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Senate | July 22, 2015 | Chamber | Senate Session

Full MP3 Audio File

Senator come to order. So as an honor close the doors members to go to their seats. Members and guests in the gallery this sounds audio electronic devices. Leading the senate in prayers is reverend Peter Melnez in a chapel all members and guests in the gallery, all please stand. Pray. Almighty God, Father of mercy, we are beggars and as we thank you for fresh mercy on this day at midday and we ask you to inspire us as only you can by your mercy for we are lost sheep in need, lead us Lord by streams of living water. Let us come and drink from your foreverlasting well and may it make us new people set out to serve, in Jesus name we pray. Amen. Senator Apodaca is recognized for a motion. Thank you, Mr. President. The Journal of Tuesday July 21st, 2015 has been examined and is found to be correct. I move that we dispense with the reading of the Journal and it stand approved as written. Without objection the Journal for July 21st stands approved as written. Senators, we have leaves of absence granted today for Senators Curtis, Rucho, Newton and Berger. Upon the motion of Senator Robinson of Guilford County, the Chair is happy to extend the courtesies of the gallery to the Governor's high school Pages are from multiple counties across North Carolina. So we have the Pages with us, please stand and be recognized, thanks for serving the Governor this week. upon the motion of Senator Tom McInnis of Richmond County the Chair is happy to extend courtesies of the gallery to Vancine Sturdivant, of Anson County Commissioner and Trey Little, member of the board of election in his wife Paddy   with us please stand to be recognized. Thanks for joining us today [xx] reports of standing committees today, any report of standing committees. Now we will move right in to our calendars for the day senator Cook propose your [xx] committee report Senator [xx] you can send forward your recommended report Clerk will read Senator [xx] envronment and natural resources committee submit the passage house bill 638 capitilise on wetlands [xx] favorable House bill un favorable as to senate substitute committee substitute bill correction [xx] senate committee substitute bill title[sp?] [xx] communication of carbon dioxide regulation House bill 553, committee substitute number 1 committee substitute bill number one as to [xx] bill ordinance to regulate animals house bill 638, 571, 553 in calendar Senator, Sourke what purpose do you rise? To send forth the committee report. Send forth your committee report senator clerk will read Senator. Sourcke for education higher education committee is in this capacity, house bill 709 NC&G tuition assistant benefit amendment favorable house bill 334 committee substitute number one, unfavorable as committee substitute bill number one but favorable as to senate committee substitute bill title to school extra curricular activities fees.

House bill 709 appropriations based budget house bill 34 calendar senator bugger has returned to the chamber. Mr. President. Sen. Apodaca what purpose motions please. Sen. Apodaca move forth your motions. Thank you Mr. President, members motion let's see house bill 284, civil contempt jury duty on today's calendar. Move it be removed from today's calendar and re-calendar to Tuesday, July 28th. Without objection so ordered. House bill 308, clarify reasonable health insurance on today's calendar remove from day's calendar and place and re-calendar excuse me for Wednesday, July 29th. Without objection so ordered. Thank you Mr. President, House bill 556, achieving a better life experience act currently on today's calendar remove and place on Tuesday, July 28th. Without objection so ordered. Thank you Mr. President, house bill 566, amend eye witness ID on today's calendar move we remove it from today's calendar re-calendar for Wednesday, July 29 Without objections so ordered. House bill, excuse me, Senate bill 616 since he works fund currently committee on commerce remove from commerce and re-referred to appropriations base budget. Without objections are ordered. House bill 532 multi beverage technical changes, [xx] committee on roads we refer to the judiciary two. Without objections are ordered. And house bill 562 amend firearms laws, currently committee on roads removed and re referred to judiciary two. [xx] for senators moving right into our calendar starting with one local bill on second reading, house bill 492 clerk will read. House bill 492 [xx] airport authority. Do we have any discussions or debate? Hearing none question for the senate is passage for house bill 492 on it's second reading all in favor say aye. Aye. Opposed no, the ayes have it house bill 492 passes it's second reading without objection will be read a third time. North Carolina General Assembly Enacts. Any discussion or debate? Hearing none, the question before the senate is the passage of house bill 492 on it's third reading, all in favor will say aye aye that was no the ayes have it the house bill 492 passes its third reading and it will be in road moving on to proper goal second reading will call bill Senate Bill 541 prepare for read. Senate Bill 541 regulate transportation network company. Senate Marcus is right explain the bill. This is a bill that most people refer to it as the Uber bill basically affects all those businesses that are network companies includes Uber cycle number of them I want to first thank Senator for his assistance with this Bill as well as Representative Broadly and Representative Haynes who assisted with it, Greg Rooney and research his gone through about 40 different versions of this bill at this point of time I'm not aware of any opposition to it probably try to give you a quick overview of what it and why we need it this legislation's desperately need to protect Uber drivers Insurance companies as well as lenders because our laws need to be updated to take in account changes in technology in our sharing economy but those that are unfamiliar with Umber basically it's like a taxi cab type service only you obtain that service from personal vehicle they basically obtain those by using app on their cellphone and enticed the GPS technology the driver comes to pick you up probably have the day is that if a person using a personal vehicle and come and pick you up for a ride there personal liability in current area will not provide any coverage driver for the vehicle or for anyone within time that that personal vehicle is being used for commercial type purposes this bill provides coverage for those types of situations. If there is a time that that particular driver who's is new for driver turns in the app on his phone, you'll find that there's a $50, 000 worth of re-coverage there's one person, and is involved in an accident with him. $100, 000 for two $25, 000 property damage turned on. The time to passenger enters the vehicles is $1 million in coverage, if that driver gets involved in an accident, regardless of who it is with and how many vehicles might happen to be involved. More importantly it covers uninsured and under insured motorist protection. It's a broad expansive type of act that we have here, we took a model that came to us that was negotiated by some of the major carriers, customized it for North Carolina that's significant buying from all those in insurance industry, those in the

lending community, as well as those who are stakeholders at one point there was about 27 different stakeholders or entities participating collaboratively as this bill moved forward. We went through about 40 different versions of the bill. I'd be happy to answer any questions that you might have as it relate to that Uber was engaged in this process they support the bill in this current for I'm aware that also supportive we worked with airport operators I know might come up in terms of whether the actual airport might come on board into this, yes the actual is among those who have agreed to the terms and conditions they're in there airport [xx] including [xx] and Willington were actively engaged in the process at each point that this was negotiated and it complies fully with SCC regulations so that said if the questions are certainly [xx] I ask for your support any discussion or debate on the bill? Senator [xx] what purpose do you rise? Speak briefly on the bill Senator you have the forward to speak on this bill I have some concerns about this bill, I received an email from somebody at home I don't know what the email said but I haven't decided if I'm going to object the third reading yet but I'll let you know. Do we have any further discussion or debate on [xx] Mr. President Senator [xx] for what purpose do you rise? We have no objections to any member who wants to object to the third reading it's probably good smart, prudent public policy to do so look out for your constituent's interests and I do it routinely. Any further discussion or debate, hearing none senate passes the committee substitute senate bill 541 on second reading on favor aye oppose vote no five seconds for voting clerk will record the the vote Waddell. I, 46 having voted to affirmative and one in committee substitute senate bill 541 passes the second and it will remain on the calendar. Mr. President. Senator Steelman, for what purpose do you rise? I want to change my vote from aye to no, Senator Craig Estes probably the only one who has read that bill. Senator Steelman do you really want to change your vote from aye to no? Senator Steelman changes the vote from  aye to no. And the final count was 45 to two moving on to one more second reading roll call senate bill 605 clerk will read. Senate bill 605 various changes to revenue laws. Senator Raven is recognized to explain the bill. Thank you Mr. President, ladies and gentlemen of the senate, this bill is of course re-run every year and it contains many changes to the revenue laws and most of them requested by the department of revenue, the bill makes technical and clarifying changes as well as changes that aid in the efficiency and administration of tax laws, part five of the bill, I'll bring your attention to. Makes changes requested by the department of revenue to present the benefits of department and revenue to enable more efficient we reconcile, taxes withheld where tax is due to extend tax pay from fraud and to establish a portale on the department of revenue website for electronics submission of tax information form, as we appreciate for support and moving this forward and I think we have an amendment coming forward discussion yesterday in committee. Senate Ford purpose for your rise? To amend the amendment, Mr President. Send forward your amendment senator Clerk will read. I believe everybody's got it but Bingham. Senator Tillman will recommend the bill. Senator Tillman is recognized to explain the amendment yesterday we had some good discussion on this Bill and senator Hacksaw among others asked him question and we tried to address those in the this amendment and the amendment simply corrects those things, I will have some details for you if you have them on the amendment, that is basically let gathers those question that arose yesterday and some of this defining terms to clarify some of the Tax issues and exemptions but I I will answer details if you need them we are having discussion or debate on the amendment? Hearing none senator adoption amendment favor aye no five second will be allowed for the voting clerk will record the vote, voted aye, Brian, senator Brian, Senator Stan would you touch Senator Brian on the Shoulder, there you go, Brian Aye, 47 having voted on

the primitive and zeros in the negative Amendment 1 is adopted, the Bill has been amended back to the body, do we have discussion based, Senator Bracken pops your eyes Send forth the Amendment Senator Bracken, support your amendment clerk will read Senator Brock moves to amend the bill Senator Brock is recognized to explain the amendment Thank you Mr. President, this is something was brought to my attention by I am, Some of our banks that we have North Carolina, North Carolina statute is out of compliance with they are out of compliant, but it's different than the Federal Regulation are right now when there's information being mailed to a House the way it's sent under the state regulation is different than the Federal Act Regulation, what's happening mortage owner or mortgage will have to degate[sp?] two copies of the same letter, so if you're getting yourself together for refinancing, use the first letter under the State Regulation, you take it in, take it to the bank and you think everything's okay, you get the second letter. While everything is still fine, what's happening is that the set of papers being processed or the mails being processed is just being sent out twice. So to avoid any confusion with some home owners and people that are re-financing I say we just use the federal standard which means they only get mailed once instead of twice, this will save paper and save trees. Any discussion or debate on amendment two? Hearing none, the question before the Senate. Senator Bryant, for what purpose do you rise? To ask the amendment [xx] Senator Brock, do you yield for [xx] I yield. Senator Brock I'm just not familiar with this area. The disclosure requirements it contain in this regulation that you are sighting is it that disclosure requirement require a mailing?  Yes, yes, and nothing changes, they're still getting a mailing. The person is still getting mail, but currently the bank see this that the State Law requires 30 days and the Federal Law is every 25 business dates, which sometimes don't relate to each other so they're getting two mailings, it's the exact same letter they're getting the same letter twice, and is causing confusion when it literally is just the same letter being mailed twice. Thank you. Do we have any further discussion debate on the amendment. Hearing none, the question for the senate is the adoption of amendment two, all in favor vote aye, the opposed will vote no. Five seconds be allowed for the voting, the clerk will record the vote. Berger I, Dunno I, Waddell I, Bell ringer Aye. 47 having voted the affirmative and zero in the negative, amendment two is adopted, the bill has amended is back before the body. Any further discussion or debate? Hearing none, question for the senate is the passage of Committee Substitute Senate Bill 605 as amended on the second reading, all on favorable Aye, those oppose No, five seconds to fill out for the voting. Clerk record the vote. I [XX], model, I work I 47 having voted in the affirmative and zero in the negative committee substitute senator bill 605 as amended passes the second reading will remain on the calendar. Moving on public bills second reading none roll call, senate bill 399, clerk will read. Senate bill 399 joint agency tax reforms, recognise to explain the Bill. Thank you Mr. President members of the senate, senate Bill 399 explains the type of local joint agency that are allowed to receive annual refund of sales and used tax to include those agencies that provide file or police protection or emergency services. It will allow small municipalities to join with neighboring municipalities to save tax payer dollars, without sacrificing service or their tax exempt status. Section two of the bill directs the revenue law study committee to study motor fuels tax exemptions for entities like the one above and others to see if they would qualify for that also. I appreciate your support will answer any questions that you may have. Is their any discussions or debate on the bill? Hearing none the question before the senate is passage of committee substitute senate bill 399 on it's second reading all in favor vote aye oppose vote no. Five seconds be allowed for voting clerk will record the vote.

 Jackson aye, [xx] aye, clerk aye. 47 having voted in the affirmative and zero in the negative committee substitute senate bill 399 Passes it's second reading without objection to be read a third time. North Carolina bill in for act. Any discussion or debate? Hearing none question before the senate is the passage of the committee substitute senate bill 399 on it's third reading, all in favor say aye? Aye. Opposed no? The ayes have it.community substitute senate bill 399 passes on it's third reading and it will be sent to the house. House bill 59. Clerk will read.   House bill 59, clarify report admissibility. Senator Lee is recognized to explain the bill. Thank you Mr President. This bill can be broken up essentially in two sections. Section one through four was a request by crime lab and this essentially memorializes that if failed a timely objection if that objection is waived. Apparently there's some case law in Virginia that it's brought back issue into debate. The second part of this is in section five of the very last page. This was requested by the association of district court judges and the board of governors, in 50b and 50 c hearings. 50b being domestic violence restraining orders and then 50c would be civil contact orders there's a recent case in June, 2015 that says the ex perte emergency hearings are trials or civil readings and therefore need to be recorded, they typically and there done a very short notice there's a full hearing on the record every ten days after that this would not impact that at all after all theres also sworn statememts that are delivered in the ex perte or emergency hearing they are part of the record but this is essentially to put a fixture in place because has access to record these particular hearings on such short notice any discussion or debate on the bill. Hearing none the senate passes the committee substitute second reading in favor say aye, those opposed no, five seconds the clerk will record the vote senator Clork aye, senator Senderson aye, fallow[sp?] aye 47 having voted in the affirmative and 0 in the negative senate committee substitute the house bill 59 passes it's second reading without objection be read a third time. North Carolina General assembly enact. Any discussion or debate? Hearing none the question for the senate is the passage of the senate committee substitute the house bill 59 on it's third reading, all in favor say aye. Aye. Oppose no, the ayes have it the committee substitute the house bill 59 passes it's third reading and will be sent to the house for concurrence in the senate committee substitute.  Senator Apodaca for what purpose do you rise? Someone I guess this is an attorney scribbled, can we send house 59 by special please. house bill 185 clerk will read. House bill 185 repeal DCR athletes commissions and language. Senator Davis of  the [xx]  county is recognized to explain the bill. Thank you Mr Presiend, ladies and gentlemen house bill 185 will repeal commissions within the Department of Cultural resources they're obsolete and leave references to obsolete commissions from various statutes. It will also delete statutory language related to printing of government publications on alkaline Paper. The PCS will make a technical correction to remove all reference to the John Motley More head Commission and would also allow the Department of Cultural resources to be the success and interest to the John Motley More head Commission upon it's repeal? I ask for your support. Are there any discussion or debate on the bill? Hearing none request before the senate is to passage of the senate committee substitute to house bill 185 on a second reading. All in favor vote aye, opposed will vote no, five second bill out for the voting clerk will record the vote Apodaka? Aye Smith. Senator Smith Aye, Rubin Aye, 47 having voted in the affirmative and zero for the negative subcommittee substitute for the house bill 185. Passes as the second reading without objection be read for the third time. North Carolina dairy farming act. Hearing none question before the senate is passage of the senate committee substitute for the house bill 185 on it's third reading. All in favor will say aye. Aye. Opposed no, the aye's have it, senate committee substitute house bill 185 passes its third reading, it will be sent to the house for concurrency in the senate committee substitute House bill 229 the clerk will read. House bill 229, church tax exemption driving privileges. Senator Tillman is recognized to explain the bill. Thank you Mr. President. The main part of this bill simply simplifies, if you're building a church building, some counties will assess that as building which basically you're not supposed to be taxed on. But if its a building other than

a church worship center, yes they can tax is a saying that if you're building a worship center or Sunday school edition et cetera you will not pay taxes on it. And this makes it clear that there will not be taxes assesed on this building, while it's in progress of being constructed. And these will make it uniform statewide, rather than going county by county and having all these interpretations or  whether it's a church building or another building et cetera. That's all basically that does, and the other is exempt driving privileges for certain vehicles that are used for church purposes. Do we have any discussion or debate on the bill? Senator Davis, for what purpose do you rise? I want to speak on the bill. Senator Davis you have the floor to speak to the bill. Thanks Mr. President. Members, this is indeed a good bill. I want to thank the bill sponsors and especially on Senator Rabin[sp?] for helping on the second section, and I do ask for your support today. Do we have any further discussion or debate on the bill? Hearing none, the question before the Senate is the passage of the Senate Committee Substitute to HB 229 on its Second Reading. All in favor will vote Aye, opposed will vote No, five seconds to be allowed for the vote and the Clerk will record the vote. Tarte. Senator Tarte, Aye. 47 having voted in the Affirmative and 0 in the Negative, Senate Committee Substitute to HB 229 passes its Second Reading, without objection be read a Third Time. North Carolina General Assembly enacts. Do we have any discussion or debate? Hearing none, the question before the Senate is the passage of the Senate Committee Substitute to HB 229 on its Third Reading. All in favor will say Aye. Aye. Opposed No, the Ayes have it. Senate Committee Substitute to HB 229 passe the third reading will be represented to the house for concurrence senate committee sub stare House Bill 384 sorry House Bill 397 clerk will read House Bill 397 clarify protection exploitation of elders   Senator Daniels is recognized to explain the Bill. Senator Randon is recognized to explain the bill Thank you Mr. President, ladies and gentlemen if you will remember last session Senator being in mocked diligently to strengthen the punishment for the exploitation of the elderly House Bill 397 goes a step further by clarifying the procedure to be followed when a defendant is convicted for exploitation of an older or disabled adult and seized assets for being used to satisfy the dependants restitution obligations as ordered by the court and Mr President, I do have an amendment to send forward.  Do send forward your amendment senator, the clerk will read senator Randolph moves to amend the bill. Senator Randolph is recognized to describe the amendment. This deletes language on page three it's found to be redundant, it's agreed by the district attorneys conference, and it's also agreed to by the bill sponsor in the house and I ask for your support. Do we have any discussion or debate on the amendment? Hearing none, the question for the senate is the adoption of amendment one and all in favor will vote aye, oppose no five seconds will be allowed for the voting the clerk will record the vote. Apodaca aye, Lou aye, Suchec aye. 47 having voted in the affirmative and zero in the negative, amendment one is adopted the bill has amended is back before the body do we have any further discussion or debate on the bill as amended? Hearing none, question for the senate is the passage for senate committee substitute to house bill 397 as amended on it's second reading, all in favor will vote aye, opposed no, five seconds will be allowed for the voting, clerk will record the vote Row aye, Davis aye Cork aye. Roman aye. Wade aye. Smith Ingram model clerk aye. Raven aye. What we all paying attention to 47 having voted in the affirmative and 0 in the negative, senate committee substitute the house bill 397 as amended passes it's second reading without objection will be read a third time. North Carolina General Assembly of enact. Do we have any discussion or debate? Hearing none, the question before the Senate is the passage of Senate Committee Substitute to HB 397 as amended on its Third Reading. All in favor will say Aye. oppose no the ayes have it, senate committee substitute House bill 397 as amended passes it third reading the amendment  will be engrossed it will be sent to the house for the concurrency in the senate committee substitute House Bill 529. Clerk will read. House Bill 529 North Carolina drivers licence restoration act. Senator Jackson [xx] is recognized to explain the bill. Thank you Mr. President. This bill does two things the first thing is to clarifying the change that was made two years ago. This bill applies to the offence of driving while licence revoked, two years ago we took that

offence and we separated it into class one misdiminer[sp] and class three misdiminers [sp], though driving while licence revoked offences had to do with driving while impaired, drunk driving. We made those the more serious class ones and all the remainder for the lesser class three the problem is we left them in the same statute, so officers upon siting people for driving while licence revoked, there were some confusion because the officer would draft that statute number it was unclear to the court whether the officer was intending the class one or the class three. That's the first thing the bill does. The second thing is, it takes a long standing problem with respect to how the DMV treats charge of driving while licence revoked and here's the problem, right now if you get a ticket for driving without a seatbelt and you fail to pay that ticket or you're late in paying that ticket, after a month or two the DMV is going to revoke your licence as they should. Then you're driving around on a revoked licence and if you get stopped again you're going to get a ticket for whatever you we're stopped for and you're going to get a ticket for driving while licence revoked which is as it should be Right now when you go to court and you plead guilty, to your speeding ticket and your driving while licence revoked not only do you get the judicial punishment for driving while licence revoked, but the DMV is going to automatically revoke your drivers licence administratively for another year. this has created, an enormous cascade of unintended consequence, where lots and lots of people are now permanently revoked and can never ever get a driver licence never be insured and all of it when you look back in the record stamp from on page seatbelt taken from 1985 something does the prosecutor you just see hundreds and hundreds of cases up this is our common sense approach to fix this that does not apply to the class one people who where charged to some type of connection to drunk driving with driving licence revoked and Mr president I also have an amendment to exclude commercial drivers licence from this, if we can address that. You can send forward your amendment, the clerk will read Senator Jackson moves to amend the bill. Senator Jackson is recognized to explain the amendment. All this amendment does is it's exclude commercial drivers licences from being able to have the benefit of this, so in short if you have a commercial drivers licence and you get charged and convicted driving a licence revoked DMV will continue to automatically, administratively revoke your license for another year, I ask your support. Do we have any discussion or debate on the amendment? Hearing none the question for the senate is the adoption for amendment one all in favor will vote I, opposed will vote no, the clerk will record the vote. Wodel[sp?] clerk, I Clerk, I Wodel[sp?]. 46 having voted in the affirmative and one in the negative, amendment one is adopted, the bill as amended is back before the body. Do we have any discussion or debate on the bill as amended? Hearing none, the question before the senate is the passage of the Senate Committee substitute to house bill 529 as amended on it's second reading, all in favor vote aye opposed the vote no, five seconds will be allowed for the voting, the clerk will record the vote . Senator [xx] 47 having voted in affirmative and zero in the negative substitute house bill 529 as amended passes the second reading without objection will be read third time [xx] Discussion debate, hearing none  passes the house committee substitute none house bill five as amended on it's third reading all in favor say aye, aye opposed no the ayes have it senate committee substitute house bill  529 as amended passes it's third reading the minute will be revised to be sent to the house for concurrence in the senate committee substitute House bill 721 clerk will read House bill 721 subdivision owning land development changes Senator [xx] is well recognized to explain the bill Thank you Mr. President, House bill 721 deals with performance guarantees when creating subdivisions it requires the subdivision developer to use good faith reasonable efforts to complete the work. It requires return of the performance guarantee when the work is done it requires an extension of the guarantee if it's not been done it defines the possible forms of guarantees and it caps the amount of performance guaranteed at 125% of the fair estimate of the work to be done Do we have any discussion on the on the bill hearing none, question for the senate is the passage of senate committee substitute house bill 721 on it's second reading all in favor vote aye oppose the vote no five seconds for the voting clerk will record the vote, 47 having voted in the affirmative and zero

in the negative senate committee substitute house bill 721 passes second reading without objection to be read a third time, North Carolina general assembly enacts. Further discussion on the debate, hearing none question for the senate is the passage senate committee substitute house bill 721 on it's third reading all in favor say aye opposed no that ayes have it senate committee substitute house bill 721 passes it's third reading it will be sent to the house for concurrency in the senate committee substitute public bill third reading house bill 561 Clerk will read House bill 561 School System Authority over illegal proceedings. Do we have any discussion or debate? Senator Wardell for what purpose do you rise? Thank you Mr. President you know Senator Rodell you want to speak to the bill? Yes, sir. You have the floor to speak to the bill Senator. You know, I was sort of blind sided with this because I did vote for it on yesterday, the amendment, which made it a part of the bill. And so I've heard from three school systems they're out the state and they are consigned and I think what we need to do is to allow school systems and county commissioners to meet together and make their own decisions we hear this general assembly do not need to make decisions for each and everyone of them and with that I've an amendment. You can send forward your amendment Senator, And this moves turn in One second, just one second senator, we going to get it scanned and then clerk will read. Senator Waddell moves to amend the bill. Senator Waddell is recognized, explain the amendment. This moves to amend amendment one on page one line three, by rewriting those lines to read legal proceedings and investigations and on page two line eight through thirteen by rewriting these lines to read, section three, this act becomes effective October the 1st 2015 and that's it. Thank you. Do you've any discussion or debate on amendment two? Senator Tucker, for what purpose do you rise? Mr. President, see if  Senator Waddell would answer the question please. Senator Waddell do you yield for a question? Yes, Sir. Senator Waddell would you explain to me exactly what your amendment does? The amendment takes away, it changes those files takes away legal proceedings and investigations because it allows the locals to make there and takes away their moratorium that is listed there for five years [xx] Senator [xx] do you yield for a follow up? Follow up question. Senator [xx] do you yield? Yes. So what you're saying is that you're putting back in place the ability of school boards to be able to sue the county commissions, is that correct? That's correct sir, Okay, thank you. Senator Grady, do you want to the amendment? Yes, Sir, I'd like to speak the amendment Before [xx] ladies and gentlemen, I have experiences in real life union county board and the unit county border commissioners as elected officials could not come to agreement on their budget, therefore our school board took my county commission to board, took my county commission to court received a $91 million settlement the county commissions appealed the $91 million settlement to the it appeared at court and it was kicked out. And I call this county do not soothe herself, because the same tax dollars from the school board and to put forth the lawsuit and the same tax dollars to defend the lawsuit was $20. And what has happened in my county is the fact that we have spent close to $2million of county dollars a 1/3 of an elementary school because the two boards couldn't come to agreement. So this moratorium would force them to come to agreements and that what's about because you don't want your county suing itself from wasting and that kind of money that we wasted before And all I did was to make an attorney from Riley area very well off and some other attorneys in Riley too offended to defend it in a pallet court and wasted a lot of time it impacted the economic development in my county because the school board was suing the county, the county was appealing the suit and at that time we had redistricting going on and we had parents suing the school board. So with all that mess going on we need to start this, the reason this law was put in place is in 1907, when the only source of money for the school system was the law that was in place so that they could sue the county at that time in 1932, I believe the machine [xx] came in and was passed and the state started funding, this schools so this is unequated law at

best and it doesn't do anybody any good for them to be able to sue each other with the same dollar, so I would ask that you not support this amendment senator [xx] your microphone's on Thank you Any further discussion or debate on amendment two? Hearing none [xx] senate adoption amendment two, all favorable aye oppose vote no, five seconds be left for the voting, clerk will record the vote. Senator [xx] 17 having voted in the affirmative and 20 nine in the negative amendments two fails, the bill is back before the body and senator [xx] Mr. President [xx] my vote please change my vote. Please Senator begin the changes vote from aye to no final count 16 to 30, do we have any further [xx] to oppose set forward the committee report out of order Senator [xx] let do the bill first, and then finish that up then we'll give your committee report, do we have any discussion or debate on the bill, hearing none first of all the senate committee passes the committee substitute to house bill 561 on it's third reading all favorable aye oppose vote no five seconds be left for the voting, clerk will record the vote Senator Bryant, Clerk [xx] no [xx] 36 having voted in the affirmative and 11 in the negative committee substitute Mr. President Yes Senator Smith Ingram for what purpose do yo rise? Senator Smith Ingram changes her vote from aye to know and the county is, 15 having voted in the affirmative and 31 in negative committee substitute 561 passes it third reading. That was backward what was the number? Senator Smith did you change your vote on the amendment or the bill On the bill On the bill, okay give me the final number again if you would on the bill Yeah because that was backwards with ammendment there. 35 having voted in the affirmative and 12 in the negative substitute house bill 561 passes its third reading it'll be sent to the House for concurrence of the Senate Amendment. and that wraps up our counter. Senator Tillman you can send forward your committee report out of order and the clerk will read. Senator Tillman of the Finance Committee submits the passage, House Bill 168, Senate Committee Substitute number one, exempt inventory, favorable. House Bill 168 Appropriations Based Budget, do we have any notices or announcements today? Senator Alexander what purpose do you rise?  A point of personal privilege? Senator Alexander you have the floor for a point of personal privilege. Thank you very much Mr. Chairman folks that things on April the 27th 1911 Congressman Victor Berger, spelled b e r g e r, of Wisconsin, introduced a constitutional amendment to the House of Representatives that would abolish the senate. The preamble to the amendment read, whereas the senate in particular, has become an obstructive and useless body, a menace to the liberties of the people, and an obstacle to social growth. This idea did not become law, but fellow senator it appears that we need to be audit, in our legislative duties, [xx] complementary [xx] on the other side of the fountain find that an idea that the house is lone advocated at [xx], thank you for your attention. Do we have any further notices or announcements Senator Davis what purpose do you rise? A moment of personal privilege. You have the floor Senator. Thank you Mr. President. Ladies and gentlemen last Friday western North Carolina lost a great leader Ronald Francis DeSimone who is the Mayor of Maggie Valley, first elected in 2011 and running for re-election lost his life in a

tragic construction accident, and his Memorial Service was yesterday and I would ask that we adjourn today in honor and memory of Ron DeSimone, thank you sir. Senator Apodaca, for what purpose do you rise? Announcement. You have the floor senator. Thank you Mr. President. Members, the insurance committee will meet tomorrow morning at 9.30 in our usual location Any other notices or announcements? Is there any other business to come forward the senate? No! The chair recognizes Senator Berger for a motion Thank you Mr. President, I move that the senate do now adjourn in memory of Ronald DeSimone subject to standard stipulation set forth in senate rule 24.1, receipt of messages from the house, receipt of committee reports, ratification of bills, appointment of conferees reconvene on Thursday, July 23rd at 12 PM. The motion is the Senate do now adjourn subject to the stipulations stated by Senator Berger and in honor of Ron to reconvene Thursday July 23rd at 12 pm second by ganner all of the favor say aye? Oppose no, the ayes have it and the senate stands adjourned