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Senate | August 3, 2015 | Chamber | Senate Session, Part Two

Full MP3 Audio File

Almighty God we bow together before you here in this Senate Chamber, and thank you for the privilege to call on you as our creator, savior, Heavenly Father and friend. We thank you that you are the personal, powerful and purposeful God of the universe who is there, not silent and still at work in the lives of men, women and children around this group. We thank you for this great nation and for those who have gone before us to secure and protect our freedom and now for those who seek to continue that important stewardship. We pray for our local, States and national leaders, for President Obama the US Congress, Governor MccRory, Lieutenant Governor Forrest, and the North Carolina Legislators and even our local mayor, Lord we lift up Miss McFarlane to you. We pray for the men and women of our armed services as they stand to defend us and our values, and we thank you for the service of our leaders and their teams. Give all of leaders wisdom in making decisions for the good of our communities this our states, our nation, and our world. We need to guidance as we deal with the critical issues that are before us some of which we've not seen before in our lifetime. May our leaders be conscious of the responsibility entrusted to them and the accountability before you and their constituents, so guide them tonight I pray. In the name of Christ Jesus the savior Amen. Amen. Senator Berger is recognized for a motion. Thank you, Mr. President. The journal of Thursday, July 30th, 2015 has been examined and it's found to be correct, I move that we dispense with the reading of the journal and that it stand approved as written. Without objection the Journal for July 30th stands approved as written. Senators we have leaves of absence granted today for Senators Blue, Bingham, Cook, Foushee, Smith-Ingram, Tillman, Tucker and Robinson. And we do have a nurse of the day Dr Linda [xx] from Elm City North Carolina is here, if you'll please stand to be recognized, thanks for serving the Senate today. We're going to be [xx] to our calendar for today starting with public bills, second reading, House Bill 308 clerk will read. House Bill 308, clarify [xx] health issue LTC ombudsman. Senator Randle[sp?] is recognized to explain the bill. Thank you Mr. President. House Bill 308 would amend laws pertaining to medical sport and health entrants coverage related to child support to align state law with federal guidelines, and it will also modify the Long-Term Care Ombudsman Program to conform with federal requirements. The Long-Term Care Ombudsman Program was designed to address the concerns of in long-term care facilities and their families. The US Department of Health and Human Services issued a final rule to implement provisions of the Older Americans Act, so North Carolina must update its statutes, regulations, policies, procedures and practices in order to operate the Ombudsman Program and Mr. President, I think that Senator Pate has an amendment, and it is approved by the bill sponsor in the House. Thank you, Senator. Senator Pate you can send forward your amendment, and the Clerk will read. Senator Pate moves to amend the bill. Senator Pate is recognized to explain the amendment. Thank you Mr. President, and I'd like to thank the bill's sponsor. The language in this amendment is purely technical. It complies with the department and with the agencies on aging, and it's a satisfactory to both agencies, both bodies and I would appreciate your consideration on the amendment. Opening discussion for the debate on the amendment. Hearing none, request for the Senate adoption amendment one all in favor vote aye, oppose vote no five seconds fill out for the voting. Clerk record the vote Rabon, Lowe McKissick. 39 having voted in the affirmative and 0 in the negative, amendment one is adopted, the bill as amended is back before has any further discussion debate? Hearing none, principal senate passage in senate committee substitute house bill 308 on its second reading. All in favor vote aye, oppose vote no. Five seconds will last for the voting. Clerk record the vote. Berger, Aye Woodard aye, Rabin low[sp] Mckissick, 39 having voted the affirmative and zero and the negative senate committee substitute the house bill 308 passes the second reading without objection

you read third time,  no [xx] any decision or debate, hearing none for the Senate as a passage of the Senate Committee Substitute to House Bill 308 on its third reading, all in favor will say aye? Opposed no? The ayes have it. Senate committee substitute House Bill 308 as amended passes it's third reading. The amendment will be engrossed, will be sent to the House for concurrence in the Senate Committee Substitute. House Bill 371, the clerk will read. House Bill 371, Terror Claims/Damages/Liability for support. Senator Newton is recognized to explain the bill. Thank you Mr. President, thank you colleagues. This is a great bill, it's come to us from the House. It is designed to create further disincentive and deterrence to terrorism in the country, allows the civil calls of action against those who aid and abet terrorist actions. Usually the terrorist is dead, or not able to be sued but those that help them sometimes have assets, and we'd like to allow them to do it. I know of no opposition to the bill, at one time Senator McKissick was going to offer an amendment I don't know if he intends to do that and I haven't heard from him so anyway I have answer any questions, I commend it to you. Do we have any decision or debate on the bill? senator Soucek, for what purpose do you rise?  Mr President to send fourth an amendment. Senator Soucek you can send fourth your amendment. It should be up in the dashboard Senator Soucek moves to amend the bill. Senator Soucek is recognized to explain the amendment. Thank you Mr President, this amendment does two things was the senate, first it responds to something that's very important and urgent as we know the recent tragedy of National Guard situation Tennessee currently most people are unaware but we look at smaller installations or recruiting centres and armouries, all soldiers are actually prohibited from carrying live weapons, they are an actual target without the ability to defend themselves, what this bill will allow us to do is to allow the commending general, the acting general of North Carolina soldiers that currently have a concealed carry permit to be able to carry that during their official duties. I like this one because sends a message that our armories are no longer weapons free zones and that we can defend ourselves, but also has a lot of accountability. Has the accountability of soldiers, many if not most of which have actual combat experience and the discipline of the military have been certified as concealed carry holders and have command approval. So you've the command structure saying these are the people we want carrying weapons to defend our soldiers who are defending us. Second policy amendment is allows the Rules Review Commission to hire outside counsel when defending itself against lawsuits filed by other agencies of North Carolina government. I'd be happy to answer any questions and ask for your support. Do we've discussions or debate on the amendment? Senator Stein for what purpose do you rise? To see if the amendment's sponsor will yield for a question. Senator Stein do you yield? I do. Is this, the part of the amendment sounds perfectly appropriate response one which I support, the second part is this the same provision that I believe it was Senator Lee had introduced a few weeks whenever that was yes, this is exactly the same thing if you follow questions Senator do you yield for a follow up? I do What's the status of that bill on provision that's on that bill? I believe that's sitting on the Governor's desk and this is another avenue because this an important thing for highly technical areas to have outside counsel we have [xx] experts when dealing with this and we just have two avenues to have the exact same really important issue resolved. Point  of order for the Chair  Senator Kent  if I ever wanted to divide questions is there any way to do that, what's the best way to do that procedurally? One second Senator, you'll just need to put it in writing send it forward in writing on amendment form with exactly the language that you want to use to divide that question Questions for the amendment's sponsor Senator do you yield for a question? I do, Do you mind displacing this while I can do that? Sure, I guess the Rules chairman if he'd like to displace the bill we can do that. Senator Apodaca has the floor.  It's the last bill on the calender. Senator Stein, how much time do you need to provide your response.  Mr. President. Senator Apodaca Why don't we object to third reading on this for multiple reasons Senator Stein you have the floor speak to the amendment. Thank you, I would be voting for this amendment because of

the important part dealing with the national guards but this is a real problem to the tax payers if you'll excuse me will have to withdraw the amendment and run it again tomorrow. Senator Soucek withdraws his amendment and we want to vote on second and object to third, Okay very good. So do we have any further discussion or debate. Mr. President. Senator Pate what purpose do you arise? Just ask the bill's sponsor one quick question. Senator Soucek, oh no, I'm sorry Senator Newton. I'm sorry well either one   The amendment is not before right so the bill sponsor. Senator Newton do yield for a question? I think so. I'm just looking for a point of clarification we are looking to remove and make this a non gun free zone which will actually make everyone safer is that correct? The amendment that Senator Soucek is offering as I understand that we do exactly that, to allow there to be armed guards with permission to command who are trained and have concealed carry permits, so it will eliminate the problem [xx] gun free zones. Senator, let's keep this to the bill now, that amendment has been withdrawn so let's not have discussion on that right now we'll do that when it comes back up again. Do we have any further discussion or debate on the bill? Hearing none the question for the Senate is the passage of the Committee Substitute House Bill 371 on its second reading all in favor of aye, opposed will vote no, five seconds to be allowed for the voting Clerk will record the vote. Bryant, Ford, [xx] Ford. Bryant, Senator Bryant aye, McKissick, Lowe, Rabon 39 having voted in the affirmative and 0 in the negative, Committee substitute the House Bill 371 passes it's second reading. Objection. Senator Apodaca objects the third reading, it'll remain on the calendar Mr. President motion if I may. Senator Apodaca you've the floor for the motion Thank you Mr. President, members House Bill 792 privacy protection for revenge postings next on our calendar move that they be removed from the base calendar and placed on Wednesday's calendar. Without objection so ordered, so Senators that does wrap up our calendar for the evening, at this time we'd like to introduce our pages for the week so pages if you'll make your way around here to the front of the dais and when they get in front here, the clerk will read. Pages [xx] in the chamber this week: Payton Blainey, Ridgeville. Bello Bowen, Goldsborough. Hassan Bett, Riley. Kindo  Christian, Greenville, Parker Castleberry, Riley. Destiny Davis, Riley, Harris Green Riley, Andrew Hartsfield, Wilson, [xx] Holly Springs, Emma Purdy Flinton, Zach [xx] Charlotte, Harry Rhodes Railey, Katie Simpson, Far City, Rachiel Siewert she wears this, she is not with us presently. Messengers from the Senate the quo-call read, House Bill 199 The pages we thank you for sacrificing sometime out of your summer to here on the senate, we hope you have a good week, thanks so much do you h ave any notices or announcements? Any notices or announcements? Any further business come the forward before the senate Now the chair recognizes Senator Burger for a motion. Mr President I move that senate to not adjourn subject to the standard stipulated set fourth in senate rule 24.1, ratification of bills, the appointment of conferees receive of house messages, reconvene on Tuesday August 4th 2015 at 2 pm. The motion is the senate do now adjourn subject to the stipulation by senator Burger, to reconvene Tuesday August at 2 P. M seconded by senator Apodaca, all in favor say aye. Aye. Oppose say no, the ayes have it and the senate stands adjourned.