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Senate | May 21, 2015 | Chamber | Senate Session

Full MP3 Audio File

Senate [xx] sergeant of arm  close the doors, member to go to their seats member and guests in the gallery please silence all electronic devices. Leading the senate in prayer is the Revered Peter Milner, Senate chaplain, all the members and guest in the gallery, please stand. Let's pray. Lord thank you for a full and I feel like a child full from  thanksgiving meal, let us now depart from this week with energy, good health, good cheer and let us dwell in the shelter of your wing. For you oh Lord hear our prayers and you oh Lord hide us grant these here the heritage of those who fear you as their lives are lengthened by your protection. It's in Jesus' name we pray, Amen. Senator Berger is recognized for a motion. Thank you, Mr. President. The Journal of Wednesday May 20th, 2015 has been examined and it's found to be correct. I move that we dispense with the reading of the Journal and that it stand approved as written. Without objection the Journal for May 20th stands approved as written. we have leaves of absence granted today for Senators Barringer and Rabin senators upon the motion of senator Andrew Burok of Davie, Iredell on Rowan county the chair is happy to extend courtesies of the gallery to Miss state Kate Nolls. Kate if you're with us in the gallery please stand and be recognized, thank you for joining us in the senate today. Ratification bills the clerk will read. Enroll bill.  Enrolling clerk report the following bills duly ratified  for presentation to the governor. House bill 147 enact to update membership of fire and rescue commission to reflect the merge of two organizations to add representation from the state have been in an national association of arson investigators and clarify the powers of the commissioner. House bill 224 an act to amend various laws affecting the administrative office of the court. House Bill 295, An Act to permit the division of  Juvenile Justice of the Department of  Public safety to determine whether it's appropriate to release certain information about an escaped delinquent juvenile. The following bills ratified and properly enrolled and prepared for the presentation to the Secretary of State. House Bill 143, An Act amending  the charter of the city of Charlotte to increase the number of members on the Civil Service Board from 7-9. House Bill 313, An Act to clarify that civil Service Board share their grievances related to the promotion of members of the Fire and Police Departments in the City of Statesville. Senators, we do have a Nurse of the Day with us today, Deborah Parker from Middlesex, North Carolina. Nurse Parker, thank you for serving the Senate today Senator Meredith, for what purpose do you rise? Thank you Mr. President, Members of the Senate, to send forward the committee report. You can forward your committee report Senator, clerk will read. Senator Meredith, from the government committee substitute the passing senate bill 716 unfavorable as the bill with favor as to committee substitute Bill, Study Energy Generation/Transmission. Senate Bill 716, Calendar. Do we have any other committee reports today? Senator Daniel, for what purpose do you rise? To send forth the committee report. You can send forward your report Senator. The Clerk will read

Senator Daniels for Judiciary II Committee submits for passage, House Bill 308, Clarify Reasonable Health Insurance/Child Support, favorable, House Bill 315 committee substitute number one sheriff and landlord tenate rates position charge favorable. House Bill 308, Health Care, House Bill 315 calendar. Any other committee report? Senator Apadoca, what purpose of your rise? Motion Senator Apadoca has the floor for motion. Thank you Mr. President. On today's calendar House Bill 795 simple reform move that it would be brought before for immediate consideration. Without objection so ordered. Thank you. Senators moving into our calendar Public Bills, House Bill 795 Clerk will read. House Bill 795 simple reform. Senator Brlake is recognized to speak to the bill. Thank you Mr. President ladies and gentlemen of the senate. Mr. President. Senator Apadoca what purpose of your rise? [xx] mass communication I move the senate do now send them recess so we can take about 15 minutes please. Senate will send to recess for 15 minutes let's call at 1:30 and So an hour to March 12:30 so we stand and recess till 12:30. Senate will come to order. Sergeant at arms close the doors, members of the gallery will seat. Mr. President. Senator Apodaca what purpose do you rise? When we bring the Senator Browns bill can we have staff to join him on the floor to give him [xx] please. Objection so ordered. Senator Brake is recognized to speak to house bill 795. Thank you Mr. President and it seems like the old time for when I stood up we adjourned so [xx] nothing happened for about five years, but [xx] reform this is a house bill which is for some reason I won't stuff here to make sure we get this right it is from the house, SIP is a state environmental policy that we did in 1971, and it wasn't the is one that we did is not a regulatory reform or body is not permitting process it just allows us to write more and more reports, now I may [xx] senator Bingaman on this my passionate[sp?] bill will have fewer reports to go through which means we save if trees, so there's one thing that we can do, if you look through we've had a good conversation about in committee there's not appeal SEPA, we still have it. We will have more information on that senator Hacksaw is going to oppose the third reading, so we will get to vote on this on Tuesday to make sure all the information is all in and we've gone through it, we've gone through the bill and there's been only a few changes from the house. Mr. President. I know with [xx] this way [xx] Mr. President I'm usually this isn't a problem but it might be now I seem to be lacking Democrats so the way. Hold on a minute We have senator [xx] here ok, good, good, good ok Let the record show senator onclerk[sp?] is on time we can we wait for a minute senator Broke if you don't mind we'll stand at least for a minute and somebody if we can get one of our sergeant at arms thank you senator,  Mr president senator Newton what purpose do you rise? Sent forward committee report, senator lets go ahead and sent forth you committee report good time for that Mr president senator Taylor what purpose do you rise? To ask you a procedural question senator taylor you have the floor, I believe on our desk is something from question for senator John Alexander and if he's going to do a praisal today can he do it the democrats are t least enjoying him anyway can he go ahead and do that clerk will read. Senator Newton for agricultural, I'm

sorry Judiciary one committee to House bill 552 committee substitute number one profited vandalism favorable House bill 570 committee substitute number one facilities successful re-entry also favorable House bill 552 and House bill 570 calendar Senator Alexander for what purpose do you rise? Apoint of personal privilege please. Senator Alexander you have the floor for a moment of personal privilege out of order. Thank you very much Mr. Chairman so I have placed on your desk today couple of documents that have to do with North Carolina History on the top of our fair and on the top of our flag we have today May 20th 1775 some of you may be aware that's the day that the Mecklenburg declaration independence some of you may not not be, but we have a copy of it here for you on that and you may notice that teh secretary to convey to us as John Alexander who is my great. Great, great, great, grandfather and also the first state senator from the of Mecklenburg. Also and so I urge you to read that and what we have in a bunch of bibra and Scott Irish who found out about the battle of Lexington in concord and decided, we Scots and Irish that we have had enough from the English, have had that situation before over the other side of the pond and they got mad again and we have some more of the Scott Irish than the assignment included senator Tucker and senator Mckenzie, and also attached to it on May 20 1861 is the ordinates there where the state decided to seek itself from the union and to become part of the confederacy. I commend this two pieces of history to you. Senator Harrington has a leave of absence for the remainder of the session. So we will come back to order for the third time on house bill 795 and Burok you have the floor. Thank you Mr. President and I'm sorry that the minority part of me missed my long detail explanation that went line by line. senator Clark was here he heard it all, he can inform me about it later. But I'll go back over it again. This is sequel foreign bill which is State Environmental Policy which was written in 1971, there's not repeal but just makes modern changes to it. And since that time and the National Enviromental Policy and also with EPA that was established in the year that I was born in 1974. We've had thousands of state and federal regulations to go in. Why is one reason why we are looking at simple reform is to speed up the state projects that are out there, and we put more and more reporting mechanism into it it slows down project by months by years which cost the tax payers more money. So not only will this cut down on the number of trees we have to cut to make all the paper and for all these reports that are unnecessary, but also it will speed up in the time of construction and state projects that have been lagging behind and also putting additional cost to the tax payers during that time as well. We made some changes one of it was taking the impact with the price of the project from $1 million to $20 million since that time since in the early 70's from $1 million to modernized that number up to $20 million which was more around market rates of projects of that size. Numerous as project are exempted from the existing SEPA, shell fish cultivation, construction of road place connected public schools. There's a lot of downside to SEPA, but this is what the bill is trying to address is to modernize the state environmental policy act but in no way does it supercede any Federal Laws there are already out there. The one thing with SEPA and the staff is on the floor with me today, the one reason why because it is so woven to so many different of our enviromental policies those from a federal side and state side, Senator Hardson was objecting the 3rd reading difficulty may or may not run an amendment because we had to vet the amendment to make sure it doesn't cause any more problems on things we have on this Bill because there are so many different moving parts. So if there's any amendment be nice if we could take a

look at, and maybe run them when we come back on session on third reading, and then that way because one little change in one area will move so many different areas because we're looking at literally thousands of rules and regulations both on federal and state that this will impact, and we're trying just to modernize the reporting policy just to make it quicker or faster so that we can go over it. But I'm glad to answer any questions that you have. Thank you. Any discussion or debate? Mr. President. Senator Bryant for what purpose you rise? Just to debate the Bill. Senator Bryant has the floor to debate the Bill. I want to start by appreciating the work that the sponsors have done in really trying to address a lot of concerns that have been raised particularly in the area of inter-basin transfers, they have done a good job I think in adding in language to maintain the status quo as it relates to inter-basin transfers, and I'm really pleased about that because in my area we have a significant amount of lakes and rivers and so much of our both natural resources and our economic development depend on those natural resources. There are still some concerns I have in that we don't have of a thorough analysis of this Bill even by a dean or other staff to clarify for us what types of projects have no environmental coverage whatsoever. What projects would have redundant coverage for with other They have to acquire or even federal coverage and surely we will want to eliminate redundancy, we don't need that however with millions of I was a public investment. It's still on public land, it is still important to take a thorough look at what the environmental, or impacts are because once that damage is done in most instances is irreparable and not only does it affect our health and safety it also affects our quality of life, and so for that reason I still have some concerns about our H795, and I also would submit the ahead of the amendment of mine, I'll submit that to the sponsors for their review and feedback and wait until third reading as others will but I just wanted to make those comments to the body thank you. Without any further discussion debate, Senator McKissick propose your eyes Speak on the bill Senator McKissick has the floor to speak to the bill. I can understand interest to revisit the size projects in terms of the values in terms of the acreage and things of those details, one that gives me certain amount this bill is a very strong deep concern is the elimination of consideration of secondary impacts, and when I say that if there's a project Is going to impact the traffic in an area, the noise in an area, the property values with joining neighbours those factors ought to be appropriately considered now once those findings are made, it's up for public hearings to occur if necessary for consideration to be given to those to come with perhaps with mitigation measures that will not at so adversely impact those issues that might arise, but to completely and totally ellimate from considaration those types of impacts when you do this kind of analysis I think would be mistaken and most people would feel as if they were, it's going to be a major activity particularly in the size and magnitude we are talking about now, about to take place, that they would certainly want those secondary impacts to be considered because those are the ones that might most profoundly impact them. So I hope as this goes forward Senator Brooks, some consideration could be given to that language in the bill dealing the the secondary impacts no longer being considered. We are having further Discussion or debate? There none The question for the senators passes the senate committee substitute house bill 795 on a second reading, all in favour vote aye opposers vote nay. Five seconds will act for the voting and the clerk will record the vote. Alexander aye 33 having voted in the affirmative and 14 in the negative the senate convey substitute the house bill 795 passes its second reading, senator Hanshaw objects the third reading it remain on the counter. Senators will move back to the front of the calendar with local bills second reading law call Senate bill 141 [xx] 141 raise their next station referendum. Do we have any discussion or debate? Hearing none, question for the

senator passes the committee substitute senate Bill 141 on it. Second reading all on favor vote aye opposed vote no five seconds be allowed for the voting the clerk will record the vote. Bryant Aye, Modelcleck Aye, 47 having voted in the affirmative, and zero in the negative committee substitute senate Bill 141 passes the second reading it will remain on the calendar. Senate bill 218, the clerk will read.   Senate bill 218, Franklin [xx] in ex cession. Any discussion or debate? Hearing none, question for the senator passes of committee substitute senate bill 218 on second reading all in favor vote aye, oppose will vote no, five seconds will be allowed for the voting. The clerk will record the vote. Brian I 47 having voted in the affirmative and zero in the negative committee substitute senate bill 218 passes its second reading will remain on the calendar. Senate Bill 256, the clerk will read. Senate bill 256, voluntary annexation of of Jensen street. Any discussion or debate? Hearing none the question before the senate is the passage of House Bill 256 on its second reading all in favor will vote aye, all opposed will vote no five seconds will be allowed for the voting clerk will record the vote. 47 having voted in the affirmative and zero in the negative, Senate Bill 256 passes its second reading, it will remain on the calendar. Moving on to Public Bills Second Reading, House Bill 232, the Clerk will read. House Bill 232, study update by sequence safety lock. Senator Lee is recognized to speak to the bill. House Bill 232 senator. If I can have at the end of the Calendar I would appreciate that, Mr. President. We'll displace that till the end, house Bill 574, clerk will read. House Bill 574, Opossum Exclusion From Wildlife Laws. Senator Davis is recognized. Thank you Mr. President. This bill is essentially the same bill that we passed last session we just change the date slightly so as a result of this superior court judges ruling in December that presumed that be would be able to challenges successfully the constitutionality of a local bill having to do with this issue so this is just a state bill and I ask for your support. Do we have any discussion or debate senator Jackson for what purpose your rise? To debate the Bill. Senator Jackson has the floor to speak to the Bill. There may not be an appropriation attached to this Bill, but this is going to cost us money, and it's going to cost us jobs, because this is embarrassing every time we enter the land of the absurd our state pays the price their is zero chance, this bill creates jobs, and a decent chance that it hurts our reputation, among the jobs creators. Say you were 25 year old software engineer, you've just graduated and you are looking to start a company that could become the next Google. You think of North Carolina and what pops into your head is that this is the state, that legalized you can do anything to a person for five day a bill, and you decide to start your company somewhere else, because that's really strange, and it makes you uncomfortable. For that reason I'd ask you to oppose the bill. Senator Apodaca for a purpose will you rise, Speak on the bill please, Apodaca has the floor to speak to the bill. As we say up in the mountains, I can see from around this park but. Any further discussion or debate? Hearing none, the question before the senate passes of senate committee substitute to house bill 574 on a second reading all in favor vote aye oppose vote no five seconds be allowed for the voting clerk will record the vote. 38 having voted in the affirmative and 9 in the negative senate committee substitute to house bill 574 passes it's second reading without objection 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 Senate Committee Substitute to House Bill 574 on its third reading. All in favor will say Aye. Aye. Opposed No. No. The Ayes have it, Senate Committee Substitute to House Bill 574 passes its third reading, it will be sent to the House for a concurrence in the Senate Committee Substitute At this time Senator Lowe are you

ready to speak to House Bill 232? Yes Sir. You're recognized, Senator. Ok, this is a simple study bill to study bicycle safety. As many of you know, there's nothing worse than riding behind a bicycle, or on being on a bicycle and riding in traffic, so we want to study this and see, I think it's a great bill to see what we can do to make it better. We have discussion or debate? Senator Apodaca, for what purpose do you rise? To see whether Senator Lowe will yield for a question. Senator Lowe do yield for a question? Yes Sir. Senator Lowe, do you own a bicycle?  I own as many bicycles as you do, Sir. Senator Tillman,  what purpose do you rise? Mr. President to speak on the bill. Senator Tillman has the floor to speak to the bill. No Sir, I have not ridden a bicycle lately, but folks, we have a lot of serious issues down here and we study everything under the sun and one we're going to stop studying everything. I don't know how much it costs to convene a committee to do a study on safety, but I can think of a lot of other things that might need a study, but not this. I'm going to vote no on this study bill. Do we have any further discussion or debate? Hearing none, the question before the senate passes it's committee substitute house bill 232 on its second reading. All in favor vote aye, opposed will vote no, five seconds to be allowed for the voting clerk to record the vote. 45 having voted affirmative and two in the negative committee substitute to house bill 232 passes its second reading without objection will be read a third time. North Carolina general assembly enact. Any discussion or debate hearing none the question for the senate is the passage of committee substitute house bill 232 all in favor say aye. Aye. Opposed no, the ayes have it committee substitute of house bill 232 passes its third reading, it will be enrolled and sent to the governor. senators we did just missed a group that should have announced before that last bill but upon the motion of Senator Alexander he wanted to welcome the High Craft Elementary school, folks here, I think they just left but if you see them around please welcome them to the legislature. Moving on to the third reading, public bills house bill 595, the clerk will read. House bill 595, Military Experience LEO Senate Require. Senator Daniel is recognized to speak to the bill. Thank you Mr. President. I think we discussed this bill yesterday, if you have any questions I'll be glad to answer them, I appreciate your support for the bill. Do we have any discussion or debate, hearing none the question for the senate is the pass of the senate Committee Substitute to House Bill 595 on its third reading. All in favor vote aye, oppose will vote no. Five seconds will be allowed for the voting, clerk will record vote. Jackson, aye, Davis aye, 47 having voted on the affirmative and zero on the negative, Senate Committee Substitute to House Bill 595 passes its third reading and will be sent to the house for concurrence in the senate committee substitute. Senator Apodaca for what purpose do you rise? Thank you Mr. President, motion if I may. Senator Apodaca has a floor for a motion. Mr. President the commerce committee reported in Senate Bill 716 Mount and Energy Act of 2015, I move the role be suspended and be brought before on today's calendar for immediate consideration. Without objection so ordered. Mr. President while I'm up, may I? Yes. All bills that would appear tomorrow and Monday on the calendar I move that they will be placed on Tuesday's calendar. Without objection so ordered. Thank you Mr. President. Senate Bill 716 the clerk will read. Senate Bill 716,  Mount and Energy Act of 2015 . Senator Apodaca is recognized speak to the Bill. Thank you Mr President, member we  had a good discussion in commerce on this bill this morning. Quick summary of this b as many of you probably read this week. The co-fired plant at Lake Julian and Ashful is going to be converted to a natural gas plant with some additional solar panels on the outside of the project where the old plant plant used to sit, or when it's torn down. Anyway we moving forward there's

a few things we need to do since this was part of the coal-ash legislation we passed last year. We need to exempted out at this point, because it is going to take about three year, to build the new plant, and then tire down the old in essence what this bill does, it authorities Duke energy to extend out, the final deadline for the coal-ash removal to 2022 all this and 2022, and that it moves it forward, I think it was 2019. Now, they must receive their certification on the new plant by August 16, of next year, August 2016, and receive utility commission approval for the gas, and notify the commission they are stopping coal  operations. So this is just to allow them to get moving, and let us get moving quickly, on getting this plant converted to natural gas. I'll be happy to answer any question. Do we have any discussion based Senator Daniel for what purpose do you rise? Ask Senator Apodaca a question. Senator Apodaca do you yield? Yes. Senator Apodaca I want know in the definition map energy is Burke County included in that definition? I'm sorry Senator it is not, and I keep telling you Burke County is in the foothills. One day when you grow, you'll be in the mountains. But you might be more akin to Charlotte.  So I would leave it like that, Those inclined to support the bill if you gave the right Are there any further discussion or debate? Senator Hise for what purpose you rise? To speak to the Bill. Senator Hise has the floor to speak to the Bill. For those who are actually in the mountains or for those who travel there, I would say over the last 100 years or so we've kind of become addicted to having electricity. It's something that we very much like in Western North Carolina now that's coming forward, and we like generate the electricity that's coming forward, but we've had a lot of issues with this plan generally some random environmentalist tries to scale it or to attach themselves to the fence or others once a year because of the coal burning that goes on there. I just want to state that this is truly a monumental task for Western North Carolina, the conversion of this plan, I want to thank Senator Apodaca for incredible solutions as he's been able to bring forward to deal with this for Western North Carolina, and for Duke Energy for their partnership in making this happen, and again ask we all do support this legislation. thank you. Any further discussion or debate? Senator Tillman for what purpose you rise? To ask Senator Apodaca a question.  Senator Apodaca do you yield? I do. This is a great piece of work and I know your hands are all over that and I congratulate you, thank you for that. Solar will play a small part in this project will it not? Yes, it would. Thank you sir. Any further discussion or debate? Hearing none, request before the Senate is passes the Committee Substitute and Senate Bill 76 on its second reading. All in favour will vote Aye, opposed will vote No, five seconds to be allowed for the voting, the Clerk will record the vote. 47 having voted in affirmative and zero in the negative Committee Substitute Senate Bill 716 passes it's second reading without objection be read a third time. North Carolina General Assembly enact. Do we have any discussion or debate? Hearing none the question for the senate is the passage of the committee substitute senate bill 716 on it's third reading all in favour say aye "aye" Opposed no the ayes have it committee substitute senate bill 716 passes its third reading and it will be sent to the house. Mr president.   Senator Apodaca what purpose do you rise? Move to be sent a special messenger.  Objection still ordered and that wraps up our calendar at this time we'd just like to say thank you to the pages who've been with us this week. Pages I hope it has been a valuable experience for you we hope you come and see us in the senate thank you so much for your support. Senator Apodaca for what purpose do you rise? Mr. President dish a motion if I may. You have the floor senator. Mr. President we have a move that we sent House bill 595 over by special messenger as well. And so ordered, we have any notices and announcements today. Any further business to come forth to senate now the chair recognized senator Bager for a motion. Thank you Mr president just short announcement before the motion members as you know this's a holiday weekend and so we'll not be having a session on monday what we're going to do is adjourn today to a skelton section tomorrow morning and then we come back with regular schedule on tuesday so, I hope everyone enjoys their weekend,

and with that Mr president I move that the senate will now adjourn end of stipulation set forth in senate rule 24.1 proceed of House messages proceed of committee report and ratification of bills reconvene on friday May 22nd 2015 at 11 Am. The motion at the senate adjourn subject to the stipulations said by senator Bager to reconvene Friday May 22nd 11 AM second by senator Pete all in favor say Aye. Aye. Opposed No the Ayes have it senate stands adjourn.