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Senate | April 30, 2015 | Chamber | Senate Session

Full MP3 Audio File

Senate come to order, sergeant at arms to close the door as members gather there seats. Members and guests in the gallery, please silence all your electronic device. Leading the senate in prayers is pastor James God of Green Pines Baptist Church of Knightdale Pastor Scott is a guest of Senator Tucker, all members and guests in gallery will please stand. Who's praying? God our father I want to thank you that you are here. With your presence, we know that we have your wisdom from which every wise always makes. With your presence we know that we have your righteousness, we ask your righteousness to re-calm our selflessness with your presence we know we have steadfast love from generation to generation may your Holy love guide and lead our way, with your guiding Love, lead these our State leaders, to produce Laws that's going to encourage loving and good behavior and to discourage selfishness and evil, which above guide our Leaders, no one can make good Laws, but to do it in a good way. With your presence we know we have the Author, the sustainer of life itself here with us Lord. Thank you. May the Laws here, reflect your Laws and help produce life for discouraging selfish and violent death. Ask forth you let your presence be known, to the members of our Senate and thank you showing what this look's like, in your Son Jesus Christ and his Authority I pray. Amen. Senator Berger is recognized for a motion. thank you Mr. President the journal of Wednesday April 29th 2015 has been examined and is found to be correct and we dispense with the reading of the journal, and that it stands approved as written. Without objection the journal paper for 29 stands approved as written, certainly I believe his absence today for senator Libon, Nidi[sp?] and Smith Engram. We do have the note today we need a Chancellor of Newton, North Carolina is here with us, Nurse Chancellor, please stand up and be recognized. Thanks for serving us today senator [xx] request sergeant Ram to [xx], the Chair is happy to extend courtesy as before to Adson Mandles who has an assistant sergeant at arms since June 2012 is leaving us today he has been a dedicated and capable ambassador for our senate for three years. He has completed his undergraduate education in Heistaete[?] majoring in business and administration marketing and the security position which we hope will read to the longest successful career, we thank him for his service and wish him well Anderson raise your hand and as you understand it. That all clear. Senate this is written to our calender for the day, starting with the local bill t on second reading. Senate bill 132 the clerk will read. senate bill 132, current fox shopping. Senator Anderson is recognized. Thank you Mr. President, members of the senate this is a local bill at the unanimous request of our county boarder commissioners, the difference is just a small amount in most of our folks trapping bill in that, it does put a 2 year moratorium on it and it also denies the ability to sell our folks, I would appreciate your support. we're having discussion on the debate. Hearing now the question for the senate is passes the committee step through to the senate 132 on the second reading All in favor will vote Aye, Opposed will vote No, five seconds relapse, will the voting clerk record the vote. voted. 46 having voted in the affirmative and zero, in the negative committee substitute senate 132 passes a second reading without objection to be read a third time. North Carolina bill coming next. In discussion or debate, hearing none, the question before the Senate, is the passage of committee substitute to senate bill 132 on its third reading. All in favor say Aye, Aye.

Opposed No, the Ayes have it. substitute to Senate Bill 132 passes its third reading, it will be sent to the House. Moving on to public bills third reading roll call Senate Bill 566 clerk will read. Senate Bill 566 dispossession of minimal property tax refund. Senator Tom is recognized Thank you Mr. President, members this is the same bill as was yesterday. Thank you. Do we have any discussion or debate? Hearing none, the question before the Senate is passage of committee substitute Senate Bill 566 on its third reading all in favor will vote aye, opposed vote no, 5 seconds to be allowed for the voting clerk to record the vote. 43 having voted in the affirmative and 0 in the negative Sorry senators I was moving a little too fast there. Senator looi vendine[sp?], sorry senator aye, Jackson, Aye 46 having voted in the affirmative and zero in in the negative committee substitute Senate Bill 566 passes its third reading and it will be sent to the House. Moving on to public bill second reading non roll call, Senate Bill 127 the clerk will read. Senate Bill 127 when all state agencies used temporary solutions. Senator Randleman is recognized to speak to the bill. Thank you Mr. President. Members this bill comes to us as recommended in 9th February 2015, report prepared by programmer evaluations division. The legislation has been bended by the joint legislative PD oversight committee the PED oversight sub-committee on personal service contracts, and was unanimously voted out of the workforce on the economic development committee. Senate Bill 127 personal services contracts in order, into by Executive Branch Agencies, be subject to the same requirements and procedures as service contracts require state agent please to obtain temporary employees to their temporary solutions program. And codifies requirement that information technology personal services contracts be approve in writing by the office, of the information technology service and the office of the state budget and management. I ask for your support Do we have any discussion or debate? Hearing none question for the Senate passes as the community substitute Senate Bill 127 on the second reading all in favor vote Aye, opposing vote No. Five seconds to be allowed for the voting, clerk will record the vote. [xx] Aye, Van Duyn aye, 47 having voted affirmative and zero in the negative, committee substitute senate bill 127 passes the second reading without objection be read for a third time North Carolina general assembly enact we have the discussion or debate, hearing the question for the Senate passage committee substitute senate bill 127 and on its third reading, all in favor say aye, Aye! Oppose No. The Ayes have it. May substitute Bill 127 passes its third reading and it will be sent to the house senator Smith Engram is back in the chamber, we have verification of the bill the clerk will read. Senate bill resolution is verified prepare to do your presentation to the officer of the secretary of state. House joint resolution 668, adjoint resolution to the army remembering lives of victims all it cost, including those who perished in, and those who survived in that sea, concentration camps, and recognize and then honoring the United States on forces whose courage and bravery lead to the liberation of those camps on the 70th anniversary of United States Army Liberation infamous.com concentration gift. to the gallery, to Powered Hall Elementary School, for our friends from Haward Hall here, please stand, and be recognized. Thanks for coming to the Senate today. senate bill 383, clerk will read. Senate bill 383, study fund improve Movements in the state highways.   Senator Daniel is recognized to speak to the bill. Thank you Mr president this is a bill that it's Senator Raven's bill Senator Raven is unable

to be here today the bill is essentially just a study, of whether what running sources should be utilized improve our interstate highway systems totalling would be one of the things that study would apply to all interstate highways across the state. Senator Raven of course his concern is that over the next 25 years short falling and transportation funding figure range from $20-24 billion depending on who does the calculations. So senator Raven ask for your support. We're having discussional debate, [xx] senators passage to commit a substance here to sign the bill 383 on its second reading. All in favor vote aye, opposed will vote no, five seconds relapse of voting and the croak will record the vote 48 having voted in the affirmative and zero in the negative, community substitute center 383 passes its second reading without objection will be read a third time. General Assembly enact  Any discussion or debate? Hearing none the question for the senate is to pass the [xx] substitute Senate Bill 383 on its third reading, all in favor say aye, oppose no, the Ayes have it.committee substitute Senate bill 383 passes its third reading, and will be sent to the house Senate Bill 429 call for reading. Senate Bill 429 labelled 2015, technical and informal changes. Senator Barrack is recognized. Thank you Mr President, Members of the senate. This bill really deals with technical issues through The Department of Labor and makes forming changes. The title is self explanatory, and that's what it does. I'll answer any questions if you have any, no controversy. Having any discussion or debate? Hearing none, question for the senate is the passage of Senate Bill 429 on its second reading, all in favor of it aye, opposers of it no, five seconds will be allowed for the voting and the clerk will record the vote. 48 having voted in the affirmative and zero on the negative, Senate Bill 429 passes it's second reading without objection being read on the third time. North Carolina General of Assembly enacts Any discussion or debate? Hearing none, question for the senate is passage of Senate Bill 429 on its third reading all on favor will say aye Aye Oppose no, the ayes have it. Senate bill 429 passes its third reading and it will be sent to the house. Senate bill 446. Clerk will read Senate Bill 429, the dealership loan on vehicles. Senator Jackson is recognized. Thank you Mr. President. Member on this bill basically just says when you go to your car dealership and they loan your a vehicle that vehicle they loan you while they're working or repairing your vehicle can have a dealers plate on it. It doesn't change any other laws other than it clarifies that they're strongly being endowed but it is no clarification in the law so this just clarifies it now I ask for your support, thank you. Senator Brown for you publish your eyes. To unrule 29 Deacons, have you sent forward your I have. Okay. Thank you senator. Senator McGinnis for what purpose do you rise. Rule 29 Mr President. Thank you. Send forward your seat as well senator. Yes sir, thank you. Thank you Senator Alexander for what purpose you rise. Rule 29, I've sent forth my form. Thank you senator. Anyone else? Alright. Any discussion or debate? Hearing none, requiring further sentence of passage Senate Bill 446 on its second reading. All in favor will vote aye, opposers will vote no, five seconds be allowed for the voting clerk to record the vote. Senate Law, aye. 45 having voted in the affirmative, zero in the negative, Senate Bill 446 asses its second reading without objection be read a third time. North Carolina [xx] Act. Any discussion or debate? Hearing none, requesting further sentence of passage of Senate Bill 446 on its third reading. All in favor say aye, says No. The Ayes have it. Senate bill 446 passes it's third reading. It will be sent to the house. Senate bill 581, paple9sp?] read, Senate 581 studies evaluation street maintenance Senator [xx] is recognized to speak to the bill. Thank you Mr. President, I'm sure that most of us have heard from residents and sub-divisions and some of our areas and which day have lived out there for a number of years and the roads are in pretty bad shape and the difficulty that they have in what they are going to do about those roads as times goes on and we have this bill, we'll ask the Department of Transportation to study that issue to see if there is not a better way of doing things between the developer and the department of transportation as far as building and keeping those roads up to states standard so our joy of support we having a discussion or debate? Hearing none the question for the senate is the pass senate of bill 581 those in favour say, aye those opposed vote no.

5 seconds realized for the voting and the clerk record the vote.   Clerk I 48 having voted in the affirmative, and 0 in the negative, Senate Bill 581 passes its second reading without objection and will be read a third time. North Carolina enact Act. Any discussion or debate? hearing none the question for the senate is to pass the senate bill 581 on its third reading all in favour say, aye. Opposed no. The ayes have it senate bill 581 passes its third reading it will be sent to the house. Senate bill 600 the clerk will read, s enate bill 600 study up [xx], senator Mayor is recognized to debate the bill. Thank you Mr. President, members of the senate this is the study that was requested by department of motor vehicles I would appreciate your support, thank you. We're having a discussion or debate. Hearing none the question for the senate is senate bill 600 on second reading all in favour say aye opposed to vote no. Five seconds be allowed for the voting or to record the vote Richard Bingham, I I voter, I, Smith I. 48 having voted the affirmative and zero in the negative committee substitute senate bill 600 passes its second reading without be read a third time. North Carolina Act. Do we have any discussion or debate? Hearing none, requesting the further sentence of passage to the committee substitute Senate Bill 600 on its third reading. All in favor of it say aye, no, the aye's have it, when substitiute senate bill 600 passes its third reading it will be sent to the house Senate 654 clerk will read Senate Bill 654 Map Act clarificaftcation rise to speak to the bill? Thank you Mr President, back in 2006 if you look at the first page of the bill in sub section A5 the Wilmington MPO was authorized to record a map of respective two projects, then it's the Hampstead bypass even though they are two numbers it is essentially one project, conforming changes were not made through out the statute so that they could not amend, modify, or even remove the map of record, so that the thrust this bill there is another section of the bill which requires in NCDOT to indemnify the Wilmington MPO in connection with the recording of these maps as well. Thank you very much. Do we have any discussion or debate? Senator Blue for what purpose do you rise?   Will Senator Lee you have a question? Senator Lee do you yield? Yes sir. Senator Lee, are there any other MPOs in the same situation? Not that I'm aware of sir. OK. Any further discussion or debate? Hearing none, the question for the Senate is the passage of Committee Substitute Senate Bill 654 on its second reading. All in favor will vote aye, opposed will vote no, five seconds to be allowed for the voting and the clerk will record the vote. Smith-Ingram I 48 having voted in the affirmative, and 0 in the negative committee substitute Senate Bill 654 passes the second reading without objection be read a third time.  North Carolina General Assembly enacts. do we have any discussions or debate? Hearing none the question before the Senate is the passage committee substitute Senate Bill 654 on its third reading all in favor say aye? opposed no? The ayes have it.committee substitute Senate Bill 654 passes its third reading it will be sent to the house. Senate Bill 699, clerk will read. Senate Bill 699 [xx] home have any information  Senator Makisic[sp?] is recognized to speak to the bill. It's very straight forward bill it simply allows police officer or some of the deputy sheriff to remove their names from local databases as support of law enforcement unaware of any objections to the bill. Do we have any discussion or debate? Hearing none the question before the Senate is the passage of committee substitute Senate Bill 699 on its second reading all in favor will vote aye, opposed will vote no, five seconds to be allowed for the voting and clerk will record the vote. voted aye, 48 having voted in the affirmative and 0 in the negative substitute to Senate Bill 699 passes its second reading without objection be read a third time North Carolina general assembly enact Mr. President Senator Baite would Senator McKissick yield to a question? Senator McKissisck do you yield? Yes Thank you Senator McKissisck before we vote on this for the third reading does this provision also apply to the families who live with the officer in question? It applies to the officer him or first to self but it would benefit the families particularly whose only cover officer someone in law been investigating gang activities because particularly with greater protection any further discussion or debate hearing none question for the the passage of the committee substitute senate bill 699 on it's third reading all in favor say aye, "aye" those no the ayes have it main substitute senate bill 699 passes it's third reading it will be the House.

Moving on to public bills third reading. Senate Bill 647. The clerk will read. Senate Bill 647. Amend Trapping Law. Senator Apodaca, for what purpose do you rise? Mr. President, to send forth an amendment. Senator Apodaca, you can send forward your amendment. The clerk will read. Just one second, Senator, while we scan the amendment, get it up on the dashboard. The clerk will read. Senator Apodaca moves to amend the bill. One second, Senator. Let's get it up on the dash board here first. Dash board or floor board? Floor board. Okay, floor board.   Glove box. Alright just before us senator Apodaca recognized to speak to the amendment Thank you Mr. President members as we reviewed this bill last night we think there's probably going to be some cost on the educational component, we are going to have to place a fee on it education of this aspect, I ask for your support We are having a discussion or debate Senator Block for what purpose do you rise? See if Senator Apodaca would yield for a question I will Senator Apodaca yields Do this conclude people that are currently clapping or just new tram pass Well that's something we are look at when you get this back in your committee thank you senator. Do we have any further discussion or debate on amendment two? Hearing none, the question for the senate is the adoption of amendment two all in favor will vote aye, opposed will vote no, five seconds will be allowed for the voting and the clerk will record the vote. 46 having voted in the affirmative and two in the negative amendment two is adopted the bill as amended is back before the body senator Apodaca. Mr President, motion please? Senator Apodaca for motion Mr president, I move the senate bill 647 be removed from day's calendar refer the committee on that. No objection so ordered that wraps up our calendar for the day Senators we'd like to take this moment and say thank you to our pages who had a very busy week this week, pages thank you very much for serving us and we hope to come back to see us. any notices or announcements? Mr President. Senator for what purpose do you rise? I'd like to be recorded having voted yes on senate bills 132 and 566 Senate Bill 132 changes his vote to yes, the final count on 132 is Senator Walter I'm sorry but you were not present in the chamber for this vote that's why you are not showing on this, you weren't here you weren't present in the chamber at the time vote happened Thank you, do we have any notices or announcements? Senator Alexander for what purpose do you rise? Point of personal privilege. Senator Alexander has the floor for a point of personal privilege. Folks, as you travel home today, and I know it's been a tough week, but 150 years ago there were a lot of people travelling home this past Monday General Johnson surrendered to General Sherman and so the civil war was over. So as we drive home understand that 150 years ago, there was probably two 100, 000, men, women, grey, blue, white, black all headed back to their home, after something that tore our Nation apart about 650, 000 casualties, more casualties in that one ward, than all the other wards we've had combined, so as you go forward remember those people, and also the 100 In 30, 000, more Kalenians prepare in that particular Award. Thank you. Thank you senator. Senators note that before senate bill 647 Everything goes back to Hague, both Amendments will be engrossed before it goes back to Hague Senator Astle, whats the purpose for your rise? An announcement. Senator has the floor for an announcement Thank you Mr. President. Members of Senate, Monday afternoon, at 3 o'clock, Program Evaluation Oversite committee, will be meeting to review the NC Gill Report I want to invite everyone here to attend that meeting for it may be a very interesting, I will leave it that Any other notices now, soon wrap the docket for Appropriacy Rights. Mr President, moment of personal privileged? You have the floor Senator. Thank you Mr President. First I'd like to thank all the members in the chamber for the work and effort everyone put forth this week, how smoothly it ran for the most part, I guess for all parts so I want to personally thank everyone in here.

Also Mr President I encourage Senator Hurts get by the cleaners, evidently we're getting low when it clouds what we have left to wear, and also one last thing Mr President, we have a guest with us today and is Mrs. Lois, Senator Lois wife, is somewhere here, I believe. I hope she didn't see I missed those votes, but I think she's, Is she's here senator Lope, God bless her for a woman, She's gone to the Shopping Mall. Mr. President Senator Tillman, what purpose do you rise? moment of personal privilege you have the floor Senator Senator Lowe you're a freshman and you did law and one thing you told me you like my but after I heard your speech, I knew that you'd changed your mind. You told me in committee you really like it and I said well I judge not how you vote but I've noticed you already. I hope we never miss the president say yea debate between and put both of them in the same category, they are freshmen so they'll improve. They don't know much and they will with all of us. Do you have any other notices or announcements point of personal privilege. Senator.   Senator I always appreciate the things that you share to me and it's because of your wisdom and I'll be a better senator. Before this digresses any further, is for the business to come before the center, if not the Chair recognize Senator Berger for a Motion. Mr. President, this is what happens when you're not here. at 2 o'clock in the morning. Before the motion Mr. President among the personal privilege in addition to some of the other folks we've thanked and obviously the senate members, our central staff does a magnificent job for us and this week the last couple of weeks I don't know about you but if you're up at two or three o'clock in the morning every once in a while an email will pop in from some body and these folks work a lot and they help make this institution run smoothly. So I on behalf of all members of the senate wants to thank our central staff for all the work that they do for us. Thank you senator. And with that Mr President that the senate be adjourned subject to the standard stipulation set forth in senate rule 24.1 the ratification of the bill messages from the house on reconvene on Monday May the fourth 2015 at 7 PM.