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Senate | March 5, 2015 | Chamber | Senate session

Full MP3 Audio File

Senate will come to order. Sergeant at Arms will close the doors. Members will 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. Members and guests in the gallery please stand. [SPEAKER CHANGES] Let’s pray. Lord, sometimes we just need to look at scripture because words that we have don’t express the depth of your heart, so we come and we read Psalms 71. The God from our youth you have taught us. You still proclaim your wondrous deeds, so even to old age and grey hairs, oh God, do not forsake me, and so I proclaim your might to another generation. Your power to all those to come. Your righteousness, oh God, reaches the high heavens. You have done great things, oh God. Who is like you? You who have made me see many troubles and calamities and revived me again in the depths of the earth, you who bring me up again. And so we pray these things over this body in the name of Jesus. Amen. [SPEAKER CHANGES] Amen. [SPEAKER CHANGES] Senator Apodaca is recognized. [SPEAKER CHANGES] Mr. President, the journal of Wednesday, March 4, 2015 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 March 4th stands approved as written. Senators we have leaves of absence granted today for Senators Curtis and Tucker and we do have a nurse of the day with us today. Our nurse is Sharonda Boykin of Fayeteville, NC. Nurse Boykin, if you’ll stand and be recognized. We thank you for serving the Senate today. [applause] Senators, by the motion of Senator Chad Barefoot of Wake County, the Chair is happy to extend the courtesies of the gallery to the North Carolina school counselors. If you’re with us today please stand and be recognized. Thanks for joining us. [applause] [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Tillman, for what purpose do you rise? [SPEAKER CHANGES] A moment of personal privilege out of order please. [SPEAKER CHANGES] Senator Tillman, you have the floor for a moment of personal privilege out of order. [SPEAKER CHANGES] Thank you, sir. These school counselors up here I found out today with a nice visit from them, three of them have been recognized as counselor of the year. The counselors have been to the White House, have been to the gala and the ball and are nationally recognized, so I would like for those three to stand again, Mr. President, with your permission. [SPEAKER CHANGES] Please do, Senator. [SPEAKER CHANGES] There they are. North Carolina has three. [applause] [SPEAKER CHANGES] Thank you Senator. I’ll take us right in to our calendar for today. We have two items on our calendar, public bills. Senate Bill 37, the clerk will read. [SPEAKER CHANGES] Senate Bill 37, Waive tuition fallen officer with guardian. [SPEAKER CHANGES] Senator Smith is recognized to speak to the bill. [SPEAKER CHANGES] Thank you, Mr. President. This bill is essentially a technical correction from a bill previously passed by the General Assembly, GS 115 B2 which provides that free tuition at the colleges and the university system or community colleges for any police officer or firefighter or rescue personnel that was killed in the line of duty. To give you a little background for why this bill, a couple of years ago in Lumberton, a Lumberton Police Officer Jeremiah Goodson was shot and killed in the line of duty. A tragic event, devastating to the community. At the time he was killed, he and his wife were raising a child that they had custodial

Guardianship for. It was actually his wife’s cousin’s child who had decided for some reason she could no longer raise her child. The Goodson’s stepped in to take this child as their own, got a court ordered custodial guardianship and were raising this son as their own child. Last year the child graduated from high school and applied for college, was admitted and was trying to get free tuition under this bill and was turned down because it says in the original bill parent, it did not allow for a legal guardian or a custodial guardian, and that is why I’m asking that you support this bill to help not only Officer Goodson’s child but any future situation that might arise like this. Thank you. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Tillman, for what purpose do you rise? [SPEAKER CHANGES] To ask the good Senator a question. [SPEAKER CHANGES] Senator Smith, do you yield for a question? [SPEAKER CHANGES] I yield. [SPEAKER CHANGES] I didn’t want you to get away this quick and this easy on the first bill out of Education. I’ve got all mine still bottled up with Senator Apodaca. The first bill, not only to be heard by the Education Committee, but to be passed by members of the democratic party. I am tired of hearing Stein and. [SPEAKER CHANGES] Senator Tillman, do you have a question for Senator Smith. [SPEAKER CHANGES] Yes, I do, sir, and I’m going to get to it. [SPEAKER CHANGES] Senator Tillman, get to your question. [SPEAKER CHANGES] Some questions are so good you’ve got to preliminary them. [SPEAKER CHANGES] I want to know how it feels to be a member of the minority party to have the first bill heard and passed, will pass, by this body. [SPEAKER CHANGES] It feels wonderful and I certainly appreciate that if everybody will pass it. [SPEAKER CHANGES] That shows you what can be done. Thank you. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Apodaca for what purpose do you rise? [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] Senator Apodaca has the floor to speak on the bill [SPEAKER CHANGES] I really want to thank Senator Smith for bringing forward this good legislation and maybe when she has the time she can work with Senator Tillman to show him what good legislation looks like. [SPEAKER CHANGES] Do we have any discussion or debate? Any discussion or debate? Hearing none, the question before the Senate is the passage of the Committee Substitute to Senate Bill 37 on its second reading. All in favor will vote aye, opposed will vote no. Five seconds will be allowed for the voting. The clerk will record the vote. Bryant, Bryant, aye. Hise, aye. Lee, aye. Bryant was aye. 48 having voted in the affirmative and 0 in the negative, the Committee Substitute to Senate Bill 37 passes its second reading and without objection will be read a third time. [SPEAKER CHANGES] The North Carolina General Assembly Enacts. [SPEAKER CHANGES] Any further discussion or debate. Hearing none, the question before the Senate is the passage of Committee Substitute to Senate Bill 37 on its third reading. All in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed, no. The ayes have it. Committee Substitute to Senate Bill 37 passes its third reading and will be sent to the House. We have one bill on our calendar for concurrence, Senate Bill 14, the clerk will read. [SPEAKER CHANGES] Senate Bill 14. Academic standards, rules review, coal ash funds. [SPEAKER CHANGES] Senator Brown is recognized to speak to the bill. [SPEAKER CHANGES] Thank you, Mr. President. As you may expect, the House has sent this bill back to us with a few changes. I’ll just briefly touch on them. The House deleted the provision funding the defense of the Rules Review Commission on the grounds that the lawsuit is all but resolved and that’s not necessarily the case, so we have a problem there. Also the House changed the sources of funds that the State Board of Education can draw on to fund the $275,000 needed for the Academic Standard Commission. There’s a provision on the Dam Safety provision that I think we all can agree with. The House made a change to the composition of the Economic Development Partnership Board I think we all can live with. There’s a provision that the House included that has a solution to the Health Information Exchange Funding that needs some work, I think, in our opinion, and finally the House added a requirement that the state auditor to conduct a performance audit of County Department of Social Services on Medicaid eligibility that there’s some question about as well, so because of a few problems I would ask that you not concur so we can continue to work on this bill. [SPEAKER CHANGES] Senator Stine, for what purpose do you rise? [SPEAKER CHANGES] To see if Senator Brown would yield for a question. [SPEAKER CHANGES] Senator Brown, do you yield? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] Senator Brown, thank you for that explanation. What was your opinion of the changes that they made on the Dam provisions

since the action planned does seem like constructive. . . SPEAKER CHANGES They all--we agree with those, I think we're okay with those. SPEAKER CHANGES Thank you. SPEAKER CHANGES Any further discussion or debate? Senator Waddell, for what purpose do you rise? SPEAKER CHANGES To speak to the bill. SPEAKER CHANGES Senator Waddell has the floor to speak to the bill. SPEAKER CHANGES I just want to clarify some points that are in the bill. This can be a bad bill or it can be a good bill. I previously voted no because I did not think that any money should be taken from the Department of Public Instruction in any way, shape, or form. I have a 30-year career in education and I understand the financial needs of the Department of Public Instruction. I believe the funding cut would deter the Department of Public Instruction from accomplishing its mission of providing educational services to teachers, students, and administrators. Further, in this piece of legislation, we're dealing with a lot of things--academic standards review commission expenses, the Economic Development Partnership Board, co-ash management appropriations, clarification of engineers, and the extension of emergency action plans for dams not associated with co-ash residuals surface empowerment. A lot of things in one bill. Also, the bill requires a performance audit by the state auditor of Medicaid eligibility determination by counties. I want to know is this economically feasible to provide the most accurate determination of the counties' performance with Medicaid. And further, when we want to think about that, we want to make sure that we are not setting up something to prevent people from wanting to apply for Medicaid. In addition, the bill makes the $2 million appropriation for DHHS for health information exchange non-occurring. If we continue to reduce funding in DHHS, it may become nonfunctional. So those are some concerns that I have about the bill. SPEAKER CHANGES Do we have any further discussion or debate? Senator Tillman, for what purpose do you rise? SPEAKER CHANGES To speak on the bill. SPEAKER CHANGES Senator Tillman has the floor to speak to the bill. SPEAKER CHANGES I don't know much more important work than setting an academic standards review commission to make our standards the best in the nation. I don't know a more appropriate place to take it than DPI. Now before you totally fall in love with DPI, I will remind you they've got hundreds of employees over there; average salary of $78,000 a year. We've got teachers of average salary of just a little better than $40,000 a year. The DPI people, as far as I know, don't teach a single child, and all of our thousands of teachers, they teach children every day. We didn't want to take it from the classroom, and if you've got a better idea of where we ought to take it, you ought to try to get it in the bill. SPEAKER CHANGES Senator Apodaca, for what purpose do you rise? SPEAKER CHANGES To speak on the motion. SPEAKER CHANGES Senator Apodaca has the floor to speak to the motion. SPEAKER CHANGES Thank you. SPEAKER CHANGES Thank you, Senator. SPEAKER CHANGES Thank you, Mr. President. Folks, this is a motion to concur. We're all going to have time to talk about the finished product when it comes out. SPEAKER CHANGES Thank you, Senator. SPEAKER CHANGES I'd like to get home sometime today. Thank you, Mr. President. SPEAKER CHANGES Thank you, Senator. We do have a motion before us, and the motion before us from Senator Brown is that we do not concur in the House Committee Substitute to Senate Bill 14. So the question for the Senate is the motion to concur in House Committee Substitute to Senate Bill 14. We'll have one electronic vote. All in favor will vote aye, opposed will vote no. Five seconds will be allowed for the voting. The clerk will record the vote. Smith Ingram. Smith Ingram Waddell. No, Waddell. Up or down thumb, Waddell? No? One having voted in the affirmative and 47 having voted in the negative, the Senate does not concur in the House Committee Substitute to Senate Bill 14, and the House will be so notified. Senators, that does conclude our calendar for the day. SPEAKER CHANGES Mr. President? SPEAKER CHANGES Senator Rucho, for what purpose do you rise? SPEAKER CHANGES To make an announcement. SPEAKER CHANGES Senator Rucho, you have the floor for an announcement. SPEAKER CHANGES Thank you. Members of the Senate, we will have a Senate redistricting committee meeting today at one o'clock in 643 of the LOB. We will be discussing Senate Bill 36, Greensboro City Council changes. We will discuss Senate Bill 181, Wade County Commission districts. There will be no vote today. This is strictly informational, and

There will be an opportunity for public to speak on the bill at this meeting. We’ll have a two minute limit and we will have an orderly meeting, so we welcome anyone that would like to attend. Thank you. [SPEAKER CHANGES] Senator Tillman, for what purpose do you rise? [SPEAKER CHANGES] Forgive me for asking to speak a second time on the personal privilege motion but we have a birthday, Mr. President, if you would allow me. [SPEAKER CHANGES] Senator you have the floor. [SPEAKER CHANGES] I passed by Senator Gunn’s office 3 or 4 times this morning. No, I didn’t forget it. He was at the mirror, you know, he’s proud of his hair. His birthday is today and if I had, he’s almost caught up with me in age, but if I had hair like that I’d look as young as you do, but happy birthday Senator Gunn, Alamance and Randolph. [applause] [SPEAKER CHANGES] Do we have any other notices or announcements? Any other notices or announcements? Any further business to come before the Senate? If not, the chair recognizes Senator Berger for a motion. [SPEAKER CHANGES] Thank you, Mr. President. I move that the Senate do now adjourn subject to the standard stipulations set forth in Senate rule 24.1, the receipt of committee reports, appointment of conferees and messages from the House to reconvene on Monday, March 9, 2015 at 7PM. [SPEAKER CHANGES] The motion is that the Senate do now adjourn subject to the stipulations stated by Senator Berger to reconvene Monday, March 9th at 7PM. Seconded by Senator Jackson. All in favor say aye. Opposed no. The ayes have it. Senate stands adjourned. Seems to cut over to different portion of meeting: [SPEAKER CHANGES] Introduction of bills, Senate Bill 165, an act relating to the 39th Senatorial district, referred to rules and operation of the Senate, Senate Bill 166, An act to direct Administrative Office of the Courts to set up an [??] for adjusting the salary of clerks of superior court due to an increase in workload resulting from tourism,referred to rules and operation of the Senate. Senate Bill 167, An act to amend the provisions for longevity pay for clerks of superior court, sponsor Senator Cooke, referred to rules and operation of the Senate.. Senate Bill 168, an act relating to the 5th Senatorial District, Sponsor Senator D. Davis, referred to rules and operation of the Senate. Senate Bill 169, An act to appropriate funds to design and to construct a new [??] research in education on architectural [??] to be located in [??] county. Sponsors, Senator D. Davis. Referred to rules and operation of the Senate. Senate Bill 170, An act relating to the 35th Senatorial district, sponsor Senator Tucker, referred to rules and operation of the Senate. Senate Bill 178, an act relating to the 38th Senatorial district, sponsor Senator Ford, referred to rules and operation of the Senate. Senate Bill 173, An act to establish a season for trapping foxes in New Hanover County, sponsor Senator Lee and Rabin, referred to rules and operation of the Senate. Senate Bill 174, An act to provide that the City of Wilmington my leave from the Department of Transportation the department’s interest in performance of the former CSX transportation rail carter in the limits of that city, sponsor Senator Lee, referred to rules and operation of the Senate. Senate Bill 175, an act relating to the 32nd Senatorial District, sponsor Senator Lowe, referred to rules and operation of the Senate. Senate Bill 176, an act to authorize grade level expansion of charter schools in areas meeting certain criteria to meet the needs of growing populations near North Carolina [??], sponsor Senator Rabin, referred to rules and operation of the Senate. Senate Bill 177, an act to provide flexibility for the Chatham County Board of Education in adopting a school calendar

Senator Foushee for the ways and means. Senate bill one seventy eight, an act relating to the twenty third senatorial district. Sponsor senator Foushee refer the rule and operation of the senate. Senate bill one seventy nine an act to allow the town of Carrboro to adopt and enforce within its comfort limits an extra territorial planning jurisdiction that twenty twelve conservation code and twenty twelve residential code. Sponsor senator Foushee. Refer the rule and operation of the senate. Senate bill one eighty, and act demanding a charter of the town of Carrboro to allow the town to adopt ordinances prohibiting housing discrimination on the basis of sexual orientation, gender identification, gender expression. Sponsor senator Foushee. Refer the rule and operation of the senate. Senate bill one eighty one, an act to increase the size of the Wake county boards of commissioners and to alter the districts to coincide with the districts of the Wake county board of education. Sponsor senator Barefoot. Refer re-districting. Senate bill one eighty two, an act to regulate the use of automatic licence plate reader systems. Sponsor's senators McKissick, Barefoot and Daniel. Refer the rule and operation of the senate. Senate bill one eighty three, an act to eliminate confinement in response to violation for misdemeanor's sentence under structure sentencing as recommended by the North Carolina sentencing and policy advisory committee commission. Sponsor senator McKissick, Daniel, and Randleman. Refer the rule and operation of the senate. Senate bill one eighty four, an act to ratify the equal rights amendments to the constitution of the United States of America relating to equal rights for men and women. Sponsor senator's McKissick and ??Lendime. Refer the rule and operation of the senate. Senate bill one eighty five, an act to clarify credit for time served or recommended by North Carolina sentencing and policy advisory commission. Sponsor senator Daniel McKissick and Randleman. Refer the rule and operation of the senate. Senate bill one eighty six, an act to make base budget appropriations for current operation of the senate departments, institutions and agencies and for other purposes. Sponsors senator's Brown, Harrington, B. Jackson. Refer the rule and operation of the senate. Senate bill one seventy one, held at filed.