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Senate | June 30, 2015 | Chamber | Senate Session

Full MP3 Audio File

Senate will come to order, Sergeant at Arm close the doors, members to go to their seats members and the guest in the gallery, please silence all of your electronic devices. Leading the senate in prayers is the Reverend Peter Milner, Senate Chaplain all members and guests in the gallery will please stand. Let's pray, Heavenly Father Lord sometimes it feels like a mountain that we climb in the government and we pray that this crime will drive us in fact to out knees, make our effort not in vain give us supernatural peace, the myths of this crime and the myths of our frustrated designs that we try to create. Lord Jesus you are master planner, you are the chief architect and we make our Prayer and your name Jesus the one decline that mountain for us and the one that will help us plan this one. Amen Senator Berger is recognized for a motion. Thank you Mr. President. The Journal of Monday June 29, 2015 has been examined and has been found to be correct I move that we dispense with the reading of the journal and that it stands approved as written. Without objection the journal for June the 29 stands approved as written. Senators we have leave absence today granted for Senator Blue, Foushee, Woodard, Richard, Newton and Vandine. We do have a nurse here with us today nurse Kathy Ray is here from [xx] North Carolina nurse Ray thank you for serving us in the Senate today. So is upon the motion [xx] of Wake County, the chair is happy to extend courtesies of the gallery to Miss Collin, National President of Mothers Against Drunk Driving if you're with us here please stand and be recognized. She is around, so if you see her, please welcome her to North Carolina. So is upon the motion Senator Crawl of the Forsyth County, the chair is happy to extend courtesies of the gallery to Jim O'neal, District attorney for Forsyth County and Penn Broyhill, Assistant District Attorney from Forsyth County are you with us today? There they are. Thank you for joining us in the Senate. Upon the motion of the Senator [xx] Johnston County the chair is happy to extend in coutersys of the gallery to the American Heritage goes to [xx] Carolina. [xx], please stand and be recognized. Thanks for joining us. And Senators, Colleen Sheehey-Church, National President of MADD, Mothers Against Drunk Driving is with us now, Colleen thanks for joining us in the Senate. Thank you. Messages from the House, the Clerk will read. Message from the House, SB 534 House Committee Substitute an Act authorizing the Director of the Budget to continue expenditures for the operation of government at the level in effect June 30, 2015. And Senators, that takes us right into our calendar for the day. Senator Apodaca, for what purpose do you rise? Motion please. Senator Apodaca has the floor for a motion. Mr. President, the Reading Clerk just read in SB 534, move that Rules be suspended to the end, that it be placed at the end of today's calendar for consideration. That objection so ordered. Mr. President, let's do this Yes, HB 493, Lake Lure Deannexation, needs to be placed on the top of today's calendar for immediate Without objection so ordered. Senator Apodaca, I was going to block about those five. Do you want it part of the block or do you want to take it out individually? just as long as we send it over special messenger it doesn't matter. Very good, Thank you Senator. Senators, we're at the top of our calendar for Local Bills. Senator Davis, for what purpose do you rise? Mr. President, I'd like to speak to blocking those, I'd like for you to keep HB

411 out of that. As a matter this may be an appropriate time Mr. President for me refer that back to State and Local Government, some additional information has come to light and I'd like for that to be heard in committee again. Senator Apodaca, you good with that? I concur. Yes Sir. Senator Apodaca conquers so we have four local bill was for third reading rollcall that we would like to block vote would anybody like to remove any of those four from the block hearing no objection if we can get those on the board please. House bill 266, 404 426, and 493 the clerk will read House Bill 266 Senate [xx] annexation House Bill 400 [xx] and annexation. House Bill 426 well on de-annexation. House Bill 493 like [xx] annexation the question before the senate is the passage of house bill 266, house bill 400, house bill 426 and house bill 493 be on the third reading those in favor will vote aye, those those oppose no, five seconds will be allowed for the voting the clerk will record the vote. Senator Brian I McKissick, Senator McKissick. 43 having voted on the affirmative and zero on the negative house bill 266 house bill 400, house bill 426 and house bill 493 pass their third reading, house bill 2 266 will be enrolled, house bill 400 will be enrolled, house bill 426 will be enrolled, house bill 4 93 will be sent to the house for concurrence and the senate committee substitute by special message. Reading on to local the bill on second reading house bill 467 the clerk will read. House bill 467 Cleveland county called on the recommendations further discussion or debate? Hearing none the question for the senate passage of senate committee substitute house bill 467 on it's second reading all in favor will say aye, those no, the ayes have it, senate committee substitute house bill 467 passes its second reading without objection be read a third time. North Carolina General Assembly Act. Do we have any further discussion or debate? hearing none the question for the senate is the passage of senate committee substitute house 467 on it's third reading all in favor will say aye, "aye", all oppose no, the ayes have it, senate committee substitute house bill 467 passes on it's third reading will be sent to the house for concurrence on the senate committee substitute Reading under public bills second reading house bill 273 Clerk will read. House bill 273 pass like condition discharge law and law DWI expands. Senator Jackson Mecklenburg is recognized. Thank you Mr. President, it's fortunate that we have some people from [xx]. This is a bill that applies to both of those areas. There are three thing but the first thing is is that DWYS is not eligible for conditional discharges the second is that it clarifies the DWYs are not eligible for expunshment and third is that it changes in re-sentencing procedure in a way that makes it a little easier for forks to plead guilty once they have already been convicted and they have decided remand their appeal I ask for your support we are having a discussion or debate hearing non the question for the Senate is the passage the Senate sub committee the House Bill 273 on its second reading, all in favour say aye oppose to vote no five seconds to be allowed for the voting the Clerk will record the votes low, low aye Mckissic. 43 having voted in the affirmative zero in the negative Senate committee substitute house bill 273 passes the second reading without objection be read a third time. North Carolina General Assembly Act. Do we have any further discussion or debate? Hearing none, question for Senators of passage of the sub committee the House Bill 273 on third reading all in favour say I, I! All on oppose no, the I's have it. Sub-committe House Bill 273 passes this is third reading, it will be sent to the House for concurrence with the sub committee [xx] House Bill 669 [xx]. House Bill 669 juvenile law changes, abuse, neglect, attendancy. Senator Beringer is recognized to speak to the bill. Thank you Mr president, this bill

comes to us from the juvenile court revision sub committee of the North Carolina court improvement project, it has a number of [xx] at the table including child services divisions of DHHS accord improvement process the GAL program association of DSS attorneys the Ags office child welfare attorney IDS and the office of Parent Representation. I will be remissive I did not recognize our Senator Randleman who chaired the committee on Omnibus Foster Care Dependency because frankly this bill contains an awful lot of the recommendations that your committee brought forth two years ago thank you Senator Randleman the gist of the bill and I will be happy to answer any questions it does two things. It makes it very clear if the department of Social Services at the get go is to contact the biological families of this children who are coming into non secure care and non secure care basically translates into foster care that's the most common subset of that, what has happened in the past is that there would be grandparents and other folks that or cousins or uncles who would make fine biological connection to this families and they were not contacted this bill makes it clear that every step of the way they need to be part of that process if they are able to be the reality is the truth is there is nothing better than a healthy biological and loving biological family but the truth is that or the reality that not all families can be that for our children the other thing this bill does is streamline the process so that once it is shown that this families cannot parent and will not parent after reasonable efforts and there just can effectively be parents then this children will be placed in permanent loving homes I would be happy to answer your questions and I ask for your support. Do we have any discussion or debate? Hearing none the question before the senate is the passage of senate committee substitute House Bill 669 on its second reading all in favor vote aye, oppose will vote no five second be allowed for the voting the clerk will record the vote Burger aye, Lee, senator Lee Lee, [xx] aye, 43 having voted in the affirmative and zero in the negative senate committee substitute House Bill 669 passes its second reading without objection, will be read a third time North Carolina general assembly enact Do we have any discussion debate? Hearing none question for the senate is the passage of senate committee substitute house bill 669 on its third reading all in favor say aye, aye, Oppose no the ayes have it senate committee substitute house bill 669 passed its third reading will be sent to the house for concurrency on the senate committee substitute. I special message. That takes us to a concurrence motion for today senate bill 534 the clerk will read.  Senate bill 534, 2015 vaunted authority. Senator Brown is recognized to speak to the motion. Thank you Mr. President. I'm happy to report that we've reached an agreement with the house on a 45 day continuing resolution. I would say this is a bad as clean you can get see you are all in, I will try to touch on this the hard point seven and try answering questions as they are, first of all we allocate Funds for recurring it's expenditure from the current fiscal year and also some non recurring expenditures if they're included in both the House and Senate budgets. We're holding several schedules to the level of the current year with exceptional of starting teacher pay which will rise with $35000 which we're committed to do and we're also ensuring that teachers in school based administrators can't be payed less in what they receive in the 14, 15 fiscal year in salary and bonus payments. My fully findings public school enrollment rose at $100 million which was included in both budgets. We've also found that locals can use the funds available it's a damn including any fee change to students to offer drives head courses for the entire school this bill is a language in last years budget. We're also allowing cooperative and innovative high schools that were non or included in both budgets to begin operating well, without additional state appropriation and finally we still have a date of August 14th which means we got to go to work and [xx] including this process that the [xx] so I will to answer any questions. Having discussion or debate? Senator Robinson for what purpose of your rise? To speak on the... Speak on the motion senator Robinson..

Yes.. Of course speak to the motion. My count is always start. Thank you Mr. President. Yes sir, I'm not so tall, it's alright. Thank you. Thank you senator Brown for that and I'd like to say that we certainly appreciate the work you've with the house in terms of trying to move this forward however I think all of us received letter from the governor this week as he admonished us to continue to possible so the state can function and we know that's our responsibility however as he indicated in this letter we start in January expecting to have this done by June 30th and that's how responsibility, but this has continue to the port where we now have to have a CR in order for the state to continue to function and we are saying as your colleagues that you have committed to us as a party in control both the governor house and senate that you wont do like Democrats did you get it done and we expected to have it done by June 30th we expected for our schools to be certain of what monies they have to function with yet even though schools won't have flexibility the school system still don't understand or don't know what their real allocation is, so even though they have flexibility in terms of hiring in terms of TA's that may not even continue once we do a budget so they are really just taking their chance right, also the other thing that the states expects is that we are going to have jobs many class families in the rest of our folks need jobs and what we are expected with this budget is that we have JDIG funding and other funding to make sure the companies want to come to North Carolina I, we would want that to happen but this give's no assurance to them or to the governer that we are going to do that so we're still late in the process we need to make sure that we put in place on time a budget by which the state can function by which our educational systems can function by which we can have economic growth in the state so why we certainly support the CR it is our responsibility we'll do that, but we are saying you that you committed to us that we'll do this on budget and on time and now is the time thank you. Any further discussion or debate. Hearing non, the question before the senate is the motion to concur in the house committee substitute for senate bill 534 of favor vote I oppose vote no five seconds be allowed for the voting clerk will record the vote aye. 43 having voted in the affirmative and zero in the negative the senate does concur in the house committee substitute senate bill 534, it'll be enrolled and sent to the governor by a special message and that concludes our calendar for the day. Do we have any notices or announcements? Senator Tuck for what purpose do you rise? A moment of personal privilege [xx] you have the floor for a moment of personal privilege. Thank you, this is for the folks standing in the gallery, the staff sitting around, and also the pages. We all know the measure of character or [xx] definition is what someone does when no one is looking, and I want to share a story about someone in this chamber, a week or so ago, this individual, we were at a breakfast establishment, it happened while we were inside and weren't aware, [xx] packed into another person's car actually did damage, took out the tail light and it would have been very easy as we know often times people didn't drive away in the frustration of not knowing what's happening and you've had thousands of dollars of damage done to your car. But this individual did something different, he demonstrated character, he walked back into the restaurant and then proceeded to try to find the owner of the car, and once he did, took that person outside. We didn't know what was going on inside but I happened to we walking outside at the time he was in reacting with that person in the other car. He proceeded to then take care, taking care of the damage he wasn't paying for that, never saying a word to anybody else, that's the measure of character, integrity and more importantly sound ethics. That gentleman who I want to call attention to is Senator Jerry Tailman[sp?] Jerry you are a role model for everyone in this chamber, thank you for what you did. Thank you Senator. Any other, Senator Stein for what purpose do you point of personal privilege. You have the floor senator.

I think it sounds like it's a demonstration of bad driving Senator Tillman for what purpose do you rise?  I'm sorry but I did not hear a single word that Senator Clark said, not that it was good or bad, I don't know I had my mind on on what I will see you later, I hope it was good, I don't know, I didn't hear a thing Okay, thank you.   [xx] Senator Hudson for what purpose do you rise?  Announcement Mr. Speaker. You have the floor, Senator. Mr. President, members of the Senate, Senate J1 subcommittee on House bill 215 which is scheduled to meet downstairs in room 227 will be held immediately after the closure of this session, any further notices or announcements, any further business come for the now the chair recognizes senator Burger for a motion,  Thank you Mr. President am moved that the senate do now adjourn subject to the standard stipulation set fourth in senate rule 24.1 the receipt of committee reports the appointment of [xx] ratification of bills receipt of past messages to reconvene on Wednesday July 1 2015 at 2 P. M The motion in the Senate Bill do now adjourn subject to stipulation stated by Senator Berger to reconvene on Wednesday July 1st at 2:00 P. M. Seconded by Senator Brown, all in favor say aye  Aye oppose noes the ayes have it we stand adjourned.