAKER CHANGES] Without objection. [SPEAKER CHANGES] Mr. President, house bill 1155 Pine Hurst annexation on today's calendar move to be removed from today's calendar, re-refered to committee on rules. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] House bill 375, how to increase allowed size of passenger buses was heard in the rows [SP] committee and I believe it's already been reported in madam clerk, I move that it be placed on today's calendar at the end. [SPEAKER CHANGES] House bill 375 on today's calendar without objection. [SPEAKER CHANGES] Thank you Mr. president. House bill 1096 Union County contracted ambulances services report heard and reported out by rules favorable asked to be placed on the end of today's calendar please. [SPEAKER CHANGES] House bill 1096 on today's calendar without objection. [SPEAKER CHANGES] Mr. President, senate bill 859, cities regulation of vacation rentals currently in state and local government has to be referred to the committee on rules. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] Thank you Mr. President. Mr. President, one more. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] As finance committee reported their bills in yet? [SPEAKER CHANGES] Okay. Mr. President, house bill 1033, special assessment dam repair, was heard in finance today and reported in as a move to be placed on today's calendar, it is time sensitive. [SPEAKER CHANGES] Without objection house bill 1033 on today's calendar. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] Local bills, third read and role call.

[0:00:00.0] House Bill 1212, the clerk will read. [SPEAKER CHANGES] House Bill 1212: Burlington Charter/Revision and Consolidation. [SPEAKER CHANGES] Is there further discussion or debate on this local bill? Hearing none, the question before the senate is a passage on third reading of House Bill 1212, all in favor will vote aye, all oppose who vote no, five seconds will be allowed for the voting, the clerk will record the vote. Senator Rabon… [SPEAKER CHANGES] Sir… [SPEAKER CHANGES] Aye or no? [SPEAKER CHANGES] I’m sorry, aye. [SPEAKER CHANGES] Rabon, aye, 47 having voted in the affirmative and none in the negative, the House Bill 1212 has passed its third reading and will be enrolled. Second reading role called House Bill…I’m sorry, skipped over there, Second reading House Bill 1120, the clerk will read. [SPEAKER CHANGES] House Bill 1120: 2 Co. Comm./Durham Tech. Bd. [SPEAKER CHANGES] Is there any discussion or debate on this local bill? Hearing none, the question before the Senate is the passage on second reading of House Bill 1120. All in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All oppose will say no. The ayes have it and House Bill 1120 having passed its second reading, we will without objection be read third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Further discussion or debate, hearing none, the question before the Senate is the passage on third reading of House Bill 1120, all in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All oppose will say no. The ayes have it and House Bill 1120 has passed its third reading and will be enrolled. [SPEAKER CHANGES] Mr. President… [SPEAKER CHANGES] Senator Apodaca you are recognized. [SPEAKER CHANGES] House Bill 348 is the next bill I believe move that and placed on the end of today’s calendar please. [SPEAKER CHANGES] Without objection so ordered. House Bill 1145, the clerk will read. [SPEAKER CHANGES] House Bill 1145: Insurance & Registration Required for Mopeds. [SPEAKER CHANGES] Senator Apodaca is recognized to explain the bill. [SPEAKER CHANGES] Thank you Mr. President and members we have had a spirited debate on this bill over the last week or last and over the last five or six years before. So, I bring it before you again, currently in North Carolina mopeds are not registered and are not insured. This bill is to take care of both of those points to now put a registration requirement on mopeds and additionally make them have financial responsibility so when we share the votes there is protected his wheel, there are many reasons to do this, there have been numerous reports done about the safety of mopeds, one study examine 373 crashes involving 368 people of these incidents, 184 were involved under the influence of drugs and alcohol, 14 incidents resulted in death, 29 permanent disabilities, numerous unknown property values that were head to be paid for by the uninsured motorist portions of people’s insurance policy. I look forward to a nice debate and moving forward on this bill for the future I think is so orderly needed, thank you. [SPEAKER CHANGES] Further discussion or debate, Senator McKissick what purpose you have? [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] I wanna thanks Senator Apodaca for his work on this bill, we certainly need some reasonable regulations in place as it relates to use of mopeds here in North Carolina but certainly if we continue dealing with the registration of mopeds it makes a lot of sense to me, there is certainly a capacity for our state to go out there and to perform that act that it looks like they do have serial numbers and some of these have not they can be inspected but the thing we need to remember though are those that are using mopeds, are those that are frequently unable to get a car, they either can’t go out there and purchase a car or they may not have a drivers license which is valid because their drivers license has been revoke for one reason or another. So, I think we need to be mindful of the fact that it provides viable transportation to and from work frequently to other destinations with people who do not have another viable mean to transportation. Sometimes people say, “Why do they can’t take public transit?” Well, there are a whole lot of parts of the state they are not covered by mass transit system or public transportation. So, we need to be sensitive to that but the provision of the bill that does… [0:04:59.4] [End of file…]

[0:00:00.0] …Some concerns and I think deserves further study, it’s the provision in the bill right now that requires insurance. I try to go back and check a little bit to try to see where the insurance have been provided today in our neighboring states and interestingly enough and this is one I think insurance provision deserves a little bit more study. In Florida, there is no requirement for insurance of mopeds, Georgia no requirement for insurance, South Carolina no requirement for insurance, Tennessee no requirement for insurance, Virginia none, no in West Virginia. I think that suggest to us that we are about to embark up on a process which is not the norm in other states but they do have some provisions dealing with the use and regulation of mopeds it is for that reason that I sent forward an amendment for the bodies consideration. [SPEAKER CHANGES] 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] I think that we could benefit from a some additional investigations to see the extent in which insurance should be required here in North Carolina, it looks right now based upon information is available through the Department of Insurance studies and policies could cost about $400 a year and we don’t know really what they are gonna cost because we don’t have any companies out there today operating within an environment for a type of caring said would be required now is actually routinely available. So, what this would do is to sent to a study group the duty of going back and doing some work as the study group is gonna be composed of house members and Senate members to give some thoughtful inquiry and to how insurance should be structured here in North Carolina of whether we might want to go over the trend the way other states have in the South-East of not requiring it. So, I would hope that we would do our appropriate do-delectates and think about this before we impose an additional cost upon many people in the state who can at leas afford it. So, I ask for your support. [SPEAKER CHANGES] Further discussion or debate on amendment 1? Senator Apodaca… [SPEAKER CHANGES] Thank you Mr. President to speak on the amendment. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] I think the original debate we had on this I’m trying to remember was it 2009 perhaps yeah Senate Jack is here, Senator Ryan was here, we discussed this and we had spirited debate and it’s one of the only bills Senate Jenkins I remember ever failing on the Senate floor. But since that time, since that time accidents have been steadily climbing, we have 439, 2009 we have 455, 2010 we have 501 these are reported crashes, fatalities away 15 fatalities 097, 2010 was 13, I don’t have the 11 and 12 figures here the latest ones but it did show a climb along the same lines or the others. We can keep kicking this can down the road and we can make those of us who approaches insurance and do what we are supposed to with our vehicles keep paying the price for those who don’t. Now, $400 a year for transportation insurance yes that’s a lot of money but that is also a person who has no driver’s license, who has lost their drivers license and has had numerous charges and offenses against. The bottom line if someone hasn’t had violation against their license and all it can start somewhere from $60 a year up to $400. So, there is a range there can definitely be it’s all classified on year licenses and your violations and offenses. So, I don’t think that’s a large price for someone to pay, they will be driving 20 to 25 miles an hours in between cars doing 55 miles an hour. I know up in my area we do not have adequate public transportation. So, living with mopeds is a daily occurrence and it’s very taxing many times because again we got behind one last week with two cases the beer strapped on the back of it, headed down the road doing 20 miles an hour and 50 miles an hour and it so happens that never mind we will leave it, I ask you to vote against the amendment. [SPEAKER CHANGES] Further discussion or debate on amendment one? [0:04:59.9] [End of file…]

Hearing none, the question before the Senate is the passage of Amendment 1 to House Bill 1145. All in favor will vote aye. All opposed will vote no. Five seconds will be allowed for the voting. The clerk will record the vote. 14 having voted in the affirmative and 33 in the negative. Amendment 1 fails, and House Bill 1145 is back before you. Is there further discussion or debate? Senator McKissick, for what purpose do you rise? [SPEAKER CHANGES]. To send forth an amendment. [SPEAKER CHANGES]. Send forward your amendment. Clerk will read. [SPEAKER CHANGES]. Senator McKissick moves to amend the bill. [SPEAKER CHANGES]. Senator McKissick has the floor to explain the amendment. [SPEAKER CHANGES]. This is a pretty straight forward amendment. What it will essentially do is allow the registration of mopeds to begin December 1. It's the date designated in Senator Apodaca's bill. But what it does is if we're moving this insurance route, at least it gives an additional year before that additional cost is imposed upon individuals that perhaps can least afford it. It also gives those dealers that have a whole stock of inventory of mopeds, a chance to sell the inventory that's there, because they may not be ordering the same amount based upon the pace of sales that they anticipate as a result of the new law being passed. And more importantly, it's a reasonable notice period for people to go out there and understand the fact that they're going to be required to register and get insurance for these vehicles. So it gives them up until December, the law becomes effective when registration occurs, but it would be December the following year before they'd be required to get insurance. So it's more or less a phased process, a transition process, which I think is more than reasonable. So I ask for your support. [SPEAKER CHANGES]. Further discussion or debate on Amendment 2? Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES]. Speak on the amendment. [SPEAKER CHANGES]. You have the floor. [SPEAKER CHANGES]. Thank you, Mr. President. Members, here again, we're just trying to kick that can down the road for another year. I'm just going to ask you not to support the amendment. Thank you. [SPEAKER CHANGES]. Further discussion or debate on Amendment 2? Hearing none, the question before the Senate is the passage of Amendment 2 to House Bill 1145. All in favor will vote aye. All opposed will vote no. Five seconds will be allowed for the voting. The clerk will record the vote. 20 having voted in the affirmative, and 27 in the negative. Amendment 2 fails, the bill is back before you. Is there further discussion or debate on House Bill 1145? Hearing none, the question before the Senate is the passage on second reading of House Bill 1145. All in favor will vote aye. All opposed will vote no. Five seconds will be allowed for the voting. The clerk will record the vote. 36 having voted in the affirmative, and 11 in the negative. House Bill 1145 has passed its second reading, and will, without objection, be read a third time. [SPEAKER CHANGES]. The North Carolina General Assembly enacts. [SPEAKER CHANGES]. Is there further discussion or debate? Hearing none, the question before the Senate is the passage on third reading of House Bill 1145. All in favor will say aye. All opposed will say no. The ayes have it, and House Bill 1145 has passed its third reading and will be returned to the House on the issue of concurrence in the Senate Committee Substitute. House Bill 375, the clerk will read. [SPEAKER CHANGES]. House Bill 175, increase allowed size of passenger buses. [SPEAKER CHANGES]. Members, this is a local bill. Is there any discussion or debate on this local bill? Senator Tarte. [SPEAKER CHANGES]. Yes. Members, this bill is a local bill for the City of Charlotte to allow them to operate articulated buses on their city streets. I ask for your support, I know of no objections. [SPEAKER CHANGES]. Further discussion or debate? Hearing none, the question before the Senate is the passage on second reading of House Bill 375. All in favor will say aye. All opposed will say no. The ayes have it, and House Bill 375 has passed its second reading, and will, without objection, be read a third time. [SPEAKER CHANGES]. The North Carolina General Assembly enacts. [SPEAKER CHANGES]. Further discussion or debate? Hearing none, the question before the Senate is the passage on third reading of House Bill 375. All in favor will say aye. All opposed will say no.

[0:00:00.0] The ayes have and House Bill 375 has passed its third reading and will be enrolled. House Bill 1096 the clerk will read. [SPEAKER CHANGES] House Bill 1096: Union County/Contracted Ambulance Service. [SPEAKER CHANGES] Senator Tucker is recognized. [SPEAKER CHANGES] Thank you Mr. President and ladies and gentlemen, the Senate this is local bill that allows Union County to recover cost of ambulance services either through Liens or through Garnishment of wages. I would ask for your support on this. [SPEAKER CHANGES] Further discussion or debate? Hearing none, the question before the Senate is the passage on second reading of House Bill 1096, all in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All oppose will say no. [SPEAKER CHANGES] The ayes have it and House Bill 1096 has passed his second reading and we will without objection be read it third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Is there further discussion or debate? Hearing none, the question before the Senate is the passage on third reading of House Bill 1096, all in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All oppose will say no. The ayes have it and House Bill 1096 has passed its third reading and will be enrolled. Senate Bill 614, the clerk will read. [SPEAKER CHANGES] Senate Bill 614: Military Lands Protection Act. [SPEAKER CHANGES] Members this is a conference report motion to adopt. Senator Brown is recognized to explain the motion. [SPEAKER CHANGES] Thank you Mr. President this is the bill if you remember that deals with the back issue its a little bit time since there is a house just made some really technical changes. So, I ask that we concur with the conference report. [SPEAKER CHANGES] Is there further discussion or debate on this motion? Hearing none, the question before the Senate is the passage of the motion to adopt the conference report Senate Bill 614, all in favor will vote aye, all oppose will vote no, five seconds will be allowed for the voting, the clerk will record the vote. 47 having voted in the affirmative and none in the negative the conference report is adopted. And the house has adopted the report as well it would be enrolled and sent to the Governor by special messenger. House Bill 1033, the clerk will read. [SPEAKER CHANGES] House Bill 1033: Special Assessment/Dam Repair. [SPEAKER CHANGES] Senator McLaurin is recognized. [SPEAKER CHANGES] Thank you Mr. President. I appreciate the opportunity to hear this bill today so there might be fine and I know a bit about it, this is a very simply authorizes a county to impose a special assessment for repairs to a dam, it’s very simple Dam Bill, no opposition to this Dam Bill and I recommend this very good Dam Bill to you this afternoon, thank you very much. [SPEAKER CHANGES] Further discussion or debate? Hearing none, the question is the passage on second reading of House Bill 1033, all in favor will vote aye, all oppose will vote no, five seconds will be allowed for the voting. The clerk will record the vote. Apodaca aye, 45 having voted in the affirmative and 2 in the negative, House Bill 1033 has passed its second reading and will remain on the calendar. Members I think we go back to House Bill 348, are we ready on that one? House Bill 348, the clerk will read. [SPEAKER CHANGES] House Bill 348: Public Safety Technology/State ROW. [SPEAKER CHANGES] Senator Gunn is recognized. [SPEAKER CHANGES] Thank you Mr. President the House Bill 348 will give DOT the authority to inner-agreements with local governments to allow the placement of public safety related technology and state right away specifically right now they would like to place automatic license plaint readers on state roadsides and DOT has found no authority to allow this, North Carolina DOT has no objection to this bill, the purpose is to try to get bad people off the streets, fugitives stealing cars tires like ___[04:52] used and local street by about 20 municipalities and it’s a common practice in the United States. With that… [0:04:59.9] [End of file…]

[0:00:00.0] Mr. President we have got two amendments that will really make this a better bill and if can I would like to refer to Senator McKissick to present this first amendment. [SPEAKER CHANGES] Senator McKissick is recognized to send forward an amendment. [SPEAKER CHANGES] Yes. [SPEAKER CHANGES] Senator McKissick moves to amend the bill. [SPEAKER CHANGES] Senator McKissick has the floor to explain the amendment. [SPEAKER CHANGES] First I would like to thank Senator Gunn for this opportunity to work with him on this bill and what this does to automatic license plate readers who are out there already gathering this information just like some reasonable parameters related to their use information that they obtain cannot be held more that 120 days unless a law enforcement agency will identifies it’s specific investigations and all these specific parties that are required to retain that information longer but also stops the public and trying to access this information through ___[00:51] and things like that and civil proceedings. So, we won’t have to see those types of abuses occurring either I ask for your support. [SPEAKER CHANGES] Mr. President… [SPEAKER CHANGES] Senator Gunn for what purpose you have? [SPEAKER CHANGES] To speak to the amendment. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] I also would like to thank Senator McKissick for bringing this amendment forward. I think we all had a little concern about privacy rights, we do want to help law enforcement as best we can but this really tightens this bill as to where and how it can be used and I would ask for your support. [SPEAKER CHANGES] Further discussion or debate on amendment 1? Hearing none, the question for the Senate is the passage of amendment 1 to House Bill 348, all in favor will vote aye, all oppose will vote no, five seconds will be allowed for the voting the clerk will record the vote. 44 having voted in the affirmative and 3 in the negative, amendment 1 passes and House Bill 348 is back before you, further discussion or debate? Senator Gunn___[01:58] what purpose you have? [SPEAKER CHANGES] To send forward an amendment it should be on the dashboard. [SPEAKER CHANGES] Send forward 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, this is really going to two things this is ___[02:11] from the utility companies first part of this amendment require that law enforcement follow the provisions of the Underground Damage Prevention Act. And secondly, it will require the law enforcement to remove them over license plate readers or the utilities can remove them in an emergency situation for immediate access if utility work needs to be performed and I appreciate your support. [SPEAKER CHANGES] Further discussion or debate on amendment 2? Hearing none, the question for the Senator is the passage of amendment 2 to House Bill 348, all in favor will vote aye, all oppose will vote no, five seconds will be allowed for the voting the clerk will record the vote. 47 having voted in the affirmative and none in the negative amendment 2 passes and House Bill 348 is back before, is there further discussion or debate on the bill? [SPEAKER CHANGES] Mr. President… [SPEAKER CHANGES] Senator Rabin for what purpose you ask? [SPEAKER CHANGES] To amend the bill. [SPEAKER CHANGES] Send forward your amendment the clerk will read. [SPEAKER CHANGES] Senator Rabin would like to move to amend the bill. [SPEAKER CHANGES] Senator Rabin is recognized. [SPEAKER CHANGES] Thank you Mr. President. Ladies and gentlemen this simply changes amends the bill on page 1 line 9, 44 has changed to 45 and on line 14 from changing 45 to 46, thank you. [SPEAKER CHANGES] Further discussion or debate on amendment 3, Senator Gunn for what purpose you ask? [SPEAKER CHANGES] Thank you for recognizing the technical problem Senator Rabin. [SPEAKER CHANGES] Thank you, speaks to the amendment in favor of it. Further discussion or debate on amendment 3? Hearing none, the question for the Senator is the passage of amendment 3 to House Bill 348, all in favor will vote aye, all oppose will vote no, five seconds will be allowed for the voting the clerk will record the vote. Apodaca, Senator Curtis aye, 47 having voted in the affirmative and none in the negative the amendment 3 passes and House Bill 348 is back before this, is there further discussion or debate on House Bill 348? Senator Apodaca for what you ask? [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Senator Gunn, don’t get mad at me but I hate this bill I mean a machine doesn’t take a picture of your car, this is going to take if you got insurance or not… [0:04:57.1] [End of file…]

I know it's way past 1984, but it sounds like we're revolving back. So I'm just, I hate this bill, and Donnie's, God rest your soul. If he has you. I read like cameras too. So I just put this in the same category [SPEAKER CHANGES] Early discussion or debate? ?? What purpose do you rise? [SPEAKER CHANGES] In respect for Donnie. [SPEAKER CHANGES] You have the floor to debate the bill. [SPEAKER CHANGES] I'm not saying in respect to Tom Apocada. I said in respect to Donnie, I'm going to vote against this bill. I hope everybody else votes for it though. [SPEAKER CHANGES] Mr. President. Squarely on the fence. [SPEAKER CHANGES] What purpose do you rise? [SPEAKER CHANGES] Speak to the bill a second time. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Just for clarification, it will read the license plate. Senator Tillman, it will not read in the car when you're going down with somebody sitting beside you in your arm around. They will not be able to see that. So don't worry about things like that. I really do want to do this for the police. We need criminals off the road and don't think it's not a problem. It's a big big problem in my district. And let's give authorities out there a little more coverage so that they can get bad people off the street. Thank you. [SPEAKER CHANGES] For further discussion or debate? [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Mr Jenkins, what purpose do you rise? [SPEAKER CHANGES] To ask the bill sponsor a question. [SPEAKER CHANGES] Senator Gandi, you yield? [SPEAKER CHANGES] Yes, sir, I yield. [SPEAKER CHANGES] Senator Gandi, there's nothing in this bill that would authorize the law enforcement agencies to mail a copy of that license tag to your wife, or anybody that... [SPEAKER CHANGES] I'll tell you what we will do, is if you find that to be the case, and you're specific, I will personally take care of it. [SPEAKER CHANGES] Further discussion or debate? [SPEAKER CHANGES] Senator Dutacov, for what purpose do you rise? [SPEAKER CHANGES] Speak on the bill and to ask Senator Gunn a question. [SPEAKER CHANGES] You want to do the question first or you want to speak? [SPEAKER CHANGES] I think I'll just do a question and not speak on the bill, sir. [SPEAKER CHANGES] Senator Gandi, do you yield? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] Will these cameras take pictures of you if you're on a moped and verify your insurance? [SPEAKER CHANGES] Senator Gunn. [SPEAKER CHANGES] I really have no response. Speechless. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Apocada. [SPEAKER CHANGES] Speak second time on the bill, please. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] It will not now, but hopefully after December 1st, it will. Senator Tucker. [SPEAKER CHANGES] Further discussion or debate? Senator Goulsby, for what purpose do you rise? [SPEAKER CHANGES] Speaking on the bill. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Mr. President, I do have concerns, as stated by Senator Apocada similar to his. We have technology now. We have gunshot detectors on our streets that are able to tell where gunshots are from and monitor what's going on on our streets. We have tons of video cameras all across our state that monitor our highways. So even though this license plate reader might not be able to tell who's in the car, who's driving it, or who's with you. Of course we have cameras and more and more surveillance in our state going up everyday. So far, our state has banned the use of drones at this point. But of course that's another technology that law enforcement has. I would remind the members that crime in our state is actually down 50% since 1974 for the last several decades. We don't have a crime epidemic, even though the news papers might scream about that. I don't think that we need monitoring of our highways by DOT. It is just a small leap for that monitoring of those tags to be able to allow companies to then mail out information and more problems. Will also, I see a number that I've been given by Senator Apocada. 1994, we've seen actually violent crime go down since then, 50%. Overall, crime rate down 50% since 1974. We don't have a crime issue in our state. We do have problems, but they're nothing like they used to be. I oppose this bill. I oppose government surveillance and government monitoring. This is just one more step along the road that we do not need to go down. And I'll be voting against it. [SPEAKER CHANGES] Further discussion or debate? [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Oh. Senator Bryant, what purpose do you rise? [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] I just wanted to let the members know that I'll be objecting to thorough reading so we can look at some kind of provision for spousal protection in tihs bill by tomorrow. I'm just joking, but. [SPEAKER CHANGES] Senator Heist. What purpose do you rise? [SPEAKER CHANGES] Speak to the bill. You have the floor. [SPEAKER CHANGES] Thank you Mr. President. Members of the Senate. I guess sometimes it's just best when you don't know what you don't know. I...

I served as mayor in the town of Spruce Pine before coming here to the General Assembly. I had a constituent come to me with a pretty serious problem we worked with the police on, someone kept breaking in to his tire shop. Something that ?? happened on multiple occasions. So we, with the police department, set up cameras on the road back and forth until their shop got broken in again and fortunately discovered that only one license plate had come down the street during the time when from they closed to when we knew the break-in had occurred. We caught someone who had broken into multiple businesses in the town by having their license plate and looking at that and recording it from a public right of way. I guess it's just good we didn't know we couldn't place it there. We just did it. It was going and we didn't get permission from it, maybe that's how we do things a little more frequently in mountain communities coming forward. But that being said, though, I would like to ask Senator Gunn a question.[SPEAKER CHANGES]Senator Gunn, do you yield?[SPEAKER CHANGES]I yield.[SPEAKER CHANGES]He yields.[SPEAKER CHANGES]Senator Gunn, could you give me a sense of currently where these cameras can and can't be placed and under this bill where and where not these cameras may be able to be placed?[SPEAKER CHANGES]Thank you, Senator Hize. It is currently permitted on city streets and not state right of ways so these cameras are there now being used for these very same purposes. I would like to, and of course now this will be any right of ways that the state has, but one thing I do like that I do want you to be aware of is right now there are no restrictions in place for these readers and because of two amendments now that we do have restrictions on these license plate readers where we did not have those before with the city streets and I think that is a real positive.[SPEAKER CHANGES]Any further discussion or debate?[SPEAKER CHANGES]Mr. President.[SPEAKER CHANGES]Senator Berring, for what purpose do you rise?[SPEAKER CHANGES]To speak on the bill.[SPEAKER CHANGES]You have the floor.[SPEAKER CHANGES]I guess most of you know that what I do as a part time legislator and my full time job is being in the classroom, and just recently we discussed privacy in the classroom and one of the things that I taught the students and we discussed is that in the United States, we do have the right of privacy, but the question becomes do we have a reasonable expectation of that privacy? Now I abhor government intrusion into our lives and intervention. I am a very private person and I was standing what I'm doing now. However, I do not think, and the reason I'm going to be supporting Senator Gunn with this bill was I don't think we have a reasonable expectation of privacy when we're on a public street and for that reason I will be voting for the bill.[SPEAKER CHANGES]Senator McKissey, for what purpose do you rise?[SPEAKER CHANGES]To speak on the bill.[SPEAKER CHANGES]You have the floor.[SPEAKER CHANGES]I think the last remarks made by Senator Gunn about the state and the law today made in my mind the most compelling reason to vote for this bill. Right now, these license plate readers are out there. They're all over the state of North Carolina, particularly in urban areas, without any regulations whatsoever in terms of what that data is that's captured, how that data can be used, whether there are policies by these police departments or law enforcement agencies relating to that data and how long the data can be retained. Now, the amendment which I ran basically covers not just new readers that would go into state right of ways, but would cover all the readers that exist today. And for some reason, this was defeated and there will continue to be no use or regulations of readers already in place today. We need those regulations and to address Senator Bryant's question about the use in civil matters, that same amendment basically says you can't go out there and use it in civil matters unless you happen to be the person whose license plate somebody captured by the result of using one of these readers and criminal charges were brought up against you. If there was an abuse of process, that person can use that data and get to it. Nobody else can get there. If you want to get out there and you're disgruntled about what a spouse has done, you can't get a lawyer or somebody to go out there and just start subpoenaing this data. It avoids those abuses. If it were defeated, for some reason, the bill that we have here, this state of law in North Carolina would be non-existent. Non-existent. We need reasonable use. We need reasonable restrictions. We need reasonable parameters to govern how they are to be used and for that reason, I'm gonna support the bill, because I think it establishes those reasonable parameters. If it was not doing so, I could not. But I think we've gotta come up with a system that works and functions

And give it some time, and see what happens. If we need to come back and revisit this, a second from now, we can always do it, but to leave it out there today, where there are no regulations whatsoever, I think is the worst possible outcome. [SPEAKER CHANGES] Further discussion or debate. [SPEAKER CHANGES] Mister president? [SPEAKER CHANGES] Senator Goolsby, for what purpose do you rise? [SPEAKER CHANGES] Just wanted to speak a second time on the bill, sir. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] I wanted to address Senator Hise's concern. Senator Hise, I understand your concern about being able to use technologies when you have specific threats or specific issues, and in a case like you gave us in your own hometown of Spruce Pine, putting a video camera out to monitor a particular area makes a lot of sense to me. I don't have any opposition to that whatsoever. I'm concerned about continual growth of government intrusion with new technologies, whether it's video cameras, whether it's audio, whether it's these license plate readers, and I'm just concerned that as we continue to go down that road with these tools that law enforcement must have when we don't have a crime issue in our state is just a wrong way to go down. The issue that you described to the Senate is one that would require that kind of technology, I would not be opposed to, but to spread it across the board and to tell me that when I'm operating legally on a road that I paid for as a citizen, I'm gonna be monitored by some nameless, faceless government bureaucrat to see where I am, where I'm going, monitor my whole trip. We've had issues down in Wilmington with that new technology, the Sting Ray that's been used to basically fake a cell tower so that law enforcement can allegedly find certain people, and I've had a lot of questions about that. I just continue to be concerned as someone who cares about our civil rights and someone who fights in the justice system all the time about the continued growth of government intrusion and I'll be opposing the bill. Thank you, mister president. [SPEAKER CHANGES] Further discussion or debate. [SPEAKER CHANGES] Mister president? [SPEAKER CHANGES] Senator Robinson, for what purpose do you rise? [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Ladies and gentlemen, I, I'm very concerned usually about the abuse of power and the intrusion of government too, so I find myself at a strange point, but I say that I'm supporting this because even recently, my police chief called and indicated in a recent situation in Guilford county, had this technology been available, at a ride away, it would have been possible to track down the individual who had committed the crime, and I was aware of that situation. And so I could see the reasoning behind that, I am concerned about continually using technology when I think it's not necessary and abusing power in terms of following people and that kind of thing too. So I'm concerned and I'm kind of in between, but I'm going to support it, because I am aware of a situation, and there are probably some others where the individuals were, who had committed the offenses could have been tracked down and brought into custody had this been available. [SPEAKER CHANGES] Further discussion or debate. [SPEAKER CHANGES] Mister president. [SPEAKER CHANGES] Senator Barefoot, for what purpose do you rise? [SPEAKER CHANGES] Thank you mister president. I share. [SPEAKER CHANGES] You have the floor to speak to the bill. [SPEAKER CHANGES] Thank you. I share Senator Goolsby's sentiments almost exactly. But one of the things I would like to point out about this bill, and quite frankly it's gonna reiterate what Senator McKissick has said, and because of Senator McKissick's amendment, I think we need to support it, and I'll tell you why. Currently, based on the information I've given, been given, the Durham County tax administrator has license plate readers. In my opinion that supports Senator Goolsby's argument. On the other hand, if we shoot down this bill with Senator McKissick's amendment, basically you are going to let them operate unregulated, unlicensed, unregulated by the state with no privacy protections for people. Currently they keep the information up to one year. The Charlotte-Mecklenburg Police Department keeps theirs for eighteen months, many others keep theirs for undesignated times, and so I think that we do need to be mindful. I think that Senator McKissick's amendment to this bill puts in needed privacy protections for, quite frankly, what is an unregulated system of surveillance in the state right now. [SPEAKER CHANGES] Further discussion or debate. Hearing on question for the Senate is the passage for Senate Bill reading of House bill 348. All in favor will vote aye. All opposing will vote no. Five seconds will be allowed.

For the voting. The clerk will record the vote. 29 having voted in the affirmative, and 18 in the negative. House bill 348 has passed at second reading, and will, without objection [SPEAKER CHANGES] Objection. [SPEAKER CHANGES] Bill having been objected to by Senator Brock will remain on the calendar. Notices and announcements. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator McLaurin, for what purpose do you arise? [SPEAKER CHANGES] Thank you very much. Make an announcement. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Very pleased to tell you that my seatmate, Senator Michael Walters is enjoying his birthday today. And although I will not tell you how will he is, I will tell you he is six days older than I am. Happy birthday, senator. [SPEAKER CHANGES] Senator Brown, for what purpose do you arise? [SPEAKER CHANGES] Have an announcement. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Republicans will caucus immediately after session. [SPEAKER CHANGES] Senator Blue, for what purpose do you arise? [SPEAKER CHANGES] An announcement. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Democrats will caucus at 10:00 AM in the morning. [SPEAKER CHANGES] Is there further business to come before the senate? [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Rucho, for what purpose do you arise? [SPEAKER CHANGES] Make an announcement. There will be a finance committee meeting tomorrow morning, and we're setting the time as we speak and trying to get the location. So it will be notice to everyone. Pay close attention. [SPEAKER CHANGES] Further notices or announcements? [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Apodaca, for what purpose do you arise? [SPEAKER CHANGES] Announcements. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Members of the insurance committee, we will have our first meeting in quite some time, I don't know if we've had one in short session. Tomorrow morning at 8:30 in 643. And that will be followed immediately at 9:00 by the continuation of the rules committee from this morning dealing with the Medicaid reform issue and any additional bills that come forth. So, watch you computers. Thank you. [SPEAKER CHANGES] Are there further notices are announcements? Is there further business to come before the senate? If not, the chair recognizes senator Pate for a motion. [SPEAKER CHANGES] Hold on a minute, and I'm sorry senator Pate. Mr. President, let me correct [SPEAKER CHANGES] Senator Apodaca is recognized. [SPEAKER CHANGES] Thank you Mr. President. It is not insurance, it's pensions and retirement. Something I need to take advantage of right now. But it is at 8:30. Thank you. [SPEAKER CHANGES] Further business before we get to senator Pate? Hearing none, senator Pate is recognized. [SPEAKER CHANGES] Thank you Mr. President. I move that the senate do now adjourn, subject to messages from the house, the governor, the referral and re-referral of bills and resolutions, receipt and referral of committee reports, the receipt of conference reports, the ratification of bills, and the apointment of conferees to reconvene on Thursday, July 17th, 2014 at 10:30 AM. [SPEAKER CHANGES] The motion is that the senate do now adjourn, subject to the stipulations stated by Senator Pate, to reconvene on Thursday, July 17, 2014 at 10:30 AM, seconded by senator Allran. All in favor, say aye. All opposed no. The ayes have it, and the senate stands adjourned.