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Senate | August 15, 2014 | Chamber | Senate Session

Full MP3 Audio File

[NOISE] Senate will come to order. Sergeant at arms will close the door. Members go to their seats. Members and guests in the gallery, please silence all electronic devices. Leading the Senate in prayer is the Reverend Peter Milner, Senate Chaplain. All members and guests in the gallery, please stand. [SPEAKER CHANGES] Please pray with me. Oh Lord, you have known me and you have searched me. You know when I sit down and when we rise up. You discern our thoughts from afar. Before a word is on our tongues or a thought on our minds, you know it. May these public servants know your joyous and patient presence. Seeing in that your love for them, your abiding presence and your mercy. May they ever walk humbly before you in a manner worthy of the Lord. May they be strengthened from their innermost being with all power according to your purposes. In Jesus’ name I pray, Amen. [SPEAKER CHANGES] Senator Berger, or Senator Apodaca is recognized for a motion. [SPEAKER CHANGES] Mr. President, the journal of Thursday August 14, 2014 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. [SPEAKER CHANGES] Without objection, the journal for August 14, 2014 stands approved as written. Senators, we have leaves of absence granted today with your approval for Senators Allran, Bingham, Cook, Daniel, J Davis, Foushee, Jenkins, Parmon, Pate, Robinson, Tucker and Woodard. Ratification of bills. The clerk will read. [SPEAKER CHANGES] ?? The following bill was duly ratified and properly enrolled, prepared to be presented to the office of the Secretary of State. Senate Bill 884, an act to appoint persons to various public offices upon recommendation of President pro tempore of the Senate and the Speaker of the House of Representatives and to appoint a member of the Board of Directors for the North Carolina partnership for children, upon the recommendation of the majority and minority leaders of the House of Representatives. [SPEAKER CHANGES] Senators, we also have an excused absence for Senator Graham. [PAUSE] Do we have any conference reports this morning? [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Wade, for what purpose do you rise? [SPEAKER CHANGES] To send forth a conference report. [SPEAKER CHANGES] Senator, you can send forward your report. The clerk will read. [SPEAKER CHANGES] Conference Report, Senate Bill 734. The president of the Senate, the speaker of the House of Representatives. The conferees appointed to resolve the differences between the Senate and the House of Representatives on Senate Bill 734, a bill to be entitled an act to provide further regulatory relief to the citizens of North Carolina by providing for various administrative reform by eliminating certain unnecessary or outdated statutes and regulations in organization of simplifying cumbersome or outdated regulations, and by making various other statutory changes. [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Mr. President, move that Senate, Conference Report on Senate 734 Regulatory Reform Act 2014 be placed on the end of today’s calendar. [SPEAKER CHANGES] Without objection, so ordered. Do we have any other conference reports? With that, we’ll be moving right into the calendar. Senate Bill 734 [LAUGHTER], the clerk will read. [SPEAKER CHANGES] Senate Bill 734, Regulatory Reform Act of 2014. [SPEAKER CHANGES] Senator Wade is recognized. [SPEAKER CHANGES] Thank you, Mr. President. This conference report contains provisions that have been passed through both the Senate and the House. The only thing new that this body has not seen is two technical provisions that were added. But every

anyone had a chance last night to look over what was going to be in it. Also, this morning, I made sure that everyone received a copy of the conference report, and I've spent the last 30 minutes discussing this with the leadership from the democratic caucus. So, I hope we're all in agreement to support this, I think this is an excellent conference report, and working with the House with it, I think we've come up with some provisions here, they're gonna help industry and help us move forward in this state, and I would appreciate your support. [SPEAKER CHANGES] Senator Wade asked for your support, is there any further discussion or debate? Hearing none, the question before the Senate is the motion to adopt the conference report for Senate Bill 734. There will be one electronic vote, all in favor vote aye, opposed will vote no, 5 seconds will be allowed for the voting and the clerk will record the vote. 35 having voted in the affirmative and 1 in the negative, the conference report for Senate Bill 734 is adopted and the House will be notified. That concludes our calendar, do we have any notices or announcements? [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Gunn, for what purpose do you rise? [SPEAKER CHANGES] Moment of personal privilege out of order. [SPEAKER CHANGES] Senator Gunn, this is the perfect time to do it so- you have the floor. [SPEAKER CHANGES] I see, good, thank you, Mr. President. My dear friend today is celebrating a birthday, Senator Ralph Hise is 38 years old, I'd like to take a second to try to put that in perspective a little bit. Do you know that Ralph was 4 years old when Senator Allran began to serve up here at the North Carolina Legislature? [LAUGHTER] And I would say Senator Hunt, that you probably can't even remember being, when you were 38 years old, but then again you don't really remember that much of anything these days. [LAUGHTER] And I just think it's great that he's up here serving, he's a great guy, he has a great family, good family man, one of the finest people I've ever met, and a dear, dear friend, and before we all give him a round of applause for being 38, I would like to note if Senator Tillman would yield for a question? [SPEAKER CHANGES] Senator Tillman, do you yield? [SPEAKER CHANGES] I certainly will not. [LAUGHTER] Well, on second thought I will, because it'll be better than him speaking, I'll take his question. [SPEAKER CHANGES] Well Senator Tillman, I was wondering, could you verify that in fact you have several pairs of shoes that are older than Senator Hise? [LAUGHTER] [SPEAKER CHANGES] Yes, I wore the shoestrings out on 'em, but I still have the shoes, yes. [SPEAKER CHANGES] Thank you, Senator Hise, happy birthday to ya, you're a dear friend and colleague, and we're just glad you're up here. Happy birthday. [APPLAUSE] [SPEAKER CHANGES] Senator Tillman, for what purpose do you rise? [SPEAKER CHANGES] A moment of personal privilege. [SPEAKER CHANGES] Senator, you have the floor. [SPEAKER CHANGES] I'm gonna recollect something happened early on in your time here, and you've not been here long, I've got grandchildren almost your age and I've got children much older than you. But early in the session, you looked like a sort of a big old doughboy, mountain guy that maybe was sort of on the dull side, and Senator Stein thought so. I know that one of the fine moments that I have is when Senator Stein first took you on and it dealt with some numbers, and some math equations and got into things that were certainly over my head. But Senator Stein wasn't happy with that first time, and you all recommend about a week later, he tried him, one more time, starting to ask you various questions, pointed questions, lawyerly Harvard-type questions that, pretty good questions. But Senator Hise, I think you grew up a lot, and I think Senator Stein learned a lot, I've not really seen a whole lot of pointed questions to you, and you're only 38 years old! I'm amazed at that, but that's some fond memories I will take from here, Senator Stein, and you helped with those, thank you. [LAUGHTER] [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Stein, for what purpose do you rise? [SPEAKER CHANGES] To ask Senator Tillman a question. [LAUGHTER] [SPEAKER CHANGES] Senator Tillman, do you yield? [SPEAKER CHANGES] I would love to. [SPEAKER CHANGES] This question is really directed to Senator Hise, but I've learned I don't ask Senator Hise, I only ask people who I am confident cannot give a good answer

You gonna pay for this one. You gonna pay. Senator Tillman, well you have a good adjournment. Thank you very much. [SPEAKER CHANGES] See folks, he didn’t want to try me either. [SPEAKER CHANGES] All right. Senator Burger, ?? [SPEAKER CHANGES] Mr President, before this gets out of hand I would like to make a motion. [SPEAKER CHANGES] Senator you have the floor for your motion. [SPEAKER CHANGES] I move that the Senate now recess subject messages from the House and the Governor, the referral re-referral of bills and resolutions, the receipt of conference reports and the appointment of conferees to reconvene today at 11am. [SPEAKER CHANGES] Senate will stand in recess until 11am this morning. Senate will come to order. Sergeant at arms close the doors. Members go to your seats. Members of guests to the gallery, please silence all electronic devices. Senator Burger is recognized for a motion. [SPEAKER CHANGES] Thank you, Mr. President. At this time we need to go into another recess until 12:30. And I think at that time, during that recess I’d like to make an announcement, Republicans will call ?? in the recess. [SPEAKER CHANGES] OK so senators we will stay at recess until, or go back into recess until 12:30. 12:30. Senate will come to order. Sergeant at arms close the doors. Members go to your seats. Members of guests to the gallery, please silence all electronic devices. Senator Burger is recognized for a motion. [SPEAKER CHANGES] Thank you, Mr. President. If I could, before I make the motion if I could just make a short announcement. And I know it’s a near empty chamber, and hopefully someone is listening that wil hear this but there are 5 people that I have failed to recognize for their service to members of the senate over the years and I just want to make sure that I did it in an open meeting. A number of our staff folks or LA’s are retiring and I just wanted to say that the Senate thanks them for their service. Gail Bishop who has been an LA for Senator Jenkins. Kathy Davis for Senator Hunt. Carol Goodan for Senator Apodaca. Tracy Hines for Senator Clark, and Carolyn or Carol Walker for Senator Allran. We thank them for their service and I apologize for the fact I didn’t do it at a time when either they were or we had more people in the chamber, but I wanted to make sure that it was taken care of. [SPEAKER CHANGES] Tank you, Senator. If you would, before you make your motion, I just want to mention the other absences we have for the day here in the chamber. Senators we also have excused absences now for Senator McKissick, Senator Stein, Senator Van Dein, Senator Tarte and Senator Gunn. Senator Burger, you’re recognized for your motion. [SPEAKER CHANGES] Thank you, Mr. President. Members we are going to recess to a skeletal session at 5:00 today, at that skeletal session we will, if necessary, ratify any bills or resolutions, hopefully the adjournment resolution that the House passes today. If the House does not pass an adjournment resolution that we can ratify this afternoon, we will at 5:00 today recess or adjourn to Monday for another skeletal session. Our plan is to have skeletal sessions until the House passes one of the 3 adjournment resolutions we sent to them. As you know that could change and we will obviously keep you updated if it does change. But with that, Mr. President, I move that the Senate now recess subject to messages from the House and the Governor, the referral and re-referral of bills and resolutions, the receipt of conference reports and the appointment of conferees and the ratification of bills, to reconvene today at 5:00 [SPEAKER CHANGES] Motions the Senate do stand in recess until 5 pm subject to the stipulations stated by Senator Burger. Sergeant at Arms will close the doors, members will go to their seats. Is there further business to come before the Senate? If not the chair recognizes Senator Rucho for a motion. [SPEAKER CHANGES] Mr. President I move that the Senate now recess subject to messages from the House and the Governor, the referral and re-referral of bills and resolutions, the receipt of conference reports and the appointment of conferees and the ratification of bills, to reconvene on Monday August the 18th 2014 at 4pm. [SPEAKER CHANGES] Seconded by Senator Blue. All in favor say aye.

All opposed no, the ayes have it, the Senate stands adjourned. Ratification of bills, the clerk will read. [SPEAKER CHANGES] The enrolling clerk reports the following bills duly ratified for presentation to the Governor. Senate Bill 734, an act to provide further regulatory relief to the citizens of North Carolina by providing for certain administrative reforms by eliminating certain unnecessary or outdated statutes and regulations and modernizing or simplifying cumbersome or outdated regulations or making other statutory changes. House Bill 1086 an act to establish the North Carolina South Carolina rail compact.