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Senate | June 3, 2015 | Chamber | Senate Session

Full MP3 Audio File

Senator Barger is recognized for a motion. Thank you Mr. President, the journal of Tuesday, June 2nd 2015 has been examined and stand to be correct, I move that we dispense with the reading of the journal, and that is and approved as written. [xx] objection the journal for June 2 stands approved as written? We have leave absence granted today for senators Blue and Rabon. We also have a nurse with us today from Greensboro, North Carolina, Nurse Carol  [xx], Nurse [xx], thank you for joining us in the senate today. arol Senators upon the motion of Senator Jeff Tarte of Mecklenburg county the chair is happy to extend courtesies of the gallery, to the Charlotte City Council members, Ed Driggs, Clair Ferllen, Kenny Smith, Lelona Mayfield, and Greg Fitz. to extend courtesies of the gallery to Dr. Caron Canon of The North Carolina Leadership College of The Medical society. If you're with us please stand and be recognized. Upon the motion of counties is happy to extend of the gallery Mrs. Wendy president of the of the queen and revenge Carolina who are visiting today with an exhibit for the queen and revenge in the 1100 quad of a legislative building, so if you're with us today please stand and be recognized. Thanks for joining us. Following the motion of senator Bill Cockim, Voke county the chair is happy to extend courtesies of the gallery to Miss Jack Van with the concern women for America of North Carolina. If you're with us in the audience Jackie please stand and be recognized. Thanks for joining us. and once a gain upon the motion city council members ken smith who want to make and Greg Phelps. Thank you for joining us today on the senate. Senator Apodaca, for what purpose do you rise? Motion related to the calendar Sen. Apodaca you have the floor for your motion. Thank you Mr. President members house bill 495 OSHR modernisation as cannot todays calendar can it be removed calendar and put on Tuesday the 9th of June. Objection so ordered. Do we have any reports to standing committees? Senator Stanford for what purpose do you rise? To send forth a committee report. You can send forth your report senator, clerk will read. Senator Stan for the insurance committee semester passage House bill 16, committee substitute number one, unfavorable estimate substitute bill number one, favorable to senate substitute, repair outdated reports. Senate bill, house bill 163, committee substitute number one captive insurance amendment, favorable. House Bill 190, Committee Substitute number one, State Health Plan Modification, favorable House Bill 262, committee substitute number one, surplus lines amendment, favorable. House bill 16, 163, 190 and 262 calendar. Senators upon the motion, the senator Ford and  Jackson in Mecklenberg county, the Chair is happy to extend courtesies of the gallery to students from Lake Liley Elementary School. Please stand to be recognized, we're glad you're here today. Mr. President. Senator Brock, for what purpose do you rise? To send forth a conference report. Senator you can send forth your report.

The clerk will read. Conference report, to the president of senate the speaker of house of representative. The confer reads appointed to resolve the difference between the senate and house representative, house bill 795 entire will like to be from the state environmental PCS these house senate agree to follow amendment to the senator environmental resources.committee substitute adoption five 2015 So let us take take this for a calendar fro the day, start with one local bill second reading house bill 279 clerk will read. House bill 279 Wake city local board of acquisition review.  We are having discussion or debate? Mr. President. Senator Baringham you have the floor. Thank you Mr. President this they have wrangled a danger call to adapt senate bill 252 unanimously from this body it comes to you unanimously from the house and there is no opposition I'll be happy to answer any question and I appreciate your support.  Do you have any further discussion or debate? Hearing none the committee substitute house ill 279 on its second reading, all in favor will say aye. Aye. Opposed no, the ayes have it, committee substitute house bill 279 passes second reading without objection be read a third time. North Carolina general assembly act. The discussion of the debate hearing none passage of the committee substitute house bill 279 o its third reading, all in favor say aye, oppose no, the ayes have it.committee substitute house bill 279 passes third reading will be enrolled. Moving onto public bill second reading, house bill 352 the clerk will read. House bill 352. standard of proof public safety at this budget. Senator Davis is recognized to speak to the bill. Thank you Mr. President, ladies and gentlemen of the senate, house 352 the genesis of this bill came from a civil law suit that was heard in 2013 by the North Carolina court of appeals, they ruled that a 911 telecommunicator you're not qualified for the same immunity protections that other first responders in our state enjoy. This set the president that all non sworn telecommunicators have exposure to personal liability law suits even in the preferment of their lawful and prescribed duties. Passage of this bill will not extend immunity to 911 tell the communicators that will merely raise the burden of proof and a civil action to help protect this devoted professionals who have followed the protocols and procedures of their agencies, I urge your support on this bill, thank you. Do we have any discussion or debate, hearing none question for the senate is passage of committee substitute of house bill 352 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. Sue check aye, Tom and aye, Bryan aye 48 having voted in the affirmative and zero in the negative, committee substitute house bill 352 passes its second reading without objection will read a third time. North Carolina general assembly enact. Any discussion or debate? Hearing none, the question for the senate is the passage of committee substitute house bill 352 on its third reading, all I favor will say aye, opposed no, the ayes have it, committee substitute house bill 352 passes its third reading it will be enrolled and sent to the governor. House bill 560, the clerk will read. House bill 560 is emergency workers house bill personnel. Senator Newton is recognized to speak to the bill. Thank you Mr. President, thank you colleagues. This bill is a good house bill that was heard in Judiciary one. All it does is simply raise the penalty for assault on a hospital worker from a misdemeanor to an half felony to an H if a deadly weapon is used other than a fire arm, an F if it's a fire arm. I know no opposition to the bill we had a good discussion in J1 and I commend it to you. We're having a discussion or a debate? Hearing none question before the senate, is the passage of the Senate Committee Substitute to House Bill 560, on it's second reading, all in favor vote aye, oppose will vote five seconds to be allowed for the voting, clerk will record the vote. Tilman aye, Sue Chuck aye. Low, Senator Low aye, Burger aye, Tucker aye, Cluck aye. 47 having voted in

the affirmative and one in the negative the senate committee substitute to house bill 560 passes it's second reading without objection to be read a third time. North Carolina general assembly enact. Any discussion or debate? If none question before the senate is the passage of the senate committee substitute the house bill 560 on it's third reading. All in favor say aye. Aye! Those no. The ayes have it. Senate committee substitute to house bill 560 passes it's third reading. It will be sent to the house for concurrence in this Senate committee substitute. Mr. President. Senator Smith Ingram for what purpose is your rise? To change my vote from aye to nay. On the last bill Senator? Yes, 56C. On House bill 56C Smith Ingram from aye to nay, and the final count is 46 to 2. And that wraps up our calendar for the day senators. Senator Apodaca for what purpose do you rise? Mr. President we're going to need to take about 20 minutes recess if we could, why don't we just make it quarter off? Very good. Does everyone stand in recess until a quarter to three. Senator Brian for what purpose of your rise? Republicans will coccus on recess. Thank you Senator. Senate will come to order, sergeant at arms to close the doors and members to go to their seats. Ratification of bills. The clerk will read.     Ratification of bills. The following bills dully ratified for presentation to the Governor. Senate Bill 112 an Act urging all Coastal Community Colleges to offer courses on Commercial Fishing and Agriculture, Senate Bill 597 an Act to repeal [xx] to the ABC program in the general statute. House bill 340 an Act providing for weekend better[sp?] of all state veteran cemeteries. House Bill 346, an Act to clarify that counties may enforce ordinances within the State Public Trust areas. House Bill 574 an Act to provide that state wildlife laws do not apply to persons between the dates of December 29th and January 2nd. Senators, Senator Ravens is back in the chamber. Messages from the House, clerk will read. Message from the house: Mr. President, it is ordered that a message be sent to the Senate informing that honorable body that the House of Representative has passed House Bill 405 committee substitute ratify an Act to protect property owners from damage these resulting from individuals acting in access of the scoup of permissible access and conduct plan to them. Respectfully this week present Clerk. The Clerk will read the governor's objection. that the government objection this bill is intended to address the very concern of our states businesses how to discover those bad actors who seek employment with intent to engage incorporate espionage or act as under cover investigator, this practice is unethical and unfair to employers and as particular problem for our agricultural industry it needs to be stopped while I support the purpose of this bill I believe it is not adequately protect and give clear guidance to honest employees who uncover criminal activity I'm concerned that object these employees to potential civil this will create an environment that discourage them from reporting illegal activities. Early this week I was prior to sign [xx] law it requires that adult care home employees, who witness sexual abuse of patients, to report it to the proper authorities. I signed birth law because it protects the vulnerable population and gives clear direction to employees, to report any abuse they witness. I don't want to discourage any employees of any industry from reporting illegal activities for the proper authority, which is why I [xx] house bill 405. In good conscious, I cannot sign [xx] law, and then in the same week turn around and sign a contradictory legislation. I encourage the general assembly to [xx] reconsider this bill as soon as possible, and protection for those employees who report illegal activities directly and confidentially to the proper authorities. I stand ready to work with legislatures doing the and I'm very optimistic that we can reach a solution that

addresses the concerns of our North Carolina employers, while still protecting the house honest employee May 29th 2015. Senator Apodaca for what purpose do you rise? Motion. Senator Apodaca you have the floor for a motion. Thank you Mr. President. I move that the governors VITO house bill 405, Property Protection Act, be brought before the Senate for immediate consideration and that the Senate vote for it to become Law, not withstanding the objections of the Governor. Without objection so ordered we can get that up on the for us the motion for the Body is at the house. This House Bill 405 pass not withstanding the objections of the Governor, we are going to place those objections on your dashboard, and we'll let you know when they are up there so you can look at them, we will entertain debate and discussion on this but if we will keep our discussions related to the objections of the Governor we'll give everybody a minute to work over those when they hit the dashboard that will save us a lot of time reminding you that we're not debating the complete bill here, we are debating the motion before the Body Madam Clark, okay that is a So the motion before the body is in the house bill 405 pass not withstanding the objections of the governor do we have any discussion or debate? Mr. President. Senator Jackson for what purpose of your rise? To speak to the motion? Senator Jackson you have the floor to speak to the motion. Thank you Mr. President. Members, I spoke with The Governor on Friday and he and I respectfully disagreed on an opinion of this bill, I still believe his concerns are adressed in this bill we voted this bill out of the senate, 32 to 13 originally. The house was 99 to 19, they just overwrote it with a 79 to 36 votes. The bill hasn't changed, I still believe the whistle blowers are protected in this. I believe that if an employee sees something going on that is illegal, they completely have the authority to report it to the law enforcement officers. And I believe that still stands, you've supported me in this before and I appreciate it and I would ask that you vote yes on this motion, Thank you Mr. President. Senator Stain for what purpose do you rise? To debate the motion Mr. President. Senator Stain you have the floor to debate the motion. Thank you Mr. President, members of senate, when we debated this bill the last time, we talked about this whistle blower issue and the fact that the provisions in this bill are very narrow. They only apply to whistle-blower who reports on certain issues like, wage and hour or our workers call the deal with Employer-Employee Relationships. There's not any protection in North Carolina law to protect a whistle-blower who tells the public about some violation of the law that's happening in that business. It will impact the health, the safety, the welfare of the general public. There's no protection in North Carolina law. And what this bill does, is it actually gives the employer a cause of action against an employee who discloses illegal activity. It is simply too large, a step too far. Since we debated this bill, there are two groups that have weighed in on it and I want to share this with  you because this may affect your deliberation on where you want to come out on this legislation. Wounded worriers says although we understand the need to protect employees trespass we believe that showing effects of this bill is extremely too dangerous and for that reason we oppose it house bill 45 go on allows employer to see employees who detect and report employee, employee wrong doing this bill will create of fear that will deter employees from reporting misconduct this is specially problematic in the context of four year caring for vanarable population in this situation employees report to offer the only way misconduct is exposed and retaliation by employees reporting against reporting employees can be calm, the ARP in its statement states

families and children for workers because it is extends to all industries including nursing homes, hospitals, group homes, medical practices, charter and private schools, day care and so forth unscrupulous business centers the managers could hide practices which could be harmful to their clients their families and the public at large by punishing employees who blow the whistle on a legal or unethical practices while also subjecting individuals who reveal this acts to substantial financial penalties The public relies on our state leaders to pass legislations that protects our families says the ARP but what happens if the employees are afraid or intimidated to report the abuse and unethical practices AALP is ready to work with state legislative leaders to strengthen not undermine patient and consumer protection especially for our most vulnerable populations for that reason colleges I ask you to vote against the motion to our ride we should sustain this vito and we consider this legislation to ensure we are not doing damage to our most vulnerable to our wounded worriers to our seniors to our children thank you for your consideration. Any further discussion or debate? Hearing none the motion before the body of the house is the house bill 405 pass not withstanding the objections of the governor all in favor will vote aye oppose will vote no, five seconds will be allowed for the voting and the clerk will record the vote. Newton, Hise, aye 33 having voted in the affirmative and 15 in the negative, in accordance with the Article 2, Section 22 of the Constitution of North Carolina, House bill 405 becomes law notwithstanding the objections of the Governor at 3.42PM. and that wraps up our calendar for the day, do we have any notices or announcements? Senator Davis, for what purpose do you rise? Mr. President, I want to change the vote from H560 from No to an Aye please, thankyou. Final count? Davis. D. Davis. Final count 47 to 1. Senator Waddell, for what purpose do you stand? For a Senatorial Statement. Senator, would you like to send that forward? Send forward your [xx] Yes, I would. You can send that forward Senator, and you have the floor for a moment of personal privilege if you like, Senator. Thank you. Ladies and gentlemen of the Senate, I'd like call your attention to the honoring of the observance of June 10th. This marks the 150th Anniversary of June 10th, and its celebration of Emancipation across the United States. It is oldest nationally celebrated commemoration of the ending of slavery in the United States, and it allows all of us to appreciate the gifts we have been given and the tools that we possess to better ourselves and those in the community around us. And remember that it is multi-faceted events designed for self-reflection, assessment and planning for the future. June 10th stands as a solemn reminder of what humans are capable of doing, and it helps us to prevent any return to abdominable behavior. So in cities across this country people of all races, nationalities and religions, they're joining hands to truthfully acknowledge a period in our history that shaped and continues to shape the influence of our society today. And I ask that this record it in the senate and place them in the  journal on the third day of June 2015. Thank you Senator, do we have any other notices or announcements? Do we have any further business coming before the senate?

If not the chair recognizes Senator Berger for a motion. Thank you Mr. President I move that the senate do now adjourn subject to the standard stipulations set forth in Senate Rule 24.1, the recede of committee reports the ratification of bills in recede of house messages to reconvene on Thursday June 4th, 2015 at 12 P. M. The motion is the senate do now adjourn subject to the stipulation stated by Senator Berger to reconvene Thursday, June 4th at 12 P. M. Seconded by Senator Woodard, all in favor say aye. Aye, opposed no, the ayes have it senate stands adjourned.