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Senate | September 16, 2015 | Chamber | Senate Session

Full MP3 Audio File

Senate will come to order. Sergeant-at-arms will close the door as members take their seats. Members and guests in the gallery please silence all your electronic devices Leading the senate in prayers is Rev. Peter Miller, Senate Chair up and all members and guests in the gallery will you please stand. Let's pray together. Lord and father in heaven thank you for mercy in the morning and mercy after lunch and mercy in the evening, you alone are our rock and our redeemer, you are our strong hold. And in you alone is our soul at rest. For we depend so much on you, we depend on you for everything. But today we ask for your wisdom and your mercy and we know that you are the fortress where we can stand firm, and it's in Jesus name we pray Amen. Senator Berger is recognized for a motion Thank you Mr. President, the journal of Tuesday, September 15th 2015 has been examined and found to be correct. I move will dispense with the reading of the journal and then it stands approved as written,   Without objection, the journal for September 15th stands approved as written Senators supports the motion of Senator Berger and Senator Tucker of the Wake and Union Counties the Chair is happy to send courtesies of the gallery to [xx] finishes her 10 year as Executive Director of the SAYSo, Strong Able Youth Speaking Out organisation, but will continue continue her work as a tireless advocate for North Carolina's foster children. The Senate Page program has greatly benefited from her kind efforts to serve as liaison between so and the program Miss Ingram[sp?] will you please stand to be recognized, thanks for joining us in the senate, and thanks for your work with the senate. Sir. Ratification of of bills, clerk will read.   [xx] report the following bill duly ratified for presentation to the governor. House bill 334 an act to establish  office of charter  schools of located at the State's board of education to modify the charter school advisory board and to enhance the charter school application process. Report of standing committees. Senator Apodaca, for what purpose do you rise? sent forth committee on rolls report. Senate consent forward the report, we have a page delivered up front. Clerk will read Senator Apodaca for the rules [xx] the Senate committee submissive the passage, House bill 112 Stanly county border of election methods favorable. House Bill 540 Billy Graham National Statutory Hall favorable. House bill 709 NCND tuition assistance benefit amendment favorable. House Bill 712 Committee Substitute number one, private project use needle disposal favorable. House Bill 875, Committee Substitute number one, restrict municipal eminent remain favorable. Senate bill 215, abolish [xx] county calendar, also favorable House Bill 112, 540, 709 712, 875 calendar senator bill 215 calendar. And that will take us right into our calendar for the day.  Mr. President. Senator Wade for what purpose do you rise? Mr. President I submitted the conference report yesterday for House Bill 44. I move to withdraw the conference report at this time. Thank you Senator, without objection [xx] ordered House bill

44 will be removed from the calendar. Going into public bills conference reports House Bill 97. The clerk will read. House Bill 97, 2015 appropriations act. Senator Brown is recognized. Thank you Mr. President. I think we had a pretty lively debate yesterday, I don't know, I need to rehearse much of it but I'll try to answer any questions if they are. Again I think it's a good bill, it does a lot for education. Your status reform back to our citizens, after all North Carolina does a lot for the justice system that need a lot of help. I think overall a good budget and I would ask you your support. [xx] discussion or debate? Senator McCaskill what purpose you arise? Speak on the conference report. Senator McCaskill you have the floor. Well we're here again looking at this conference report. There's one point which I mentioned yesterday that gave me concern and I went back today and last night I must have gotten a two dozen calls. It is about one of this provisions that wasn't in the house budget, wasn't in the senate budget, wasn't in the governors budget, but it shows up in the conference report, and it was dealing with this light rail transit system that's between [xx] and Capitol Hill. And it's fitting within the budget to the extent to which is hard to find, because you've got to the  special provisions, you've got to go to page 386 and here you find four lines. And the way those four lines are specifically designed is to stop that project which has been on the drawing boards for two decades from moving forward. Now, last year Public Transportation came to us with a new system for evaluating of spending priorities when it comes to projects. It's supposed to be based upon merit, based upon analytical reasoning, based upon data that was driving it all. Well this project went through that rigorous evaluation, and when it came out of that review process it was determined that receiving a $140 million in state support. But what we do but have somebody in this process behind closed doors, go out there and start a provision that would basically ignore that process, and put politics right dead in center and into the middle of it by stopping a project from going forward. A light rail project between Durham and Chapel Hill that's been conceived of quite some time now, and where federal money is eminent in terms of additional money for planning related to the project. It's that kind of process that I have trouble with? It's that type of lack of access to information that I find deeply troubling? We need to be open, we need to be transparent and more importantly we need to be fair. And when I see a provision buried budget that has that type of impact on a project that impacts my district and my community, without me even knowing about it or having opportunity to be heard, that's the problem. Spoken to those in the Senate side in transportation they didn't put it there, I hear it came from the house, I speak to the house people dealing with transportation, nobody directly related to transportation following the budget acknowledges placing it there. We shouldn't have this sort of croton diaguilar process, going into our spending decisions particularly when we have adopted policies, and so we're going to take that type of politics out of it. We put it front, dead and center, it's the wrong this to do. That's one of the reason I can not support this budget. Do we have any further discussion or debate? hearing none, the question for the Senate is the passage of the Conference Report for House Bill 97, all in favor will vote I, opposed will vote no. Five seconds will be allowed for the voting, the clerk will record the vote 37 having voted in the affirmative and 13 in the negative, the Conference Report for House Bill 97 passes its third reading, it will be adopted and

the house will be notified. Moving on to House bill 792 the clerk will read. House bill 792 privacy protection from revenge postings. Senator Jackson is recognized. Thank you Mr President. Members I would ask you to concur, but there is three changes I would like to bring the attention to one they are very minor changes, first change was to amend the definition of [xx] to ensure that both genders are accounted for in this language, the second change recognizes the elements of the offence and always wanted them to clarify that the disclosure must happen without the affirmative consent of the [xx] person, and then the third and final change was to clarify the statute of limitations to be seven years after the most recent closure but one year after the initial discovery of the posting and the only changes was just dates to rectify what we are this time of year. I would ask that you concur and appreciate your support thank you. Senator Jackson has concurred do we have any discussion or debate? Hearing none question before the senate is the motion to concur on the conference report for the house bill 792 all in favor vote aye, opposed vote no. Five seconds to be allowed for the voting the clerk will record the vote. Newton aye, 50 having voted in he affirmative and zero in the negative the conference report house bill 792 is adopted and the house will be notified. And that wraps up our calendar for the day. Senators upon the motion of Senator Bill [xx] county the chair is happy to extend courtesy of the gallery to our friends from the Pango[sp?] Medical Center, Mayor Adam O'Neal, commissioner Hood[sp?] Richardson and Doctor Charles Bouyet[sp?] If you are with us please stand and be recognized thanks for joining us today. Do we have any notices or announcements? Any notices or announcements? Any business to come before the senate? Mr president Senator Pate for what purpose do you rise? I have an announcement to make. Senator Pate you have the floor. Thank you Mr. President. Senator Berger has appointed the following senators to serve as conferees on house bill 373, short title 2016 presidential primary. Chair Senator Rucho, Senator Apodaca and Senator Brock. Senator Brown for what purpose do you rise? An announcement. You have the floor senator. Republicans Will Caucus meet me after session. Any other notices or announcements? Is there any further business coming from the Senate? If not the chair will recognize Senator Berger for a motion. Thank you Mr. President. I move that the senate do now adjourn subject to the standard stipulations set forth in Senate rule 24.1, ratification of bills, appointment of conferees, receipt of conference reports, receipt of committee reports, receipt of House messages. To reconvene on Thursday, September 17, 2015 at 9.00 a. M. Motion of Senate do now adjourn subject to the stipulation stated by Senator Berger to reconvene Thursday September 17th, at 9 a. M, seconded by Senator Randleman. All in favor say aye, aye opposed no the ayes have it. Senate stands adjourned.