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Senate | March 16, 2015 | Chamber | Senate Session

Full MP3 Audio File

TDUDTE [0:00:00.0] But to do justice and love mercy, walk humbly with God. Help us to look a little bit more like pathetic words from you Oh Lord we pray in the name of Jesus, Amen. [SPEAKER CHANGES] Senator Burger is recognized for a motion. [SPEAKER CHANGES] Thank you Mr. President, the journal of Thursday March 12th, 2015 is been examined and is found to be correct, I move that we dispense with the reading of the journal and that it stand approved as written. [SPEAKER CHANGES] With objection the journal for March 12th, 2015 stands approved as written. Senators we have our leave of absence granted today for Senator Sucheck. [Pause] [SPEAKER CHANGES] Senators found the motion, the Senator Ralph Hise of Mitchell County, the Chairs are happy to extend the Courtesies of the Gallery to students from ?? University and their teacher and Former House member Ray ??, if you are with us today please stand to be recognized, thanks for joining us. [Applause] [SPEAKER CHANGES] Senator Apodaca what purpose you raise? [SPEAKER CHANGES] Mr. President a motion please. [SPEAKER CHANGES] Senator Apodaca one second please, Senators we can come to order please background noises in the chamber. [SPEAKER CHANGES] I don’t think Senator Tillman can hear you from talking Mr. President. He still hasn’t… [SPEAKER CHANGES] I don’t think he has. Senator Apodaca you have the floor. [SPEAKER CHANGES] Thank you, I hope these students gonna observe this kind of behavior tolerated in their classroom. House Bill 157: Amend Environmental Laws currently on third reading on tonight’s calendar asked to be brought to the top of the calendar for immediate consideration. [SPEAKER CHANGES] Without objection so ordered. [SPEAKER CHANGES] So Senators that takes us right into the calendar for today starting with public bills third reading bill, House Bill 157, the clerk will read. [SPEAKER CHANGES] House Bill 157: Amend Environmental Laws. [SPEAKER CHANGES] Is there any discussion or debate? [SPEAKER CHANGES] Follow up. [SPEAKER CHANGES] Senator Barringer for what purpose you raise? [SPEAKER CHANGES] To speak on the third reading of the bill. [SPEAKER CHANGES] Senator Barringer you have the floor to speak the bill. [SPEAKER CHANGES] Ladies and Gentlemen on our last meeting I voted against this particular bill because there were several issues raised particularly about the discussion that the board would have in making these rules after due deliberation and investigation, I have now determined that I’m comfortable with the bill and I will be voting yes on this bill tonight for that reason and that’s why we had an opportunity to object to third reading and an opportunity to do further due diligence, thank you. [SPEAKER CHANGES] Any further discussion or debate? Hearing none, the question before the Senate is passage of Committee Substitute to House Bill 157 on its third reading, 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. [SPEAKER CHANGES] Chair Birmingham aye, aye, 39 having voted in the affirmative and 10 in the negative, the Committee Substitute to House Bill 157 passes its third reading. Senator Apodaca for what purpose you raise? [SPEAKER CHANGES] Mr. President I move that House Bill 157 be sent to the Governor by special messenger. [SPEAKER CHANGES] Without objection so ordered. House Bill 157 passes its third reading and will be enrolled and sent to the Governor by special message. Senate Bill 161, the clerk will read. [SPEAKER CHANGES] Senate Bill 161: Supreme Court Sessions in Morganton. [SPEAKER CHANGES] Senator Daniel was recognized to speak to the bill. [SPEAKER CHANGES] Thank you Mr. President and members of the Senate, this bill comes to us at the request of the Chief Justice of North Carolina Supreme Court, the Supreme Court currently has the authority by statue to meet in Raleigh and it has an Eastern location in Edenton and historically in the 1860s the Supreme Court met in the summer in the old Burk County Courthouse in Morganton, the Courthouse was build in 19387 and the Chief Justice would like to have a Western side for the court to have up to two… [0:05:00.5] [End of file…]

session meetings a year and this was the site that he selected and so I would ask for your support. Thank you. [SPEAKER CHANGES] Is there any discussion or debate? Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Will Senator Hise yield to a question? [SPEAKER CHANGES] Senator Hise, do you yield? [SPEAKER CHANGES] I will yield. [SPEAKER CHANGES] Senator Hise, do you consider Morganton Western North Carolina? [SPEAKER CHANGES] Thank you, Senator Apodaca, I will just remind members there are many hours of Interstate 40 in the rest of this state that continue far west of Morganton. [SPEAKER CHANGES] Follow-up, Mr. President. [SPEAKER CHANGES] Senator, do you yield? [SPEAKER CHANGES] I yield. [SPEAKER CHANGES] Senator Hise, is it not true when you proceed down I-40 and get around Valdese, is the first time you actually see mountains in the future, or ahead of you, or in the future. [SPEAKER CHANGES] Thank you, Senator. Yes, that would be the first time your elevation starts to change. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] Is there any further discussion or debate? hearing none, the question before the Senate is the passage of Senate Bill 161 on its second reading. All in favor vote aye, opposed vote no. Five seconds will be allowed for the voting, the clerk will record the vote, 48 having voted in the affirmative and 1 in the negative, Senate Bill 161 passes its second reading, without objection will be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Any discussion or debate? Hearing none, the question before the Senate is the passage of Senate Bill 161 on its third reading. All in favor will say aye, opposed no, the aye's have it. Senate Bill 161 passes its third reading and it will be sent to the House. Senator Davis, for what purpose do you rise? [SPEAKER CHANGES] Mr. President, I'd like to change my vote on the last one to no, as well. [SPEAKER CHANGES] Senator Davis. [SPEAKER CHANGES] I would respectfully submit that neither of these guys know what the West is. [SPEAKER CHANGES] Senator Davis changes his vote to no. Final count was 47-2. Senate Bill 185, the clerk will read. [SPEAKER CHANGES] Senate Bill 185, clarified credit for time served. [SPEAKER CHANGES] Senator Daniel is recognized to speak to the bill. [SPEAKER CHANGES] Thank you, Mr. President, members of the Senate. This bill is geographically neutral. It comes to us from the North Carolina Sentencing Commission, which I sit on along with Senator McKissick and Senator Brown. This is a recommendation of the commission to clarify credit for time served. Apparently, across the state there's some confusion in the way different courts allow a defendant who's been in pretrial confinement, whether or not his pretrial confinement counts towards his ultimate sentence. Specifically, the bill will clarify that if the conduct for which you are ultimately convicted was part of the same incident then you would receive credit for time served for that, even if it's not a lesser included offense. So, if there's any questions, probably Senator McKissick can answer them but that's the gist of the bill. It should make the treatment of defendants and time served more uniform across the state. [SPEAKER CHANGES] Is there any discussion or debate? Senator Tillman, for what purpose do you rise? [SPEAKER CHANGES] Mr. President, I wanted to ask Senator McKissick a question but I thought better of it. I would like to ask Senator Daniel a question. [SPEAKER CHANGES] Senator Daniel, do you yield? [SPEAKER CHANGES] I yield. [SPEAKER CHANGES] Senator, please don't suggest that I ask Senator McKissick another question. If you're convicted of the same crime, time served in pretrial counts as time served? [SPEAKER CHANGES] That's correct. [SPEAKER CHANGES] Now unrelated cases and what they're tried, that has nothing to do with the pretrial and days served, that's a totally different matter? I heard something about that and I'm not on J2 therefore I've got a, that's... [SPEAKER CHANGES] To answer your question, Senator Tillman, if the defendant is convicted of a crime that's different from what he was in pretrial confinement for and which is not related to the same incident, then he would not get pretrial confinement allocated towards his ultimate sentence. [SPEAKER CHANGES] Thank you, that clears it up. [SPEAKER CHANGES] Any further discussion or debate? Hearing none, the question before the Senate is the passage of Senate Bill 185 on its second reading. All in favor vote aye, opposed vote no. Five seconds will be allowed for the voting, the clerk will record the vote. Blue, Bryant, aye, Sanderson, aye, 48 having voted in the affirmative and zero in the negative Senate Bill 185 passes its second reading, without objection

will be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Any discussion or debate? Hearing none, the question before the Senate is the passage of Senate Bill 185 on its third reading. All in favor will say aye, opposed no, the aye's have it. Senate Bill 185 passes its third reading. It will be sent to the House. Ratification of bills, the clerk will read. [SPEAKER CHANGES] Enrolled bills. The enrolling clerk reports the following bill duly ratified for presentation to the Governor, House Bill 157, an act to amend various environmental laws. [SPEAKER CHANGES] Senators, that does wrap up our calendar for the day. At this time we'd like to introduce the pages. So the pages that are with us, if you'll make your way up here to the dais so that we can introduce you. As soon as they get up here the clerk will read. [SPEAKER CHANGES] Pages serving in the chamber this week, Isher Bark, Charlotte, DeShonda Brown, Greensboro, William Comber, Winston-Salem, Anthony Forte, Boiling Springs Lake, Kaitlyn McComb, Greensboro, Jasmine McNeil, Raleigh, Nicholas Ido, Wake Forest, Ethan Walton, Wilson, Regina Wackert, Spring Lake. [SPEAKER CHANGES] Pages, thank you for taking the time to serve the Senate this week. We look forward to getting to know you over this week. Thank you so much. [APPLAUSE] Do we have any notices or announcements? Senator Van Duyn, for what purpose do you rise? [SPEAKER CHANGES] The democrats have caucus directly after session. [SPEAKER CHANGES] Any other notices or announcements? Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Mr. President, I have a announcement/personal privilege. [SPEAKER CHANGES] You have the floor, Senator. [SPEAKER CHANGES] Thank you, Mr. President. Members, we had planned to hold a Nominations Committee meeting later this week. I think the committee needs to hold off. Earlier today a Wake County trial court ruled that the Coal Ash Commission is unconstitutional. Its work is on hold immediately for appeal. Needless to say, I am concerned. If the opinion stands, it represents a monumental shift in how the General Assembly and the Executive Branch have done business since the 19th century. Respectfully, I think each of you should be concerned too, regardless of party. At this time, I believe the right thing to do is to move slowly in studying the opinion and allow the question to be decided by the North Carolina Supreme Court. Therefore, I don't think it's appropriate for the Nominations Committee to meet until the decision is handed down. Thank you, Mr. President. [SPEAKER CHANGES] Thank you, Senator. 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 rule 24.1, the receipt and referral of committee reports, the receipt of conference reports, the ratification of bills, the appointment of conferees, messages from the House, to reconvene on Tuesday, March 17, 2015 at 2:00 PM and, Mr. President, before we take that motion a short announcement, Conferees on Senate Bill 20 will not meet tonight. [SPEAKER CHANGES] Thank you, Senator. The motion is that the Senate do now adjourn, subject to the stipulations stated by Senator Berger, to reconvene Tuesday, March 17th and 2:00 PM, seconded by Senator Brock. All in favor say aye, opposed no, the aye's have it. The Senate stands adjourned.