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Senate | February 4, 2015 | Chamber | Senate Session

Full MP3 Audio File

Relating to the unemployment insurance program and ?? enhancement drop to ?? of the state's business intelligent data analysis as recommended by the joint legislative oversight committee on unemployment insurance. Sponsors Senator Rucho, Clark and Tucker. Referred to rules operation of the Senate. Senate Bill 16, a bill to be entitled an act to amend the unemployment insurance law as recommended by the joint legislative oversight committee on unemployment insurance. Sponsor Senator Rucho, Clark and Tucker. Refer to rules and operations of the Senate. Senate Bill 17, a bill entitled an act to ratify past unemployment insurance appeals decisions and to amend the ?? process for the board of review and create ?? terms for the members of the board of review as recommended by the joint legislative oversight committee on unemployment insurance. Sponsors Rucho, Clark and Tucker. Refer to rules and operations of the Senate. Senate Bill 18, a bill to be entitled an act to limit the tax exemption and retirement plan distribution rolled over into a qualifying tax exempt ?? daily retirement account recommended by the revenue law study committee. Sponsor Senators Rabin, Rucho and Tillman. Refer to rules and operations of the Senate. Senate Bill 19, an act to make technical and clarifying changes to various revenue laws as recommended by the revenue law study committee. Sponsors Rabin, Rucho and Tillman. Refer to rules and operations of the Senate. Senate bill 20, an act to update the reference to the internal revenue code and to ?? from certain provisions of the ?? an act of 2014. Sponsors Senators Rabin, Rucho and Tillman. Referred to rules and operations of the Senate. Senate Bill 21, an act relating to the tenth senatorial district. Sponsor Senator Jackson. Referred to rules and operations of the Senate. Senate Bill 22, an act to ensure respectful treatment of North Carolina's flag and American flag at state agencies and other political subdivisions of the state. To establish a division of veterans affairs, and a clearinghouse for the disposal of worn, tattered or damaged flags and transfer the custody of certain historic documents in the possession of the office of Secretary of State to the Department of Cultural Resources and to facilitate public opportunity to view these documents. ?? Senator Soucek, ?? J Davis, Referred to rules and operations of the Senate. Senate Bill 23, an act to expand the sales tax exemption from repair parts and accessories sold to an interstate business. Sponsor Senator Gunn. Referred to rules and operations of the Senate. Senate Bill 24, an act to allow distillery permit holders to sell spiritual liquors distilled on premises to visitors of the distiller for the consumption of ?? and to expand lists of places in which spirits and liquor tasting may be held. Sponsor Senator Gunn. Referred to rules and operations of the Senate. Senate Bill 25, an act to clarify when a county or municipality may enact zoning ordinances related to design and aesthetic control. Sponsors Senators Gunn, Apodaca, Tarte. Referred to rules and operations of the Senate. Senate Bill 26, an act related to the 43rd Senatorial District. Sponsor Senator Harrington. Referred to rules and operations of the Senate. Senate Bill 27, an act requiring diabetes screening during the well child visit at specific age intervals. Sponsor Senator Smith. Referred to to rules and operations of the Senate. ?? from the House. Mr. President, it is ordered that the message be sent to the Senate informing that honorable body that pursuant to our proclamation issued by Governor ?? February 3, 2015, George Robinson has been administered the oath of office as a member of the House of Representatives for the remainder of the 2015-2016 General Assembly. Representative Robinson has been seated to fill the vacancy created by the resignation of Representative Edgar B. Starnes from the 87th District. Respectfully, ?? Principal Clerk.

?? Sergeant at arms, close the doors. Members will get 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 will please stand. [SPEAKER CHANGES] Let us pray together. Almighty God, as we enter into your presence we are reminded of your goodness, your majesty, you're the giver of every good and perfect gift. Who shall climb the mountain of the Lord? Who shall stand in the holy place? The man with clean hands and pure heart, who desires not worthless things. Who has not sworn so as to deceive his neighbor. And so this is our prayer, Lord Jesus, that your glory, your light will keep us from deceiving our neighbor, that your glory and light will transform us into people that long to serve our neighbor in truth and righteousness. In Jesus' name I pray, Amen. [SPEAKER CHANGES] Senator Berger is recognized for a motion. [SPEAKER CHANGES] Thank you, Mr. President. I was looking for my note. The journal for Tuesday February 3, 2015 has been examined and found to be correct. I move that we dispense with the reading of the journal and that it stand approved as written. [SPEAKER CHANGES] Without objection, the journal for February 3, 2015 stands approved as written. Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Actually Mr. President, I was just sitting down. [SPEAKER CHANGES] Senator Apodaca has the floor for a motion. [SPEAKER CHANGES] Okay. Mr. President, I move that the Senate now stand in recess, subject to the standard stipulations set forth in Rule 24.1 and messages from the House, to reconvene at 4:30. [SPEAKER CHANGES] Without objection, the Senate will stand in recess until 4:30. Senator Brown, for what purpose do you rise? [SPEAKER CHANGES] Republicans will caucus during recess. [SPEAKER CHANGES] We're in recess. [PAUSE] Senate will come to order. Sergeant at arms, close the doors. Members go to their seats. Members and guests in the gallery please silence all electronic devices. Senators we have leaves of absence today granted for Senator Bingham. We do have one item on our calendar today. Public Bill, second reading, Senate Bill 14. Clerk will read. [SPEAKER CHANGES] Senate Bill 14, an act to ?? standards, rules review, coal ash funds. [SPEAKER CHANGES] Senator Brown is recognized to speak to the bill. [SPEAKER CHANGES] Thank you, Mr. President. I think I'd refer this as a cleanup bill. It's really three parts to the bill and I'll try to briefly go over them. The first part transfers $100,000 from the State Board of Education to the Office of Administrative Hearings to provide for litigation costs of the recently filed lawsuit against the Rules Review Commission. The second part transfers $275,000 from Department of Public Construction to the Department Administration to cover the cost of the Academics Standard Review Commission. This section also includes some transparency provisions, such as putting out handouts and agendas on website, and live streaming of the commission meetings. And finally the final piece of the bill fixes a timing issue with the way the Coal Ash Commission gets their money. Due to the timing of the Duke receipts coming in, the Coal Ash Commission will not have the money it needs to operate between now and the end of the year. So this will adjust the appropriations language to account for this by giving the Coal Ash Commission the money it needs to hire staff and perform other operations that are needed of the Commission. That's pretty much what the bill does, and I will try to answer any questions. [SPEAKER CHANGES] Do we have any discussion or debate? Hearing none, the question before the Senate is the passage of [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator McKissick, for what purpose do you rise? [SPEAKER CHANGES] Speak on the bill. [SPEAKER CHANGES] Senator McKissick has the floor to speak to the bill.

This bill is one of those where you can prop, so we find some good. And it's likewise one where you can see where perhaps some of the things which you can take with the editor in my opinion are somewhat misguided. One of the provisions here that gives me concern is the specific provision where they talk about us spending money to go out and find qualified experts on academic standards that will be used in alternative to Common Core Standards. Now, that disturbs me and it disturbs me because when it comes to these Common Core Standards we have 50 states in the United States and what we had were 48 of the 50 states coming together to develop Common Core Standards. What we had were the National Governors Association coming forth with the association composed of the superintendents of education throughout the 50 states to deliberate and come up with standards. They employed best practices from all of the states to see what needed to be done. They talked to school administrators. They talked and employed experts of their own to help develop those Common Core Standards and when utilizing all of those resources right now we have 43 states in the District of Columbia which have approved them. I hate to see us spending and wasting money powering more experts to go back and do the same thing. For that reason I cannot support this Bill. I don’t want to see us continue wasting good hard-earned and taxpayer dollars to go out and rethink or redo something that’s already been done collectively, that's been embraced by 43 states and when they develop them, they looked at internationally what it would take to compete, to have our students compete. The top countries around the world when it came to their graduates, we need to think about what we are doing here. We need to be careful, we need to deliberative and that provision of this Bill gives me heartburn, the extent to which I cannot support the Bill. [Speaker Changes] Mr. President? [Speaker Changes] Senator Tillman, for what purpose do you rise? [Speaker Changes] Speak on the Bill. [Speaker Changes] Senator Tillman has the floor, speak to the bill. [Speaker Changes] Senator McKissick, maybe you were absent last year when we passed the bill, eliminating the Common Core. That bill has passed. And during that we set up a standards commission to have higher and better standards for North Carolina and not be dictated by national set of standards. Now, your 43 and your 48 are both wrong on states that are now doing Common Core. For most liberal state one of the most in the whole US of A was State of Washington. Democrat controlled legislature has now agreed as did the Republicans a year ago in that same state and the Democrats have done the same thing. Said, we don’t want any more of Common Core. Now, they lay common to the table, but that State will eliminate Common Core. We fought this battle and you lost. That Bill passed. Now we go set up our own standards commission of experts and I fully believe North Carolina can do this better and have higher standards and more appropriate standards. There is nothing magical about a set of standards and nobody said they were all perfect. They are not. That's why we are paying the Standards Commission to look into this with experts and to come up with our own North Carolina standards. That's simply all we are doing. [Speaker Changes] Mr. President. [Speaker Changes] Senator McKissick, for what purpose do you rise? [Speaker Changes] Speak a second time on the bill. [Speaker Changes] Speaker McKissick, has the floor, speak a second time on the bill. [Speaker Changes] The data relating to the 43 States of District Columbia is available right now on a website dealing with Common Core as of 25 minutes ago. Now, it may be incorrect but it's certainly put out there by the entity or organization that supports Common Core throughout this country. So as the accuracy of that data, it seems to have come from a very authoritative source and then I can’t help believe that it is accurate. Notwithstanding bills and legislation we passed last year, notwithstanding the lack of wisdom they are doing so, why go out and spend more money unless we are going to try to lower the standards. Not when our students be able to compete, I want our students to thrive. I want them to reach the highest potential. I don’t want to lower the bar. [Speaker Changes] Senator Tillman, for what purpose you rise? [Speaker Changes] Speak a second time. [Speaker Changes] Senator Tillman, has the floor, speak a second time. [Speaker Changes] Senator McKissick this was about partisan bill and this is not a partisan issue. It's about who sets our standards. If you want a conglomerate of states to do that, you are entitled to that belief. We don’t think that way and the bill that we passed, exactly puts it back in our hands where it ought to have been all along. That's all with that. [Speaker Changes] Any further discussion or debate? Hearing none, question for the senate, is the passage of Senate Bill 14 on a second reading?

All in favor vote aye. Opposed vote no. Five seconds will be allowed for voting and the clerk will record the vote. Waddell, Clarke, aye. Wadell, no, Clarke aye. 37 having voted int eh affirmative and 11 in the negative. 38 having voted in the affirmative and 11 in the negative. Senate Bill 14 passes its second reading and without objection will be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, the question before the Senate is the passing of Senate Bill 14 on its third reading. All in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed, no. The ayes have it. Senate Bill 14 passes its third reading. It will be sent to the House. We do have a nurse of the day with us today. Our nurse of the day is Clifton Singleton of ?? North Carolina. Nurse Singleton, if you'll please stand and be recognized. Thanks for joining us in the Senate today. [APPLAUSE] Do we have any notices or announcements? Senator Berger, for what purpose do you rise? [SPEAKER CHANGES] An announcement. [SPEAKER CHANGES] Senator Berger has the floor for an announcement. [SPEAKER CHANGES] Thank you Mr. President. Members of the Senate, as you know today is the day for the State of the State address, and we will in just a few minutes be announcing that we'll be coming back at 6:25 but before we do that, Mr. President I want to announce, members of the Senate to serve with a committee of the House to be the escort foray to this evening's joint session. Those members are Senator Harry Brown as a chair, Senator Dan Blue, Senator Kathy Harrington, Senator Bob Rucho, Senator Jerry Tillman, and Senator Terry Van Dyun. [SPEAKER CHANGES] Thank you Senator. Do we have any other notices or announcements? Senator Tillman, for what purpose do you rise? [SPEAKER CHANGES] For a moment of personal privilege, Mr. President. [SPEAKER CHANGES] Senator Tillman has the floor for a point of personal privilege. [SPEAKER CHANGES] Now many of you are not qualified to speak on what would make 50 years of wedded bliss because you haven't been married that long. Now there are a few of you that have. I've been married, my wife and I, for 51 years. I finally, bless her! [APPLAUSE] I finally figured out, and I seldom share deep wisdom with you, but I think this I must share with you. I figured out what it takes to have 50 years of wedded bliss. Now you've got to think all along during your marriage, on the 25th you want to do something real nice for your wife. Take her to Alaska. On the 50th you go back and get her. [LAUGHTER] [SPEAKER CHANGES] Don't anybody pay attention to Senator Tillman's wisdom on marriage. [LAUGHTER] [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Barringer, for what purpose do you rise? [SPEAKER CHANGES] To make an announcement. [SPEAKER CHANGES] Senator Barringer has the floor for an announcement. [SPEAKER CHANGES] Actually, a moment of personal privilege. [SPEAKER CHANGES] You have the floor, Senator. [SPEAKER CHANGES] Two years ago I spoke on the floor for the first time, and I understand that my voice even cracked. Well today I do so with great confidence and the reason for this is to wish Senator Curtis a very happy 21st birthday. So happy birthday, Senator Curtis. Thank you very much for my opportunity to speak two years ago and you had no idea what that would get started. [SPEAKER CHANGES] [APPLAUSE] Any further notices or announcements? Is there any further business to come before the Senate? If not, the Chair recognizes Senator Berger for a motion. [SPEAKER CHANGES] Thank you Mr. President this is a motion to recess. Mr. President, I move that the Senate now stand in recess, subject to the standard stipulations set forth in Rule 24.1, and messages from the House, to reconvene at 6:25PM. [SPEAKER CHANGES] The motion is that the Senate do now stand in recess, subject to the standard stipulations and messages from the House, to reconvene today at 6:25PM. ?? That's what I said.