A searchable audio archive from the 2013-2016 legislative sessions of the North Carolina General Assembly.

searching for


Reliance on Information Posted The information presented on or through the website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. Please see our Terms of Use for more information.

Senate | September 17, 2015 | Chamber | Senate Session

Full MP3 Audio File

Senate will come to order. Sergeant-at-Arms close the doors and members to go to their seats. Members guest in the gallery, we ask that you please silence all electronic devices. Leading the Senate in prayers Reverend Peter Milner Senate chaplain, all guests and members in the gallery please stand. Let's play. Lord we thank you, for bringing us here today and gathering us under your wing, you and not only with us, you are presiding over all we do. And you are the fountain flowing with wisdom, you statute through good they are true, they're just guide and bless this servant as they seek your face, protect their families deep in the bones of unity, across the state, across the parties, bless the people of this state to which they represent and Lord to your grace, to sing about your grace knowing that your laws flow not from our fancies but from your goodness. It's in Jesus name we pray, Amen. Senator Burger is recognized for a motion. Thank you Mr. President, the journal of Wednesday, September 16th 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 September 16th stands approved as written. Senators we have leaves of absence granted today for Senators Curtis and Ford. We also have a nurse of the day with us today Angie Bertsch of Calabash is here with us. Nurse Bertsch if you'll please stand to be recognized, thanks for serving the Senate today. Ratification of the bills, clerk will read. Enrolled bills, enrolling clerk reports the following bills duly ratified for presentation to the Governor. Senate Bill 400 an act to give the access to civic [xx] that work with students such as the boys scout and girls scouts. House Bill 792 an act to protect public from revenge posting online by making it a criminal offence to disclose certain images and if there is a reasonable expected privacy and to make indecent exposure that occur on public premises criminal offense. senators that takes us into out calendar for today we do have a handful of local bills on the calendar that we like to block vote unless anybody would like to pull any of those bills out, senator Apodaca for what purpose do you rise? Mr. President before we get crank up bills I would like to make a motion if I might. You have the floor sir. Mr president members hopefully we are winding this day over the next couple of weeks, so I think I'm at this point any bill we pass out of here automatically be sent to the house by special messenger Objection so order. Senator Blue for what purpose do you rise? If you are back on the calendar Mr. President We are back on the calendar To pull House Bill 112 and 188 112 and 188 will be pulled out anybody else have any other bill they want to pull out of the block vote Senator Brian Senator Stan your purpose arise? To see also we can also pull out HB875 please HB 875 any others? Senator Apodaca your purpose arise? Motion Mr. President. Senator Apodaca you have the floor. We need to remove house bill 527 and place it on next two of these calendars please Objections to order. well that just leaves us with two to block vote, so not going to save us a lot of time but little bit. So we move right into Senator Blue Duke your microphone is so loud do you have any. Thank you. Senate bill 215, House Bill 503 clerk will read.   Senator bill 215 about Brekerly[sp?] county calendar, senate bill 503 Wake county commission motivate casual changes.  If you have any discussion or debate hearing none question for the senate is the passage of Senate Bill 315, House Bill 503 on second reading all in favor will say aye.

Aye, all. Oppose no, the ayes have it senate bill 215, house bill 503 passes the second reading without objection be read the third time. North Carolina General Assembly enacts. Any discussion of the debate? Hearing none the question for the senate is the passage of senate bill 215 house bill 503 on its third reading all in favour say aye, Aye. Opposed no the ayes have it senate bill 215 house bill 503 pass their third reading senate bill 215 will be sent to the house, house bill 503 will be sent to the house for concurrence on the senate committee substitute. Moving on to house bill 112, clerk  will read House Bill 112 family county voter verification election method. Further discussion and debate? Hearing none the question for the senate is the passage of the house bill 112 on its second reading all in favor say aye Aye, Aye! Opposed no, no, the ayes have it house bill 112 passes its second its reading the objection be read the third time. North Carolina general assembly next Having any discussion debate? Hearing none the question for the senate is the passage of the house bill 112 on its third reading all in favor say aye, Aye! Opposed no the ayes have it House Bill 112 passes its third reading it will be enrolled, House Bill 188 clerk will read.   House Bill 188 trustee appointment [xx]. Senator Hayes is recognized. I sent forth an amendment. Senator Hise you can send forth your amendment, do we have an appeal already? Clerk will read Senator Hise moves to amend the bill. Senator Hise is recognized to explain the amendment.   I think Mr. Chairman, members of committee when the dates were voted in this bill to reflect them time's moving forward and also changed the appointments schedule, this amendment is specifically designed to put the appointment schedule back where it was, within a four and three appointment going on each year, I was some confusion if we switched it to three or four appointments going on each year so they should clarify that.   Do we have any discussion or debate on the amendment? Hearing none the question before the senate is the adoption amendment one all in favor vote aye, opposed vote no. Five seconds will be allowed for the voting and the clerk will record the vote. Alexander, 43 having voted in the affirmative and the four in the negative the amendment one is adopted the bill as amended is back before the body is there any further discussion or debate? Mr. President Senator [xx] For what what purpose do you rise? To change my vote to aye.   Changes her vote to aye and the final count was clerk aye as well. 45 to 2 bill as amended is back before the body, do we have any discussion or debate? Hearing none question before the senate is the passage of the senate committee substitute house bill 188 as amended on it's second reading, all in favor will say aye, Aye sorry Senators we have to vote electronic here for the amendment. Question before the senate is passage of committee substitute house bill 188 as amended on it's second reading, all in favor vote aye, oppose vote no, five seconds be allowed for the voting, clerk will record the vote. Mcginnis Alexander, Senator Mcginnis aye, Alexander, 42 having voted in the affirmative 15 in the negative senate committee substitute House Bill 188 as amended 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 senate committee substitute house bill 188 has amended as third reading in favor will say aye, those of no, the ayes have it Senate committee substitute House Bill 188 as amended, passes it's third reading, the amendment will be grossed to be sent to the house for the occurrence in the senate committee substitute House Bill 875, clerk will read.  House Bill 875 [xx] domain,  Senator Soucek is recognized Thank you Mr. President and the rest of the senate here this bill is a local

bill it does a simple thing, before land is condemned is giving the county commission need the ability to inject themselves into the situation so that people you can actually vote for are part of the process in your land being condemned. here's the situation the town of Boon said they have 26 options on how to increase their water intake, the option they chose was to go 12 miles outside the sea limit all the way down the new river to within feet of the Ash county border and then put a water intake there meaning they're going to condemn the property 12 miles along that path on the way back to the town of Boon and what this simply does is says the county commission needs to authorize the ability for them to condemn property it's critical that someone's property not be condemned by a group of people that they can't vote for that lived 12 miles from them, this is not new to the general assembly we have a history of using local act to tailor condemnation solutions. In addition to that the resolutions of both county commissions bypass the resolutions Ashmatocky county support of this resolution the local delegation is unanimously in support of this and I urge your support. Thank you   Do we have any discussion or debate? Hearing none requesting for the senate as he passes committee substitute to house bill 875 on a its second reading all in favor will say ayes, Aye, oppose no the ayes have it.committee substitute house bill 875 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 passage of the committee substitute house bill 875 on third reading on favor will say aye, Aye, oppose no, the ayes have it committee substitute house bill 875 as is at third reading and it will be enrolled moving on to public bills second reading, house bill 20 clerk will read. House bill 20, we will elect this to help carry act.  Senator Smith is recognized. Thank you Mr. President, Ladies and gentlemen of the Senate I'm going to speak on the first part of that bill by Reagan's rule Diabetes education part, these came about the pass of a tragic situation Robinson county where a 14 month of child died because they were not, they were missed diagnosed when they were actually diabetic, it turns out the symptoms of diabetes can mimic the flue or a virus, and for a period of several months this child was being treated for flu or virus symptoms and it turned out instead the whole problem was that the child was diabetic. By the time that was discovered it was too late and the child died. This is a companion bill I had it in the Senate and Representative Ingram in the House, and we had originally thought we can have maybe a test and maybe the finger prick test at birth or something to find out whether a child might have a high sugar level. Turns out medical personnel informed us that because of the birthing process is so dramatic that it might lead to a number of false positives so anyway the result is we have just now made this to encourage medical personnel on well child visits to explain the symptoms of diabetes to parents so that they'll be aware of it  so if something happens to their child they'll know to to think of that as well, it's also a reminder to the medical personnel to remember that also. So it's not, there is not real punishment for it or whatever it is just to encourage the medical personnel to go over this with the parents so that hopefully this kind of tragedy they'll prevented it in the future, and I believe Senator Tillman is to speak on the second part of the bill. Senator Tillman is recognized. Thank you Mr president, members of the Senate. Second part of this bill requires that the pharmacy benefit managers to assess the process every seven days, that's current law. We have found that there not being a penalty there that was being abused, and a lot of times there are huge price breaks, price fluctuations in medicine. There's cases of medicine going from $62 a bottle of 10 pills, there's $600 per bottle of the same 10 pills. There is huge amount with hundreds of thousands of prescriptions that if I do not

adjust then there's a lot of money on the table and it can go either direction but many times it goes in favor of the PBMs. I'm just putting in here a penalty from $100 to $1000 to per prescription, per drug for a violation. That's the only way that I think we can get the attention of multi-billion dollars companies making hundreds of million of dollars on price changes if not adjusted within that timely period. They have seven days and if they don't know there is a penalty involved. That's basically what it does. Senator Kovac is recognized Thank you Mr. President, I'm going to explain section three of the bill, this section means gentle statute 131E, which has to do with hospital authorities, and the process involved to sell lease or the hospitals, it's called the RFP or the request for proposal and this amendment does not change the initial process public notice still has to be given, the waiting period has to take place, public meetings for considerations, due diligence, all of that remains in place. what this amendment does, it just says, once this process has been initiated and followed and negotiations have taken place if no deal is consummated, if that hospital authority does not reach an agreement with that buyer or leasie they can move on to the next interested party without going though that entire process again. My rural hospital in Yesen county currently, is in the process of doing this. It has been closed down for a few months and they are negotiating with the buyer and at the end of that due diligence process, if the buyer does not agree, if they don't reach an agreement in their negotiations they have to start that process all over again. Some of our legal staff here, their opinion is that we already in general statute currently could do that but it's not very clear, so this section of the bill just clarifies that language that says, once you've gone through that entire process have followed all of the rules during the RSP process procedure, you don't have to start over again with the next person in line to negotiate a deal and I believe Mr. President, that senator Crook is going to explain the final pushing of the bill. Senator Crook is recognized. Thank you Sir. Members, yesterday we had a thorough discussion of how to help rural hospitals compete in the modern healthcare landscape. After the debate, I'm talking with my colleagues I've had drafted an amendment that will squarely eliminate to[xx in obstacle standing in the way of [xx] hospital, I believe Senator Hays has that amendment.  Senator Hays is recognized send forth an amendment?  Senator you can send forth an amendment, clerk will read.  Senator Hays moves to amend the bill Senator Hates is recognized to explain the amendment Mr. President Senator Raoul you can send fourth [xx] Senator Hayes you can speak to the amendment. Thank you Mr. President, Members of the Senate. This amendment clarifies what we're doing with the facility that our center cook is dealing with that we are only doing the exemption from the CON requirements, this does not delve into the leisinger[sp?] side or others that was being asked. Request  this Bill simply says as they have requested that they just need the exemption on the CON process in order to reopen the hospital that currently it does by defining something called a legacy medical center seal, sorry medical care facility also deals with the issues of several hospitals have raised about what would have been inability to close and immediately reopen a facility will be in order to be outside of [xx] in. So this hopefully just tightens this language up and give specifically what was needed for this house Do we have any discussion or debate on the amendment? If I may ask Senator [xx] would yield. Senator [xx] do you yield for a question? Senator Hays, if we didn't have all theses SEO in non sense would we be facing this problem right now? This would not be an issue you and we will solve many other issues that are in our health care if we would remove the buttons and regulations and certificate made on health care facility [xx] thank you senator Cook, for what purpose do you rise? For further comment. You want to speak to the amendment? Speak to the amendment I will just point out to the folks who love and don't hate when we're happy with this amendment,

and I urge your support. Any further discussion motion or debate on the amendment. Senator Alexander has an excuse to absence senator. Any further discussion or debate on the amendment? Hearing non, question for the senate is the adoption of amendment one on favor of vote aye, oppose vote No. Five seconds will be allowed for the voting, clerk will record the vote. Bugger aye. Vendan aye. 46 having voted in the affirmative and 0 in the negative. Amendment 1 is adopted. The bill has amended and is back for the body, any further discussion or debate? Senator Appadaca, for what purpose do you rise? To speak on the bill. You have the floor senator Apodaca. Thank you Mr. President. Members, final part of this bill deals with something called copper, which is in West or North Carolina. The only place in the state if it strips mission hospitals from being able to compete in any counties on it's boundary of Buncombe County it was placed in 199 before were when nation matched with St. Joseph Hospital as a way to protect medical care and ''keep prices down'', well over 25 years has kind of exceeded and accomplished what it was supposed to do. so we think it's time now to remove the copper, an in-depth study was done in 2012 by the general assembly and the data that came back was actually didn't support in one way or the other, so from a competitive stand point we think it's time to remove this and that's why of this does, thank you. Any further discussion on debate, hearing none  Mr. President Senator Tom, for what purpose do you rise? To speak on the bill. Senator Tucker you have the floor. Yes, just I got to speak briefly, from the perspective of we couldn't have further just proposed activities going on on this bill, and I get we're putting things together, but things that senator Heist and Senator [xx] absolutely an imperatively critical that we addressed, CON will get into the debate at some point, it definitely needs to go away and I'm going to speak to the first part of that senator Smith has introduced and Senator Smith we talked about this in committee, I just need to be on the record, your heart is absolutely in the right place to do, but I'm going to tell you anyone who votes for this bill is voting for a step towards socialized medicine. It is that significant. When we get into doctors offices and start dictating what they need to cover in discussions and treatments we are now having the state dictate clinical treatments protocols, it is absolutely inappropriate. It is way beyond Obama care, and the affordable care acting, what they're acting to do. I talked to doctors literally almost every week, we are driving out our clinicians who no longer want to practice because of all the check list and things and regulation, and mandates that are coming from governmental bodies the state and the federal government this is simply wrong. For that reason and only that component, even though I get that this is only informational it is that, nudge, that towing up to that line that we're going to cross over to socialize medicine. For that reason alone, I cannot support this bill even with all the other good things in it. Senator gentleman for what purpose do you rise? Mr. President, that scare tactic by Senator Tuck, and that's all it is, this is entirely optional, this section is, and it simply provides some education that's much needed when you've got these serious illnesses, what in the world is wrong with that? You ask me and yet Senator Tuck want to vote against this bill, and he thinks it's socializing medicine. Folks, it's optional, and it's informational, a few socialization into that you better that I. Having a further discussion or debate? Hearing non the question for the senate is the passage of Senate Committee Substitute House bill, 20 has amendment on the second reading, for favor of vote aye, oppose of vote No. Five seconds will be allowed for the voting, clerk will record the vote Berger aye, Waddell Senator Waddell aye, 43 having voted in the affirmative and 3 in the negative senate committee substitute house bill 20 as amended passes it's 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 senate committee substitute house bill 20 North Carolina as amended on it's third reading all in favor will say aye.

Aye, all.   Opposed no. The ayes have it, senate committee substitute to house bill 20 as amended passes it the third reading the amendment will be engrossed will be sent to the house for the concurrence with the senate committee substitute number two. House bill 173 the clerk will read. House bill 173 amnest[sp?] criminal law bill. Senator Daniel is recognized to speak to the bill. concerns about a couple of sessions in the bill, so it was reworked a little bit by the rules committee yesterday. Essentially a couple sections were removed that members had concerns about. One dealing with sexual battery, one dealing with certificate of relief[sp?] which is something I can to an expansion and I think the feeling was that those were issues that maybe weren't something that should be in a criminal procedure bill. And that would be better left to deliberations about those issues at a later date. So those were removed, and there was also a section that was inserted which is section 13 in the bill dealing with bail bondsman, and I think that was thoroughly discussed yesterday, if anybody has any questions I'd be glad to try to answer. Do we have any discussion or debate? Senator Apodaca for what purpose do you rise? To send forth a rule 29. You can send that forward have a page bring that please. Any further discussion or debate. Hearing none qeustion before the senate is the passege of the senate committee substitute the house bill 173 on its second reading favour will vote Aye, oppose will vote No. Five seconds to be allowed for the voting, the clerk will record the vote. Tillman, Aye. Aye 46 having voted in the affirmative and zero in the negative Senate Committee Substitute House Bill 173 passes its second reading without objection be read a third time. North Carolina General Assembly Enacts. Any further discussion or debate? Hearing the question before the Senate is passage of Senate Committee Substitute House Bill 173 on its third reading all in favor say aye, Aye, vote No the Ayes have it Senate Committee Substitute House Bill 173 passes its third reading, and it will be sent to the house for concurrence in the Senate Committee Substitute. House Bill 361 the clerk will read. House Bill 361 principle formation of  insurance laws. Senator Apodaca is recognized. Thank you Mr. Speaker. This was the House Bill that was companion bill to the Senate bill that we've already passed out of here a couple of months ago. It is a highly technical bill it was brought to us by DOR an agency bill dealing with various issues principle base reserving potion is needed for North Carolina that keep it in ARC accreditation so that was one of the main reasons the DOR requested this, and it also make various other technical changes throughout the bill recommended to you. I can answer any technical questions, feel free to ask. Do we have any discussion or debate? Hearing none the question for the senate is the passage of senate committee substitute House Bill 361 on its second reading all in favor vote aye, oppose vote no five second be allowed for the voting clerk record the vote. Lowe aye. 47 having voted in the affirmative and 0 in the negative the Senate Committee Substitute to House Bill 361 passes its second reading without objection to be read a third time. North Carolina General Assembly enacts. Senator Apodaca for what purpose do you rise? Mr. President, speak again on third reading please. You have the floor. There is one thing I'd like to make Senator aware of, one of the fixes placed in this deals with the Affordable Health Care Act, and it's definition of what a small employer is. Right now in North Carolina a small group is between 1 and 50. The Affordable Health Care Act can take that from 51 to 100 above. There is legislation in Congress to allow states to retain their own definition of what a small employer is. So this language would attach us to the federal language when and if it passes that we can keep a small group at between 1 and 50 instead of going up to the higher level. So this is another reason to support this bill, it helps small business.  Any discussion or debate? Hearing none the question before

the Senate is the passage of the Senate Committee Substitute to House Bill 361 on it's third reading, all in favor will say aye? Oppose no? The ayes have it. Senate Committee Substitute to House Bill 361 passes its third reading, it will be sent to the House for concurrence in the Senate Committee Substitute. House Bill 42, clerk will read. House Bill 42, Employee Misclassification Reform. Senator Newton is recognized to explain the bill. Thank you Mr president, thank you colleagues. This bill is basically after the changes made in the Rules Committee tomorrow almost identically the bill that we passed earlier this session 50 to nothing. it deals with the intentional mis-classification of employees, and employers in order to avoid employee taxes, workers comp and things of that sort. Be happy to answer any questions again this is with very minor technical changes. This is the a most identically the same bill which you all voted for 50 to nothing earlier this session. I urge you to support this, thank you. Senator Stein, for what purpose for what purpose do you rise? To see if the bill sponsor, or it's actually Senator Brown, I'm not sure who will be the right person to address the question to and Senator Newton, we'll start with you. Will you yield for a question? I yield. Thank you it has to do with what we talked about yesterday in the committee, on the bill as a whole, I applaud all the efforts coming this forward. I think this is an important problem. It hurts workers and it hurts business competitors that do things the right way. So I think we need to take a step the house had included money to give to the Department of Revenue, so they actually had people to enforce the law. I want to make sure we're going to putting a law on the book isn't enforced still reading the budget. Do we know if it was in the budget those extra staffers? I will defer this senator Brown about whether it's in the budget or not. Don't think it is, and we did not feel like it was necessary, we felt like it was out of resources there to handle the job, at least what my perspective was. Senator Brown do you yield to that question? My answer will be the exact same I think we were told that they could handle it with existing staff. Briefly comment on the bill. You have the floor Senator Stein. I think that this is an important step for the state to take and moving forward in dealing with this problem on employment classification. Calling people independent contractors when they are in fact employees. Like I said it hurts the workers who missed classifieds do not get health insurance and it hurts business competitors that are paying the workers premiums who can't compete. In order for it to have effect we've got to have some teeth into it, it has to have enforcement so I hope that we keep a tight eye on the department of revenue make sure that they are actually enforcing this law the way we all want it to. Thank you. Do we have any further discussion or debate? Senator Mckissick for what purpose do you rise? Speak on the bill. Senator Mckissick you have the floor Senator. I do believe this is a good bill we need to put it into operation immediately, but there are provisions here which I I think we ought to reconsider and provision I'm thinking of specifically and I'm setting up an amendment to address it, is the rebut-able presumption as relates to newspaper carriers. It has been in the law of this state for more than a decade that newspaper carriers, delivery persons, or assumed to be independent contractors not employees. So I'm sending forth for an amendment now that will address that issue could be read by the clerk. Clerk will read. Senator McKissick moves to amend the bill. Senator McKissick is recognized to explain the amendment. What this amendment will simply do s let the existing law as it relates to news paper delivery persons remain in effect where it creates over a [xx] presumption that they are basically independent contractors, not employees of the news paper. I don't know how many of you in your youth might have gone out and delivered news papers on your bicycle or walking the route. Now days you find people driving in the cars doing it, but the fact of the matter is they are basically independent contractors, there is a unique situation where the employment employer relationship might come into place than this particular provision would be basically allow that to be demonstrated in court, but it restores the presumption that we've had here in North Carolina for more than a decade that they are in fact independent contractors, but it is [xx] presumption just kind of that technical explanation that says if it's otherwise come to the court, present evidence, the court will consider it, and if they are to throw into the employee in fact that would be a more unique situation. This report will presume[sp?] in what's created more than a

decade ago, and it's and has been standing and existing along this state North Carolina ask for your support. Supported by the Press Association. Senator Rucho for what purpose do you rise? To debate the amendment. You have the floor to debate the amendment. I thank Senator McKissick for bringing it forward, when we pass this original bill we pretty much unanimously supported this bill and the entire series that was put out apparently they won some award. Both the Nation observer and Charlotte observer won some award about exposing this misclassification and yet they turned out to be the biggest culprit of them all, and so I see no reason to be putting a curve out and that was what was originally a curve out for an industry that basically said look how bad this classification is and yet they're the biggest culprit of them all. It will be a service to this bill to eliminate this and I urge you to oppose the amendment. Do you have any further discussion or debate on the amendment? Senator Apodaca purpose you rise? Mr. President to speak on the amendment. You have the floor of senator. Mr. President on the top of pages at the moment because there is need to go back and look at tv land. When we were growing up Senator Blue and Senator Tillman, there was a show that came on called Leave It to Beaver and there was a kid on Leave It to Beaver named Eddie Haskell and then he asks we will always kissing up for lack of a better term to Mrs. Claver and so I think this can now be known as the Eddy Haskell Amendment. I think he is kissing up to the editorial pages at a couple of pages in North Carolina. I ask that we Haskell I ask that we can speak on the amendment. You have the floor Senator. I think we need to name this the McKissick kissing up amendment. Any further, Senator McKissick, for what purpose do you rise?   To speak a second time on the amendment. You may speak first time Senator. I am simply trying to maintain existing law that was passed many, many years ago over a decade, by those that were here and serves as part of senate and serves part of the house. There's no kissing up to anybody it's about being fair, is about being reasonable, it's about being equitable. I don't think there are too many newspaper carriers, the delivery persons that think of themselves as employees of newspapers. And I suspect many of you in your youth might have been one of those persons. I know I certainly was and I think it's only reasonable and honorable that we maintain that language in our existing law, it's not about kissing up the newspaper, I don't worry about what the press says one day or another because I know that that is something that changed with the wind. There are good reporters there are bad reporters, the good newspapers the bad newspapers. Responsible journalist the dons are not quite so responsible regardless of one opinion about newspapers and journalism. If a person in fact is independent contractor, a law deserves to recognize that. Any further discussion or debate on the amendment? Senator Clark for what purpose do you rise? Senator McKissick a question. Senator McKissick do you yield? Yes I do. Senator McKissick is there a parallel between the re-portable consumption provided in your amendment and the one that we provided in senate bill 54? Transportation bill. They are actually quite similar and we have other analysis in the law of North Carolina. Any further discussion to debate on the amendment? Hearing none the question for the senate is the adoption amendment one on favor vote aye, oppose will vote no, five second be allowed for voting, clerk will record the vote 15 having voted in the affirmative and 32 in the negative Mr. President Senator Jack for what purpose do you rise? I press the wrong button if you can switch my vote please [xx] changes his vote from aye to no. 14 having voted in the affirmative and 33 in the negative amendment one fails, the bill on amendment is back before the body. Do we have any further discussion or debate? Hearing none, the question for the senate is the passage for the senate committee substitute the house bill 482 on its second reading. All in the favor will vote aye, oppose will vote no. Five seconds to be allowed for the voting and the Clerk will record the vote.

Blue, aye Robinson aye, Bryant aye, Waddell aye, Clark aye 46 having voted in the affirmative and Senator Van Duyn. I rise to change my vote. Senator Van Duyn changes her vote to aye. 47 having voted in the affirmative and zero in the negative the Senate Community Substitute to House Bill 42 passes the second reading without objection 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 Senate Committee Substitute house bill 42 on its third reading all in favor will say aye, aye, oppose no, the ayes have it senate committee substitute house bill 42 passes it's third reading it will be sent to the house for concurrence in the senate committee substitute. House bill 540 clerk will read. House bill 540. Billy Graham national statutory hall. Senator Sucheck is recognized to explain the bill. Thank you Mr. President, any of you visited the capital in Washington you go through retarder and you see all the statutes from around the country. Each state gets two people to represent their state and their values great achievements, great contributions that these people have made and we have two statutes therefore over a 100 years each and when someone goes to the capital you normally looks for what statute comes from your state but this is what our state presents to everyone else in the country, everyone else in the world, that comes to the capital, for the great people of North Carolina. Now what this bill simply does is sets up the process which the federal government policy isn't the responsibility of the state legislature process to replace Governor Aycock statue with the statute of Billy Graham in the retander[sp?] establishes a committee that will cover the commissioning of the sculpture the cost, the logistics, and there's no state I ask for your support. Do we have any discussion or debate? Senator Robinson for what purpose do you rise? To ask Senator Soucek a question. Senator Soucek do you yield? Senator Soucek I should've known but who is the other statue in the it's Vandson[sp?] Eckok[sp?]. Vends, okay. Another question. Senator do you yield? I do. In consideration of the history of North Carolina and this is the first time we've seen it. Has any consideration being given to the contribution of African Americans like Julius Chambers and others as we consider who those individuals should be or was there any discussion?  There's been some discussions, there are two statutes they've both been there 100 years, another process would be for you to put together a bill to nominate someone or come up with a process for the other statute if you think there's someone else that would honor the state. To speak on the bill. You have the floor Senator Robinson. Thank you, Mr. President I certainly don't object to Billy Graham being one of those important people in our state who's contributed but I certainly like for this chamber and others to consider that there are individuals like Julius Chambers and others who have made significant contributions to the history and the progress of the state of North Carolina. Hearing further discussion or debate Hearing none the question for the senate is the passage of the house bill 540 on 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. Senator Blue, aye. Meredith, McKissick no. Bryant Aye. 44 having votes in the affirmative and zero in the negative, house bill 540 passes its second reading reading and without objection be read a third time. North Carolina general Assembly enacts. Any discussion or debate? Hearing none, question for the senate is passage of House bill 540 on its third reading all in favor say aye Aye opposed no, the ayes have it. House bill 540 passes it's third reading it will be enrolled and sent to the governor House bill 709, clerk will read. House bill 709 NC national guard tuition assistance benefit amendment. Senator Sicha[sp?] is recognized to explain the bill. Thank you Mr president, members of the senate, the third and final time, I appreciate your indulgence. Simple one line bill we have tuition assistants in North Carolina for our national guard and this gives them the ability to attain skills that help them not only in their work as a soldier or airman but also with their work the community as the citizen soldiers they are. What this does is this expands

the ability to use tuition systems for not just undergraduate and graduate degrees, but graduate certificates, and those are skills that are graduate level skills that have some sort of industry certification or defined skills that don't culminate in a graduate degree. Very useful skills for the profession in the military and civilian life and it uses existing funds. I ask for your support. Any discussion or debate? Senator Brock, for what purpose do you rise? See if Senator Soucek will yield for a question. I yield. Just thinking about types of certificates and other things you have to will this go toward TLEs or CME continue in legal education or continue in medical education for attorney setter[sp?] in the national guard or physicians or PAs or MPs that have to be re-certified with this get work assistance for that?  I don't believe this Bill will cover that because its best notice the specific graduate certificate and am not sure that those are covered otherwise but I'll have to look.  Okay, Just be quickly while do have to get some certification per year. So I think we need to take a look at that and make sure this goes to the intended purpose, the great purpose. We need to make sure it's not abused by this people that can afford this gift kit on there on. Any further discussion on debate. Hearing non for the Senate is the passage of house bill 709 on second reading on favor will vote aye, oppose will vote no five seconds to allowed for the voting, the clerk will record the vote. 47 having voted affirmative zero[sp?] the nay in the House Bill 709 passes it's second reading without objection be read a third time. North Carolina General Assembly enact. Any other discussion or debate? Hearing none the question for the senate in the passage oh house bill 709 and on is 3rd reading on favor say Aye those of no, the Ayes have it the House Bill 709 that is its 3rd reading it will be enrolled and send to the Governor. House Bill 712 clerk will read. House Bill 712 I will project used needle disposal. Senator Richard is recognized to present the Bill.  Thank you Mr. President and the members of the Senate, this bill was explained clearly yesterday during the rules committee by the Representative Faircloth, it basically establishes a panel program for the disposal of shops legal wage on a scalpels and the like that is a serious problem in health care especially with all of the blood born infections that are there, and what this does is it establishes two pilot programs so that one they can basically find the best way of disposing of these sharps potentially contaminated sharps, and also they'll report it back to the joint legislative oversight committee of health and human services and the  JPS. It also opens up the opportunity, there is a lot of technology happening today as to how to best remove these sharks from our lands fields and hopefully part of what it'll be studying is the best technological today as they are today to remove problem from the land so I urge you to pass House bill 712. Thank you. Do we have any other discussion or debate? Hearing none question for the senate is the passage of committee substitute to House bill 712 on a second reading. All in favor of vote aye, oppose of vote No. Five seconds will be allowed for the voting clerk will record the vote, Apodaca aye, Burger eye, 47 having voted in the affirmative and zero in the negative, committee substitute House bill 712 passes its second reading, without objection be read a third time.  North Carolina General Assembly enacts.  Any discussion or debate? Hearing none, the question for the Senate is the passage of committee substitute House bill, 712 on it's third reading. All in favor will say aye?  Aye! Oppose no, the ayes have it a committee substitute House bill 712, passes it's third reading, it will be enrolled and sent to the governor. We have one conference report on the calendar for adoption House Bill 44 clerk will read.   House bill 44 Local Government authority[sp?] form 2015. Senator Wayne is recognized to speak to the motion. Thank you Mr. President, I know you know that this was pulled off calendar yesterday because we wanted to make correction, and make it the best conference report we could with the House. I will first tell you I would ask that you vote for the adoption of the conference report, that means vote Yes that I would like to go over few of the highlights with you

that will changed first it was pulled out yesterday for the [xx] of thrilling changes and what this is it clarifies when a local government shall not enforce taking a private well owners like to have a well for irrigation and I'm sure you've read over the conference report so you know there's four reasons for that. A local government can still mandate the connection the public water and those are one. The private well has failed and cannot be repaired to drinking water removed by the private well is contaminated or three[sp?] public authority or a unit operating public waters system is being assisted by the local government commission in re-financing instead and four was the [xx] and I do want to bring that into your attention, a temporally exemption is going to exist to July, 1st 2017 for local governments that are actively expanding the water system to reach locations currently served by water wells. In other words let the people know they have two years to let people know that they will be ask to connect public water. Another thing is that the bike lane language was removed, I know there was some concern in here about that repairing in buffers, we took the house language on that and that basically says that a local government can have a buffer greater than a state required buffer if approved by the environmental management commission and that was the main changes and I would ask for your support, if you would vote for the adoption of this conference report. Do we have any discussion or debate? Hearing none the question before the senate is the motion to adopt the conference report house bill 44 all in favor vote aye oppose vote no. Five seconds be left for voting, clerk record the vote. Berger aye, Rachael aye, Tucker aye, 33 Mr. President. Senator Brian changes her vote from. No.  Aye to no. 32 having voted in the affirmative and 15 in the negative, the senate does adopt the conference report to house bill 44 and the house will be notified and that is the end of our calendar [xx]. Senator Apodaca for what purpose do you rise? Mr president couple of motions. You have the floor senator. Mr. President  I move that House Bill 875 restrict municipal amended domain which was voted on today on 3rd reading be ratified today. Objections are in order. Thank you Mr. President, additionally House Bill 527 was on today's calendar, we had moved it to Tuesday, we need to pull that back and move it to Monday night. That objections are over Will be what, the 21st thank you. Senator Brown for what purpose do you rise? An announcement. You have the floor senator. Republicans will caucus immediately after session. Senators at this time we would like to say thank you to our pages for this week. Pages thank you for serving the senate, we hope you had a great time, and hope you come back and see us Do we have any further notices or announcements? Any further business to come before the senate? If not the Chair recognizes Senator Apodaca for a motion. Thank you Mr president. An announcement before we do the motion. There will be a finance committee meeting Monday afternoon at 4 o'clock in the usual location it will be probably good that everybody attend. We'll be breaking out and discussing the bond package going forward and some additional bills. Additionally we will have votes Monday nights so we'll go into session Monday night at 7 our usual time, hopefully we'll get a lot done next week and through the weekend and finish up here fairly soon so that's kind of where we are. I move that the Senate be

now adjourned subject to the standard stipulations set forth in senate rule 24.1 the ratification of bills, the appointment of conferees, the receipt of conference report and the receipt of house messages to reconvene Friday September 18th, 2015 at 8 A. M for skeletor session. The motion is the senate now adjourn subject to the stipulations stated by Senator Apodaca to reconvene Friday September 18th and 8 A. M. Seconded by Senator Stein all in favor say aye, aye opposed no the ayes have it senate stands adjourned.