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Senate | May 14, 2015 | Chamber | Senate Session

Full MP3 Audio File

Senate come to order sergeant at arm close the doors members to go to their sits members and guests in the gallery sound for electronic devices lead the senate with prayer is Reverend Peter Menoh senator Chaplin all member in gallery may please stand Let's pray. Almighty and faithful God, would you infuse us with your sense of your justice today help us to finish this week well, we ask for your forgiveness for those places we've not acknowledged your movements we need you in places where we feel like oppressed on all sides, you give us relief show up here in this place oh Lord and help us to trust in you in the midst of Gethsemane, it's in the name of Jesus we pray, amen. Senator Berger is recognized for a motion Thank you Mr. President, the journal of Wednesday May 13th, 2015 has been examined and stand to be correct, I move that we dispense with reading of the journal and that a stand approval is written objection the journal for May 13th stands approved as written. Since  we have leave of absence granted today for Senators Heartsal and Smith we also have a doctor of the day and nurse of the day with us. in the senate chamber Doctor John Imber [xx] and nurse Stepheny Rich of Riley are here if you please stand to be recognized, thanks for joining us today Senators, upon the motion of Senator Berger and Senator Jackson, the Chair is happy to extend courtesy this are the gallery to New Life Christian Academy from Clinton. The school administrator Kevin Hazler[sp] and teacher David Joiner are with us. stand to be recognized, thanks for joining us in the senate today. upon the motion of Sen. Pate of Wayne county and Sen. Cook of Beaufort the chair is happy to extend courtesies of the gallery to Mr. Dennis Mercy President of Pitt Community College, Don King from Pitt Community College, Michael Stevenson and Jessica Blake also with the college if you're with us, please stand to be recognized. Thanks for joining us today. We have the reports of standing committees. Reports of standing Committees, Senator Hogan propose you rise.   [xx] to Committee report.  You sent [xx] your report centre clerk  will read Senator Gunn, from the Commerce Committee submits the passage House Bill 130 commit to substitute number one, Davie County Food for Detention Facilities favorable, house bill 405 committee substitute number one, property protection act, favorable.  House bill 130 and five calender. Senator Robin for what purpose do you rise? Thank you Mr. President. Sending forward committee report. Then send forward your report Senator. clerk will read Senator Raven of Bronvick for the finace commitee submits the passage senate bill 513 committee substitute number one, in favor act committee substitute bill number one, the favor act, committee substitute bill number two  North Carolina farm act of 2015. Senate bill 513 calendar, senator takes us into our calendar for the day. Starting with local bills, second reading House Bill 110

clerk will read house bill 110, chair key reservoir, Clay Bodvinkelsnoley we're having a discussion debate, hearing none request before the Senate is the passage of the Senate Committee substitute to House Bill 110 on its second reading. All in favour will say aye. Aye. Oppose no, the ayes have it. Senate Committee substitute House Bill 110 passes its 2nd reading without objection to be read a thirdr time. North Carolina the only similing[sp?] act. We have a discussion and debate, hearing none to further sentence the passage of Senate Committee substitute to House Bill 110 on its 3rd reading. All in favour will say aye" Aye", Oppose no. The ayes have it, the Senate Committee substitute to House Bill 110 passes its 3rd reading. It'll be sent to the House for concurrence in the Senate Committee substitute. Moving on to public bills second reading house bill 237. Clerk will read. House bill 237 will their personal airplanes modify Senator Tom is recognised to speak to the bill. Yes, Mr. President speak to the bill. You have the floor senator. This bill simply eliminates the personal education plans, which are outdated they've been on the books for well we had a moment when I was back there in 1812, and I may remember sitting with these transition teams and looking at this plans [xx] my gosh we've done 12-14 pages on each day and that we can rely on for the rest of the year. The plans that really do their plans on a daily basis and they adjust now with the computer age daily without instructions those are the plans account teachers will tell you if you spend some time talking with them, that these are unnecessary, burdensome piece of paperwork that we need to do away with, that's all it does. Any discussion or debate,? Senator Waddell, for what purpose do you rise? To speak to the bill.  You have the floor senator, speak to the bill.  As I was reading this bill and I heard from several constituents that, and they're concerned about, they don't have any concerns about the changes but they include between here, on the previous bill, eliminates line. 22, 23, 22 and 27 where it talks about parents, and as I've not included parents in this plan for students, we have to understand that parents are the first teachers and anything that we do with students when we want maximum support, we need to have parents involved and with that I have an amendment Please send forward your amendment senator. Senator Wardell do you have the original copy of the amendment? Please we could send that one forward. Yes. Thank you. Senator Waddell moves to amend the bill. Senator Wadell is recognized to speak to the amendment Okay the amendment number one moves to amend the bill on page one, lines 27 and 28 by re-writing the lines to rearents should be included in the implementation and ongoing reveal of the intervention, implementation, and that's the way it reads. I ask for your support. Do we have any discussion or debate? Senator Tillman for what purpose do you rise? Speaker on the amendment. [xx] [xx] speakers amendments. Those are involved in everything that the teacher does, they are in every boards, progress report this is done throughout the year, but if it's done on a document that's in seldom use, it's done at the beginning of the year if we're doing away with PEP's, why would we say we're going to involve somebody on PEP?  We're not. They are being eliminated so, that doesn't pertain to this bill at all if we're eliminating the very plan she wants the parents to be involved with with I'd say we all vote against the amendment. Any further discussion or debate? Hearing none the question for the

senate is the adoption of amendment favorable vote aye, oppose will vote no five seconds will be allowed for the voting and the clerk will record the vote. Newton, no 18 having voted in the affirmative and 30 in the negative, amendment one fails, the bill an-amended is back before the body, any further discussion or debate? Senator Davies for what purpose do you rise? Send forth an amendment. Senator Davies, you can send forward your amendment. clerk will read Senator Davis moves to amend the Bill. Senator Davis is recognized to speak to the members. Agreed. Thanks Mr. President and Members of The Senate. We often talk about simple amendments to simple bills on that that simple but I'm going to explain it in a simple term and simple way the way they bill currently is what we will the seat teams will actually put in place transition plans. What this amendment would simply do would require seat teams to put in place plans to include transition plans I ask for your support Representative Al Murphay[sp?], primary bill sponsor supports the VPI is in support, the DPI is in support, NSE and I do again ask for your support Senator Telman purpose your rise?. Speak on the amendment there's nothing wrong with this amendment whatsoever Senator Davis I'm in favour of anything Wiggins through the smooth transition we already do those things but if you want to be crystal key player I we put it in this amendment and in this bill and I think it's fine to do so.  Do you have any further discussion or debate? Hearing nie the question before the senate is the adoption of amendment two on favor vote aye oppose no, five seconds be allowed for voting, clerk to record the vote. Newton I Brian I. 48 having voted the affirmative zero in the negative amendment too, is after the bill, as amended is back before the body, is there any further discussion or debate? hearing none, requesting for the senate to pass as a committee substitute the house bill 237 as amended on a second reading, all in favor of vote aye, all oppose of vote no, five seconds clerk will record the vote Brian I 47 having voted in the affirmative and one in the negative, the committee substitute house bill 237 has amended, passes its second reading without objection to be read a third time North Carolina General Assembly Enact.  Any further discussion or debate? Hearing none the question for the senate is the passage of the committee substitute house number 237 as amended on its 3rd reading, all in favor say aye, aye oppose no, the ayes have it committee substitute the house bill 237 has ammended passes as third reading, the amendment will be attachment, it will be sent to the house for concurrence on the senate amendment house bill 434 clerk will read.   House bill 434 a handicapped park met recertification Senator Pete is recognized to speak to the bill. Thank you Mr president this bill started out with a each enquiry from Peep County and to look at it appear that it struck my head state quite application so house bill 34 is enforced today what it bows down to is handicap tags for people who have medical problems do not require medical re-certification this are the tags the go on cost the handicap removal wind shear placards however require a medical re-certification every five years so this bill but eliminate the re-certification requirement if the applicant is deemed totally and permanently disabled at the initial certification which seems to be common sense it's not going to cost any money to make these adjustments and no one opposition to it what so ever just a good common sense bill I urge your support, further discussion debate. Hearing none the question before the

senate is the passage of Committee substitute to House bill 434 on second reading all in favor vote Aye below five seconds be allowed for the voting clerk will record the vote Burger Aye, Newton Aye, Brian Aye, Jackson Aye, 48 having voted on the affirmative zero in the negative committee substitute House bill 434 passes a second reading without objection be read third time North Carolina [xx] Do you have any discussion or debate? Hearing none, the question passes the committee substitute house bill 434 on it's third reading all in favor say aye, opposed no the aye's have it committee substitute house 434 passes it's third reading it will be enrolled and sent to the governor. House bill 878 clerk will read, House bill 878 expand board of trusties school of science and math. Senator Hise is recognized to speak to the bill Thank you Mr. President members of the senate. This bill you have before you today actually began with the student government at the North North Carolina school of science and math. What this bill does is quite simply would allow the student body president science and maths as well as tour and ex official members to join the board of trustee of the school to make the school with all other members of the university system, that it exists I'm going to allow those students to give their input operation because what we consider rational will still remain on none voting member I appreciate your support. Do we have any discussion or debate? Hearing none the question senate the passage of committee substitute the house bill 878 on it's second reading all in favor vote aye oppose the vote no, five seconds realized for the voting, clerk to record the vote 48 having vote in the affirmative and zero in the negative committee substitute the house article 878 past the second reading without objection be read for a third time. North Carolina General Assembly Act. We are having a discussion debate, hearing none, questions for the senate is the first committee substitute house bill 878 on it's third reading all in favor say aye. Aye. Opposed say no, the ayes have it, committee substitute house bill 878 passes its third reading it will be enrolled and sent to the governor and senators upon the motion of senator Ralph Hise of Metro County the chair is happy to extend courtesies of the gallary to students from the North Carolina School of Science the math and their  vice chancellor brought in there. This students are graduating seniors and all hold elective positions within student government. Would you please stand to be recognized thanks for joining us in the senate to day. Mr president. Senator Blaise  for what purpose do you rise? To send forward a committee report out of order Sir. Senator you can send forward your committee report out of order clerk will read. Senator [xx] two committees some extra [xx], House bill 659, controlled substances up guard because or less, terrible. House bill 659, calendar. Mr. President Senator Abadaka what purpose do you rise? Mr. President, next bill on the calendar, HB597 midday settlement agreements, we need to move back to next Wednesday, 4.20 please. Objections are in order. Mr. President. Senator Barack for what purpose do you rise? To make a motion. Senator Barack has [xx] for a motion.  Having defended with the prevailing side on House Bill 110, move to reconsider the third rating, and then to object to that, and carried over to Monday night Sub moved Senator, over one second Senator did you say Monday? Monday, we have an amendment that is not completed yet. Very good, without objection, so order House bill 110 will be placed back on the calender. Senate bill 445 for concurrence clerk will read. Senate bill 445 birth law. Senator Cravat is recognized to speak to the bill.

Thank you Mr. President. Senators the only change that the house made in this bill was the effective date, the act will become effective upon the signing by the governor but the penalty phase will not begin until the original date which is December of 2015 so I ask that you conquer with that change, Senator Clark I ask that you conquer to having discussion or debate hearing none their would be one electronic vote for concurrence all in favor vote aye oppose vote no five seconds to be allowed for voting, clerk to record the vote 48 having voted in the affirmative, and zero in the negative the senate conquers and house bill committee substitute senate bill 445 it will be enrolled and sent to the governor,  Mr. President  Senator Apodaca for what purpose do you rise, motion please, Senator Apodaca has the floor for a motion Mr. President earlier house bill 130 Deby county to prisons, I believe what's the title it was a redian[sp] from comedy, I moved the rose three suspended to the end of the Big Brother force suspended for immediate consideration.  house bill 130 senator  senator. Yes Sir. Thank you. File objection are ordered Introduction bill clerk will read induction bill house bill 130 committee substitute enact to authorize daily county contact with the local board of education for the provision of meals to inmates in the county detention center refer you've heard the rule house bill 130 clerk will read Mr clerk you do not have to read the again we've already done it we're good senator Apodaca going to speak to this who's going to speak to this? Well senator Brown is recognized to speak to House bill 130 Ladies and gentlemen of the senate, this is a time sensitive bill. This allows the Davie County sheriff and the commissioners to contract with the local board to cook meals for the prisoners when we do have them in the Davie County Prisons. We have great schools and it's not cruel and unusual punishment we've got really good cooks in our schools too. However, it is that for us to provide a kitchen and everything in our detention facility will be cost prohibitive in our county because of the total cost of it. So, just asking for this and it's time sensitive because the current contract we have runs out next week thank you.  Do we have any discussion or debate on House Bill 130? Hearing none, the question before the Senate is the passage of the Committee Substitute to House Bill 130 on its second reading. All in favor will say Aye oppose No, the Ayes have it.committee Substitute to House Bill 130 passes its second reading without objection, it will be read a third time. North Carolina General Assembly enacts any discussion or debate? Hearing none, the question before the Senate is the passage of the Committee Substitute to House Bill 130 on its third reading. All in favor will say, Aye.  Aye Oppose No, the Ayes have it.committee Substitute to House Bill 130 passes its third reading, it will be enrolled. And that wraps up our calendar. Senator Apodaca, for what purpose do you rise? Mr. President motion, please. Senator Apodaca has the floor for a motion. Thank you, Mr. President. Mr. President, Members. Senate Joint Resolution 714 honoring Duke's NCAA Championship will be heard in a joint session next Tuesday at 2 P. M. We're all excited to have Duke here, and we're also not excited, but we're going to ask the House to come over, and so you might want to lock your drawers before they get here, OK I'm sorry. I move to suspend Rules 40 and 40.1 to the end that Senate Joint Resolution 715 which was filed today introduced and brought to the floor for immediate consideration.  objections are in order, clerk will  read. Senate bill 715 join me to honour the new university men basket ball team for winning the 2015 NCAA championship. sponsors senator Apodaca. Senate join resolution 715 clerk will read sent John resolution 15 join resolution to honour do basket ball team.

 Senator Apodoca is recognised to speak to the resolution. Mr. President I think we know what it says I ask for your support.  Any discussion or debate hearing the question for senate is the passage of senate joined resolution 715 on its second reading all on favour will vote aye oppose will vote five seconds will elapse the voting clerk will record the vote. And the guy, blue eye 48 having voted in the affirmative and zero in the negative. Senate joint resolution 715 passes it's second reading without objection be read for a third time. North Carolina General assembly act. I N discussion of the debate hearing none supposed the senator passes senate joint resolution 715 on third reading on favor say aye, oppose no, the ayes have it senate joint resolution 715 passes its third reading senator Apodaca your purpose arise? Send a special message due to the House, please? With objections so ordered will be sent a special message to the House. Senator Apodace unless you have any further motion that will be off for the calender of the day, OK agreed. At this time we'll like to say thank you to the pages for this week we know you're busy in committees and we appreciate all your help this week and thanks for serving the senate do we have any notices or announcement senator Smith what purpose do you rise. Thank you Mr president for a point of personal privilege. You have the floor senator. Just want to make the senate aware that this's national enforcement officers week and tomorrow May 15th is peace officers memorial day, my home county of Robinson lost a very good police officer officer Goodman a couple of years ago killed in the line of duty and this chamber graciously passed earlier in the session a bill that will allow his custodians son to receive free tuition at our university system. I'd just would ask tomorrow we all take a moment to remember and honor the fallen police and officers that have been killed on a line of duty. Thank you Senator. Senator Bryan for what purpose do you rise? Announcement. You have the floor senator. The Asparagus will call this middle  session. Any other notices before now? Mr President. Senator Raven. for what purpose do you rise? Moment of personal privilege. Senator Rayburn you have the floor for moment of personal privilege. Every one know that there's enough doom and gloom out there, and I find I only found what I think is some good news, I would like to share with you. The Chief Executive of this magazine every year runs a survey this year 511 CEOs across the country participated, and this is the one ranks the business friendly state it looks at three categories actually, it looks at taxes and regulation, it looks at the quality and work force. It's and living environment that includes all of the things that we hold dear like education, cost of living, affordable housing, social amenities and low crime rates the result for 2015 are ran as the person on TV says, Texas remain the best for a number of reason followed by Florida and guess who was third, we have moved up again to be served nationally on the rankings on the State of North Carolina. I think that's real good news considering we were in the middle pack or lower in 2009, third nationally ain't bad and we still got room to improve and I know we are going to stay with it, it might reflect also on the rankings of the tax on the spend state around there. Would you believe New Jersey, Illinois and New York and California are the final four in that particular tournament for as I am concerned with their progressive policies they'll probably stay there. The bottom line the data suggests our conservative strategy of being physically responsible, business-friendly and having a job and economy focus on the rights of strategic elements for economic recovery, I did get some more of the application there it was such and that's why we counted the other day. Low and behold the apeggy of the economic goodness around 1999 and 2000, the chambers commence at 625 business session enrolled. As parliament agree in 2008 and 2009 and the number had fallen to 345 just 2010 and up to 2015

the new count is 429 in slicing and shooting for 500 this time to verify that we are indeed economically sound at this time moving in the right direction and tactically sound. I think we should all be proud of the work we've done. I know I am thank you very much. Senator Magnus[sp?] for what purpose do you rise? Point of personal privilege. Magnus[sp?] You have the floor for a point of personal privilege. Thank you very much. Ladies and gentlemen of the senate I'd like to bring your attention to the fact that at 11 O'clock this morning the North Carolina Wildlife Commission, the North Carolina State Highway Patrol and Mothers Against Drunk Driving kicked off their fifth Annual On the Road, On the Water Don't Drink and Drive campaign. This is a very important campaign and pain because the single best safety tip for every boater in our state is to wear a life vest. North Carolina this year as already recorded 15 boating fatalities, and many of those could have been prevented by wearing a life vest. Of course We in the North Carolina know the value of the headers[sp?], we have required by law that children younger than 13 years be required to wear Excuse me, may I unaprove [xx] whenever they are on their recreational vessel on the water in the Wear Nile[sp?] State. Tomorrow, will be wear your life vest to Sports day, and we challenge everybody to remember the safety issues of boarding. We ride on the top of starting our Summer vacation, drinking and driving, drinking and boating do not work. Our folks in law enforcement are going to be out in force to protect our laws and look after the citizens that are on the roads and on the water, and I challenge you to help participate in this program. Thank you, Mr. President. Senator Alexander, for what purpose do you rise?  Point of personal privilege please Mr. President.  Senator Alexander, you have the moment for a point of personal privilege.   [xx] OKay I've just been alerted that some have a long drive, and they probably have missed lunch as well. It has been 70 years since the first Victory in Europe day was marked on May eigth, 1945 bringing an end to the second World War. Celebrations erupted across the world upon hearing of Germany's surrender, and more than one million people celebrated on the streets to mark the end of the European part of the war with street parties of cheering crowds dancing and singing. After the suicide of Hitler on April the 30th 1945, his successor as the President of the Third Reich, Admiral Dönitz was left to surrender. One week later, shortly before three A. M on Monday May the 7th Donitz sent German Alfred Jodl to sign the unconditional surrender in Reims, France in the presence of authorities from Britain, the United States from to Russia, the act of military surrender was signed on May eigth, in Berlin. On the evening of May seventh, the British Ministry of information made a short announcement in accordance with the arrangements between the three great powers, tomorrow Tuesday will be treated as Victory in Europe Day and will be regarded as a holiday. Thousands took to the streets to celebrate the first news. I'll go to page two, We may allow ourselves a brief piece of rejoicing Churchill to the British people, But let us not forget for a moment the toil and efforts that lie ahead. Japan with all of her treachery and greed remains in terms of unsubdued. We must now all devote our strength and resources to the completion of our task both at home and abroad. Across the free world communities sing and dance but for the mini morning who mourns, mourning log once killed our service the victory was mugged with sadness. But today for everyone brought in two years of misery, cards and adjourns and we were rationing was still in place the May eigth day was the day for many and too many to finally let the hair down a sign of better times to come in the United States BE day was marked by President Harry Truman's 61st birthday. But flags remained at half-mast for the passing Franklin Roosevelt just weeks earlier. Massive celebrations took place in Washington, New York's Times Square, Los Angeles, Miami and Chicago. Three months later, the Victory in Japan Day ended pacific conflict for Japan after they announced their surrender on August the 15th, 1945. It was then the 2 million American servicemen and women could return to the land that they loved, and the land that 444, 000 Americans died for to defend its freedom. It was then that all Americans could enhance and concentrate their efforts to build the greatest nation the world has ever seen, our United States of America. Thank you. Senator McInnis, I think you have every right to pass the oximeter on. Senator Alexander.

Mr. President. Senator Rabin, for what purpose you rise? Another moment of personal privilege this time without notes but I can feel like I have an obligation here when we were talking about the celebration Senator I happen probably the only the person in the room that would admit that he was old enough to be there and kissed a few girls than myself. The real lesson that we learned was that the melting kind of approach in the greatest generation with the things that have held us together. You have never seen national will like you saw or like I witnessed an experience at that time we have never been a dreaded nation I hope we can get back to that again by going back to the the way in the south hoped that we gave each other during that time of trial and tribulation. It was not easy, it was a hard time everybody participated even I as a young person run around the like in a little field head on and collecting aluminium and paper and stuff like that for the war effort. You have never seen total effort like that before. We have to figure out a way to get back there where again instead of following the divisive Slominski Principles that are being followed by some in this country right now. We are one people I believe that we all Americans enough to say we're all Americans and get on with it. Thank you very much. Senator Berger is recognized for a motion. Mr. President. Senator Daniel, just for what purpose do you rise? A point of personal privilege. You have the floor for a point of personal privilege.  Understanding that Senator Apodaca has a long drive today but also having never achieved the rank of the arts-meter I though I might address the body  that all of us leave our homes and our families behind as we come down here to serve, and so some time it's nice when you have a little bit of home that you can bring with you so I just wanted to publicly recognise and embarrass my daughter Brenda Daniel, and just let her know that while I appreciate all the pages for what you've done this week I certainly appreciate what you've done and it's been wonderful to have you down here with me this week, and thank you for your service in the Senate. Senator Berger is recognized for a motion. I was present just grad you looks like a mother. Mr. President, I may move that the senate adjourns top to the standard stipulation set forth ion senate role 24.1 to receive the appeals messages and Committee Reports and the replication of bills to reconvene on Monday May 18, 2015 at 7:00 PM. The Motion of the Senate is now adjourned subject to the stipulation stated by Senator Berger to reconvene Monday, May 18 at 7:00 PM Seconded by senator Black, all on favor say aye, oppose no, the ayes have it, senate stands adjourned.