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Senate | April 16, 2015 | Chamber | Senate Session

Full MP3 Audio File

So calm for order, Sergeant at Arm to close the doors, members to go to their seats. Members and guests of the Gallery please silence all electronic devices. Leading the senate in prayers is Rev. Peter Milner of senate chaplain. All members and guests in the gallery please stand. Let's pray. Lord there is no word that we can speak to traverse the divide your throne room and this chamber. May we have your spirit that's inside of us. There is no fireworks, there is no stones that we can use, but there is a deep magic, as CS Louise once said. So Lord except this plain words and these calculated actions, forgive us as we do so as we enter into your presence We can feel your are a God for us, and we can taste your generous spirit, your pardon and self serving corruption. So lord bring us to the resting place, where we can watch you gazing upon us, one where we can know that dead cannot destroy. Have mercy on us Lord, take our heaps stones and make them a temple, in Jesus name we pray. Amen. Senator Burder is recognized for a motion. Thank you Mr. President. The journal for Wednesdays, April 15, 2015 has been examined and stand to be correct with the dispense for reading. The journal and that is stands approved it's written no objections the journal for April 15th stands approved written. Leaves of absense are granted today for Senator's Bill Raven, Senator Robinson, Senator Blue and Senator  Tucker Senator with the Doctor of the day with us and the nurse of the day, we have Dr. John Willeford of Charlotte, and Nurse Stephanie Leach of Riley, if you will please stand to be recognized. Thank you serving us in the senator role. Senators upon the motion of Senator Forshie of Orange County the chair is happy yo extend his courteous to the to representatives, sponsors and event hosts from the North Carolina Science Festivals they celebrate the 5th anniversary of the State Wide Science Festival and celebrate STEM Day at the legislature, you're with us today and we'll recognize you. Thank you for being here. On the motion to senator Mike ordered Berum county the chair is happy to extend courtesies of the gallery to Mr. George McCoy long time hemophilia of North Carolina board member. Mr. McCoy, if you're with us, please stand so we can recognize you. Thank you for being here on the motion of Senator Cook of Beaufort County, the chair is happy to extend courtesy's of the gallery to Cynthia Crane In Executive Director of the Aurora Fossil Museum in Beaufort County. If Ms. Crane if you're with us today please stand. Thank you for joining us today. found the motion of the center of Lee new head of accounting chair happy to extend courtesies of the gallery to the students and teachers of Rights School Beach elementary school, if you've joined us today, please stand so we can recognize you. Do we have any reports of standing committees? senator Banger for what purpose of your rise? To send forward a committee report. Please send forward your report senator. Crocorine, Senator [xx] [xx] senate bill 249 joining recreation land environment multi bill favourable, senate bill 661 private labs [xx] DAS also favourable. Senate bill 249 and 661 calendar. Senator Dave for what purpose do you rise? send forth committee report, could you send forward your report Senator? Clerk will read. Senator Nettin [xx] committee, semester passes. Senate Bill 349, restore driving privileges competency favourable. Senate Bill 423, committee substitute

number one, foster care a family Act favourable. Senate bill 349 calender and senate bill 423 insurance. Any other reports of standing committees senator Rapadoca for what purpose you rise? Motion please. Senator Rapadaca has the floor for motion. Thank you Mr. President, members house bill 367 was heard in rules committee, yesterday at noon read in last night moved that it will be put on the front of today's calender. That objection is ordered. Mr. President, thank you. Senate bill 333 teacher treasure data is on today's full calendars has to be removed and placed on Tuesdays, the 21st. Objection your honor. Thank you, Mr. President one additional motion if I may. Yes sir. Senate bill 679 North Carolina can sue my finance act amendments move debate will be moved off today's calender, let's place it on, Tuesday okay or Monday? Okay Monday night for the debate. No objection is ordered. Thank you, Mr. President So that takes it's right in the calender for the day, senators we are will be starting with Public Bills, Second reading House Bill 364, Senator Apodaca, for what purpose do you rise? The clerk will read. Senate Bill 364 clarify laws on executive orders and appointments Senator Apodaca is recognized speak to the Correction, this House Bill. There you go. Senator Apodaca it's recognized. Thank you Mr. President, members I know we're not used to hearing House Bills but we are going to start today. This is the bill that we had in Rules Commission yesterday, it is to allow us to review, let me just talk about this bill does, it deals with boards and commissions. We've been reviewing the Trial Coart's Order and [xx] commission Although we disagree with the courts conclusions, and have appealed it. We have identified certain points that were raised in the court's order regarding the executive orders and legislative service on certain boards, this we can fix while remaining in compliance with the court and the North Carolina supreme court rulings. This bill has two provisions, require part of acquirement, regarding executive orders and the statute creating the [xx] Commission, Environmental Management Commission and Coastal Research Resources Commission, pardon me. Clarification takes out the requirement that the Governor issue executive orders, regarding conflicts of interest and provides that the Governor Mey Tommy Gray, excuse me, Tommy Gay criteria regarding conflict of interest criteria. Of course all of these board members will remain subject to the ethic acts, but with this change, the governor I may decide to require additional disclosure, disclosures, given the sensitive nature that this particular commission, of this particular commissions of work. The second provision, brings 3 boards and commissions in compliant with Wallace B Bank, North Carolina's supreme court will the legislatures cannot serve on certain boards and commissions part B statutes regarding North Carolina longitudial data system board, excuse me the mestic balance commission and the governor's crime commission are revised to clarify that legislators may not serve on these this is what this bill does and I ask for your support. We're having a discussion or debate. Hearing none question for the senate is the passage of house bill 364 on a second reading. All in favor vote I, oppose will vote no. Five seconds be allowed for the voting. Clerk record the vote 46 having voted in the affirmative and zero in the negative, House Bill 316 before passes the Second reading without objection will be read a third time. Any discussion to the debate? None in question. Senate passes the House Bill 364 on it's third reading, all in favor say aye Aye  Oppose no. The ayes have it. House bill 364 passes

it's third reading will enrolled and sent to the Governor. Mr. President Senator Apudaca, for what purpose do you rise? We need that to be sent by special messenger please. Without objections your Honor  Thank you, Mr. President. Mr. President [xx] You have the floors Honor. Thank you, Mr. President. Mr. President I move that the Senate do not recess subject to the standard stipulations set forth and Senate roll with 24.1, the ratification of bills, the receipt and we will call off committee reports and messages from the house that we convene at 12 [xx]   Mr. President. Senator Brown what purpose do you rise?   Republicans will call Christian to recess. Senate will stand and Senator Vandine[sp?], what purpose do you rise? The democrats will [xx] this media after session. Thank you senator Or during recess. Senator will stand in recess subject to the stipulations stated by Senator Apodaca until 12:40 Senators come to order! So before we get started, Senator Rayben and Senator Curtis have excuse absences for the remainder of the session. senator cheque[sp?] is recognized Yes from motion Mr. President Certainty of war Mr. President members, pursuing to general statute 115 D-2.1 D4F, I move the senate confirm the election of Dr. J. Breeden Blackwell and Clark S. Tweety[sp?] to the State Board of Community Colleges, for a term of six years, beginning July 1st, 2015 Thank you senator. The question for the board is the election of DR. J Breeden Blackwell and Clark Tweety to the state board of community colleges for a term of six years beginning July 1st 2015 all in favor say I I Oppose no and the I's have it and Dr. J Breeden Blackwell and Clark Tweety have been elected to the State Board of Community Colleges via voice the vote will now be confirmed electronically. All in favor of the election of Dr. J Breeden Blackwell and Clark Tweety to the State Board of Community Colleges for a term of six years beginning  July 1st 2015 will vote I, oppose will vote no. Five seconds be allowed for the voting. The clerk will record the vote I Sanderson. Sanderson I. 43 having voted the affirmative and 0 in the negative, Dr. J Briden Blackwell and Clark Tweety have been dully elected to serve on the state board of community colleges and will be so notified a message is order to sent to the house. Senator Texus[sp?] back to you all for the calender of the day this public bills second reading senate bill 7 clerk will read. Senate bill 7 allows spending[sp?] for food [xx] customer Senator Thomas is recognized speak to the bill thank you Mr President. This bill simply allows people who go to convenient stores and mini marts be able to sit down and have their sausage biscuit and their cup of coffee here to [xx] you could not have tables and chairs unless it was about a bonafide restaurant. This allows people to sit down while they're having their coffee and their biscuits, that's all it does. Thank you senators any discussions or debate? Hearing none question for the senate is the passage of the committee substitute number two to senate bill 7 on a second reading. All in favor will vote aye, opposed vote no. Five seconds be allowed for the voting. Voting clerk will record the vote. 44 having voted in the affirmative 0 in the negative.committee substitute number two senate bill 7 passes a second reading without objection be read the third time. North Carolina [xx]  and gallery assembly enact. Any discussion or debate? Hearing none the question for the senate is the passage of committee substitute number two, senate bill number 7. I will start reading. All those in favor say aye, opposed no. The Aye's have it. The aye's have it! Substitute number Two, Senate Bill Seven passes it's Third Reading and it'll be sent to the House. Senate Bill 174 Senate bill 174, Real Carter Lease, City of Wellington. Senator Lee is recognized. Speak to bill. Colleagues, this is simply a bill that authorises a city well maintained and then CDOT then into a lease to the right for an interim use of the recreational area primarily [xx] maintenance look into extend a trail down through this area

so its simple as that [xx] Discussion debate? Hearing non, the question for the Senate is passage of Senate Bill 174 on Second reading, all in favor of vote I, oppose of vote No, five seconds will be allowed for the voting. Clerk will record the vote Gentleman I, 44 having voted in the affirmative zero in the negative Senate Bill 174 passes a Second reading without objection will be read a 3rd time. North Carolina General Assembly Act. Any discussion or debate? Hearing non, the question before the senate is pass the senate bill 174 on its third reading, all in favor say I? Aye  Oppose No? The  ayes have it. Senate Bill 174 passes its third reading, it will be sent to the house senate bill 238, clerk will read. Senate Bill 238, stalking by GPS, criminal offence. Senator Stein is recognized to speak to the Bill Thank you Mr. President, members of the senate. Technology is a wonderful thing, we have navigation Apps that help us get around some people may use [xx] but technology can also open the door to problems, and stalking by GPS is an increasingly common problem. The US department of Justice estimates that 10% of all stalking cases involve using GPS technology what this bill does is get North Carolina stalking law in line with technological practices by making illegal for anyone to stalk somebody else by placing a GPS device on that person or property. There're a number of exemptions for instance law enforcement, a car dealer who has a lease on the car, and I will like to offer an amendment to improve one of the exceptions, so at this time. Maybe you can send forward your amendment, you can get a page to bring that amendment forward, it's already here, clerk will read. Senate [xx] wish to amend the bill Senator Stein is recognized to speak to the amendment. Thank you, we had a very good hearing in the J2 Committee the day before yesterday, and Senator Davis, Senator Low, and others, noted they want to be able to track their car and no matter who's driving it. And so this makes it clear that you're allowed to place GPS device on your own property, your own car and track it wherever it goes, with one exception, unless you have a domestic violence order against you, and the person who is driving that car is the person who has the domestic violence protection. So that's what this amendment does is it broadens it from just hits[sp?], which is what the bill originally said to anyone driving your car. Do we have any discussion or debate? Senator Davis What purpose do you rise? To speak on the amendment. Senator Davis has floor to speak to the amendment. Thank you Mr. President, I would like to thank Senator Stein for offering this amendment, it certainly addresses our concern and I commend it to you. Any discussion for debate? Hearing none, Senator MA, Kusek, for what purpose do you rise? Senator Stan. Senator Stan do you yield for a question? Yes sir I do. Just a point of clarification, so as long as you own a ownership interest in that vehicle don't have to be sole owner, you can go ahead and use one of this GPS devices, is that correct? The amendment reads, the owner or leaser of any vehicle and a part owner is an owner, so yes that would [xx] Very good, thank you. Any further discussion? Hearing none the question for the senate adoption of the amendment one, on favor vote I, oppose vote no, five seconds will be allowed for the voting clerk will record the vote. 44 having voted in the affirmative and 0 in the negative adapted the bill as amended his back before the body. Senator Brown for what purpose do you rise?   May I ask Senate Stan a question? Senator Stan do you yield? I Yield Senator Stan you need to know car dealers on leases how about buy [xx] is that included I'm just not sure how broad you are there it is, if you look on page 1 of the bill, the definition of fleet vehicle covers motor vehicle's helder for lease or rental to the general public. And motor vehicles held for sale are used as a demonstrator's test vehicles or owned vehicles by motor vehicle dealers. OK any further discussion or debate? Hearing none the question for the senate is the passage of committee substitute to senate bill 238 as amended on it's second reading all in favor vote I oppose vote no five seconds will be allowed for the voting clerk will record the vote. 44 hiving voted the affirmative in zero and a negative committee substitute the senate goes through 338 as amended passes it's second reading without objection to be read the third. North Carolina [xx]. Any further discussion or debate? Hearing none the question before

the senate passes committee substitute for senate bill 238 as amended on its third reading all in favor will say aye "aye" oppose no the ayes have it committee substitute senate 238 as amended passes it's third reading, the amendment will enclosed, it will be sent to the house. Senate bill 313 clerk will read. Senate bill 213 license plate retire register of deeds. Senator Bingham is recognized. Thank you Mr President ladies and gentlemen of the Senate, let's hope this license plate is already available. What is there is clarifies what clarifications are necessary from DMV to receive this plate. I urge your support and I'll be here for you to try to answer any questions, I must say that this is the first bill that I have ever had in transportation and after the wonderful time I had there. I'm going to see if I can think of something else I can introduce to transportation. Thank you very much Mr. President. Thank you senators. Any discussion to debate? There are none question for the senate is passes senate bill 313 on second reading all in favor vote aye I. Oppose of vote No. Five seconds will be allowed for the voting, clerk will record the vote. [xx] 43 having voted in the affirmative and 1 in the negative, Centre Bill 313 passes its second reading without objection will be read a third time. Can I have general assembly in hack. Having discussion debate. Hearing none the question for the senate is passes senate bill 313 on its third reading all in favor say aye oppose no the I's have it senate bill 313 pass its 3rd reading it will be sent to the house. Send a joint resolution 712, confirmed director of the FBI. Senator Newton is recognised to speak to the resolution. Thank you, Mr. President colleague call this to your attention this is really in a way the historic moment what we've done in our prior legislation is to move the SPI to an independent status with the department of public safety from where previous to this house and part of that is that the SPI director is now going to be an appointed decision that we have to confirm and they're going to hold the position for up to eight years and act as an independent law enforcement head, very similar to how it's done with the FBI Director. And so this nomination that was before us is the first and I think something that we as a body and General Assembly as a whole should take very seriously to make sure that we have seen that the right person was nominated for the future. The future of the SPI as well as to make sure that this is the right candidate. So we had a great meeting in the nominations committee. There are a lot of very good questions asked of Mr. Coriale. I think that most of you if not all of you have gotten literature on the current acting SPI Director BW Coriale[sp?], who's a constituent of mine and a long veteran of the SPI and I'll just take off one or two interesting highlights in his career and one Tommy was the commander of the Bomb Squad so there's no doubt about his bravery, he's been a pirate obviously drug investigations as he worked his way through the SPI more than 20 years, he commanded the Intelligent Unit and from 2010 to 2013 was the Head of the Fusion Center Isaac which is a very important position within law enforcement as a whole sharing information all across the State working with Federal Authorities and Local Authorities. There are quite a good questions asked of this nominee and I think everybody in the nomination committee was quite satisfied with him, and I commend them to you, with that I will stop, and will be glad to answer any questions. Thank you. Do we have any discussion or debate? Hearing non, question for the senate is passage of senate joint resolution 712 on its second reading, all in favor of vote I oppose of vote NO, five seconds will be allowed for voting, clerk will record the vote. Low, senator Low I. 44 having voted in the affirmative and zero in the negative, senate joint resolution 712 passes its second reading that objection will be read a third time. North Carolina general assembly enact.

Any discussion or debate? Hearing non, the question for the senate is the passage of senate joint resolution 712 on its third reading all favor say I. I. Oppose No. The Is have it, senate joint resolution passes its third reading, and it will be sent to the house that wraps up our calender for the day, at this time we'll like to say thank you to our pages for this week, it was small crowd, they were very busy, I know you kept them active, and pages we thank you for serving us this week, and hope you'll come back to see us. Thanks so much. We have any notices or announcements? Senator Alexander, for what purpose do you rise? I'd like to alert the members of the senate that today is the birthday of Mr. Congeniality of the freshmen caucus. Mr. Tom McCenes, he will not allow me to tell you how old he is, but I will let you know he's celebrating his 14th anniversary is a member of AARP, and cake will be served right outside his office in room 2106 here in the Legacy Building Thank you sir. Happy Birthday Senator. Senator Wayden what purpose do you rise? Point of personal privilege and a Senatorial statement? You can do both as long as send forward your statement Senator, and you the floor for the point of your personal privilege. Thank you Mr. President. Ladies and gentlemen you have a copy of the statement at your desk and I assume it will be on the dashboard here in a moment. Tomorrow it's World Hemophilia Day, it's a day to recognize something that's happening all around the world today we have people living with haemophilia, their families, care givers and supporters gather to raise awareness about this devastating disorder. Many places around the world will commemorate the day by lighting prominent buildings and monuments in red, to show commitment to the hemophilia community. In North Carolina members of the states senate hemophilia chapter will gather in Charlotte to light the Well Fargo Duke energy center in red. With us today representing the hemophilia side North Carolina if George McCoy, a long time board member and advocate for the course. In conjunction with this special day and the events tomorrow, I would encourage you read the senatorial statement, become more familiar with haemophilia and take a moment to consider those living with hemophilia and their care givers, thank you Mr. President Thank you Senator, we have any other notices or announcements? Senator Low for what purpose of your do you rise? To make a personal statement. Senator you have the floor for a point of personal privilege. Yes, I have to file for [xx] which was one of the first African American fraternity founded in 1906. That group was here earlier today which I am a member, and they have departed but I hope that you will take the moment in your personal time, to read this particular statement that is being shared or has been shared. Thank you. And we can rule or let the records know Senator Hues,  set forward to send [xx] statement on that. We have any other notices or announcements? Any other business come before the senate? And now the chair recognize Senator Burger promotion. Thank you, Mr. President. I move, senate do now adjourn, substandard stipulations set forth and senate rule 24.1 On the receipted committee reports, the ratification of bills and messages from the house to reconvene on Monday, April 20th, 2015 at 7:00 PM The motions to the Senate do now adjourn subject to the stipulations stated by Senator Burger till we can meet on Monday, April 20th at 7.00 P. M seconded by Senator Magenes. All in favor say aye. Aye There's no, the ayes have it. Senate stands adjourned.