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Senate | May 28, 2015 | Chamber | Senate Session

Full MP3 Audio File

Senate will come to order. Sergeant of Arms to close the doors, members will go to there seats. Members and guests in the gallery, we ask that you please silence all electronic devices. We in the Senate in prayer as the Rev. Peter Milner Senate chaplin, all members and guests in the gallery will please stand. Let's pray. Lord as I walk this halls and hear talk, concern and love, I just thank you for it. And Lord some people are in surgery even right now and have been in surgery, we recognize that and we ask you to be with them and their families. We thank you for your goodness, you've given us freedom to discuss, freedom to use our brains, freedom to use our reason. And Lord while we  wrestled to day with many challenges. Keep us from the temptation of believing that we've got it figure out. Whether we only battle against fresh and blood. Pour out your anointing here on these friends so that you might make your plan plain and your purposes fulfilled in this great state in Jesus name we pray, amen. OK. Senator Berger is recognized for a motion. Hi, Mr President the journal of Winsley May 27, 2015 has been examined and is found to be correct. I move that we dispense with the reading of the journal and that it stand approved as written. Objection journal for may 27 stand approved as written. We have leaves of absence granted today for Senator Bryant and Hartsell. Senators our nurse of the day is Rosalyn Manuel of Durham North Carolina, Rosalyn Manuel will you please stand and be recognized. Thanks for serving us today. Senators upon the motion of Senator Apodaca of Hendersen County, the Chair is happy to extend courtesies of the gallery to Hendersen Ville Councilmen Jeff Miller. Mr. Miller is a recipient of the Long Leaf Pine. He's founder of Honor Air and has flown over 150, 000, World War II veterans to DC to the World War II Monument, and along with Mr. Miller is Henderson County Commissioner Bill Lapsley. So if you please stand to be recognized, thanks for joining us in the Senate today. And upon the motion of Senator Gladys Robinson of Guilford County the Chair is happy to extend courtesies the gallery to the North Carolina works youth services powered by the Guilford County Workforce Development Board Anietta Frizzle Program Manager students from North Carolina, ANT State University, North Carolina Central University, GTCC and other schools and colleges. So if your with us today, please stand and be recognized. Thanks for joining us in the senate. The senate is upon the motion of Senator Chad Barefoot of Wake County the Chair's happy to extend courtesies

of the gallery to Dr Sandy Gregory, Renee Greogory, Jennifer Shove, Carol latin, Melanie Besen, Yvetta Smith and Martha McDowell of the North Carolina Baptist Aging Ministry. If you're with us in the gallery we stand to be recognized. Thank you for joining us today. Upon the motion of Senator Chad Barefoot of Wake County the Chair is happy to extend courtesies to the gallery to Senator Barefoot"s grandmother Jane Rodgers, and father Sam Barefoot, who's a senior vice president of The Baptist Children's Home of North Carolina. If you're with us as well please stand to be recognized, thank you for joining us today. Senate Barefoot for what purpose do you rise? Sent forth a senatorial statement.  Senate you can send forward you senatorial statement out of order. Senator [xx] do you recognize that a moment of personal privilege out of order as well? Thank you Mr President, the reason why we have special guest with us here today and many of you may not know this, but I represent the area where my family is from, my grandmother is my constituent but I was raised in Thomasville North Carolina one because both mapians education and the other norms would be published together and world care owners it is in all institutions that were started back in 1800 have established a lot of great work to the state and the reason why is to recognize the fifth anniversary of the North Carolina Baptist aging ministry.  It's been provided by the baptist children's' homes of North Carolina and aging adults maintain independence to strong partnerships with more than full powers 4000 baptist churches across the state. NCbum as it is called has been an essential to meeting the needs of aging adults in 96 of North Carolina's 100 counties and has in it's first five years built over 2000 wheelchair ramps, installed 1243 free smoke detectors, and distributed 16000 red bags for medication management in the state. The senaterial statement is before you, and one thing that I would like to point out, is that they do this with the help support of North Carolina Baptist across the state of North Carolina. Thank you. Thank you Senator Ratification bills, clerk will read. In roll bills,  clerks reports of following bill dully ratified for presentation to the governor, Senate bill 114 an act to require the department of health numerous service division of child development, and early education division of social services develop a plan, requiring any custodial parent or other relative or person with primary custody of a child receiving child care subsidy payments to cooperate with county Child Support Services Program, is the condition of receiving child care substitute payment as recommended by the child support sub committee and joint legislative program evaluation oversight committee. Senate bill 311 act to ensure the integrity of marriage records presented for registration. House Bill 113 in  act to protect North Carolina students increasing the criminal penalty for the commission of certain sex offences committed against the students by a person whose a school personnel and to establish the procedure for institutions of higher education to obtain a list of students and employees of that institution who're alleged sex offenders. House Bill 294 an act to make it a criminal offence to provide a cell phone to a delinquent juvenile in custody of the Department of Public Safety, House Bill 513, an Act to make technical corrections and other confirming changes to the general Statutes concerning real properties. House Bill 597, the Act to amend the provisions requiring mediated settlement agreement to be signed by parties against whom enforcement is sort. The Foreign Bill and resolution due to ratified property [**] prepare for presentation into the office of Secretary of State. House Bill 892, an Act to Appoint persons to various public offices upon the recommendation of Speaker of the House of Representatives and the President Pro Tempore of the Senate. Hospital 189, an act to provide for referendum to reduce the size of Rockingham Board of Education for four years from 11 members to seven by rejoining the election district to reduce the number of districts from six to four so that four members are elected by the district and by reducing the number of members elected large from five to three, to change there method of election of the board to partisan and the classify the appointment of vacancies to the board. Senate joint resolution 421, a joint resolution expressing gratitude and appreciation to the men

and women of United States Armed Forces. Senators that takes us in to our calendar for the day starting with local bills, a second reading, roll call, house bill 347, Clerk will read. House Bill 347, Graham Blonk on OCC tax stroke their fire. We're having a discussion or debate. Hearing none ]senate as the passage of senate committee substitute house bill 340 seven on its second reading all in favor will vote I, oppose will vote NO. Five seconds will be allowed for the voting. Clerk will record vote. Tucker, Tucker I, 44 having voted in the affirmative and four in the negative. Senate committee substitute the house bill 347 passes its second reading it will remain on the calendar. Moving on to Local Bill second reading none roll call house Bill 70 for non roll cal. House Bill 70, the clerk will read House bill 70 firefighters retirement Do we have any discussion or debate? Hearing none question before the senate is the passing of the committee substitute the house bill 70 on its second reading all in favor will say aye. Aye. Opposed no. The ayes have it.committee substitute house bill 70 passes its second reading without objection be read a third time. North Carolina general assembly enact. Any discussion or debate? Hearing none question before the senate is the passage of committee substitute the house bill 70 on its third reading all in favor say aye, opposed no the aye's have it committee substitute house bill 70 passes it's third reading it will be enrolled. Mr. President Senator APodaca for what purpose do you rise? Motion! Senator Apodaca has the floor for motion. Mr. President, members house bill 495 on today's calendar OS HR modernisation move that to be removed from days calendar and moved to Wednesday's calendar of June the third. Objections so ordered. Moving on to public bills second bill roll call bill 909 clerk will read. House bill 909 ABC under legistation. Senator Gunn is recognized to speak to the bill Thank you MR President and members. This ABC on members bill has been through and vetted out through commerce and finance it combines eight Bills and or provisions into one piece of Legislation let me just quickly say that, six out of the eight out of these are directly related to pro business initiatives for our entrepreneurs and small business history where state of North Carolina that we care so much about, in essence of time I'm going to highlight this very quickly but I'll be more than happy to address any questions should you have those. Section one has to do with antiques spirits, liquors, I did not realize that this was such a big the business, but apparently is and growing in the State of North Carolina, this allows the ABC Commission to set the permits and the fees to allow people to in fact sell these spirits, these liquors by their ABC special orders. Section two has to do with a product that I just do not think personally and I hope you share that there is a time and place for it in all State, it is part of alcohol, you can read what part of alcohol consists we are going to make this like mini state, the majority of state ain't growing daily, we are going make illegal to manufacture sale transport or consume powered alcohol in the state of North Carolina. Section is just going to give our good friends the Eastern band of Turkey, Indians their own alcohol which controls exclusively on Indian land. Section number four just like our crap rulers and our wineries we have another growing industry in North Carolina and it is the small craft distilleries, this is going to allow each distillery to sell one bottle of liquor to one person once a year, after they take a tour and has a commemorative label and will be a point of sell with searchable electronic records to make sure that they are abiding by the laws that have been established by the commision section five has to do with growers right now we passed a few

years to grow or grow that you can not have a beverages put in a grower which is just a job of [xx] this will expand that law for our growing industries, and allow [xx] any unfortified wine to be done from these kegs and to these containers. Section 6 and Section 7 have to do with helping each other this has to do with alternating proprietorship and contract brewing. It would just allow different entities publish the guidelines and rules to either share their equipment and/or contract with another entity to actually do the brewing for them. Section 8 is as you know the Gulf Industry in North Carolina is booming. This will allow guestroom, cabinet permits just like we have in our major Metropolitan cities Where you have a secured block or if you would like to go get a bottle of wine, or a spirit or some beer, this will allow be extending now to the Gulf courses communities under the restrictions that you see, and should help them as they continue to promote travel and tourism at these Gulf communities MR. President and that is a quick highlight of this Bill. I'll be more than happy to answer any questions. I appreciate every stakeholder that has helped us craft this Bill and would I solicit your support. Thank you. Do we have any discussion or debate? hearing none. Question for the Senate, is the [xx] of the senate committee substitute the House Bill 909 on its second reading all in favour will vote Aye opposed will vote No five second will be allowed for the voting clerk will record the vote aye! No! aye! 40 having voted in the affirmative, and eight in the negative senate committee substitute house bill 909 passes its second reading, and it will remain on the calender Moving on to public bill second reading, none roll call, house bill 222 the clerk will read. House bill 222 retention, elections supreme court. Senator Heinz is recognized to speak to the bill. Thank you, Mr President, and members of the senate. House Bill 222 here before you now, is simply a significant change in the way that we would elect judges for the North Carolina supreme court this would've judges now stand for retention elections beginning in 2016. This would allow any judge who was dully elected and his term was expiring and the year prior to that would still notice that they would stand for retention election. What would appear on the ballot will then be that judge's name and yes or no to retain the judge in the current seat. If they were retained they would serve another eight year term. If they were not retained a vacancy would be created in the position, and would be filled under a normal occurrences and in two years that would be an open seat for general election under our current operations. I'll be more than happy to answer any questions individuals may have on this, but I commend it to you for your support. We have any discussion or debate? Hearing none. Mr. President?   Senator Smith for what purpose do you rise? I'd like to send forth an amendment please. So Smith you can send forward your amendment. Clerk will read. Senator Smith moves to amend the bill. Senator Smith is recognized to speak to the amendment. Ladies and gentlemen of the senate, this amendment simply changes the effective date to July 1, 2017. The reason for this is as senator has mentioned, this is the substantial change to a our electoral process. I feel like just having for the 2016 election would be too soon to inform the voters of what exactly this means. This is a substantive change to our electoral process. As I understands it, if someone files for a retention, then there can't be anybody else running for that seat. I think that will confuse our

voters, I think they will just assume that personal [x] on the post, I think we need some time to actually explain, so we can actually have our [xx] understand what they are voting on. This is a very big change, it takes, actually I think actually takes a way on what, from our electoral process, but least if we are going to do this, we should give time to our voters to be educated on exactly what this means, this is too big change to try and do quickly. Mr. President. Senator [xx] propose your it is time for you to speak, do you have memo remember because I'm subject to by the bill sponsor, but it's my understanding that there's just one Supreme Court Justice who up in 2016 just as Bob Edmunds who he's a republican so this is one justice it will benefit him to me it appears was cravingly political if we make this change very quickly in the first election, when you all develop ID couple of year ago, you put a couple of elections cycle. To do it for this election cycle it's the Justice Bob Edmunds Protection Act, I don't have a problem with retention elections in general but I think to do it in this instance in this way makes it fairly transparent what the purpose is and I think to reassure the voters of North Carolina that we're not trying to control who is on the supreme court that we should make it effective 2018 when there is but democrats and republicans up so I support, thank you. Mr. President, The first thing there is no pop up sure.  Just seen you raising four questions.  It's time for you.  Oh yeah! Senator Seine, you mentioned the one justice that this would reflect who is a republican, are you aware of his age at the present? I'm not.  He's age is just 66 years old. If we were to enact this law at this moment in our history he would be able to serve another term, if he is elected by retention worth 66 plus 8 Senator Stein yield for follow up question. This is going to be embarrassing. What does that show? What if third graders ask adults, I believe it's 74. It is 74. Thank goodness. I'll follow up just a state. This justice that this would affect would be 74 years old so he would not be eligible to fulfil his entire term, so I stand in support of this amendment and urge you to support this amendment but delaying the enactment till 2018, thank you. Senator Hise, for what purpose do you rise? Speak to the amendment. Senator Hise has the floor to the amendment. Thank you Mr. Speaker, present Members of the Senate. First of all, I would take strong disagreement with the character that I believe voters would be confused by this process that's coming over, whether or not to retain a judge in their current seat, it's actually a simpler process, I think there would be more interest and specifically more focus on a particular justice's service and their record as how they have performed in that seat, when they decide whether or not there will be an election and a lot of less of what color card did you pick up when you walked in the polls on election day. Bills that originally came over from the House there were expanding this to Court of Appeals and others, we've limited this just to the Supreme Court but I think 2016 with a single seat is a wonderful opportunity to get this process out there, to make sure it's been sanctioned, and I see no reason to delay this another section, I would ask you to vote against the amendment. Do we have any further discussion or debate? Hearing none requesting for the senators adoption on amendment one hearing none, all in favor of vote Aye, oppose of vote No, five seconds to be allowed for voting, clerk will record the vote. Rayven, Senator Rayven, I. Senator Rayven, No these one are now, anybody else who want 10 years ago, my God 17 having been better than 31 I will Okay, here we go. 16 having voted in the affirmative, we're still not there. Are we good now? Okay, 15.

Having voted in the affirmative and 33 in the negative, amendment one fails the bill, un-amended is back act before the body. Do we have any further discussion or debate? Hearing none, question for the senate is the passage of the senate committee substitute of house bill 222 on a second reading on favourable hi all opposed No, five seconds to be allowed for the voting. Clerk will record the vote. 35 having voted in the Affirmative and 13 in the Negative the Senate Committee Substitute to House Bill 222 passes its second reading without objection. Senator Smith Ingram for what purpose do you rise? To object the third reading. Senator Smith Ingram objects the third reading, it will remain on the calendar. House Bill 274, the Clerk will read. House Bill 274, Retirement Technical Correction Act of 2015. Senator Waddell is recognized to speak to the bill. Thank you, Mr. President. Ladies and gentlemen of the Senate, this is a very simple bill and it really is corrections. Requested by the Department of State Treasurer for the Retirement System, the bill has no significant cost to the State or actuarial impact on the retirement system This bill is designed with just six things. It makes a minor clarification to the definition of employee, but this takes a long time practice of requiring that to be enrolled in the system an employee has to work for thirty or more hours per week, for nine or more months of the year. And it makes two very minor corrections, till recently amended laws to address oversight. It repeals an investment statue that hasn't been utilized since1979, and is no longer needed, because investment are covered under a new law. The bill also conforms to two state statutes, two federal law. Change made to state policy of disposition of settlement funds with Federal Law on exclusive benefits. Conforms a service purchase statute, retirement to Federal Law related to the [xx] of active military, active duty military service. Ladies and gentlemen I ask for your support for passage of this bill, the technical changes as I've outlined, thank you. Do we have any discussion or debate? Hearing none, question for the Senate is the pastor's committee substitute the house Bill 274 on a second reading. All in favor of an I oppose the vote No, five seconds to be allowed for the voting the clerk will record the vote. 48 having voted the affirmative in zero and the negative committee substitute for house bill 274 passes its 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 before the senate is the passing of house bill 274 on its third reading all in favor will say aye, opposed no. The ayes have it committee substitute house bill 274 passes its second reading it will be enrolled and sent to the governor. House bill 291 the clerk will read House Bill 291 hazard material on safe deposit box. Senator Ramon is recognized to speak to the bill. Thank you, Mr. President. Ladies and gentlemen let me first begin by telling you the type of property that we're talking about today. We're talking about property that leads to definition of unclaimed property or what is known as ash treated property. The bill prohibits the content of the safe deposit box or other safekeeping depository from being delivered to the state treasure, until it's determined that the contents of the box don't pose a potential public safety issue, or not specifically regulated by another agency or authority, or not illegal contraband and that they've substantial commercial value. The bill sets out the procedures by which this items can be disposed by the appropriate agencies. I know of no opposition and ask for your support. Do we've any discussion or debate? Hearing none, the question for the Senate is the passing of the committees substitute to House Bill 291 on the second reading. All in favor will vote aye, oppose will vote no. Five seconds to be allowed for the voting and the clerk will record the vote 47 having voted in the Affirmative and one in the Negative Committee Substitute to House Bill 291 passes its second

reading and without objection will be read a third time. The 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 291 on its third reading. All in favor will say Aye. Aye. Opposed No. The Ayes have it, Committee Substitute to House Bill 291 passes its third reading and it will be enrolled and sent to the Governor.  Senator Apodaca, for what purpose do you rise? Mr. President, we need to take a recess for about 30 minutes, say come back at about 12.15 if we could. Without objection so ordered, we'll recess until 12.15? Mr. President? Senator Brown, for what purpose do you rise? Republicans will caucus during the recess. Thank you Senator. Senate will come to order. Sergent-At-Arms close the door as Members Their seats. Members and guests in the gallery, please silence your electronic devices. Senator Apodaca, for what purpose do you rise? Mr. President, motion. Senator Apodaca has the floor for motion. Mr. President. House Bill 465 is next on the calendar, I move that we bring House Bill 640 outdoor here, to Jack Force for immediate consideration. Objections are in order. House Bill 640 clerk will read. House bill 640, Outdoor Heritage Act. Senator Jackson's recognized to speak to the bill. Thank you Mr President. Members this is House Bill 640. It's an effort to preserve, and build upon our state outdoor heritage, and sporting programs. It encourages our youth, I don't know about your children and grand children, but I know my grand children spend more time on the Xbox and the Wee, and it would turn then into couch potatoes. And this is an effort in order to get them more interested in the outdoor, that most of us in this room grew up with experimenting. I used to run after as a horse and we used to do things like that, and play in the dirt. So this is an effort to try and get some of that interest back into it specifically Hospital 640 does some of the following things. It creates an outdoor heritage trust fund, which will be funded by volunteering 2 dollars check out on hunting and fishing lessons as well as outdoor access fees and other fees administered by the wildlife commission creates an outdoor heritage advisory council to oversee the fence once it's established and advice the state agencies on effect that this promotion of outdoor session activity. Section number three directs all sea study of the public land management practices, section number four mentions the three strike rule we will vote for two year for having priviledges of [xx] in the [xx] tresspass for the purpose of earning and I also direct the wild

life resource commission to state the general statutes that provide for the suspension of the [xx] and make recommendation for how they should be changed to provide increase protection for negligence Reckless hunting Section number five that's just of matter of taking fire arms to the exit to the acceptable methods of take when hunting on private lands on Sundays. Section number six raises the minimum weight of adult bears to 75 pounds, it was previously 50 pounds the greater weight simply just gives the bears more time to mature and reproduce. Section number seven extends the breeding season for foxes in the Blade and Lane state park in order to allow them more time to mature and reproduce. And section number eight just encourages land owners and all gunners to reach neighborly agreements, when they're retrieving their dogs and holds the land owners not liable for anything that might have happened while they're there retrieving their dogs, And Mr. President I have an amendment I'd like to run at this time please. It is, it should be only dashboard. Senator Jackson moves to amend the bill. Senator Jackson is recognized to speak to the members. Thank you Mr. President. Members basically just changes in section number seven. It actually backs up the date to March 15th through July the 15th instead of April 1st through August 1st and from talking with folks at Fox[sp?] and also the Wildlife Commission which has the problem with this, it actually would be better for the Foxes and I would appreciate your support of this amendment. Do we have any discussion or debate on the amendment? Hearing none the question before the senate is the adoption of amendment one all in favor will vote Aye, opposed will vote No. Five seconds to be allowed for the voting clerk to record the vote. Root Newton[sp?] Aye, Ruto blue, 43 having voted the affirmative and 44 having voted the affirmative in two in the negative, amendment one is adopted, the bill has amended is back bfore the body, we have any further discussion or debate? Mr. President Senator Robinson what propose your ayes? I want to change my vote to aye, on the amendment Senator Robinson votes aye on the amendment and the final count is. Mr. President the same as well. Senator Lowe also changes his vote to aye on the amendment. 46:0 is the final count. Any further discussion or debate Senator Jackson would you like to be recognized? Senator Smith-Ingram for what purpose do you rise? To send fourth an amendment. Senator Smith-Ingram you can send forth your amendment. One of the first laws in our nation. Clerk will read. Senator Smith-Ingram moves to amend the bill. Senator Smith-Ingram you're recognized to speak to the amendment. Thank you. One of the first laws passed in this nation was passed in the township or passed in the colonial state of Massachusetts. That law was The Old Deluder Act of 1647, and what that act did was provide it for any township, that grew to more than 50 people would be required to institute a Sunday school teacher to teach people the holy scriptures. I believe in honoring the Sabbath, my question is what is your Sabbath? Is it Friday, Saturday, Sunday? And how do I reconcile what I believe in as well as what other people my constituents believe. I represent eight counties in North Eastern North Carolina would benefit tremendously from the extended economy of being able to have hunters to come into our district on Sundays. But seven of the eight counties I serve passed resolutions being fully aware of the language of this bill that would not or prohibit Sunday hunting. I want thank the bill sponsors, and those who have worked diligently on this bill to provide for the option of firearm hunting not starting until afternoon, but as well counties would like to be given a decision of being able to decide for themselves on the local level if we want to allow Sunday hunting. What this amendment does is it extends it to the other 98 counties in our great state two counties are exempted form this bill at the off set that's Wake and Mecklenburg.

Wake and Mecklenburg is usually not affected by hunting. so the eight counties that are far from this will affect I would just like for them to be able to decide on a local level if they want to participate on Sunday hunting. if follows the religious freedom rights of everyone I ask that you support the amendment. Senator Jackson for what purpose do you rise? To speak to the members Senator Jackson has the floor to speak to the amendment. Thank you Mr President, Senator Smith Ingram, I agree with most of what you've said, this bill is predominantly not about hanning, you can already it's just a matter of take and the reason the provision was put in there to, I guess you can say put a more counties offering up ordinances or resolutions just give this a fighting chance to allow to work and see, but after two years they can form a resolution, they can pass ordinances just to prohibit it, but it's just given what I would call a cooling off period to allow the system to work and see if everybody is OK with it and if it's working as planned, and so I would ask members to please vote No on this amendment. Mr President. Senator Stein, for what purpose do you rise? To ask the amendment sponsor a question. Senator Smith Ingram, do you yield for a question? I don't think it involves maths, Senator Ingram[sp?] Does you amendment change the exceptions of Wake and Mecklenburg, the two most urban and dense counties in the State? It does not, it just allows the other 98 counties to also opt in. Thank you very much. OK. Do we have any further discussion or debate on the amendment? Hearing none, the question before the Senate is the adoption of Amendment 2, all in favour will vote Aye, opposed will vote No, five seconds to be allowed for the voting, the Clerk will record the vote. Apodaca No, Berger No Blue, Cook Aye, Anderson Aye 18 having voted in the affirmative in 29 in the negative amendment two fails, the bill as amended is back before the body. Do we have any further discussion or debate. Senator Barack what purpose do you rise? To speak on the bill. Senator Barack has the floor to speak on the bill. I have to disagree with my good friend Senator Jackson when he said it's just a simple method of take. Senator Jackson I don't think you've ever been in a hunting accident, you've never had a bullet go by your head, I think you'll understand that how we feel and understanding outdoor heritage our duty to get our children more to get them outside, and for me in my house in my family is what we on Sunday afternoons after we eat we're in the church in the morning, we eat afterwards and at 12 o'clock jokingly you can say this is a anti baptist. Because they go past 12:30 and Reverend [xx] probably goes up to 1 o'clock if you got the spirit behind you he doesn't it so well that's why they like him at his church, but let's keep the sermon short which a Methodist will like, but you know we talk about outdoor heritage. And for me growing up as a boy, going out with my grandfather, walk in our little farm. Not a big farm and now with my family we do it on Sunday afternoons, and I remember something my grandfather told me when we're talking about memorial day, and military installations he said something to me when I was kid, and he said you'll never forget the sound of a bullet going by your head, and it's the only time he ever mention about really being in danger when he was on war, but we going on property one time me and my brother dove hunting and all of a sudden a bullet went by our head. You know we didn't think about it back then then 11, he was 16. We were out there hunting [xx] mainly sighting in his rifle. But then we're looking at how we things on Sunday afternoon. And then, you know, it might be okay for 1000 acre farm. I don't down from that but to the woods my people have smart farms and the land overtime has been spread up and change [xx] from that run through the property or run through that area. And when we're looking at this language that's put on the bill a lot of the times we think bound it in two dimensions and not three

dimension and I just know in our area really tough to say, we need to go out there and talk them out 500 jobs or whatever. There's a lot of great stuff in this bill with that one session I can't support. Therefore, I can't support the bill and I say lets protect our outdoor heritage, by letting us enjoy being outdoors on the farm and with our families, and I understand how important it is to experience God's creation, I urge you to vote against the bill. Senator Smith Ingram for what purpose do you rise? To debate the bill. Senator Smith Ingram has the floor to debate the bill. Thank you Mr president. Let's stress, still that we're not confused. We do allow Sunday hunting but that's with the bow and arrow. As my colleague Senator Broc has shared, when you're on small farms, which I live on I always reserve Sundays during hunting season to be able to walk through the woods to be able to ride our ATV's and our dirt bikes my children, my nieces, my nephews, people in the community, we all look forward to enjoying the great outdoors and being able to commune with our creator at peace, without the sound of firearms and bullets and the danger of walking through the woods during honey season. Bullets don't names on them, secondly I'll urge that you bring your faith in alignment with your decision honoring the survivors. Senate Jackson for what purpose do you rise? Thank you Mr president to speak on the. Senator Jackson has the floor to speak to the bill. Thank you members first of all senator Brown my dear friend you don't know you don't know all about me yet and I live here as a friend to make that first comment comments you made about me not knowing about the [xx] accident I will not go into it now, but I would like to say this bill you can already shoot a gun anytime you want to on sunday. Sunday sunrise to sunday dark time you can't go out there and you'll find high powered rifle you can fire a shotgun you can fire a pistol you can fire anything you want to this coming Sunday you can go there whether we pass this bill or not, so all we're doing is allowing the matter of take to change in hunting deer on Sunday, we do everything else and we fail ourselves, we fail ourselves folks, we do everything else, we he decide we want to do on Sunday, everything, I can't think of a single thing that in my normal mind I cannot go out and do on a Sunday except go hunt a deer with a rifle or I can go fishing, I can go play golf, I can do all this things, I'm planning to go play with my grandkids kid's play soccer, or basketball, or baseball you cannot have this bill to your religious belief, because folks we take time to do the priorities that we put in our heart and our mind to do, and to limit folks that can't that don't have the time they work six days a week, and folks there is folks that work six days a week, Monday through Saturday to make ends meet, this is just trying to give them the opportunity to have sometime on Sunday afternoon to go hunt deer, and I ask you support this bill thank you. Senator Raven for what purpose do you rise? To speak on the bill. Senator Raven you have the floor to speak on the bill. I'd like to present the comments that Jackson made in another way. I'll start senator [xx] with Massachusetts, my grandfather 13 generations ago was a person who happen to live in Massachusetts in the Plymouth Colony. His name was Stephen Hopkins and he was fined by the pilgrim for playing shuffleboard on Sunday. I thought you might find that of interest, times have changed. However, Senator Jackson hit it just right. Nothing stops us now from the discharge of firearms on

Sunday at our leisure, on big farms, on little farms, next door to our neighbor, within 500 yards of the church or a dwelling, nothing stops us from doing that now. This Bill does to some limits on some of those things, I'm willing to go along with that. But let's talk about today's society, let's just touch on that. Some people do work six days a week, some people work seven. Some of us are grand parents. Sometimes your grandparent only gets that child Saturday afternoon, and Sunday you're going to take them back when they I spend the weekend with him or her on the farm and I hope my son takes my grandson to church, most Sundays. And I hope that he takes my grand daughter to church most Sundays. But during home season, if I'm in my farm and my grandson or my grand daughter is nine years old, or 10 years old, or 11 years old and she looks up at me and she and says, doc I want to go hunting tomorrow morning. I can tell everyone in this chamber docs going to take her hunting tomorrow morning and wants to be able to do it, and I'm going to deliver them home to their parents Sunday afternoon, safe, and they're going to have had their lives enriched by spending a morning in the woods with their grandfather. I see absolutely nothing, nothing in this bill, nothing that you can tie. To for or against your religious beliefs. I just can't make that connection and I've tried. This is  about freedom. This is about the use of your time and of your talents and if what you want not to do and not that you did want to do it and be unable to do is okay? And it's time for us to make the change. I can't come up with anything else sir, or any other way to explain it. It's just time to make that change, and so I encourage everyone to support that. To support our heritage and to support our grandchildren. Thank you Senator Blue has requested a leave of absence. Senator Pete for what purpose do you rise? To speak on the bill very shortly. Senator Pete you have the floor to speak to the bill. Thank you very much. I probably come from an earlier generation than most of you, but I can recall on Sundays except for senator Tillman he's quick to challenge me there. I can remember Sundays in the past when I was growing up, a lot of restriction where placed on us by our parent and our grand parents it makes no difference what we wanted to do, we had to do what the head of the household told us to do and I remember, we could not watch television on Sunday afternoons, we could not go to the movies, we could not roll the grass, there are a lot of things which I though might be fun well not morning grass. A lot of fun things things we were denied on Sundays. Sunday was a special day. Now we have the freedom of thing that we want as Americans thank the Lord will do and we have that freedom but somehow in my heart of hearts there's something taking an animal on Sunday, that doesn't seem to be quite right. I know that a lot of things do go on on Sunday's now some of the things you don't want to think about but we go to the beach we go swimming we play golf fishing all of these these things are open to us but for some reasons hunting doesn't seem to fit into the scheme of things for me and my family therefore I must be opposed to the bill everything else in this bill I can suddenly support but I cannot support Sunday hunting, thank you very much.  Gentleman for what purpose do you rise? Speak briefly of the bill. Recognized to speak briefly on the bill/ Paid just captured in grageous era first of all you didn't watch television in your day they weren't invented then Senator Jackson I'll take issue with you senator because you could play golf if you could play golf. You could play golf on Sunday. Senator Hayes [xx] speak to the Bill. [xx] as fourth speak

to the Bill Thank you Mr. President Members of Senate, I might disagree senator Davis senator Jackson about what the appropriate state policy is are we allowed to do it on sunday but I do feel like going to noon is a good compromise I'm supportive of that that's I would support this bill, one of the things that I want to challenge, is king of some of things that are being said here in this debate, and that this is the intent that somehow you're unsafe being near property where someone is hunting, or that it is moving numbers are quite simple you're mo dangerous getting in a car and driving to the grocery store than being injured by someone The trillium is more likely to course damage to you than someone firing the gun. Honors of someone practice your skills pre plan and prepare as I was trained and I'm sure many of you were before you going to take your shot you're going to make sure you're that's true, you're going to look at the areas where your shot can miss, and what you maybe shooting into or shooting at, that's all aprpriate hunting doesn't work like, Oh! I shot a deer let's unload everything I've got and see if we throw it at it and hope something hits, it's not the way it works. Sometimes that's the way it wants to be portrayed in the debates, that's not the heritage of individuals that have owned firearms, that's not our history, and it does not play out in injuries or damages to individuals and how they occur that this is a risk individuals to be in an area near where someone is exercising their right to hunt, thank you. Do we have any further discussion or debate? Senator Brown, for what purpose do you rise? Just briefly discuss the bill. Senator Brown you have the floor. For me as well this is been a tough bill as the debate has gone on, and I think moving it to 12 O'Clock was a big piece for me as well. And Senator Hartsell[sp?] you're exactly right on hunters, and I think the important piece that  to mention in this bill hadn't been mentioned in this bill is I think when people think of deer hunting you think about hunting with dogs in particular. Well, that's not in this bill. So when you think about the deer hunting piece there's going to be someone out there still hunting, so this will hurt different believe me because I know about dog hunting because in my district it happens quite often. So think about that, it's just an individual probably in his own deer stand hunting on that particular afternoon. So I think that's an important piece it doesn't include the dog hunting. Also the piece on the religious peace, I'm a baptist. Senator Brock, I understand Baptistry sometimes we get out at 12 either, but what's happened in our church is we have a Sunday afternoon church service now. We have three services on Sunday morning, we have a fairly large service. I go sometimes to the Saturday afternoon service, it starts at 5.30 just because my schedule may not allow me to go on Sunday. So things have changed in our society, and I think if I'm going to church on a Saturday afternoon occasionally I'm sure others are doing the same, so again things have just changed in society, and I think the compromises have been made in this bill and is it the perfect bill? Probably not, but at least to the point I feel I can support I think Senate Jackson said it best, and I [xx] would get up and mow grass on Sunday mornings we wouldn't do that when I was growing up either, and that was stuff we just didn't do but I think there has been a lot of work on this bill a lot of compromises I think to the point where I can support it. Any further discussion or debate? Hearing none, question for the senate is the passage of the senate committee substitute the house bill 640 as amended on its second reading, all in favor will vote aye those oppose will vote no, five seconds till after the voting, clerk will count the vote. Birmingham aye 34 having voted in the affirmative 13 in the negative, the senate may substitute the house bill 640, passes its second reading without objection be read a third time. North Carolina general assembly enact any discussion or debate? Hearing none, request senator[sp?] passes senate committee substitute passes house bill 640 on its third reading, all those in favor say aye! aye! oppose no!, the ayes have it senate committee substitute the house bill 640 as amendment passes its third reading amendment will be engrosed will be sent to the house for concurrence in the senate comittee substitute House bill 465 clerk will read. House bill 465 women and children protection act for 2015. Senate Ralon[sp?]

is recognized to speak to the bill. Thank you Mr. President ladies and gentlemen today we bring before you house bill 465 whose intent is to protect women and children and to save lives. I'm going to briefly go over the section one through five session one contains the contents of senator 418, it demands to reference to the age of a victim in a statutory rape case the age has changed to any person 15 years of age or younger. Section two contains the contents of senate bill 489 the Department of Health and Human services child support recommendations which was filed by Senator Hayes it changes the administration of child support services in order to improve the effectiveness and say of declaration in payment of child support to families, and is necessary to maintain federal funding. Section three permit electronic filings of documents in domestic violence  content with cases and allows sharing to be held via video conferences and so in situations this will be a federal emergency expertises, order is needed on weekends or on holidays. Section 4A makes an aggravating sentencing factor to normally committed an offence that is seen or heard by a man who is no accomplished this would be in a sentencing phase judges considering mitigating and aggravating factors. Section 4B clarifies that committing an assault in the manner means the man hear or say the assault  section 4C includes  person from defendant ears or has guided among and those who can protected by imposing conditions of pretrial in cases of domestic violence and this is based on judicial official is setting the conditions on the burn are related are independant, section five expendi cates the crime registered sex offenders can be required to stay away from premises frequented by manners to include Federal crimes  on the crime committed on other States, that are substantially similar to sex offenders under the state of North Carolina. Mr president if you now recognise senator Crovic to the explain the remainder of the bill. Senator Crovic you have the floor to speak to the bill. Thank you Mr. President, section six and seven were also the combinations of other bills and section six is SB302 which was serve the bail for Davis in charge and section seven is the combination of HB465 and senate bill 604 sponsored by myself Senator Randleman and Senator Daniel. Section six of the bill will create a maternal mortality review committee within DHHS and they'll recommend ways to prevent deaths as a result of complications in pregnancy and child birth, and all information connected by the committee will be held strictly confidential it won't to be subject statutes of open meetings, and open records and this section was recommended by the Child Fatality Task Force. Section seven will require that DHHS show annually inspect all clinics where abortions are performed and they'll publish the findings on their website, also requirement in section seven that employees must be 18 years older, physicians must be OBGYN's except case of an emergency. Physicians performing abortions after the 16th week of pregnancy shall record the method that they used used to determine the gestational age of the unborn child ad they will report that information to DHHS physicians performing abortions after the 20th week of pregnancy will record the findings and analysis which the physician base the determination that a medical emergency had existed and will also report that information to DHHS. This information is for statistical purposes only and patient confidentiality will be protected. Also increases the waiting time that is 24 hours to 72 hours after a woman has received her information pertaining to the abortion she is about to receive. Section seven also protects health care providers who object to abortion or moral ethical or religious grounds from being required to the form or participate. Section eight just provides any provision of any act imbalance other provisions will not be affected and we have Peter answer any questions. Thank you Mr. President Thank you

senator, before we move forward, Senator Blue has returned to the chamber. Senator [xx] purpose for your rise? Thank you Mr. President offer a motion Senator Stan has the floor for a motion Thank you. I've given it to the front desk you can put it on the dashboard, it is a motion to divide the question. This bill takes from the house what was an abortion bill the 72 hour waiting period and then and lumps on a whole bunch of provision with senator Randleman and Clark detailed for us they have to deal with things like sexual predators sexual assault and domestic violence those provisions are all common sense, good ideas most of them are about porter Senator Stan excuse me for one second port need to read in this motion I failed to do that so if I the clerk will read then we need to pick up where you're leaving off there. Thank you, Mr. President [xx] House Bill 465 Senator Stan move to pursue rule 28 of the rules of the Senate to revive they question house bill 465 into the following separate pack thta states separate and distinct propositions capable of standing alone proposition one section 1, 2, 3, 4, 5, 6, 7, and  8 of the bill proposition two section seven and eight of the bill [xx] you have the floor Thank you Mr. President So the provision dealing with sexual assault, sexual predators, domestic violence, as I mention we're [xx] common sense, for instance Senator Jackson, Senator Daniel, Senator Birmingham did senate bill 418 added along with senator Daniel senate bill 310, senator Waddel did senator 75, 90 was Senator Jackson, senator Benjamin  my bill as it relates to that nobody ask my opinion whether I wanted my bill put into this simple courtesy will dictate that the bill sponsors will talk to the bill sponsor's of sub provisions of a larger bill that was not done in this instance this are distinct issues anti abortion on one hand and sexual abuse, sexual assault, domestic violence on the other hand the rule states that they be separate and distinct propositions capable of standing alone they certainly are, by accepting this motion we will give everyone on this chamber the opportunity to voice their opinion on the provision over abortion and the opinion on this other provision dealing with sexual assault, sexual predators balance we should not define politics with women's health, I support for the motion Senator Apodaca for what purpose do you rise? To speak on the motion Senator Apodaca speak to the motion. Thank you MR President, members. I appreciate Senator Stan giving us the option to divide thing up, and deal with them individually, but as we all know we blend things together every day here. For instance when you look at the first bill we had on the calendar today. It had the occupancy tax, it had a fire department issue and it had another issue. So we combine things and we do that all the time. So I'm going to ask you to vote against this motion and let's go forward Senator Stan for what purpose for your rise? Debate the motion again please. Senator Stan has the floor to speak the motion. We do deal with multiple issues and multiple in bills at different times, and if Senator Apodaca had sort to break up the issues in the other bill I would have absolutely no problem doing so, I'm just suggesting, asking that in this instant where there are very distinct issues that we divide the question. Thank you. Do we have any further discussion or debate on the motion? Hearing none the question before the Senate is the motion to divide the question on House Bill 465, 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. 17 having voted in the affirmative and 31 in the negative, the motion to divide the question fails. The bill in its original

form is back before the body, do we have any further discussion or debate? Hearing none. Mr. President. Senator Smith-Ingram for what purpose do you rise? send forth an amendment, senator Mark Ingram your can send forth your amendment, clerk will read, Senator Ingram moves to amend the bill. Since we have a leave of absence for senator Sterns, senator Smith Ingram is recognized to speak to the amendment. in the greatest to reference book in the planet, in Leviticus Volume in about appendix 12 versus one through eight it speak of purity codes. When a woman gives birth if she gave birth to male child there is a seven day period that she is considered impure and after that seven days fair addition of 33 more days that the woman must. to be set aside and set apart from the community, and she's considered to be defiled. If a woman gives birth to a female child, I guess she is double impure because she has to wait instead of seven days for male child. days and after for 14 days she waits an additional amount of period until you get to 80 days, this relegated the Hebrew women to second class citizenship, this practice of ultra-sound. I think women from the community making them wait to participate separating them honoring their commitment their brain power their ability to make decisions this amendment reduces the wait time from the proposed 72 hours to 48 hours, now what is the difference between giving birth to a male a child verses a female child that is not relevant, what is relevant is that men in their ability to have a good heart wanting to make laws that honor God and God's creation did the best with their limited ability but they air and believing that this what make women imperial that was the Hebrew tradition but still today we are taking a very difficult decision and to my 38 male colleagues I'm putting myself in your shoes and I'm asking you to put yourself in my shoes and the shoes of women. We have a brain we have bodies, you have no ability to understand stand, this decision that is made by women about their bodies. It is a very difficult decision. It is patronistic, and it is insulting to say that I cannot make up my mind, and that I need 72 hours to consider my options. There have been many emotions that fly around the room, and so in the absence of any empirical data I would ask that you ask yourself why do we want to extend the wait period to 72 hours other than to make it utterly almost impossible for a woman to be able to make that decision in a very difficult moment in their lives. According to the data that we do have there are 25 states in the United States that allow wait period. The 80% overwhelming majority of those 25 states, 80% 20 of the 25 states provide for a 24 wait period. One state provides for an 18 hour wait period, one state provides for a 48 hour wait period, 18 and three states a 72 hour wait period. And all of the data that's out there, there's no imperical data that would suggest that it's medically necessary, mentally necessary, even emotionally necessary to require

a 72 hour wait period. I ask that you bring us comensurate with the other majority of the states, and if we can't support 24 hours, I do believe that 48 hours is a very good compromise. I understand that the majority of us in here are men, but you're making a decision about a women. Right to make a decision and to extend this wait time to 72 hours you are really good us to second class citizenship and you're in and saying that it takes 72 hours for us to make up our mind? I commend this amendment to you whole heartedly and I ask that you support it Senator Crawford, what purpose do you rise? I take issue respectfully Senator Crawford, you want to debate the amendment amendment Yes, sorry. Senator Crawford, you have the floor to debate the amendment. Senator Smith Ingram, I have counselled many post aborted women, and one of the most common things that I hear, is that I din't have time to make a decision, I was rushed I was counseled by other people who thought this was the best thing for me to do. Many of those same women regret that later. In North Carolina if you want to refinance your home, it takes three days. It takes seven days for consent for abortion, I mean adoption, excuse me. 30 day wait for women in North Carolina to be sterilized if their medicate patients, it takes one year to get a divorce. I think women are very intelligent. I think 72 hours is not unreasonable, and this is from the time they receive the information. It can be by telephone, they can call to make their apointment get the information over the phone. They are directed to other facilities that may help them, and they, a lot of those are websites that they can go to and that may take time to manoeuvre through some of that, there are many things going through a woman's mind when she is contemplating abortion, I agree with you on that, I agree that they have given it a lot of thought but I also know that many, many regret it later and wish that they had more time and known what their options were so I ask that you vote no. Any further discussion or debate on the amendment?  Hearing none, question for the senate is the adoption of amendment one all in favor aye, oppose the vote no, five seconds will be allowed for the voting, and the clerk will record the votes. 14 having voted in the affirmative and 33 in the negative amendment one fails the bill unamended is back before the body, do we have any further discussion or debate? Senator Van Duyn for what purpose do you rise? To put forward an amendment. Senator you can send forward your amendment the clerk will read. Senator Van Duyn move to amend the bill. Senator Van Duyn is recognized to speak to the amendment. Thank you. This bill is another attempt by the legislature to play doctor and I would assert that that is not a business that we need to be in. HD 465 requires that any physician performing abortions be OBGYN certified, completely disregarding rigorous training currently undergone for an outpatient procedure with  greater the 99% safety record. Yesterday in committee, several members asked for statistical information to support some of the changes in this bill, and the one reference that was given is the Got[sp?] marker institute, so I went and read their reports last night, and here's what they had to say. To make abortion less frequent what we need to do is make contraception more available, that's why abortion rates have gone down in North Carolina recently partly due to the affordable care act, what bills that limit access to abortion do is not they have no impact of reducing the recurrence of abortion what they do is, they make

abortion more dangerous. They actually make it less safe for a woman. This bill because it will severely, we have counties that do not have an OBGYN. The purpose of this amendment is to make abortion less available that makes it less safe, that endangers women's health and it is totally medically unnecessary so I urge you please to support this amendment. Without any further debate on Amendment 2, Senator Deberky[sp?] propose your ayes send forth the substitute amendment, please Senator Dorky[sp?] you can send forth your substitute amendment clerk will read. Senator Apodaca proposed to amend the bill. Senator Apodaca recognize to speak to the amendment. Thank you, Mr President, members. This was brought forth by the committee chair in the current bill, it has, hang on one second let me give my life and the current bill now says that the defendant committed a violent offense, this amendment removes the violet in this age from 16 to 18, this was an oversight in the original report. I ask for your support. Every discussion and debate on amendment 3. Hearing none, the question for the Senate is the adoption of amendment three on favor will vote I, oppose will vote NO Mr. President Senator Clark, what purpose do you rise? Speak to the amendment Senator Clark has the floor to speak to the amendment. I would like to remind my colleagues that if you vote in support of this substitute amendment, it will under cut that amendment that has been submitted by the member, I recommend we should vote against it. Any further discussion or debate. Senator [xx] for what purpose do you rise? I would concur with - to debate the amendment. You have the floor Senator. I would concur with Senator Clark and point out that the intent of this is clearly to undercut Senator Van Duyn's amendment amd she shared with you some very important data that you will ignoring if you support this amendment and displace it with the substitute amendment this is an amendment that could be introduced anytime why it had had to be introduced to the house clear what the intent of the amendment sponsor 38 counties in North Carolina currently do not have obstretici in practice any of you Mr. President. Senator Roberts for what purpose you rise We need to prefer to keep our remarks to amendment three please Senator if you will focus on amendment three 55 counties will not have obgyns in 2030 the intend of this you're ignoring that if you support this amendment Thank you Senator. Any further discussion or debate on the amendment? Hearing none the question for the Senate is the adoption of amendment three all in favor will vote aye, opposed will vote no, five seconds to be allowed for the voting, the clerk will record the vote. Newton aye. 33 having voted in the the affirmative and 14 in the negative amendment 3 is adopted, amendment 2 fails the bill as amended is back before the body. Is there any further Senator McKissick for what purpose do you rise? To debate the bill. Senator McKissick has the floor to debate the bill. I regret that we did not have a chance to vote on Senator Van Duyn's amendment because it is imperative that through out this state, regardless of where you live, urban or rural areas that there's a person available to perform an abortion procedure. We know that the effect of the bill as it is presently constituted will limit acces to abortions, that's basically it. The purpose of this is to basic limit women's rights to basically choose what they like to do with their bodies and to make it more challenging to make it more difficult. I guess if this body could overturn the lee way they would but they're unable to do so so next thing to do is to put one huddle after another, after another, to make certain that women doesn't have a right to exercise their decisions within the confines of the privacy of their home and communicate into doctors that they use I guess the idea about having either somebody was a gynecologist or optician only perform these procedures is because supposedly it will be more safe or the data is in from over 30 years. The Centre For Disease control, basically has determined that there's a

99% safety records 99% when it comes to abortions conducted in United States so, makes you say why are we chang in here and North Carolinians to expect a problem to North Carolina, well I contacted the legal department North Carolina Medical board raised the question seen with him whether the're any complains of unqualified doctors performing abortion procedures in North carolina within the past two years the answer that came back no complaints or investigations and no public actions have been taken so, we're trying to fix a problem it doesn't exist it only speaks the fact that we're limiting access for women to make the most private decision they need to make relating to their health into their own personal determination is whether they want to go forward with the pregnancy. In other way we making it challenging for those women what were trying to bully and intimidate doctors to make sure the doctors don' t I want to perform this procedures, where we have language in this bill now that will basically require doctors to measure the size of an unborn child seen in ultrasound image of the unborn child which depicts the measurements Dr. Alley to help in reservists to collect the data to try to second guess doctors and the physicians on what they'll like to do. That's wrong, we shouldn't be bullying and intimidating the doctors into not performing the procedures. We shouldn't be limiting women who have access to the procedures. We should be about allowing these women to make these most intrinsically personal decisions that they will ever have to make regardless of what we may think. They have a right to choose and select what they do with their bodies in consultation with their doctors, their families and their friends. And to that in mind I send forth an amendment. The clerk will read. Senator Mckissick moves to amend the bill. Senator Mckissick is recognized to speak to the amendment. This amendment would basically say, is that when it comes to data that these doctors submit to health and human service it is a form now that requires all types of data. Important data that you might want to collect about the center where the procedure is done the history of the patient who is coming for an abortion procedure, but it does not specify, it does not require that you go in there and provide the measurements of an unborn child in an ultrasound which can be very, very intimidating thing for a doctor to do but he thinks he's going to get second guessed if somebody goes and reviews his stuff. What it would do is eliminate he requirement for the ultrasound to be submitted to our our Department of Health and Human Services with the measurement detail all the other requirements that are required today that work well and that worked effectively would continue to exist I have a copy of that form and it's been in place for many, many years now still would identify how that procedure was conducted it would still identify when the pregnancy occurred still identify everything relating to live births or any terminations that have occurred and all the portent information that might be relevant but to the irrelevant data that might have a killing effect on doctors willingness to perform this procedures in addition to all the other requirements that were imposing so we no longer can have those in general practice performing this procedures. It would eliminate that type of burden and requirement and I ask that you support it.  Any discussion or debate on amendment for Senator Krawiec for what purpose do you rise?  To speak to the amendment.  Sen Krawiec has the floor to speak to the amendment.  Thank you Sen. Mckissick he discussed this with me a little earlier ask that you oppose it I have a note here from DHHS and it says ultrasound records are already retained in each individual medical record and are reviewed, absence of the log and this information would be considered an area of non compliance. Senator Mckissick so, I want to make you aware that in North Carolina, we had 55 abortions performed in 2013 that were after 20 weeks. We had 10% 2000 abortions were performed listed as unknown gestation week that those abortions were performed the purpose of this is to make sure that they are complying. As I had mentioned before of counselled women opposed abortive many have told me that they had abortion after 20 weeks. An I said, that's not legal

how did that happen and their answer was, I don't know, I just went to the abortion clinic and got an abortion. That will this from happening. This is only saying, if it's about health care as I keep hearing, and it's not abortion, in my opinion is not health care. There's also a victim, and is the only health care I know of for one of the victims is considered a success when there's death, that's not health care. Health care makes everybody better if it's done right. This will hold everybody accountable, this will make sure, those who do have abortions are getting the safest abortions. They are getting all of the information that they need to they can inform decision, and yes women can do that when they get all the information they need. They make the best decision for them and we want them to get the best care that they can get, and this bill does that. Senator Mckissick for what purpose do you rise? Speak a second time on the amendment. Senator McKissick you can speak to the amendment. Underneath the present standards that we have at our Department of Health and Human Services [xx] its not an exact science, that last thing we want to do, we're already sitting here saying position can't be do the many more, the only thing you do is have a shilling impact about somebody being your second guess about the size or length of this videos or whether the autrasound is accurate or not, based upon the level of disclosure so to get into that department of health and human services did not indicate it they need any more information as currently provided we can stick to what's presently required and do nothing more Any further discussion or debate on the amendment? Hearing none the question before the senate is the adoption of amendment 4 all in favourable will vote aye opposed will vote no five seconds will be allowed for the voting, clerk will record the vote. Newton no 15 having voted the affirmative and 32 in the negative amendment 4 [xx] the bill he has amended is back before the body is on any further discussion on the day senator Pasie proposed to us.  take a break to a bill senator [xx] forward to debate the bill. Thank you Mr. President, members of the senate it's my understanding that the intent of this bill is to provide for the atmost safety of women and children if that is true we must consider what pain and suffering a woman who is suffering from the domestic violence must go through we must ensure that she too is protected under the law and that she's not made to three are necessary days to move forward with what's obviously deeply painful and extremely personal decision and with that Mr. President I would like to send fourth and amendment. You send Fourth your amendment Senator, clerk will read. Senate [xx] Myth move to amend the Bill. Senator [xx] is recognized to speak to the members. President. This amendment allows for a woman who has been subject to physical or emotional domestic violence, to be exempt from the 72 hour wait period for an abortion. If the safety of women is truly at the heart of this legislation, I hoped that you all will support was this amendment with me. Thank you. For any discussion or debate on the amendment, senator Crawvert, for what purpose your rise? Speak to the amendment Crawvert has the floor to speak to the amendment. I would ask that you vote no. We're all concerned and that's what this bill is all about, is about safety of women and children I don't see that the domestic violence piece is appropriate here. There are many ways for that particular woman to receive assistance she needs but I don't think it has anything to do with this so I'd ask that you vote no. Senator Wadell for what purpose do you rise?. To speak to the amendment senator has the flow to speak to the amend. Over my three years here I've had a chance to talk to many of you about my interest in domestic violence violence and for others of you who have never had a chance to share with I was the first man to be trained and serve as a rape crisis

volunteer in Durham and for eight years I carried that pager and worked as a volunteer of rape crisis of Durham answering many calls at all hours of the night in hospitals another situation [xx] and I will not channel victims to directly but it's my trend experience to explain then I began to come for volunteers more directly and the time I worked there we saw incidence of domestic violence increase dramatically and also I have been around the front line with this patient who have suffered and with their families as they've dealt with all kinds of domestic violence so to suggest on how the violence should not be considered as part of this I believe it's this ingenious to those women to those young girls who have suffered the message bounce, I think the famous from the minimal, I need the help, line to ask him the question through this extra days to this bill requires of them it just increases their pain make their decision that much more difficult and is at something we should not be standing on the way of. On behalf of these victims support of senate [xx] amendment. Do we have any further discussion or debate on the amendment? Hearing none the question for the senate is the adoption of amendment five, all in favor will vote aye opposed will vote no, five seconds to be allowed for the voting clerk to record the vote. Ice, no, Newton no 15 having voted in the affirmative and 32 in the negative amendment five fails the bill as amended is back before the body, do we have any further discussion or debate, senator Robinson, for what purpose do you rise? To speak on the bill Senate Robinson has the floor to speak to the bill. At the 18th week ultrasound the technician thought he saw something indicating a problem with the brain, but at the level two scan the technician found nothing wrong, but Kate was nervous and insisted on another level two scan during her third trimester, it turned out that the baby had moderate to severe Dandy Walker syndrome, as well as another brain malformation. If she survives she would have had trouble swallowing and breathing, as she would have been afflicted by seizures, vomiting, choking and multiple spasms, her short life would have been filled with suffering. The parents decided that since they couldn't get the abortion in their state, they flew across the country to Colorado, the mother says when we make abortions illegal I was just talking about making it unsafe, because I would have done anything to get an abortion, I would have gone to back alley if I needed to. I believe it is my obligation as a mother to do whatever I can to make a terrible situation for my children better, I did that for my daughter, I resented very much when politicians try to force me to carry a very sick baby to term and watch her die a slow tortured death just because it defeats, their and not my religious sensibilities. We also know that rape and the occurrence of incest probably the most dehumanising event a woman could experience it is imperative that we make provisions for the woman and her doctor her to make the right decisions. Mr. President I'd like to send forth an amendment. Senator you can send forth your amendment. clerk will read. Senator Robinson moves to amend the bill. Senator Robinson is recognized to speak to the amendment. Thank you Mr. President. this amendment allows for a woman who has been subject to a rape or incest or has a fetal anomaly that will result in an enviable pregnancy, unviable, I'm sorry, pregnancy to be exempt from the 72 hour waiting period it is my understanding that the intent of this bill is to provide for the utmost safety of all women and children if that's true we must not force women who are put through the pain of rape or incest to

sit idle for three whole days relieving those moments. For whether all ready do one of the most deeply personal and had a complicated decision she will ever make. In addition if an expecting mother and father bans their unborn bonciao[sp?], it's not viable outside of the womb, and it's recommended to terminate her pregnancy there are simply no reason for her to be subject to a 72 hour waiting period. This news can be devastating to tro an expecting mother and force her to continue caring the child on an additional three days this is unheard of if the safety of women is truly at the heart of this legislation I know you will support this amendment have any discussion or debate on amendment six, Senator Apodaca to what purpose do you rise? I move that the amendment six be laid upon the table senator Apodaca what purpose do you rise? To second the motion lay on the table. Senator Apodaca seconds the motion lay up on the table, I remind you that the motion is laid up on the table it was a non debatable motion therefore the question before the senate is the motion to lay up on table amendment six all in favor will vote aye opposed will vote no five seconds be allowed for the voting, clerk will record the vote. We have 31 having voted in the affirmative and 15 in the negative the motion to lay upon the table amendment six passes, amendment six fails and the bill as amended is back before the body. Do we, Senator Robinson for what purpose do you rise? To send forth another amendment. Senator Robinson you can send forth your amendment. Clerk will read. Senator Robinson moves to amend the bill. Senator Robinson is recognized to speak to the amendment. Thank you Mr. President the World Health Organization released a new report in March documenting the number of women dying from unsafe abortions worldwide has declined significantly over the last two decades who defines unsafe abortions? As a procedure for terminating an unintended pregnancy perform by persons lacking the necessary skills and the environment that does not conform to minimal medical standards according to the World for Health Organization unsafe abortion is one of the three leading causes of maternal mortality along with hemorrhage and sypses[sp?] from child birth in particular two key factors impact unsafe abortion rates access to contraceptives and to safe abortion services. Extensive research show that behind almost eveyr abortion is an unintended pregnancy. The evidence is clear. that where abortion is legal on both medical and social ground and widely accessible through the formal health system, it entirely state, where it is illegal and clandestine is often unsafe. In other words legal abortions, legal on abortion largely do not affect whether women will get an abortion, but they can have a major impact on whether abortion takes place under safe or unsafe conditions, and therefore whether is jeopardizes women's health and lives, this amendment requires that hospitals collect and present the data in terms of the number of maternal deaths in hospitals, and the cause because you've in place in this bill a committee on looking at maternal mortality, however there is no clear in the bill to have that data collected. So, if you're sincere about us determining why women are dying in hospitals, what the cause are if abortion is in fact unsafe abortions that they get on the street somewhere, and know the research also says the majority Women who're getting unsafe abortions are low income and no right to women. And so as this women will not have access to safe abortions, it will be critical that we collect the data to know, if a woman does in the hospital,

what are the causes, I ask for your support. Do you've any discussion or debate? Senator Bayer for what purpose your rise? To ask the Senator a question. Senator Robertson, do you yield for a question? Yes. So, this portion of the bill, the maternal mortality review committee portion of the bill came to us. This was my bill, it came to us as part of as a recommendation from the child fatality task force. At least all the language in this portion of the bill has been agreed to by the OBGs and everybody. So I'm just trying to understand where these changes are coming from.   Senator Bell Ford it comes from the medical society and medical doctors, and as I understand. I'm sorry Mr. President. You've the floor senator. As I understand it was in the earlier bill that was submitted, not this year but the year before from the house speak on the bill. Senator Barefoot you have the floor to speak to the amendment or?  Speak on the amendment. Of course speak to the amendment Senator. Members of the body I had a hard time connecting senator Robinson's' speech to what is actually happening here in this portion of the bill, all the stakeholders that were involved in this were all on board and I'm not sure what impact this is going to make and this came to us as a recommendation the child fitality task force so with all due respect I would just ask that you vote against the amendment. Senator Hise for what purpose do you rise? Ask Senator Robinson a question. Senator Robinson do you offer a question? Yes. Senator Robinson in your explanation  you  would say, this amendment had ask for individuals to collect the number and reasons for the maternal deaths that have occurred, but as I read the amendment itself, it only has the health care these in hospital to collect the data on the number of maternal deaths occuring well, that does say that my intent with to the research that was numbering and causes so we can make the amendment, but I instructed them in terms of numbering causes, because you're correct, we need to know the causes and if they are related to unsafe abortions. Senator, your highs has for speak to the members. Thank you Mr. President, members, senator would you say that, as I see the amendment is in currently exists, the information will be available through the State already, though our debt records and collections and to report once again in a different area will be unnecessary. Anything further, senator Bradford for what purpose do you rise? To ask Senator Robertson the question. Senator Robertson, do you yield for question? Yes. Would you mind withdrawing the amendment and if someone is depending on, I don't know so much money objecting or not, but if they do, would you mind withdrawing and working with me on that? I don't mind with joining and and if we object the third reading, we can revise and put it in. That would work. You withdraw the amendment Senator Robinson? Yes. Senator Robertson withdraws amendment seven, the bill as amended is back before the body Senator Smith for what purpose do you rise? To debate the bill. Senator Smith has the floor to debate the bill I understand that the legislature passed the law last session, authorizing the commission to study all the requirements around the abortion laws and to come up with a list of suggested rules and policies. I believe the study has been completed and the results are available this study group consisted of doctors and other medical professionals and persons who're knowledgeable in this area Why then are we trying to put in all these restrictions that aren't recommended by this study that you authorized. As I look around this chamber I don't see a great deal of OBG/GYNs or other medical doctors that'll have the expertise to make such rules. We don't need to be making rules on medical issues, where we're not qualified, nor do we need to be telling women what they need to do with their bodies, and their very private and personal issues. Senator Smith Ingram for what purpose do you rise? To debate the bill. Senate Smith Ingram has the floor to speak the bill. This bill has been presented

to us as a comprehensive women's bill. A comprehensive protection of women. Not some women, not a few women but all women. This bill also wants to protect children, born or unborn. Enlight of that, the bill is still defective, this bill does not support all women. It leaves a demographic of women out. This bill cannot possibly probably be comprehensive without the inclusion of the provision of shackling pregnant women we have many ordinances across the state of North Carolina, you can't even tether a dog [xx] [xx] however this bill neglects to include the provision of shackling of incarcerated women. There're pregnant mothers behind bars. There're pregnant mothers who need to give birth, there're pregnant mothers who may be incarcerated that their well-being needs to be protected, the safety of the child needs to be protected, the health and safety of mothers children require but this inhumane, unnecessary and dangerous practice be abolished as a matter of law. I wish to throw another amendment Mr. President. Senator Smith  Ingram you can send forward your amendment. The clerk will read. Senator Smith Ingram moves to amend the bill. Senator Smith Ingram is recognized to speak to the amendment. The amended language includes a section that promotes the healthy treatment of pregnant prisoners and detainees. The language absolutely mirrors the department of corrections, the divisions of persons, the current policy that is in place. The current policy is mirrored, we're merely codifying the policy that is in place. North Carolina, should we include this and support this amendment will become the 22nd state to promote the healthy well being of all mothers and about children, let me tell you about share calling and what it does, it create a major risk throughout pregnancy and postmortem as well as during the process of child. The American Public Health Association exposely states women must never be shackled during labor and delivery. American Congress of Obstetricians and Gynecologists to ensure the end of shackling of pregnant women during labour and delivery, presents that shackle pregnant women in labour engage in this practice to prevent the escape and ensure the safety a prison and medical staff, I don't know how many of my colleagues some of the 50 of us have actually given birth but when you are going through labor and delivery having gone through it three times myself the last thing on your mind is getting up and running and escaping you cannot escape that intense pain having given birth and I myself experience a very difficult pregnancy without no former signs I was in for a routine check, when I was in for the routine check, my blood pressure got very elevated in my seven month of pregnancy with my second child. I was placed by to be trios in the middle of the trios I laid down because I was feeling dizzy I was almost about to fall I immediately started sneezing and I had to be rushed to labour and delivery all went well my son did give an account of what makes softly that depressed his responses and kind of depressed his up gospel initially had I been shackled, I would not be able to covet my fall, I would have damage to myself and to my child. Shackling restricts the mobility it increases a pregnant women's risk of falling and reduces her ability to break that fall to protect herself and her child shackling limits mobility [xx] the risk of thrombolic[sp?] events during that time because

of the rapid cycling of my blood pressure I developed DVTs deep vein thrombosis. Those DVTs broke off and became pulmonary embolisms and I almost lost my life. Had I been shackled and my mobility would have been limited, that exastribates[sp?] that situation particularly if you are experiencing C-Section, once you are cut lower and in the abdominal area you are subject to thrombosis and pulmonary embolisms protects the pregnant women's safety during and after labor and delivery. Shackling can also interfere with the treatment of seizures which I have mentioned, and it makes the entire birthing process more difficult and painful. It places a barrier between the women, and the health care provider. I did a lot of leg work on this bill when it was filed. I met with the appropriate personnel and state the divisions. The division of prisons is on board George Solomon also spoke to Senator Randleman to let her know that he supported this. Because it mirrored the policy. I met with the department of Public Safety Mr. Gayes[sp] and they too support the bill, and will not fight against the bill because it does mirror policy, but in full disclosure, if there was an issue with line if you'll look at the amendment and go to page two. line eight, under line eight, if the doctor knows or other health professional treating the prisoner detainee request for medical emergency reasons. Medically emergency reasons was included to alleviate any problem that division of prisons had with this because initially it did leave that language out and so there was a confusion there to point where there was a feeling that a doctor could arbitrary say I'm going to take the handcuffs off the incarcerated or pregnant woman. The challenge here with this bill as I had mentioned earlier, when seizures occur, they occur very rapidly and for the well-being of the mother, the pregnant woman, and for a healthy pregnancy and the safety of the child. It is very important that if there is an idependend determination that shackling is necessary, it will restrain that shackling that it will prohibit waste shackling as well as leg shackling. The other issue was the period of time where civil action could be instituted and that is on, I'm sorry, that's page 2 as well, if you'll go down to line 27. Initially it stated that file a complaint within then two years of the occurrence and that has been reduced to within one year of the occurrence to bring it commensurate with the policy. I commend this amendment to you, and I ask you sincerely to protect the well being of all women including incarcerated women who can not speak for themselves. Do you support all mothers? Do you support the world being of all children? Then please join me in supporting this amendment and prohibit the inhuman act shackling incarcerated women. Do you have any discussion or debate? Senator APodaca for what purpose do you rise? Mr. President senator Smith Ingram yield to a question. Senator Smith Ingram do you yield? She yields senator. Senator would you be to withdraw this amendment, work with staff today and tomorrow and we'll revisit it Monday night on third reading. Yes sir I will withdraw the amendment. Thank you. Senator [xx] withdraws amendment eight, the bill has amended is for act for the body senator Wadell for what purpose do you rise? I'd like to speak to the bill. Senator Wadell has the floor to speak to the bill Early I presented senate bill 207 and is combined in this bill and concerning aggravating factor valid act before a manner. I did not I intend it for it to be in this bill. I intended it to be something separate and nobody told me until I saw it. here in, so that's quite disappointing. The other thing I wanted to

talk about is the second port you have here on this bill. As mentioned earlier, it is absolutely crucial that we missed the 72 hour waiting period. [xx] and even date [xx] because when a woman has to go through such a tragedy, we must be sure that there are no barriers between her and the difficult decisions and that she faces and those 72 hours are too long. I've counselled with many young women and shelters and high schools and they said to me, they want immediate reaction. In fact when it comes to homicide, that is one of the leading causes of death among pregnant women and as we do all know, pregnancy decisions are deeply controversial and they're highly personal decisions, should be made by women and not men making decisions, or women about the bodies of a woman. And as we all know this bill is truly not the greatest attempt to protect pregnant women and children because it creates many unnecessary barriers when we're trying to make hard and difficult decisions. Without provisions to accept victims of domestic violence, rape and incest is bill does not do what it claims is doing and that's is to protect women. gentlmen of the senate and thinks a lot broken when they are trying to fix them. 72 hours is just too long. we need to think about it and don't fix and not that are not broken. Think about women, think when they make their own decision and not someone else make enough decisions especially men. Is added things for women. Senator Smith has a leave of absence. Do we have any further discussion or debate on the bill? Senator Jackson for propose do you rise? To speak to the bill. Senator Jackson has the floor to speak to the bill. Before we got started this year, I asked your advice on how to get things done in the minority. Here's what you told me, you said Jeff start small, start with what you know. Don't try to spend any money. Fair enough. Using my experience as a former criminal prosecutor, I introduced a handful of bills to close some loopholes in our criminal court. One dealt with statutory rape, another dealt with registered sex offenders. Then I spoke to almost every one of you personally, about this bills as a result I was fortunate to have many members of the majority sign on. Which I deeply appreciated, my commitment was to demonstrate good faith to each of you both out of respect for you and out of respect for the political math I am working with here. So when my bills about statutory rate and sex offenders didn't come up for a vote, I didn't take it personally, I just figured that's the prize I pay for being a young democrat. Turns out it was worse than that. You know we're going to vote against any laws that restrict a woman's right to choose. You see that coming a mile away and you sense the opportunity to plant seeds for future campaign attacks. That why these criminal justice bill, were dragged into these abortion bill. That's the reason and you all know it. Your response to my good faith effort to find common ground is to scorch the earth, think about what that does to my incentive to find ways to reach across the isle. That's how this bill impacts our relationship, but think about how it impacts your relationship with the voters. Good people who agree with you on this issue will look at this and see in your actions exactly the type of conduct they elected you to turn back. And who among you will say sorry Jack, that's just politics. Who among you will stand up and embrace the low road. Despite the low point we're heating right now, I stand ready to work with those of you who never would have put your name on this act if it were up to you. I know you're out there, I understand there might be

too much pressure on you for this bill to have your voice heard, but to all of you who want to put good policy over destructive politics, you still have an ally in me. Do we have any further discussion or debate on the bill? Senator Randomen for what purpose do you rise? To speak to the bill. Senator Randomen has the floor to speak to the bill. I appreciate what senator Jackson has just said we voted on a bill earlier today with house bill 909 which the bill sponsor plainly said was an bill and that several bills have been combined into that bill. The vote was 40 to eight. Jackson was not one of those that voted in the no category, he voted aye, thank you. Do we have any further discussion debate on the bill. Hearing none, the question before the senate is it passes the senate committee substitute house bill 465 on its second reading, 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 Ford, no, Smith Ingram, no, Wadell, Wadell? No. 31 having voted in the affirmative and 15 in the negative the senate committee substitute to house bill 465 passes its second reading. Mr. President. Senator Waden for what purpose do you rise? Object the third reading. Senator objects the third reading and it will remain on the calendar. and senators that finalizes our calendar fo rthe day. at this time will like to take a moment to say thank you to our pagers who had to stand up a long time today and we thank you for your service to the senate and all the work he did in committee [xx] hope you enjoyed your time, hope you will come back to see us. Thank you so much senators do have any notices or announcements any notices or announcements, any other business to come before the Senate. If not the Chair recognizes the Sender [xx] motion Hi Mr. President, just for information purposes so we are going to move to adjourn until Monday 11A. M, 11A. M will be a [xx] session, it will enable the the staff to do some administrative things, we won't take any votes until the 7 O'clock session on Monday. So Mr. President with that I move that senate now adjourned subject to standard stipulation set forth rule 24.1, the ratification of bills and recede of house messages reconvene on Monday June 1 2015 at 11 am. The motion is [xx] do now adjorned to the stipulations stated by senator Burger, to reconvene Monday June, 1st, at 11:00 AM seconded by senator [xx], all in favor say aye has no the aye's have it senate stands adjourned.