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Senate | July 27, 2015 | Chamber | Senate Session, Part 2

Full MP3 Audio File

Senate will come to order. Sergeant at arms will close the doors. Members will go their seats. Members and guests in the gallery, please, take this time to silence all electronic devices leading the Senate in prayer is the Reverend Peter Milner, Senate Chaplain. All members and guests in the gallery, please, stand. Let's bow our heads and pray. Almighty God, thank you for this new day. We gather steam for a new week of legislation, would you calm our hearts and our minds, bless us with hope and a future and remind us of the words of [xx] who said though the fig tree should not blossom nor fruit beyond the vines, I will rejoice in the Lord, I would take joy in the God my salvation. Give us this type of hope here Lord. In Jesus name we pray, Amen. Senator Berger is recognized for the motion. Thanks Mr. President, the journal of Thursday, July 23rd 2015 has been examined and is found to be correct. I move that we dispense with the reading of the journal and that it stands approved as written. Senators come to order. No objection, the journal for July 23rd stands approved as written. We have a leave of absence granted today for Senator Brown. Senators we do have a nurse of the day with us today, Brenda Brown from Burlington, North Carolina serving us today. Nurse Brown please stand to be recognized, thanks for your service to the Senate. Mr. President Senator Apodaca what purpose do you rise. Mr. President I have multiple motions and I'd like members to pay attention here, we're going to move a lot of bills around. Senator that's fine, we'll move through those quickly as you can call up multiple bills if you'd like. If there's no [xx] then we'll just approve more at once  Members first bill house bill 134 soliciting prostitution, immunity for minors today's calendar moved to be placed on tomorrow's calendar. House Bill 173 omniverse criminal law bill today's calendar moved to be placed on tomorrow's calendar. House Bill 371 terror crimes is on today's calendar moved to be placed on tomorrow's calendar. House Bill 792, privacy protection from revenge postings on today's calendar moved to be placed on tomorrow's calendar. House Bill 804, Chelse Smith Act on today's calendar moved to be placed on tomorrow's calendar. House Bill 532 Workman's [xx] Truck Drivers Status today's calendar moved to be placed on tomorrow's calendar. House Bill 215 procedure for waiver of jury trial is on today's calendar moved to be placed on tomorrow's calendar. Those are all the motions for tomorrow, Mr. President. Without objections senator so ordered. Thank you Mr. President. House bill 678 Amending Insurance Commission Statutes. Today's calendar move that it be placed on Wednesday's calendar The objection so ordered. Senate Bill 182, Automatic License Plate [xx] is on today's calendar to concurrence move that it be placed on Wednesday's calendar. Objections so ordered. Senate bill 345 limit storage of damaged vehicles today's calendar moved that it be placed tomorrow's calendar. Objection are in order. Thank You Mr. President. Thank you Senator. So, senator that takes us right into our calendar for the evening starting with public bill second reading roll call house bill 538 clerk will read. House bill 38 water and sewer services related changes. Senator Randall recognized to explain the bill. Thank you Mr. President, the proposed bill before your House Bill 538, would authorize water and sewer authorities to adopt ordinate system concerning regulation and control of order system own by the authority, it will allow them to enter into reimbursement agreement

with the developers or property owners for [xx] construction of infrastructure. It will allow them to offer [xx] boards at $5, 000 for information leading to to conviction of person to willfully to face damage or destroy or commit act of vandalism or [xx] of authority property. It will authorize a on our city to pledge our security interest in Ashford county to securely payment of certain economic development loans, it will allow the local government commission until July, 2016 to authorize loans up to 30 year terms for certain water projects, and it will authorize metropolitan water districts and metropolitan water and sewerage districts to enter into installment contracts financing agreements. This bill was heard in senate Stegen local government, it was heard in finance it received a favorable report in each and I would ask for your support, thank you. Do we have any discussion or debate? Any discussion or debate? Hearing none, the question for the senate is the passage for the senate committee substitute to House Bill 538, on it's second reading, all in favor vote aye, opposed will vote no. Five seconds will be allowed for the voting, clerk will record the vote. Blue aye, Hise, Woodard aye, Sanderson aye, Senator Rabin aye. Hise. 48 having voted in the affirmative and 0 in the negative, the Senate Committee Substitute to House Bill 538 passes it's second reading it will remain on the calendar. Moving on to public bills non-roll call, second reading House Bill 13, clerk will read. House Bill 13 amends school health assessment requirements. Senator Barefoot is recognized to explain the bill. Thank you Mr. President. House bill 13 requires each child entering the public schools for the first time to submit prove of health assessment, provides that absences due to submit the form or not suspensions it allows the students make up the work theme as specifies that that information can be can be included on the health assessment transmittal form and specified through as access to that form and requires a report to the joint legislative of oversight committee on HHS and joint legislative education oversight committee. This bill came both through the health care committee and the education committee, and I think there is a friendly amendment too out there, thanks. Senator Davis, for what do you rise? To speak on the bill in support of the amendment. Senator Davis you have the floor to speak to the bill. Thanks, Mr. present members, after 30 days of the health assessment is not submitted then the student would not be allowed to come to school. I'm also according to the bill kindly request that the parent be able to get the assignments and so at this time would like to send forth an amendment to help connect some dots here because there are some concerns of making sure that parents were where at that, how they're able to request those assignments. Thank you Senator, the Clerk will read. Senator Davis moves to amend the bill. Senator Davis is recognized to explain the amendment. This amendment unless if passed, it would simply allow for into deficiency notice, the parents to be notified that indeed they have the ability to request the assignment, and I do ask for your support. Do we have any discussion or debate on and the amendment? 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, the Clerk will record the vote. Woodward, Aye. Soucek, aye, Lowe, Hise. 46 having voted in the affirmative and one in the negative, amendment one is adopted. The bill as as amended is back before the body. Senator Davis, for what purpose do you rise? To speak on the bill and send forth a second amendment. Which one would you like to do first Senator? Speak briefly. You can speak to the bill Senator. Greene County, we've taken some tremendous steps years ago to put laptops in the hands of most of our students and there's a lot of efforts across the State to move towards digital devices and through the digital device we're actually are able to download e-books and other supplemental material, this

bill in the process of making up assignments it would allow the students to have text books, I would like to sent forth an amendment this time that would simply allow for digital devices. Clerk will read   Senator Davis moves to amend the bill Senator Davis is recognized to explain the amendment. This a amendment simply allows the opportunity for kids to spend authorised or our prayer is that digital device to use that device if they have to go home. I ask for your support. Do we have any discussion or debate amendment two? Hearing none question before the senate is adoption of amendment two, all in favor  vote aye, oppose will vote no, five seconds be allowed for the voting, clerk will record the vote. Mckissick aye. 49 having voted in the affirmative and zero in the negative amendment two is adopted, the bill has amended is back before the body. Do we have any further discussion or debate? Senator Anderson for what purpose do you rise? Mr. President could I change my vote on amendment one from no to yes? Senator Anderson changes his vote on amendment one from no to yes and the final count was 47 zero. Senator Tarte for what purpose do you rise? Put forth the amendment. You can send forth your amendment senator. It should be on the dashboard, members this. Hold on one second Senator. Clerk will read. Senator Tarte moves to amend the bill. Senator Tarte is recognized to explain the amendment. Thank you Mr President, Members this amendment merely changes one word from attach to provide just for clarification purposes thank you. Do we have any discussion or debate on amendment three? Hearing non, the question before the senate is the adoption of amendment three, all in favor of vote I, oppose of vote no. Five seconds be allowed for the voting, clerk will record the vote. 49 having voted in the affirmative and zero in the negative, amendment three is adopted the bill as amended is back before the body. Any further discussion or debate? Hearing none, the question before the Senate is the passage of the Senate Committee Substitute to House bill 13 has amended on its second reading, all in favor of vote aye oppose of vote no, five seconds to be allowed for the reading clerk will record the vote. 49 having voted in the affirmative and zero in the negative, the Senate Committee Substitute to House bill 13 as amended passes it's second reading without objection, be read a third time North Carolina general Assembly Enacts. Any discussion or debate? Hearing non the question before the senate is the passage of Senate Committee Substitute House Bill 13 as amended on its third reading all in favor say aye? Aye! Oppose no? The ayes have it, Senate Committee Substitute to House Blll 13 has amended pass its third reading the amendment will be engrossed to be sent to the house for concurrence in the Senate Committee Substitute. House Bill 174, clerk will read. House bill 174, landlord, tenant foreclosure and eviction changes. Senator Wells is recognized to explain the bill. Thank you Mr. President, members House bill 174 does several things, section one and two do offer it's additional protection for those that are residents and a home that has undergone or undergoing foreclosure, section three clarifies the definition of an option contract. Section four revises the form used for contracts with deed and section five are revisions to a parties that are able to engage in a full closure rescue transaction, I ask for your support Do we have any discussion or debate on the bill? Hearing none the question for the senate is the passage of committee substitute the house bill 174 on its second reading all in favor vote aye, oppose vote no five second be allowed for the voting, clerk will record the vote. Jackson aye, Ford aye, Clock aye, Rabin Harnett county aye. 49 having voted in the affirmative and zero in the negative committee substitute the House Bill 174 passed its seconding reading without objection be read a third time North Carolina General Assembly Enacts. Any discussion or debate? Hearing none the question before the Senate of passage of the committee substitute to House Bill 174 in it's third reading, all in favor will say aye? Opposed no? The ayes have it.committee substitute to House Bill 174 passes it's third reading, it will be enrolled and sent to the Governor. House Bill 184, clerk will read. House Bill 184, Change DCR Process for Unclaimed Property.

Senator Sanderson is recognized to explain the bill. Thank you Mr President, members of the Senate. House Bill 184 is legislation that was requested by the Department of Culture Resources. It does four very short things: It permits the Office Archives and History to use the net proceeds of sales of artifacts for the maintenance or conservation of other artifacts, it clarifies the circumstances and procedures under which a public, or private museum, or archives repository may acquire title to loan property, it will cause all restrictions own access to public records to expire 100 years after creation of the record was specified exception and it clarifies that all photographs, video recordings or other documentary materials of a [xx] vessel or a ship wreck, voice contents in the custody of any agency of North Carolina government or it's subdivision or a public record, Mr. President I'd like to part time send forth an amendment You can send fourth your amendment senator and the clerk will read. Senator Anderson the move to amend the bill. Senator Anderson is recognized to explain the amendment. Thank you Mr. President, amendment is a totally technical amendment to make a few changes in some of the words that are culture resources suggested would make their work easier we request your support on the amendment. Do we have any discussion or debate on the amendment? Hearing none, before this senate is the adoption of the one all in favor will vote aye, opposed no, five seconds will be allowed for the voting and the clerk will record will record the vote. Senator Low aye, Hise and Gun aye, aye. 49 having voted in affirmative and zero in the negative, amendment one is adopted the bill as amended is back before the body senator Apodaca for what purpose do you rise? Mr. President send fourth an amendment please. Senator Apodaca send forward your amendment Clerk will read Senator Apodaca moves to amend the bill. Senator Apodaca s recognized to explain the amendment. Thank you Mr. President, have we gotten up in the screen yet? Yes it is senator. Senator Torbett seems to be having some problems, okay he is good, all right. I thank you Mr. President, members this came to me out of my own household. My wife has a disease called shopping bulimia, when she buys something she doesn't keep it, a lot of me she takes it back has been known to lose the receipt, so we passed the law in 2012 dealing with gift cards. Well if you take of item you purchased back to a store when you don't have the receipt, for instance belts and they'll issue a gift card. If the gift card date not have an expiration date on it, it's supposed to be good for ever until it's used. But the Treasure's office was taking those funds after three years, so if the gift card had not been used, the Treasures office was taking the money and that created quite a problem they cheated it. So this just says if gift card is issued without an expiration date it does not expire and the Treasured office cannot come in and take the money and far as I know everybody's on board with this treasures office and the Merchants Association and it goes back retroactively to 2012 to correct this. So on behalf of all those who cars and do not use them for returning merchandise, this is an excellent bill, Senator Tillman I will not yield, thank you. Senator Tillman for what purpose do you rise? Well then to speak on the bill, the amendment. Senator Tillman you have the floor to speak on the amendment. I was simply curious Mr. President, if 2012 would cover [xx] it won't cover Mayor Tillman he needs to go back to 2000, thank you. Good Phil. Senator Blue for what purpose you rise? Represent Senator Apodaca you have a question. Senator Apodaca do you yield? I will. Senator Apodaca I'm totally in favor of this concept but 50 years from now when the company still has these things on their books, would it be any harm after a long term if these things are in fact dare the street to the state. Senator Blue thank you for the question and if I'm not mistaking there is a statute in here dealing with abandoned property that it would fall under after a time period, but I'm not certain what that time period is but is longer than three years. Any further discussion or debate on amendment 2?

Hearing none the question before the Senate is adoption of amendment 2, all in favor vote aye, opposed will vote no. 5 seconds will be allowed for the voting, clerk to record the vote. 49 having voted in the affirmative and 0 in the negative amendment 2 is adopted, the bill as amended is back before the body do we have any further discussion or debate on the bill as amended? Senator Mclnnis for what purpose do you arise? Speak to the bill. Senator Mclnnis you have the floor to speak to the bill. Thank you Mr. President. Ladies and gentlemen of the Senate I noticed in this bill that it has a very antiquated process or due process, if you will, for someone in regards to the title of loan property at a museum or an archives of repository as it relates again, so the state acquiring title relying only on two weeks of publication in a a local newspaper or the last to address of someone that might have left or loaned that item with a very minimal amount of modern technology and at appropriate time Mr. President I would object the third reading. Do we have any further discussion or debate on the bill as amended? Hearing none senate passes the senate committee substitute the house bill 184 as amended on it's second reading, all in favor will vote aye, oppose will vote no, five seconds to be allowed for the voting, clerk will record the vote Apodaca aye. Senator Bryant, aye. 48 having voted in the affirmative and one the negative Senate Committee Substitute to House Bill 184 as amended passes its second reading Senator McInnis objects to third reading and it will remain on the calendar. House Bill 446 clerk will read. House Bill 446 the main Statutes of Governing Bail's Bondsman Senator [xx] is recognized to explain the bill Thank you Mr. President, House Bill 446 amends the laws governing bail bondsman by increasing the minimum age to qualify for [xx] as a bails bondsman or runner from 18 to 21 years of age, it [xx] the time within which a bondsman is required to return collateral from termination of liability on the bond from 72 hours to 15 days. In committee Senator Bryant questioned why 15 days and the answer is that in a criminal case that appeal period is tens days so this will allow the appeal period to expire before the collateral is returned. The bill provide that may be in the best permanent incapacitation or other circumstances resulting in the return of a bondsman license, the commissioner would return the portion of the security deposit in excess of that required to secure outstanding bond liability. The bill also grants bondsman access to lay its civil records, they already have access to the criminal system which is known as ISIS, this will allow them access to vecap[sp?] which is the civil system where bond forfeitures are recorded. I know I have no opposition and ask for your support. Do we have any discussion or debate? Senator Apodaca for what purpose do you rise? Mr. President, send forth the Roll 29 Recusal. Thank you Senator. Any further discussion or debate? Senator Bryant for what purpose do you rise?   To ask the bill sponsor a question. Senator Randleman do you yield for a question? Yes sir. Thank you. Senator Randleman I was noticing you mentioned access to the civil records at administrative office of the courts. Is this the only group that that have that access and do they have to pay any cost? The do have to pay a fee to go on the system so you have other people who work in the court system that do have access to the ACIS and to VCAP. Is this, follow up Mr. Senator Randleman do you yield for follow up? Yes Sir. Is this the only group outside of the ALC staff and maybe I guess lawyers or whatever that would have access to this system? For me to answer the question I would say to you that the bill bondsman are officers of the court, so I don't know any other individual who is not considered an officer of that court that does have access. OK. One more follow up. Senator Randleman do you yield for follow up? Yes sir. I Thank you for your explanation about the 72 hours to 15 days. What happens if a person is say for example found not guilty and the charges are dismissed? Will they still have to wait 15 days or is that just the outside limit or how does that work? I think the bondsman will go

ahead and return the manual in a timely fashion or any other type of collateral, but this would allow them the option to hold the money in those other cases to see if the case is going to be appealed. Thank you Mr President, and thank you Senator Randleman. Thank you Senator. Any further discussion or debate on the bill? Hearing none, the question before the Senate is the passage of the Committee Substitute to House Bill 446 on it's Second Reading. All in favor will vote Aye, opposed will vote No, five seconds to be allowed for the voting, the Clerk will record the vote. 48 having voted in the Affirmative and 0 in the Negative, the Committee Substitute to House Bill 446 passes its Second Reading and 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 the Committee Substitute to House Bill 446 on its Third Reading. All in favor will say Aye. Aye. Opposed No, the Ayes have it, the Committee Substitute to House Bill 446 passes its Third Reading, it will be enrolled and sent to the Governor. House Bill 562, House Bill 562 amend firearms law. Senator Tarr is recognized to explain the bill. Thank you Mr. President, members. While I get the pleasure and the honor of talking about the modifications to our firearm laws that will put forward and have been working on with the house members, we ran this bill through judiciary too, we spend over 40 minute going over in detail and that with members from both sides that try to answer all questions. I understand very well and appreciate the sensitivity to this kind of registration. I get that on one side there're spectrum we have folks who would prefer to have hand guns and firearms banned completely, I fully appreciate their thoughts and sentiments. On the other side of the spectrum I understand and appreciate those folks that would love us to have concealed prayer without any restrictions, without any background checks whatsoever, I appreciate their position, but this bill is not a stand alone bill in itself. It's a series provisions and statutes modify existing statutes that are already in its place. The primary purpose is to standardize and unify procedures across about eight or nine different statutes so they're consistent. Gives us consistent application of our firearm's laws and permitting processes, across all 100 counties and it clarifies who can use handguns in certain instances. It clarifies certain instances as example with a [xx] state in the state fair during operation of the state fair for that fortnight, that hand guns concealed carrier will not be allowed be on the state fair ground. Well it's in operation, it's an example. We clarify that the DAs, and assistant DAs, and investigators may carry concealed in court rooms, under certain written permissions. We go through this bill as well and we deal with standardizations and tightening around mental health. So the background checks and information, it is important and imperative keep firearms out of people who do not have the mental capacity or demonstrated the behavior to carry a firearm, concealed or otherwise we'll look at standardizing the permitting process. So the nature of the permit and the information that's going to be asked and secured by our sheriffs is the same. We are looking to tighten the NICS background check system. We want that system in place, we want it to be accurate. We're going to have requirements that data is provided to that organization nonentity from our law enforcement agencies. We're looking to put a study in place that will allow us to actually do background checks on private transactions in sales of firearms, and looking at how we get information for those instances through out this bill. There are a number of other things but they all pertain to those categories. I'm happy to try to entertain whatever questions the members may have, I will tell you in discussing with people from ideological perspectives of against firearms, to for firearms, to people politically aligned that may be against this or for it, that as a general everybody has said this is a good bill, these are good provisions that we're clarifying I understand and appreciate there are folks that are not going to be able to support this legislation, and to that extent in part of our discussions with the broad body is we are not going to modify this bill. So I'm going to ask respectfully that there are no amendments put forward. This is just merely clarifications and tightening up the existing statutes that we have on the books. So with that I'll be happy to answer any questions that I can. Do you have any discussion or debate on the bill? Hearing none, Senator Bryant, for what purpose do you rise? To ask the bill sponsor a question. Senator Tarte do you yield for a question? Absolutely. Thank you Mr. President. Senator Tarte I'm trying to

find the reference but there was somewhere in here that firearm rights are defined, and exempted from that definition, deleted from that definition was an exemption that have previously existed for machine guns, can you explain that? Are you familiar with provision I'm describing? Well actually I'm not for the provision but I know statute. Its statute 409 that deals with machine guns and they are specifically stated in here to be removed that you're not allowed to carry concealed or be permitted to have a machine gun, and a machine is merely automated weapon that with press trigger fires multiple bullets and has quite numbers rounds so they would not be allowed by their statutes. Okay are you familiar with the. Senator Todd do you yield for follow up? Yes Sir. Yes please, thank you Sir, are you familiar with the provision that fights firearm right and then delete the chapter that provision that or defines machine guns they are an exemption in I don't know. I noted specific senator Brown where that is the exact language that does that. Okay thank you. Do we any further discussion or debate? Senator McKissick for what purpose do you rise? To debate the bill. Senator McKissick you have the floor. On the first senator Todd and all the colleagues in the house who've worked over this bill, and all the stakeholders who've come together to try to make this bill a good workable bill. Certainly some of the most objectionable provisions that were in this bill have been removed and deleted, and for those that worked together for this, I want to thank you for doing so, certainly appreciate the authority that's recognized for making a transfer over at Department of Agriculture should have banned guns from our state fair grounds, the last place we need guns or weapons on our state fair grounds during a state fair occasion such as that. I still continue to have problems with some of the provisions in this bill, the limitations that are there, on the sheriff to go back and look at good over five years, well I think that if somebody did something that was despicable was involved in criminal conduct that many of us would feel would be repulsive. I want that sherioff to be able to go back look more in five years and making that type of determination I think it's fine, if we're sitting here trying to define the circumstances under which firearms could be safely used, but we've legitimized in this bill something I've always had a problem with to start with, and that is taking firearms onto the school properties, educational properties. I don't think they need to be there. So this language and attempt to kind of say well you can take the gun if it was concealed and move around from one place to the other and slightly expose it for a while, I don't want the guns out there. I don't think we need to be able to go out there and retrieve guns from these vehicles and use them in potential and ways that could be problematic. I don't think we need more guns in our court rooms, and this law would allow for that. We've got bailiffs in our court rooms. We've seen incidents all over the country, I suppose every six, eight months or whatever the [xx] might happen to be there's something occurring in some jurisdiction where something got out of control in a court room. The more weapons you have being carried by more people, under those circumstances, the probability increases that that weapon will fall into the wrong hands. Certainly someone will stand up and say perhaps today, or if not today might have said it on some other occasion, well having that gun will protect people. I don't think that's necessarily so. It's equally likely that that gun can get misused or that gun can get abused. So for those reasons as well as many others I still don't feel comfortable with the bill the way it is today, and I cannot support it. I thank those who've worked on this bill vigorously. I thank you for removing some of the most problematic and objectionable provisions, but anything that enhances the probability that a firearm will end up in the wrong hands and end up being abused or misused is a bill that's going trouble me. Senator Tillman for what purpose do you rise? Speak on the bill. Senator Tillman has the floor to speak to the bill. Senator McKissick if we pass the bill that you would vote for, none of the rest of us would. You know why the Israeli airlines are never hijacked? I'm not asking this question, I'm asking rhetorically. Everyone knows including the

terrorist that are about four or five gentlemen dressed in probably suits and business retirement that have guns with silencers on them. Funny thing they'd never hijacked one of those planes. If you were in a classroom as professor over Virginia tech a few years ago, you could have stopped the killing that kill thirty something people, or in the theaters around the country. But if these forks don't have some way of protecting themselves they are setting ducks. If one of the terrorist walked in here I would like for him to meet two friends of mine called Mr. Smith and Mr. Wesson. But since we don't have them senator, we're sitting ducks. all I can say about gun bill folks is the bad people will always have them, and if you don't want the good people to have them, then we're sitting there as a target. That's all I would say about the gun bills. Senator Smith Ingram for the purpose do you rise? To see if Senator Tarte will answer a question. Senator Tarte do you yield? I do. Senator Tarte my question comes from page three section two. I'm trying to get an understanding of when it would be possible to use the conceal carry as an affirmative defense. So with the scenario that someone has a gun on a community college campus and they got in an altercation or an argument with someone coming from class. Would that person have the right to go to their car, take out their gun, go back to the building where they had the altercation and confront and then use this as an affirmative defense or does it have to occur in the parking lot? Neither. Neither one of those instances is affirmative defense. The easiest definition in where affirmative defense applies is when your life, you feel your life in threat and requires deadly force to stop that the moment you turn around and walk away that no longer applies because you obviously didn't feel that sense. Thank you Mr. President Senator Todd can answer one more question for me. Senator Todd do you yield for another question? I do as long as it's not math Good one page nine okay, I'm sorry no I'm sorry page six section nine Does that mean I have to subtract three? Yes okay, hold on one second, okay I'm there For the violations for violating conceal carry if there was private property and there is notice posted, I see where we are adding the provision that we are making instead of a misdemeanor an infraction payable with a $500 fine, doesn't that lessen the punity of violating no conceal carry permits? Yeah the intent why the infraction is changed this particularly penalty and it applies where you go into a business that is posted no firearms allowed if you take a concealed carry in you can be written up as a misdemeanor and what this does, because it happens in rare occasion where somebody inevitably do that thought was change so its an infraction therefore it's not a criminal action but at the same time make it a pretty severe financial penalty will force you to remember to do that. So I think the general thought and consensus was $500 is a pretty good way to jog somebody's memory not to do that Thank you. Mr. President, speak to the bill. Senator Smith-Ingram, you have the floor to speak to the bill. I I've had to balance my concerns with this bill with some of Senator McKissick's concerns, as well as the response that you gave Senator Tillman, about bad people will have guns. My concern is when we look at the tragedies that have occurred across America, and particularly south of the border, I do believe that there were a church member who had conceal carry permit and they were able to carry a gun I believe that some lives could have been saved. As a minister and as a clergy woman who has worked in church administration, I think it's so important now more than ever before that our churches, our places of worship, our schools, we have the ability to protect ourselves, and so it's very hard for me though to balance that with the safety issues that come into effect when we allow guns and more guns, or the ability to have more guns on our campuses for education. So it is going to be tough for me, but at the end of the day I have to support this bill because

I do believe that it will allow us to be safer than we have been, and it tightens up a few laws. Thank you Senators, any further discussion or debate on the bill? Hearing none, the question before the Senate is the passage of the Committee Substitute to House Bill 562 on its Second Reading. All in favor will vote Aye, opposed will vote No, five seconds to be allowed for the voting. the clerk will record the vote. 40 having voted in the affirmative and 9 in the negative, Committee Substitute to House Bill 562 passes its second reading without objection and 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 the Committee Substitute to House Bill 562 on its third reading. All in favor will say aye? Opposed no? The aye's have it, Committee Substitute to House Bill 562 passes it's third reading it will be enrolled and sent to the governor. House Bill 584 the clerk will read. House Bill 584, Use of Position/Letters of Reference. Senator Daniel is recognized to explain the bill. thank you Mr. President. Members of the Senate this is a simple bill that just quantifies[sp?] in the State Government Ethics Act that legislators and covered persons are allowed to use their public positions to write letters of character reference for individuals that may be seeking a scholarship, seeking admission to a school, seeking a job, or perhaps seeking leniency in some kind of criminal proceeding, and I ask for your support. Do we have any discussion or debate on the bill? Hearing none the question before the Senate is the passage of the Senate Committee Substitute to House Bill 584 on it's second reading, all in favor will vote aye, opposed will no. Five seconds to be allowed for the voting, the clerk will record the vote. Tillman aye. Hise aye. Tillman was aye. 49 having voted in the affirmative and 0 in the negative, the Senate Committee Substitute to House Bill 584 passes it's second reading without objection will 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 Senate Committee Substitute to House Bill 584 on it's third reading, all in favor will say aye? Opposed no? The ayes have it. Senate Committee Substitute to House Bill 584 passes its third reading it will be sent to the House for concurrence in the Senate Committee Substitute. Senator Barringer, for what purpose do you rise? To explain House Bill 607 but I guess it needs to be announced first. Sorry Senator, House Bill 607 the clerk will read. House Bill 607, Allow Protected Consumer Security Freezes. Senator Barringer is recognized to explain the bill. Thank you Mr. President. We have before us House Bill 607 which is a bill to allow our parents and guardians to freeze the credit of their children. The Child Identity Fraud Survey in 2012 determined that 1 in 40 households has a child whose personal information has been compromised by identity criminals. In addition to children it also will allow the raising of credit for incapacitated persons and those whom a guardian or guardian had lied to them have been appointed. I'll be glad to answer any questions, but that's the gist of it. It's a good bill and I ask you for your support. If we have any discussion or debate. Senator Stan, for what purpose to you rise? To debate the Bill. Senator Stan, you have the floor to debate the bill. I want to thank Senator Barringer, I want to thank the House sponsors. A couple years ago we added a provision that allowed seniors to get the security fees for free and North Carolina has been on the cutting edge of identity theft protection and so that we were one of the first states to do that and at that time the credit bureaus didn't have the capacity to deal with children because they didn't even have a credible report at that time. Since we did our law a few years ago, the majority of states I think now have this provision where children can get, parents can get security frisk to protect their kids and it's so important given the number of instances we read about in the newspaper where people are having their social security number stolen and they get circulated and one criminal that's on the internet and so I think this is a great provision and I think it's time for North Carolina back up after having being a leader for so long. Thank you. Do you have any further discussion or debate? Hearing none, the question for the senate is the passage of senate committee substitute house bill 607 on its second reading. All in favor will vote aye oppose will vote no, five seconds will last for the voting. Clerk will record he vote. 49 having voted in the affirmative and zero in the negative senate committee substitute to house bill 607 passes its second reading without objection be read the third time. North Carolina general assembly annex. Do we have any discussion or debate? Hearing none the question before the senate is the passage of the senate committee substitute to house bill 607 on its third reading all

in favor will say aye, opposed no, the ayes have it. Senate committee substitute house bill 607 passes its third reading it will be sent to the house for concurrency in the senate committee substitute. House bill 651, clerk will read. House bill 651 Appraisal Bd. Recordkeeping and background check. Senator Raven is recognized to explain the bill. before explaining the bill, I would like send in an amendment it's on the dashboard, it's a technical amendment hold one second, The clerk will read  Senator Rabin wish to amend the bill  Senator Rabin is recognized to explain the amendment The amendment is simple amendment its technical in nature it puts a date certain on the bill instead of an open date. Do we have any discussion or debate on the amendment? Hearing none the question for the senate is adoption amendment one all in favor vote aye, oppose vote no, five seconds will be allowed for the voting clerk to record the vote. Senator Cook, Cook? Senator Cook aye. 49 having voted in the affirmative and zero in the negative amendment one is adopted the bill as amended is back before the body Senator Rabin would you like to explain the bill?   Yes I would, this bill house bill 651 is small and independent business friendly The first part of the bill deals with a time increment with regard to how long responsibility in law suites can happen based on appraisals. The second part of the bill deals with how frequently an appraiser has to have a background check, current way the appraiser management companies or the loan companies with the banks can cause small independent business person to head through for ground checks a year. Now this legislation simply says one background check, a background check that is valid during the proceeding year is good enough to cover most. I ask for you support in the bill, thank you very much. Do we have any discussion or for the debate on the bill as amended? Hearing none the question for the senate is the passage of senate committee substitute the House Bill 651 as amended on second reading on favor vote aye, oppose will vote no five second be allowed for the voting and the clerk will record the vote 49 having voted in the affirmative and 0 in the negative, the Senate Committee Substitute to House Bill 651 as amended passes its second reading without objection, will 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 House Bill 651 as amended on its third reading. All in favor say aye? Opposed no? The ayes have it. Senate Committee Substitute to House Bill 651 as amended passes its third reading. Amendment will be engrossed and will be sent to the House for concurrence in the Senate Committee Substitute. House Bill 774, clerk will read. House Bill 774, Restoring Proper Justice Act. Senator Newton is recognized to explain the bill. Thank you, Mr. President. First I'd like to send forward an amendment. You can send forward your amendment Senator. It should be on the dashboard. And the Clerk will read. Senator Newton moves to amend the bill. Senator Newton is recognized to explain the amendment. Thank you, Mr. President. Colleagues, this amendment adds a severability clause to the bill. As we go forward on this important piece of legislation it's inevitable that there's there's going to be litigation, and a severability clause simply means that if some part of it is put on hold or struck down the rest of the bill will stand. So I ask for your support for the amendment. Do we have any discussion or debate on the amendment? Hearing none, the question before the Senate is the, one second Senators let's get that out. Question before the Senate is the, hold on one second, there we go. 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 will record the vote. Waddell and Clark, aye and aye. 46 having voted in the affirmative and 3 in the negative, amendment 1 is adopted. The bill as amended is back before the body. Do we have any further discussion or debate? Senator Newton for what purpose do you rise? Speak to the bill. You have the floor Senator. Thank you. Explain the bill I should say. You have floor Senator. Thank you, Mr. President. Members, this is an important piece of legislation. As we all know capital punishment is the law of the state, and it's a severe penalty that's allowed in

our constitution and this is then obviously subject to big debate and great more question, the taking of life by the state for serious heinous acts after due process. What this amendment, excuse me, what this bill does is simply clarify the procedure for the state on how we're going to get forward. Sections 1 and 2 makes it clear that it allows that medical personnel other than a medical doctor can attend to an execution. Sections 3 and 4 clarify the procedures, that the procedures for execution are exempt from the rule making process and section 6 clarifies that those who manufacture or administer the drugs used in execution, that they are not subject to public records, and public records law. With that I think it's fairly self explanatory and I'll be happy to answer any questions. 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 774. Mr. President. Senator Bryant for what purpose do you rise? To send forward an amendment. Senator Bryant you can send forward your amendment. Here [xx] the clerk will read. Senator Bryant moves to amend the bill. Senator Bryant recognized to explain the amendment. Thank you Mr. President, ladies and gentlemen of the senate. This amendment would do two things, it would provide that our public executions under article 19 of chapter 15 would be subject to rule making under the administrative procedures act, and thence it would also delete the portion of the bill that removes the knowledge about the drug, the manufacturing of the drugs used in the execution from public information. And the purpose of this amendment is the fact that with this being most severe and ultimate penalty that we as a state impose, it is very important that it inspires the greatest of public confidence. And there's going to be litigation about it whatever we do. So it is I think  un-American and not in the spirit of our founding principles to want to keep execution secret and information about them secret so that people who oppose them cannot protest or contest the executions. I think it is incumbent upon us to let those who object to pursue the rightful avenues they have in our country and under our constitution to do that, and also our constitution provides the majority of the populars wants to use executions in this matter and the courts upholded it's constitutional and the process of it being constitutional then it will go forth, and to attempt to circumvent that out of some interest in expediting executions in spite of the objections I think it's a problematic and will spark public concern about the execution process. We've seen across the country botched executions and various problems with executions as a result of people trying to circumvent the constitutional and regular governmental process that allows for public oversight and input. In addition there have been a lot of cases about exposing what these drugs are even when the state government is trying to keep them secret. So there isn't going to be no way to avoid challenge and litigation. So in my mind, why not be as open about it as we can in the strongest public process we can so that when we do have executions it is with the full force of our governmental process and our public oversight. So for that reason I would ask support for the amendment. Thank you. Senator Newton for what purpose do you rise? To speak to the amendment. Senator Newton you have the floor to speak to the amendment. Thank you Mr. President. Thank you colleagues. I would ask you to vote against this amendment, the two parts that Senator Bryant referred to in the amendment.

First of all, the protocols for executions in this state are already public and are well publicized about the manner in which it takes place. As to the manufacturer of what drugs may be used in the execution, we don't publicize the personnel, DPS who are involved in execution, and it is important that the manufacturers be allowed by contract to stay confidential so that they aren't litigated to death in order to prevent them from selling these drugs to the state. Furthermore as to the rule making process, it's never been a part of the North Carolina execution protocols and there are changes from time to time and every time there was a change you would have to go through the rule making process which would be dragged out for one or two more years every time there was a change. So for those reasons I to ask you to vote against the amendment. Do we have any discussion or debate on the amendment? Senator Robinson for what purpose do you rise? To speak on the amendment. Senator Robinson has the forward to speak on the amendment. Thank you Mr. President. Ladies and gentlemen I support the amendment for several reasons. One if that we are now and we recently discussed in health care, alternative medications and of course that information is presented by pharmaceuticals, we know the details, we're asking for what are the implications etcetera, and this is a very serious implication. This is the ending of somebody's life, and if this body is going to support that then it is utmost that the public should know what those drugs are, who those manufacturers are, and then have the ability to yes scrutinize that, they scrutinize every when mitigation about whatever, but it's the public's right to know, and it certainly is the right of the family members of that individual who is being executed to have all knowledge that's available. So I support this amendment and it is a small piece. This is talking about ending a life, and every where else we've talked about ending a life in this assembly, it has been something that people here have spoken out on, taken seriously, et cetera. This is just as important and we ought to have all the information about the drugs that have been used. So I support the amendment, I hope you will. We have any further discussion or debate on the amendment? Hearing none the question for the Senate is the adoption of amendment two, all in favor vote aye, opposed will vote no, five seconds to be allowed for the voting and the clerk record the vote. 17 having voted in the affirmative, and 32 in the negative. Amendment two fails the bill as amended is back 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. The House Bill 774 as amended on its second reading. All in favor vote aye, oppose vote no, five seconds, fill out for the voting and the clerk will record the vote. Raven, I 33 having voted in the affirmative and 16 in the negative senate committee substitute to House Bill 774 as amended passes its second reading without objection be read the third time. North Carolina General assembly annex. Any discussion or debate? Hearing none, question for the senate is the passage of the senate committee substitute, the house bill 774 as amended on it's third reading. All in favor of it say aye. Oppose no. The ayes have it. The Senate Committee Substitute, the House Bill 774 as amended, passes its third reading. The amendment will be engrossed, will be sent to the House for a concurrence in the Senate Committee Substitute. House Bill 800, the Clerk will read. House Bill 800, Clarify Motor Vehicle Dealer Laws. Senator Apodaca is recognized to explain the bill. Thank you Mr. President. Another sign that the end is near, this is the Motor Dealers Franchise Laws that we look at, it seems like every year. We've already passed the Senate-companion add-up[sp?] here and it got over to the House and they fixed it up and sent it back in their bill. I can read the three-page

bill explanation I've got if you'd like me to. I can say this, everybody is in agreement. I think all questions have been answered and I recommend it to you, and be happy to answer any questions. Do we have any discussion or debate on the bill? Senator Alexander, for what purpose do you rise? Mr. President, I have to recuse myself and I've already send the form in. Thank you, Senator. Any further discussion or debate? Hearing none, the question before the Senate is the passage of the Senate Committee Substitute to House Bill 800 on its Second Reading. all in favor will vote aye, oppose will vote no, five seconds will be allowed for the voting, the clerk will record the vote. Lowe, Senator Lowe, R. Bryant[sp?] 47 having voted in the affirmative and 0 in the negative, committee substitute to House Bill 800 passes its second reading without objection to be read a third time. North Carolina General Assembly annex[sp?]. Any discussion or debate? Hearing none, the question before the senate is the passage of the senate committee substitute to House Bill 800 on its third reading all in favor say aye, Aye! there's no. The ayes have it. Senate Committee Substitute to House Bill 800 passes it's third reading. It will be sent to the house for a concurrence and the senate committee substitute. [xx] [xx] House Bill 553, clerk will read. House Bill 553, Ordinance Regulating Animals. Senator Jackson is recognized to explain the Bill. Thank you Mr. President. Members, I I think we had some confusion on Thursday, but all to my knowledge has been changed then everybody understands what we were trying trying to accomplish with the bill and actually new language has been changed. I would like to say that Senator Wood have had a big part in this early on and the process and I appreciate his help on it. I would ask that you go ahead and let's approve this for Third Reading, thank you. Do we have any discussion or debate on the bill? Hearing none, the question before the Senate is the passage of the Senate Committee Substitute to House Bill 553 on its Third Reading. 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. Apodaca, Aye. 48 having voted in the Affirmative and 1 in the Negative, Senate Committee Substitute to HB 553 passes its Third Reading, it will be sent to the House for concurrence in the Senate Committee Substitute. Mr. President? Senator Apodaca, for what purpose do you rise? A few minutes ago we voted out HB 774, Restoring Proper Justice Act. I move that it be sent to the House by special messenger. So ordered. Moving on to Public Bills for Concurrence SB 678, the Clerk will read. SB 678, Amend Debt Collection Statutes. Senator Gunn is recognized. Thank you, Mr. President. This bill made clarifying changes to the North Carolina Debtor Collector Act. The House added the word designated to clarify a party to whom a borrower may authorize a creditor contact. All stakeholders agree, I urge that you concur. Senator Gunn asks that you concur, in the motion are we having a discussion or debate? Hearing none, the question before the Senate is the motion to concur in the Committee Substitute to SB 678. 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. 49 having voted in the Affirmative and 0 in the Negative, the Senate concurs in the Committee Substitute to SB 678, it will be enrolled and sent to the Governor. SB 679, the Clerk will read. SB 679, North Carolina Consumer Finance Act Amendments. Senator Gunn is recognized. Thank you, Mr. President. The House adopted a PCS to clarify how act or military status could be confirmed, an added use of the terms commanding officer and executive officer.

I know of no objections I urge that you concur. Senator Gunn asks you can concur, do we have any discussion or debate on the motion? Hearing none the question before is the Senate is the motion to concur in the House Committee Substitute to Senate Bill 679. All in favor vote aye, opposed will vote no. Five seconds to be allowed for the voting and the clerk will record the vote. Bryant, aye. Lowe, aye. Rucho, aye. Blue, aye. Ford, aye. No, Ford was no. Blue is no. Mr. President. Thank you Senator. I can't see that far sorry. Do we have anybody else who want to change their vote? Mr. President, change my vote to no please. Senator Foushee changes her vote to no. Anybody else? Mr. President? Senator Smith-Ingram changes her vote to no. Mr. President. Senator Waddell changes her vote to no. Anybody else? Alright 39 having voted in the affirmative and 10 in the negative, the Senate concurs in the House Committee Substitute to Senate Bill 679, it will be enrolled and sent to the governor. And believe or not that wraps up our calendar for the evening. At this time we'd like to, our pages here today, are our pages still here? I'd like to introduce our pages. So pages make your way around here to the front of the dias and we'll recognize you. And they get lined up clerk will read. Pages serving in the chamber this week: Akira Baker, Charlotte. Davis Baldwin, Wilmington. Stephen Brut[sp?], Raleigh. Alexa Brian, Durham. Joseph Kini[sp?] New Bern. Alexander Chadwick, Greensboro Nick Dreyfus, Fuquay-Varina. Candon Goodwin, Newton Grove. Dylan Hallermann, Raleigh. Phelon Jonah Weldon, Miles Lee, Welmington, [xx] Newton, Wilson, Jack Reimer the forth Weinster[sp?] Sailum[sp?] Nick Simmon advance Zoe [xx] Edith, Raleigh. There you go. Catril Tillery [xx]. Pages thank you for serving us this week. Senator Tillman for what purpose is your rise? Mr. President it's not my bedtime yet and I want to share a moment of personal privilege [xx] Senator [xx] for a moment of personal privilege We may be here a while so I think [xx] other think about something worth sharing every now and then, Senator Brock has been here you won't believe it this is his seventh term I resent several things about it him, his views. Number one, I got grandchildren almost his age. Secondly he's got all of his hair and as far as I'm seeing none of it is grey. [xx] I want to share a story by Senator Barrack, he was probably one of the youngest senators that this State has elected and his grandfather and everybody else, if will hear him tell it, was down   either in some big role senate or whatever and I think you were probably right about that. I hate to reveal personal information and I'm aware do that, Senator Lowey I would do it to you but, Senator Barrack applied for, and I won't give you his real number, but he applied for a credit report a few years ago. I think he wanted to borrow $100 and the bank didn't trust him. Anyway he applied credit report and not to share the number that they came back with, but they send him a $5 check with the report. True story isn't this Andrew?  He told me that. Do we have any other notices or announcements? Senator Meredith, for what purpose do you rise? Thank Mr. President President, I want to change my vote on senate bill 679 from I don't know, please? 679 I do not know merit in the final number, please. 38 to 11. Senator Tillman, for what purpose do you rise? Mr. President, this may be out order Senator Yarborough, don't look at me like that? Senator Tillman, for what purpose do you rise?  Another moment of personal privilege.  You have the floor senator. I don't speak long, I don't know that much, but I want to address my democrat friends. How are you having

voted against it and I expected that, I was shocked by the number that voted with us on that, and what I want to say is that I'm very sorry, had I known you were going to be this cooperative, I would have heard more of your bills in education, I'm sorry about that. Senator Apodaca, for what purpose do you rise? Mr. President, announcement please.  You have the floor. Thank you Mr. President I would like to remind all members to take your medicine before you come every night. Secondly, tomorrow we'll go in about 2 o'clock, Wednesday morning, we're going to come in, about 9:30. I think it's the plan, and at 1 o'clock we will be honoring, memorializing Senator Harris Blake with a resolution. So that's kind of our plan for the next couple of days, so again take your medicine and stay hydrated. Thank you. Senator [xx] for what purpose do you rise senator? For personal privilege. You have the floor senator. Frequently when I sit back and I hear Senator Tillman, and I hear the remarks he makes and it gives me a real thought and reflection for why we might want to be able to carry guns in this chamber. Any further business come from the senate, if not the jury recognize senator Berger for motion. But no bullets. Mr. President, I move the senate to now adjourn subject to a standard stipulation set forth and senate rules 24.1, the ratification of bills the appointments of conferees received of house messages to reconvene on Tuesday, July 28, 2015 at 2 P. M. The motion ascend now adjourns subject to stipulation stated by senator Berger will reconvene on July 28th at 2 P. M. second by senator Davis, all in favor say aye, opposed no, the ayes have it. Senator stands adjourned.