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Senate | September 29, 2015 | Chamber | Senate Session

Full MP3 Audio File

The Senate will come to order. Without objections, the Senate will now stand in recess subject to to the standards stipulation set forth to the senate rule 24.1 the received and referral of committee reports and conference reports, messages from the house, the radifications of bills and the appointment of conferees to reconvene at 11 AM. Thank you. Ratification of the Bill and the clerk will read. In willingcoke ratified for presentation to the governor. Senate bill 379, an act relating to cemeteries located on lands own, occupied or controlled by the state. House bill, 215, an act to establish procedure waiver of the right to a jury trial criminal cases in superior court, House Bill 217 an Act to avoid persons to various public officers upon the right recommendation of the Speaker of the House of Representatives, President Pro Tempore[sp?] the Minority leader of the Senate. Also 297, an Act to Requiring form consent for the donations of the remains of an unborn child, to prohibit the sales of any aborted or miscarriage material or remains of an unborn child resulting from an abortion or miscarriage in to limit the use of State funds for contracts pertaining to teen pregnancy prevention initiatives and projects. House Bill 495 an act enhancing the effectiveness and efficiency of State Governor by modernizing the State System of Human Resources Management. Senate will come to order, Sergeant at Arms will close the doors, members will go to their seats, members and guest will please silence all electronic devices, leading the senate in prayer is the reverend Peter Milner, senate chaplin all members and guests will please stand Let's pray. Almighty God, give us confidence to draw near to your throne of grace, and your presence is all of life and is all of light. For your light has guided us this session like a much needed land-turn and we thank you for that, we plead one more time for that light to saturate every Senator, every staff member down to the ground that we walk on. It's in the name of Jesus that we pray. Amen. Senator Pitt is recognised for a motion. Thank you Mr. President. The journal of Monday, September 28, 2015 has been examined and is found to be correct. I move that the senate dispense I'm reading out the journal, and that will stand approve as written, no objection the journal for September, 28th, 2015 stands approve as written Members leaves of absence are granted for Senators Barringer, Cook, Newton, Woodard, Smith-Ingram and Rucho. Members we have nurse of the day, today's nurse Horn is back in the chamber nurse Horn thank you for your services to the senate, thank you. Mr. President. Senator Apadoca for what purpose of your rise? Our type of motion Mr. President if I may? Debate your motion. Senate Bill 676 Health Insurance Coverage is on today's calendar, leave the movement to the 2 o'clock calendar please. Without objection so ordered. Thank you. Senate bill 371 LME MCO claim reporting on today's calendar need to move it to the two o'clock counter Mr. President. Without objection so ordered. Thank you Mr. President get along motion I need to read as the clerk would if I may I move that the rules be suspended to the end, that all bills and resolutions reported out a committee or receive on concurrence be placed on today's calendar for consideration, this includes house bills 126, 55 647, which were reported earlier today from the Rule's committee, I further move that all conference reports submitted be placed on today's calendar for consideration, all items send to the house with amendment should be sent and in grossed that's my motion. Without objection? So ordered.  Thank you Mr. President. Members of parliament motion of Senator [xx] Anderson of [xx] and [xx] counties and on behalf of Senator Bill Cook of Beaufort County, the Chair's happy to extend courtesies to Bell

Haven mayor, Adam O'neal, Beaufort County commissioner Hood Richardson and the delegation of residents from the Town of Bell Haven. If you're in the gallery if you'd please stand. Thank you for visiting the Senate today. Thank you. And on behalf and on the motion of Senator David Curtis of Lincoln and Lincoln, Iredell and Gaston Counties, the Chair is happy to extend courtesies to Senator's Curtis' wife, Rachel Anne, Senator Curtis and Rachel Anne have been happily married for 46 years. Ms. Curtis, if your here, if you'd please stand, thank you. Reports of standing committees. Hey members we're about. Mr. President. Senator Apodaca for what purpose do you rise.    Simple as committee report. Simple your report. The Clerk will read. Senator Apodaca the rules not breaking of the senate. Submit the passage, House bill 735. Committee substitute number two on favor estimate substitute bill number two in favor has send to committee substitute bill title DPS Changes.  Calendar today pursue on to the previous motion. Any further business come before senate before we get to the calendar. Here are numbers for public bills for in reference, senate bill 159 Clerk will raise.  Senate bill 159 corrected the memo refund purposes. Senator Tot[sp?] is recognized. Yes this is the bill that had one modification from the house which will enable the county to set up for petty cash fund in their senators are in each county I ask for your concurrence. Further discussion or debate on this motion? Hearing none question for the senators, there are motions to conquer and house made substitutes senate bill 159 all in favor will vote aye, those opposed will vote no, five seconds to be allowed for the voting, Clerk will record the vote. Apodaca aye, Berger aye, 44 having voted in the affirmative and none in the negative the motion is adopted, the bill will be enrolled and sent to the governor. Senate bill 313 the Clerk will read. Senate bill 313 industrial hint. Senator Berger is recognized. Thank you Mr President, ladies and gentleman in the Senate. The bill that we're presently on prior to had to do with the license plate and that bill was guarded and now in speaks to industrial hemp. As you know I ran, or as a lot of you don't know I did run an industrial hemp several years ago and had our position from the law enforcement community, and I'm going talk about the changes since the time I learned that bill in Hawaii had failed, presently the law enforcement community the Sheriff Association and others has no objection to this bill, in 2014 the federal government allow states to grow in industrial hemp. In Europe it's used in the automotive industry BMW in particular uses hemp because of its environmentally friendly and is biodegradable. That'll give an opportunity for us to do the same thing in this country. Currently it's imported from China into America, and it'll give an opportunity for for a market here which we can easily take a life insurance on, the vote in the house was 101 to 7 Representative Collins, [xx], Stevens and Willis all voted for this bill as well as many others. No objection to this bill and would appreciate your support, it gives an opportunity for industry and entrepreneurs throughout the state to use these and

manufacture these products from [xx] really grown by farmers during the 40's and World War II, we're happy to try to answer any questions. Further discussion or debate on the motion to concur house committee substitute Senate bill 313. Hearing none, request for the Senate is the adoption of the motion to concur in the house Senate Bill 313 all in favor will vote aye all oppose will vote no, five seconds will be allowed for the voting. Clerk will record the vote. Apodaca aye, Berger aye. 42 having voted in the affirmative and two in the negative, the motion is adopted and the bill will be enrolled and sent to the governor. for concurrence, Senate bill 524, the clerk will read. Senate bill 524 grant requirements [xx]. S Senate Curtis is recognized. Thank you Mr. President, members of the Senate, I urge you to concut on this bill the house made some minor changes and changed the date and added a piece to allow EPI to do a pilot project to try to get disabled K12 students involved in athletics, I urge you to concur Further discussion or debate? Senator Van Duyn for what purpose do you rise? To ask a question.  Of Senator Curtis? Yes please. Senator Curtis do you yield? Yes sir. He yields. Senator Curtis just for my ratification could you explain to me the provision about eye glasses It was removed totally the yes I'm sorry I apologize. Further discussion or debate senator Jackson, for what purpose do you rise? Ask senator Curtis a question Senator Curtis do you yield Yes sir He yields Senator what about the provision regarding the intrinsic value of money is that still in there  No sir that was one of the ones that was removed Further discussion or debate, hearing none, question for the senate is the adoption of the motion to concur with the house committee substitute senate bill 524 all in favor will vote aye, all opposed vote no, five seconds will be allowed for the voting clerk will record the vote Burger aye 44 having in the affirmative and none in the negative, motion is adopted the bill will be enrolled and send to the governor. For concurrence senate Bill 698, the clerk will read. Senate Bill 698 the legacy medical care facility exempt. Senator Heis is recognized. Thank you Mr. President, members of the Senate, and I do believe Senator Wade wanted to explain one of the other sections of this, although most of this provisions you have seen in House Bill 20. For some reason we send over the house and they just didn't want to take that up so they took the provisions and send them back in another bill, my cloud computing bill I couldn't give any logic for that, but are there still important things we need to do here on the state? We've made a lot of arguments over this time about the difficulties the CON system places on our health care, and what it prohibits individuals from being able to do and being able to provide health care in our rural communities. We have many individuals here from Belhaven today and senator Cook couldn't be here but he's fought hard for this provision that allows them to re-open their house. Mr. President. Senator Blue, for what purpose do you arise? I might interrupt to sent up a form for Senate Bill 29. Send forward form, hold on just a second Senator Hise. Senator Hise you may continue. That allows them to reopen their hospital facility without the incompetence of someone else holding the COE in beds necessary for their facility. And we make an exemption for them in this. It is also important for this bill finally eliminates for Boston Buncombe and Madison counties [xx] Mr President Senator Apodaca for what purpose do you arise. I certainly hate to interrupt Senator Hise but we need to take about 10 minute break right now, we could please. Senator Hise we're just going to have to get you started again later without objections the Senate stands in recess until 11:50. The Senate will come back to order. Sergeant at arms will close the doors. Senator Hise is recognized for a motion.

thank you Mr. President, I move that senate bill 698 be removed from this calendar and placed on the 2 O'clock calendar. Without objection so ordered Conference report for adoption senate bill 513 North Carolina farm act, 2015 senator Jackson is recognized. Thank you Mr. President, members I'm going to go over just what changed in the conference report so you understand it a little bit better then I'll be glad to entertain any questions on any section of the farm bill that you would like to ask me questions only after I get done going over the changes. In section number 3 we sort of changed that around this wording that was in there for sustainable agricultural seeing the cause of major problem in the house so we went with some members and tried to fit in I guess more pleasantly words into here and so what we have done, we have edited the language, basically the title of it, they've changed it to establish policy of supporting science and agriculture. We added sound science into the wording as well as we added organically produced food into the clarification as well. Section number 9 the house added storage facilities to the farms and feed mill that we already had when it passed the senate. Section number 11 we caught this sort of last minute and had it edited in the house, it was going to put us out of compliance with federal law and so basically what we added was he words in the allow shell fish cultivation and submerged aquatic vegetation accept as required by federal law section number 13 procedure for termination or substantial modification of conservation easement this language is very similar to what it left is with in the Senate. But it was a amended to address the governor's concern and it was worked out in the house along with the commissioner of agriculture and the Governor's office to get to where it is today. Section number 15 was removed which is the alternative disposable of [xx] plastics. If you remember from yesterdays discussion that was put in house bill 765. Section 18 is a new section it's called modified odor control of feed manufacturing plant rose. This was a provision that was added in the house basically this is dealing with rendering plants currently they can only have material out 24 hours and that was deemed to be an issue, not only with rendering plants but some other areas and plus, our surrounding states have no such provisions which sort of put us at a disadvantage competitively wise. So [xx] has suggested that an approved the proposed change which would allow 36 hours for raw material, 48 hours for feathers, and 96 hours for cooking oil. And The Department of Agriculture has reviewed this provision and they have no issues with it is real. Section 19 is a new section, it's exempt certain wetlands mitigation activities from certain pollution control act basically I can read you want's in the bill, but I'll tell you what it does, if a person voluntarily, which I as a farmer don't quite understand why you'd want to do this, but, some individuals want to take their land and put it back as the wetlands. Basically, what this would do is allow them to do that without having to go through the two and three triple passes of permits that allow that to be done. So if someone is willingly to volunteer their land to goes into restoring a wetland, this sort of streamlines that process form. Section number 20 is a new section that was added in the House. It clarifies reimbursement of third party times from the commercial last turn which is the unavailable story stale so leaked underground stores always tights as we're refer to his the less than. This intent of the section is to limit the damages payable from the commercial lost funds and a third party claim Section 22 is direct division more intentionally of resource commission to develop a paler of American new what was send them over to the house was good language that would have benefited the folks in this indurstry what they sent back we're better off without this so it has been removed in this report. Section number 28 the established firm One way permit. Then again there was a lot of concern about the license when it was modified. We found out after the modification was done and it came back to us we really weren't doing the farm winery[sp?] any good so we removed that provision as well and we will work on it another time. section number 29 is

a new section it clarifies pesticide relasning[sp?] this provision was simply clarify that the pesticide board can certified Pesticide applicators, Pesticide dealers, and Pesticide control consults as we continue in education credits and as currently the way it's being done there was confusion somewhere along the line on this, and this basically clarifies that. Section number 30 is a new one clarify eligibility for extended gas products to tag, fun. This provision will clarify the money that is set aside in the expanding of gas products tag and fun is not to be used for projects intended for the purposes of commercial resale of natural Propane gas. There was some confusion there as to how that money was to be used and the intend of that language as I understand it was not to put someone in business, but it was an attempt to get natural gas and Propane Adams in the areas of they currently where not in for agricultural use. Section number 32 allowed the department of agriculture to rent the stored drug outsourcing facilities. This was a provision that was added in the house in a request that came from a department of agriculture. For those of you read probably did not now what an outsourcing facility was they are basically facilities that compound stored drugs and have the likely to rush with the FDA as an outsourcing facility. These facilities are always serving the FDA inspection for good manufacturing practices. This section rectifies that the acquired list facilities raised through by the Department of Drug and under go regular inspections just like all the other drug manufacturing facilities in this state currently do. Section number three exempts certain, exemptions from certain dain[sp?] permits and waste analysis during animal threat of contagious animal disease. This provision was added in the house and it was added that the request of the Department of Agriculture and in pertains to working with the Athenian influenza that we're pretty sure was coming this ways this fall we hope doesn't but if I does, this section will make two changes that give the Department of Agriculture more flexibility when the governor the state veterinary and the commissioner to clarify on animal disease emergency. It will clarify that the state emergency has power to for go permitting from the composting of dead domesticated animal and the most during emergency and secondly it clarifys that the state veterinary can suspend animal waste analysis during emergency animal disease emergencies The commissioner believes this is important should we have to face that deadly disease that is probably coming this way section number 34 is a new section as well. It was added in the house. It clarify construction of firm buildings on state property. This section clarify's that occupied are buildings build on state land or exempt from building rules if they are used for forestry production, research or agricultural production research section 35 is while our [xx] this is also a provision that's [xx] in the House, this section makes changes to the wildlife officers [xx] to decision ensuring that officers cannot inspect weapons and equipment in the absence of the person in apparent control of the equipment it also raises the standards for searches of weapons and equivalent to a reasonable suspicion, meaning are officer messed on some ground to justify his/her search of the equipment Reasonable suspicion is still a lower of standard and probable cause. This section also requires the wildlife resource commissioner report annually to the legislative oversight committee on JPS, the quantity, subject matter and geographic origin have all complaints filed against wildlife officers in the preceding year. And section number 37, is the last section it's also a new section and this was added into the House and it basically expands eligibility requirements for the soil and water non-point source pollution control and agriculture programs to any bonafide farm as defined in statute. Members I will ask that you support this concurrence report or conference report and I'll be happy to entertain any questions, thank you. Mr. President. Senator Tillman for what purpose you rise? A question Mr. Chair. Carry on. And we have an ultimatum meeting as soon as we get out of here. Would you like a 2 o'clock session, Senator Tillman? Further discussion and debate on the conference report. Chamber what purpose you arise? To speak on the bill, and has the floor, Senator has the floor. Ladies and gentlemen of the senate and I arise to speak on behalf of [xx] who we have put back in this bill. That is the servant our dear farming portions of the bill as you remember from our last debate, my constituents particularly in Halifax and Nash counties where honey is a

major part of our tourism industry of adamantly to us increasing the [xx] farming business in our state basically raising deer for purposes of shipping them outsides the state and even inside the state I think we have a [xx]  farming facility and charity and there are other places around the state where it is legal to fence in the dear and shoot them that way and hunt them that way. Our My constituent feel like, both the fact that expanding this servant farming basically into an agricultural vote agricultural business, put's pressure on what they consider to be illegal importation adhere into the state that would put us at risk for Chronic Wasting Disease which you've heard about. In addition to the fact, we are changing the regulation of this since we all going to form these deer to be exported, so to the agriculture department versus the wildlife department which focusses on this count of enforcement. So it's going to be in a more favorable environment for those who want to raise the deer to ship them to be herded in places where that can be done and they feel like that involvement put a risk of increasing our exposure to this disease that so far we have been able to prevent having in the State. In addition to that, we any local government ordinances, and as you remember, I attempted to amend the bill, to at least allow local government to enact ordinances. Once chronic chronic waste and disease appears in the state, if it does. That was not successful so we preempt any local government activity on this and our local governments have differential interest in the consequences. It probably doesn't matter in Raily if we get chronic wasting disease, but it's going to be devastating in Halifax county. In addition to that, the aspects of the transportation issues and the fact that the permits are issued by [xx] and wildlife still enforce the transportation but the limitations on them to manage that is a concern. The one additional But those are key factors of concern and you've been hearing from my constituents the many emails about this and I regret that we have to put an area of the state that is already facing a significant recessionary consequence even more at risk, and with this effort on behalf on a few who will make money versus the Bore are consequences of damaging or putting this in it, this at risk, and I remember the additional point. It's been pointing out about veterinary care, the egg, department as of this veterinarians, and they manage disease amongst a full animal food population etcetera, which is correct but in this case spanning[sp?] waste on disease is not a disease we want to manage, it's a disease we don't want to come here. So it's not about managing it, it's preempting[sp?] it and that's what wildlife enforcement has been doing in its leadership around these effort so for those reasons my constituents oppose it and I would appreciate your voting against adoption of the conference report. Mr president Further discussion or debate, Senator Jackson for what purpose do you rise?  To speak on the bill. You have the floor. Thank you sir. Members and Senator Brian, I understand your concerns a lot of them are unfounded, no one wants CWD to come into this state, it's in the surrounding states around us, in my opinion which is very limited on this subject of CWD chronic wasting disease, we are eventually going to get it in here because of migratory nature of the deers themselves and I dare say Halifax County I don't believe is too far from the Virginia line where they already have it. What this bill will do is, it will help prevent it even entering here because one, there will be no importation, there'll be no exportation there'll be no hunting in these pens. That's plainly stated in the language. The language is exactly like it left the Senate with a 42 or 44 to two vote earlier this year. But it also will allow

Wildlife and Ag[sp?] to work together to manage this particular population that's inside the fences better wildlife will still have the authority to control this. All Ag[sp?] will be concerned with is what how the farms are registered under USDA's guidelines and standards as well as they will be able to assist the growers in making sure that the right thing is done to prevent any type of contamination. I also have in my hand, and I'll be glad to share with the members at anytime, a letter that was written on July the 20th and signed by four individuals are the chairman, the past chairman, the vice chairman and the executive director of the Wildlife Resource Commission agreeance of this move. It says, we are writing to affirm the consensus position of the North Carolina Wildlife Resource Commission in support of section 14 of Senate Bill 513 to the North Carolina Farm Act of 2015 each wildlife resource commissioner is interested with this sworn responsibility to protect and conserve North Carolina's wildlife resource for the benefit of the citizens of North Carolina. Additional protection, information of a rich hunting heritage is fundamental to our mission. This important responsibilities are constructed partnership with the North Carolina Department of Agriculture and  consumer Services, and recently imposed limitations on Wildlife Resource Regulatory Authorities established the foundation of this position. So they realized partnering with Ag will mean better control should and when we get CWD Wildlife Resource Regulatory Authorities as well as trying to prevent it from coming into this state, and as I said earlier I'll be glad to answer any other questions and I would appreciate that you vote yes on the conference report thank you. Further discussion or debate, Senator Raven for what purpose do you rise? Mr. President thank you, there was a good side and there was a bad side and there's some things that generally some of us like a lot, some of us despise, and so it is with this Bill with this report and I think senator Jackson has done a good job, he's worked hard this is the last day of the last day you might say and it's time for us to get this behind us, I do want to address one issue that I particularly find distasteful and that is the issue of tying the hands if you will about wildlife officers I think that this body and the our neighbor's across the way should respect the wildlife officers they should know the danger that this men and women face everyday, and they should fully realize have that in almost every instance these people are approaching or working with all citizens of this state they are in remote location, they are in dust, wet and dark locations and this individuals are working alone, and I think that we should stand up and praise the work they do and not try to tie their hands because of isolated things that have happened in one person's district or another person's district and this or that and I think we should thank these people and reach out, and appreciate what they do just as we do with our deputies and our sheriffs and our highway patrol and a fireman and everyone else that we have in this state that serves us in an [xx] capacity and that portion of this bill, this repeal I'm not happy with. But again, the good [xx] far, far outweighs the bad and we can't just hang our heads on one issue. We have to look at the big picture and look at tomorrow, and I hope going forward that there's somethings here particularly in that section that we can look at a little closer, and make sure that we've done the right thing, but I think we are doing the right thing here. I commend you for your efforts. Further discussion, or debate? Mr. President. Senator Park what purpose do you rise? Ask senator Jeff a question please. Sir Jackson do you yield? Yes sir. He yields. Senator, do you see anything in section 14 that will negatively impact traditional, or wild deer hunting? No, sir. Mr. President No sir, I do not actually, folks will have this confused as we're capturing bambi as my colleague from Halifax eluded to. That's not what we're doing here, Senator Todd.

These are deer that have been raised in captivity, and that's where they will stay. Further discussion, or debate? Hearing none, the question for the Senate is the passage, or the adoption of the conference report to Senate Bill 513. All in favor will vote aye. All opposed will no, five seconds will be allowed for the voting, the Clerk will record the vote. 42 having voted in the affirmative and two in the negative, the conference report is adopted and the House will be so notified. House Bill 327, the clerk read. House bill 327, study EMS, safety EMS, personnel detect changes. Senate Brock is recognized. Thank you Mr. President, the top none of the bill states exactly what this would do it just changes the statutes to the government regulation of EMS services and adoption to national standards before the personnel, are the Chair arise for the conference report. Senator Brian purpose do you rise? To ask Senator Block a question Senator Brock do you yield? I yield He yields Senator Brock can you say what the changes are, I remember that was an issue about a steady or unprotecting EMS personnel including looking at the options of them carrying weapons, is this in the new in the conference report because I saw that there was a proposed substitute?   No ma'am we took that out, this is the conference report is now reflects the definition, changes and technical changes so that was taken out. Thank you, Further discussion or debate, hearing none, question for the senate is the adoption of the motion to adopt the conference report the house bill 327, all favor will vote aye all oppose will vote no five seconds to be allowed for the voting the clerk will record the votes. 44 having voted in the affirmative and none in the negative, the senate adopts the conference report and the house will be so notified. house bill 126 the clerk will read. House bill 126 mortgage origination support registration. Members just say you know these are items that have been added to the calendar we have house bill 126 which was just read in house bill 558, house bill 647, house bill 735 and just house bill 735 and I don't know if we have anything else but on house bill 126 senator McKissick, is recognized. Sure I like to first seen for the amendment it can be there for the dashboard. Clerk will read. Senator McKissick, moves to amend the bill. Senator McKissick is recognized to explain the amendment. Amendment just changes the effective date was agreed upon with the commission of the bank so I ask for your support. Further discussion or debate on on amendment none, hearing none the question before the senate is the passage of amendment one to the senate committee substitute to house bill 126, all in favor will vote aye, all opposed will vote no. Five seconds to be allowed for the voting clerk will record the vote. Senator Tillman, 43 having voted in the affirmative and none in the negative, the amendment is adopted, and the bill is back before you. Senator McKissick is recognized   Yes it's a pretty straight forward bill what it does makes your [xx] supports it, basically it takes the existing law of the, [xx]. Senator Mckissick. Yes. Could you excuse me one moment please. Sure. Mr. President. for what purpose do you rise? The finance committee says there's some finance questions inthis bill, and we need to pull it, and run it through the committee I'm sorry senator Mckissick. That's not a problem. Senator Raven just told me. So motion to, [xx] Motion to move from today's calendar and send it to the finance committee. OK with the amendment attached during which do you want to engross the amendment? Just attach. OK motion is to move referral house bill 126 to the finance committee with the amendment attached, that objection so ordered. House bill 558 clerk will read. House bill 558, reserve nation

guard military affairs commission.   Senate Brown is recognized. Thank Mr. President. All this bill does is add two members to the military affairs commission. One of those would have a long term connection to the state, and who is a current or military retired members of the North Carolina National guard, and the other would have a long term connection to this state and as a current or retired member of reserved component of air force, navy, armies or marines, and who's involved in the military affairs organisation within the state. I ask for your support. Further discussion or debate? will vote aye. All opposed will vote no. Five seconds will be allowed for the voting. The Clerk will record the vote. Senator Rabin, aye, Senator Curtis aye. 44 having voted in the affirmative and none in the negative, house bill 558 has passed the second reading, and will without objection be read a third time. General assembly of North Carolina enact  Further discussion or debate? Hearing none, the question before the senate is the passage of house bill 558 on its third reading all in favor will say aye, all opposed no, the ayes have it and House Bill 558 has passed it's third reading and will be enrolled and sent to the governor. House Bill 647, the clerk will read. House Bill 647. Epi Pens in All Child-Serving Businesses.  Senator Brock's recognized. Thank you, Mr. President. members of the senate last session passed legislation that epipans[sp?] would be in every school, this will follow up on the body by making sure healthcare providers can prescribe this to childcare entities and other this calls for the treatment of this, so this clears up how you can get the pain and who can get it to make sure that they follow the wishes of the general assembly and by the way that the legislation was passed did a lot of good, it's helped some kids out there, so I appreciate that this is just continuing down that path. I urge your support. Further discussion or debate, hearing none, question for the senate is the passage of the senate committee substitute to House Bill 647 on it's second reading, all in favor will vote aye, all opposed will vote no, five second to be allowed for the voting, Clerk will record the vote. 44 having voted in the affirmative and none in the negative, House Bill 640 has passed it's second reading and will without objection be read a third time. [xx]. Is there further discussion or debate? hearing none the question before the senate is the passage on third reading of the senate committee substitute to House Bill 647, all in favor will say aye, all opposed will say no the ayes have it and house bill 647 has passed its third reading and will be sent back to the house on the issue of concurrency the senate committee substitute. House Bill 735 clerk will read. House bill 735 DPS changes. Senator [xx] is recognized. Thank you Mr. President ladies and gentlemen house bill 735 makes it very technical and clarifying changes related to the department of public safety section one is a technical correction that is necessary for a state year old investigation to procure they updated state wide automated finger print that system which is called safest[sp?]. It also adds storing and maintaining through actual cost when determining the fee for receiving information including criminal records from the State Bureau of Investigation. Section two is a technical correction to House Bill 562 which was the gun bill, and clarifies that finger prints are to be sent to the FBI for certain misdemeanors which will allow the FBI to continue to run the finger prints through the unsolved crimes, or as we know cold cases. This finger prints are for misdemeanors including crimes of domestic violence, various driving, and paired offences, additional of control substances, assault, stock, and communicating threats. This in no way circumvents [xx] have any effect on entries allowed by their system. Section 3 clarifies that the State Capital Police are not members of the highway patrol, in the budget where you had a re-organizational provision that says that they are only supervised by the canal of the highway patrol.

I know of no opposition, and I respectfully request your support. Further discussion or debate? Hearing none the question for the senate is the passage of the Second Reading of the Senate Committee substitute of House Bill 735. All in favor will vote I, the opposed will vote no. Five seconds will be allowed for the voting. The clerk will record the vote. Senator Brown aye 44 having voted in the affirmative and non in the negative, House Bill 735 passes it's second reading and will without objects Be read the third time. House Carolina General Assembly enact. Is there any further discussion or debate? Hearing none the question for the Senate is the passage on third reading of Senate Committee substitute to house bill 735, all in favor will say aye.aye.we are going to be here for a long time, I wish I could here that. All oppose all no. The ayes have it and house bill 735 passes it's third reading and will be returned to the house on the issue of concurrence and the senate committee substitute. Mr. President. Senator Apodaca for what purpose do you rise?  I think everybody is getting hungry. Senator Jackson is tired from all the Tweeting that he's been doing today during the session, so we need to give this fingers a break, so I say we recess to about 2 o'clock. Senator Jackson is buying everybody lunch, is that what you said? I think so,  that's true senator is buying everybody lunch. Okay, thank you. Senator Jackson, the other senator Jackson. For what purpose do you rise? A moment of personal privilege briefly if I may? You have the floor. Thank you Sir. He's left the building I think, probably gone back to his office, but, there is someone that needed to be thanked that I didn't do when we were doing the 513. And that's Chris Sander, he is a member of our staff here and there is a lot of staff members working on this bill and on September 21st I was looking at this bill. It was on the 57th addition and I know it's been changed several times since then. So, it's coming close to 60 additions and changes of Chris I had to make personally thank Chris and his team that worked on this as well as my staff Essy and Ross. I really appreciate all they have done to get this bill to where it is today. So thank you Sir. Is there further business come from the Senate before I take a motion from Senator Pate? Senator Pate is recognized. Thank you Mr. President, the Senate will stand and recess subject to the standard stipulation set forth in Senate rules 24.1. The appointment of countries, the receipt of conference reports, the receipt of committee reports and the ratification of bills and messages from the house to reconvene today at 2 pm. The motion is that the senate will now stand in recess because stipulation stated by Senator Pate to convene at 2.00 pm. All in favor say aye. Aye. All opposed no. The aye's have it and the senate stands in recess until 2.00 pm Senate will come to order, members will return to their seats, members and guests will please silence all electronic devices. Members just so you know it looks like we have not received any new bills from either committee or from the house and so we're going to return to the original calendar, there are three bills that were passed over this morning that will take up senate bill 371, senate bill 676 and senate bill 698, anything we need to do before we get into those bills, senator Apodaca for what purpose do you rise? Motions relative to this calendar. You have the floor. Thank you Mr. President senate bill 698 was what we're working on with senator Hise move that we bring it before us for immediate consideration, in addition to that motion the other two bills on the calendar move it to 4:30 calendar. Without objection so ordered. Senate bill 698, the Clerk will read. Senate bill 698 legacy medical care facility current exam. Senator Hise is recognized. Thank you Mr. President members of the senate hopefully we'll get through hsi with these operations. As I'd said earlier this bill will allow particularly with Belhaven but any legacy medical center, who has been closed for at least

six months, to reopen that facility and have that reopening exempt from the certificate of need, I would take the opportunity once again to emphasis that the CON system as a whole is an equated and we needed a much larger elimination of that CON system. But also say and also to say that this bill will eliminate the restricted public advantage, that applies to Buncombe and Madison counties, which is a probation from their hospital of expanding within those counties. Something that is going on since I was in high school, when the two hospitals merged and has long outlived its usefulness in our state or it's operations. There is also a provision in here that had some questions, I'd be happy to have any if you could, about the authority, for hospital authorities to expand outside the state. It allows that the provision in less several probably had messed up that earlier wanted to address that provision. Further discussion or debate? Senator Clark, for what purpose do you rise? To explain a portion of the bill. You have the floor. Before we get to that, I want the record to reflect Senator Woodard back in the chamber. Senator Clark is recognized. Thank you Mr. President senators I'm also Senator Hise talked about certificate of need. There is also a process called RFP process, Request For Proposal, that hospitals have to go through this, we passed this earlier in House Bill HB 20 it has to do with the hospital in Yadkin county that has been closed. And it simply says that if you've gone through all of the process, you've put out the public meeting notices, you've had the public meetings and you are in due diligence with a potential lessy or buyer and that due diligence process does not produce an agreement, you can move to the next prospect without starting over on that process. It just speeds it up, simplifies it and it's very valuable to rural hospitals. Thank you very much. I'd appreciate your support. Further discussion or debate? Hearing none the question for the senate is. Mr. President? Senator Bryant, for what purpose do you rise? I have a question for Senator Hise. Senator Hise you yields. I yield. He yields. Senator Hise just remind me what the section four do it repeals the 9E and 9A of this other chapter, what does that do? Thank you. Those are both related in the current law the certificate of public advantage they currently utilized only for the one that existing for mission hospital in Bancombe in Madison counties. Further discussion or debate? Hearing none the question before the senate is the motion to concur in the house committee substitute Senate Bill 698. All in favor of the motion will vote I, all opposed will vote no. Five seconds will be allowed for the voting. The clerk will record the vote. 44 having voted in the affirmative. 44 having voted in the affirmative and none in the negative the motion is adopted the bill will be enrolled and sent to the governor. Members the other two bills that I mentioned have been moved to a later calendar, I don't believe we have anything further, as the further business come before the senate before we take another recess. Senator Apodaca for what purpose do you rise? Mr president we need to recess till 4:30 pm. As subject to the same stipulations as were stated by senator Pate earlier his previous motion yes  madam Clerk[sp?] we need to read this again can you remember them? I think she remembers them. I think we're good, thank you. Okay. Without objection senate stands recess until 4:30. Members before we do that we have some guests in the gallery, upon the motion of senators Lowe and Krawiec of Forsyth County, chair is happy to extend courtesies to the fourth-grade class at Redeemer School and Forsyth County, the teacher is Mrs Brandon if you are here, if you would stand up and wave to everybody. Thank you. OK senate stands in recess till 4.30. [ BLANK ] The Senate will come to order. Members will return to their seat. Members and guests if we'll please silence all electronic devices.

Members pursuant to motion adopted earlier today, we have added three items to our list of things to do. The three items are senate bill 37, senate bill 519. Let me give you the title. Senate bill 37, waive tuition fallen officer was Guardian. Senate bill 519 amend the child custody laws and senate bill 561, funds for special education scholarship. Those three have been added to our list to go with two items that were carried forward. Senate bill 371, the LMEMCO claims reporting, and senate bill 676 autism health insurance coverage. Mr President. Senator Apodaca for what purpose do you rise? Let's go ahead and move 371 to the 7:30 calendar. Senate 371. Without objection so ordered. And the Clerk has reminded me to remind you that as bills come in they will be added to your dashboard, so, for those of you who didn't bring your computers, you might want to get someone to get one for you. We'll try to the help to the extend that you don't have access to that. Senator Pitt, for what purpose do you rise? Thank yo Mr. President. To send forward a conference committee report. send forth your report. Clerk will read House Report, House Bill 531 a bill to entitled to ask to authorize Wayne county in the city of [xx] to levy a room accuracy tax to authorize Moore county deliver an additional 3% local tax, to create a special taxing district made up of all areas of Harnett county exclusive of areas in this rural township into authorize a special tax in district committee to levy a 6% room occupancy tax and to make Changes to the Cumberland County Occupancy Tax and Prepare Food Tax. Calendar pursuant to rule ormotion adopted earlier today, record reflect that Senator Rucho on the telephone is back in the chamber. Senate Bill 37 Clerk will read. Senate Bill 37, Waive Tuition, Fall of Officer with Guardian. Who was handling that bill? Senator Smith.  Thank you Mr. President. This is just a change in the date if you recall, we passed this early in our session to provide for a waiver of tuition which is already in the law for custodial and legal guardian children of fallen of officers, firefighters or EMS personnel that were killed in the line of duty. We sent it to the house but unfortunately they didn't act on it and since we are into the Fall semester now date has been changed to make this applicable when it becomes law and applied to the spring semester, so we originaly date of like July 1 97, that's the only change. Further discussion or debate? Senator Apodaca, for what purpose do you rise? To speak on the motion. You have the floor. Thank you, Mr. President. Members, I wanted to thank Senator Smith and complement her on her hard work she really did a good job with this bill, I believe this may have been your first bill and she had a very bad partner on it and that's what happened to it in the house and I apologize, they don't know me over there that's why they pick on me but Senator Smith you did a good job and it is a good bill I recommend it to you. Further discussion or debate? Hearing none the question for the Senate is adoption of the motion to concur on a house committee substitute. Senate Bill 37 all in favor will vote aye, all oppose will vote no five seconds will be allowed for the voting the Clerk will record the vote. Apodaca, Barefoot aye and Senator Rucho disappeared. 45 having voted on

the affirmative Rucho through, senator [xx] I think that's an aye. Mr. President. Senator Smith Ingram what purpose do you rise? Yes aye. Smith Ingram aye. 47 having voted in the affirmative and none in the negative the motion is adopted and the bill will be enrolled and sent to the governor. Senate bill 519 the Clerk will read. Senate bill 519 I mean child custody laws. Senator Jackson is recognized to explain the motion. Thank you Mr. President members this bill I ask that you vote yes on the motion that concur we actually in the house they were able to put in some language working with some of the judges, and they put in language in there that we feel like strengthens this and makes it more uniform. Sadly it could probably have been better as far as more far reaching, but I think this is just a small step in trying to get it corrected to amend the child custody laws in the state, and I would ask that you to vote yes. I'll be glad to answer any questions should you have any. thank you. Further discussion or debate. Hearing none, the question for the Senate is the adoption of the motion to concur on the House committee substitute on Senate Bill 519. All in favor will vote aye. All opposed will vote no. Five seconds will be allowed for the voting. The Clerk will record the vote. Apodaca, aye Smith Ingram aye 47 having voted in the affirmative and none in the negative, the motion is adopted. and the bill will be enrolled and sent to the Governor. Senate Bill 561. The Clerk will read. Mr. President. Senator Apodaca, for what purpose do you rise? 561 needs to be reviewed a little more. I move that it be removed from today's calendar and be sent to the committee on Rules. No objection, so ordered. Are we ready to do 676? Senate bill 676, the clerk will read. Senate Bill 676 autism health insurance coverage.  Senator Apodaca is recognized. Senator Apodaca is Thank you Mr. President members well I think the day is finally upon us, we passed an autism bill out goodness what was it four five months ago, and Senator Smith I think they set it next yours over in the house, and let it stay there for the session, but they have brought it out. senator Ford I'll get down to you here, and let you know what they did. They really they clarified the language on mental health parity and how this relates to it without piecing the bill, and making us the unlimited amount of coverage on certain autism service, s and other mental health services. But this will allow up to 40, 000$ annually for the treatment of a child or a young adult with autism, and it is applied behavioral therapies. That this will pay for the many are the autism parts are already paid for by health insurance, but this will add the thrapies up to 40, 000 annually. We have increadible buy in from everyone I want to thank all the stateholder orders, because everybody worked hard for the last year and a half, to get this and it's my understanding now that everyone and all the autism organisations are in favor of this, so I think we're today going to make a large step forward to help folks, that had this, in their families and have insurance help them cover it so I will be happy to answer any question and the bill is almost identical to what we sent over to the house. Thank you. Further discussion or debate, senate Krawiec[sp?] for what purpose do you rise? To speak to that motion You have the floor Thank Mr. President, and thank you Senator Apodaca for never giving up on this bill, it has been a long time coming as it is. Autism families all over North Carolina are really excited today, I have talked with few of them today and they're actually listening in to the audio, they've been listening all day waiting for this bill to come up, so

it's a good day for them. Many of them have visitive with in my district that ABC schools it is a center in my district and I visit with those families many times and with those children I've seen the remarkable of a progress mavour children who has received the ABA therapy and now it is going to be available to more children and they will be able to grow up to be independent productive citizens of North Carolina, and it's a really great day and I ask that you concur, thank you Mr president. Further discussion or debate? Hearing none the question for the body is the adoption of the motion to concur in the committee substitute senate bill 676 all in favor will vote aye, all opposed will vote no five seconds be allowed for the voting clerk will record the vote 46 having voted in the affirmative and one in the negative the motion adopted and the bill with be enrolled and sent to the governor. Mr President. Senator Apodaca for what.. Quickly I had an order on this last bill we did on autism, I neglected to thank representative McGrady for his assistance in that in the house is always helpful to have someone one help you in a house and it was very awful thank you. House bill, conference report, house bill 531 Clerk will read. House bill 531 there is there is urbancy tax changes. Senator Pate is recognized. Thank you Mr. President the conferees have agreed to change the title of the bill to go back to the original title which was an act to authorize Wake county to levy a 1% room occupancy tax and it changes it to the point that the other counties I understand are coming along in another bill, but this one was time sensitive, and I would appreciate your support and voting for the concurrence report. Further discussion or debate on the motion to adopt conference report to house bill 531? Senator Hise for what purpose do you rise? See if Senator Pate will yield for a question. Senator Pate do you yield? I do. He yields. Senator Pate is this distribution of  this for Wayne county consistent with what we've done with others, with the funds going to advertiser travel and tourism? 100% of it will. Thank you. Further discussion or question or debate. Senator Tillman for what purpose do you rise? Mr. President maybe I should know this since I was on that conference committee, but I need to ask a question, Senator Pate. Senator Pate do you yield? I do. He yioeelds. Senator Pate you're a great gentleman I think a world of you but you've got your county as of term sensitive and man not what makes you as different from man? It's further East, North. Doctor Floyd Makinsky I want the truth. Follow up. Follow up. He yields. Thank you for the question of, this was a very complicated bill when we heard all of these counties in there together and this I believe is the best way for this various counties to operate and the house is going to try modernly to see to it that all of these counties meet the guidelines that house is set up for accuracy tax. Senator that's the worst lines I have ever heard thank you. But it worked hold on we haven't voted yet, senator Ford for what purpose to your rise? I see senator Pate would yield for a question. Senator Pate you yield? yes I do. Her yields. Senator Pate is this a tax increase? Probably not I think it's just a trade off for the people who want to come and stay in Wayne county, and their appreciation of the scenery that's there. F Further discussion or debate. Senator Mckissick for what purpose do you rise?, Speak on the conference report.

You have the floor. I just wanted to bring the body's attention this is a first superior bill from from a superior legislature, so you can put in prospective Senator Tillman. Senator Davis for what purpose do you rise? Thanks Mr. President to speak on the bill I have a motion. You have the floor. Seriously speaking there has been a lot of work that's gone into this and I do want to commend Senator Pate. Our county, the city, civil Seymour Johnson Air Force Base there's been a whole lot of effort they get us here today and I do understand, recognize that effort and ask for your support. Further discussion or debate? here then, question for the senate is the adoption of the conference report the house bill 531 all in favor of the motion to adopt will vote aye, all oppose will vote no five seconds to be allowed for the voting the Clerk will record the vote Senator Curtis aye, 38 having voted in the affirmative, and nine in the negative if the motion carries and the house will be so notified. senator Apodaca I believe that complete service that we have at this time Thank you Mr. President. Is there any business to come before the senate before we take a recess? I have an announcement. Senator Raven for what purpose do you rise? An announcement please sir. You have the floor. Thank you sir we will have a finance committee meeting in room 544, at 5:30 to discuss house bill 504. So reverse order that's 504 at 5:30 and 544 floor folks. I hope you all got that. Senator Brown for what purpose do you  arise? An announcement. You have the floor. Republicans will caucus during the recess. And Senator Apodaca for what purpose do you arise? Mr. President I think we had stimulating and hand driven 30 minutes, so I move we recess to 7.30. OK subject to the same stipulation we heard earlier in the day. I did yes I think we should, that would be a good. Motion is that the Senate stands in recess until 7.30 subject to same stipulations. that were stated by Senator Pate earlier in the day all in favor say aye, aye all opposed no the ayes have it and senate stands in recess. Senate will come to order. Sergeant at Arms close the doors and members will go to there sits senator Rucho do you have a Committee Report you'd like to sent forward. Yes Sir, Mr President. You can send that forward. Do we have a page out there? Grab that and bring it forward please. The clerk will read senator Rucho the finance committee submit the passage house bill 126 senate committee substitute number one mortgage regulations support registration favorable. Senate bill 504 committee substitute number one, more county occupancy tax favorable. House bill 126 and house bill 504 calendar. Senator Apodaca for what purpose do you rise? Motion Mr president Senator Apodaca you have the floor for the motion. Mr president out house bill 126 on the calendar for 11 pm please, without objection so ordered. Mr. President, senator Apodaca for what purpose do you rise? Mr. President since we've covered so many bills we need to take a resets and have an appropriations creations meeting by senator Brown desk I was getting fired senator thank you very much, Ooh I'm sorry Mr. President we were tired we head the downstairs to the rules meeting room. How long would you like to does senator, senator Brown, [xx] 30 minutes just to be sure we get the correct, [xx] a 30 minutes reassess we will

be back in here at 8.15, 8.15 senate sense reassess. Senate come to order sergeant at arms close the door as members go to their seats, remember the sounds on your electronic devices. Mr. President. Senator Harrington for what purpose do you rise? Submit a committee report out of order, you can send forward your committee report out of order, senators Senator Newton is back in  the chamber and Senator Bingham has an excused absence. Clerk will read. Senator Harrington, for appropriation best budget committee submit the passage house bill 259, favorable as amended with the long gost amendments general government technical corrections. House bill 259 calendar. Senator Apodaca for what purpose do you rise? A motion relative to the calendar. Senator Apodaca you have a few remarks. Thank you Mr. President, members senate bill 371, LMO, MCO clients reporting remove it from the July's calendar and place it on on Thursday, October first calendar please. Without objection so ordered. Mr. President, house bill 50 to do that excuse me house bill 126 Morgan origination to vote remove from tonight's calendar and put on the 11 P. M calendar please. Without objections so ordered. Senator Sanderson for what purpose do you rise? Mr. President, to send forth a conference report. You can send forward your report senator. Clerk will read. Conference report, house bill 924, a bill to be entitled an act to clarify when a enforcement officer is required to request the blood sample when charging the offence of misdemeanor death by vehicle. Clarify the law prohibiting use of red and blue lights, repeal certain mandatory reporting regarding pseudo amphetamine[sp?] products, clarify that subpoena  authority of the director if SBI provide subpoena perhaps for upset bids bit to releases of mineral deposit from the state land. Increase the cost amendment of work that can be performed by governmental force  account labor, House bill 924 a conference report calendar We have any other reports of committee to send forward? Move right into our calendar then local bill second reading will call. House Bill 504 clerk will read. House Bill 504 Moore county, Oakland City tax increase. Do we have any discussion, or debate? Hearing none a question for the senator as it passes the committee substitute the house bill 504 on a second reading all in favor vote aye aye oppose no, five seconds will be allowed for the voting the clerk will record the votes. 39 having voted in the affirmative and 7 in the negative committee substitute house bill 504 passes the second reading and it will remain on the calendar. Mr. President Senator [xx] for what purpose do you rise?

Can I change my vote in that last vote? Senator [xx] changes his vote on the last bill, final camp 38 to eight. House bill 924 the clerk will read. House bill 924 [xx] and safety of the changes. Senator Sanderson is recognized. Thank you Mr. President, ladies and gentlemen of the senate we passed this bill last week 43 to nothing, it's a good bill. There was one section at the very end of section six that dealt with false accounts for the state, and for municipalities there was some concern that one of those I think it was municipalities would have the benefit of these increased amounts that the state will not and that is the purpose of the conference support was to change that Mr. President Senator Tillman mine is to address this a little more since she was one of the primarily components of this sector six is there is any questions? Do we have any further discussions or debate? Hearing none question for the senate is the motion to adopt conference report for House Bill 924 all in favor said aye oppose will vote no five seconds will be allowed for the voting and the clerk will record the vote. Rucho aye, Pate aye 47 having voted on the affirmative and zero in the negative, senate does adopt the conference report for house bill 924 and the house will be notified Senator Brown could you approach the diaz for a second please. House bill 259 clerk will read. House bill 259 General Government Technical Correction. Senator Brown is recognized. Thank you Mr President this is an Annual Technical Corrections bill which means we're almost done I think if there's ever been a bill that's technical in clarifying is this one we just had an appropriations meeting went through it and that's pretty much what's it' technical in clarifying I'd try to answer any questions I think we've had a good debate early on preparations I think Senator Richo does have an amendment that changes a date and that's the only thing I'm aware of that we may need to take care of. So Mr. President if we could we need to address this amendment. Senator Richo please send forward your amendment Mr President it's just being printed up right this minute and it's very simple and there's question by a date by senator Tillman during the meeting and on page. Senator let's go ahead and get the amendment then will read it in and then we can explain it so let's just stand at ease for a moment while that amendment comes forward. Mr President. Senator Brown for what purpose you arise? I've just been informed by staff that there's another technical amendment we need to take care of I like to send it forth. Okay senator I think we are scanning that in and the clerk will read. Senator Brown moves to amend the bill. Senator Brown is recognized to explain the amendment. All this does is on page 21 line 38 it refers to a subdivision four whether it is no such thing as a subdivision four in this case. It should have been subdivision D, so make that correction. Do we have any discussion, or debate on amendment three? Hearing none the question before the senate is the adoption of amendment three all in favor vote aye opposed vote no. Five seconds be allowed for the voting, and the clerk will record the vote. Berger aye, Rabon, Senator Rabon aye. 47 having voted on the affirmative, and zero on the negative.

Amendment three is adopted. The bill has amended, and is back before the body, and we have the other amendment here the Clerk will read. Senator Rucho moves to amend bill. Senator Rucho is recognized to explain the amendment. Thank you Mr. President, members of the Senate. During the appropriation of Senator Tillman brought up a point that probably needs some clarification. So what would we're doing on page 21 line 11 by deleting the and substituting on or before February 1st 2016 the going forward and all it does is it gives a date for the department of revenue to have the guidelines published. Do we have any discussion or debate on amendment four? Hearing none the question before the senate is the adoption of amendment four all in favor vote aye, opposed vote no, Five seconds to be allowed for the voting and the clerk will record the vote. 47 having voted in the affirmative zero in the negative amendment for adopt the bill has amended before the body Do we have any further discussion or debate on the bill as amended? hearing none, the question for the Senate is the passage of House Bill 259 as amended on the second reading, all in favor vote I opposed will vote no. Five seconds will be allowed for the voting and the clerk will record the vote Raven Annette, Raven, Aye. 47 having voted in the affirmative and zero in the negative house bill 259 passes its second reading without objection will be read a third time. North Carolina [xx] do we have any further discussion or debate? Hearing none the [xx] senate has passed house bill 259 as third reading. All in favor will say aye, opposed no, the ayes have it, house bill 259 passes its third reading it will be sent to the house for concurrence Senate amendments one through four I think that's it until 11 PM senator. Mr. President we could let's make it 10:30, any bills scheduled to 11 let's move it to 10:30 and we'll also go out with our standard stipulations that we've been going out with everyday. Very good Mellisa, some courts of the stipulation and we will come back here at 10:30 senate stands in recess the senate will come to order, sergeant at arms close the door and members will go to their seats. Take this opportunity to silence your electronic devices. senators we are going to jump right in with the one thing that we know is on the calendar for now, House Bill 526 Clerk will read. House bill 526 Stanfield annexation Locust deannexation. Conference report for adoption who wants to speak on this? Senator McInis you have the floor. Thank you Mr. President ladies and gentlemen of the senate this is a bill that has been around the block here a couple of times and of course it accomplishes as the city of local says the small parcel of land that they want deannex and the city of Stanfield wants to accept it the street out of line and again very simple everybody is for it no opposition and I appreciate your support. Do we have any discussion or debate? Hearing none question before the senate is the motion to adopt the conference report for house bill 526 all in favor vote aye, opposed vote no.

Five seconds to be allowed for the voting the clerk will record the vote. Newton Aye Curtis aye, 47 having voted in the affirmative and 0 in the negative the senate adopts the conference report for house bill 526 and the house will be notified. Senator and that's all we've got on the calendar Senator Apodaca what would you like to do next would you like to sing? [xx] senate will come to order. All right senators we are going to stand at ease for a few minutes. Just thought I'd wake you up, senate will come to order, sergeant at arms close the door, members will go their seats members and all the guests in the galley, please silence your electronic devices Senators we're going to jump back into the calendar with public bills, Sir Senator Apodaca for what purpose do you arise? Mr. President I'm looking for Senator McKissick, he's going to handle the first bill. You want to move on to the? If we could let's going down to Senate Bill 670. Senate Bill 670, the clerk will read. Senate bill 670, term limits for board of governors members. Senator Apodaca is recognized. Thank you Mr President, members. This is probably pretty confusing when we look at it, so I'll try to get us through it, it's my bill we sent over about three or four months ago, and it's amended twice in the last two days. So let me just go over with you where we ended up. my bill simply stated that no one could serve on the board of governors for more than three four full year terms. partial term did not count, and that was to take affect in 2015. Well that has been changed in the house to 2017. Okay? So that is the first change. Then there was another amendment done in a very good amendment done in my opinion by Representative Green Martin, and that was adopted, you have a copy of that on the dashboard. That was adopted two days ago on second reading. When we got it back to third reading today they deleted most of that amendment, labs 13 through 19. So in essence what this amendment does is says the board shall use the following process whenever the board conduct say search, for the president of university North Carolina, and it goes down to lan 20 and it says, the board shall conduct a vote on the selection of the president and the candidate who shall receive the majority of the votes of the entire board in order to be elected president of the university of North Carolina system. That is what that amendment does. And the final amendment that was done today, brings in starting this from Representative Dollar, goes the line eight. The top part of that takes out the part of Representative Martins Amendment that that I didn't read. It's no longer in there. You can see that. And so this is elected president of the University of North Carolina A2 the board shall appoint an interim president. Subsection A1 of this section shall not apply to the appointment of an interim president under the statute. The interim president shall serve

until the board appoints president of the university on our system, using the procedures specified in sub section eight one, so all that means that it boils down to, the reality is that the board of governors will have to submit the names and it will have to have a majority vote of the whole board so out of 32 members it must have 17 votes and that is not in the bylaws of this time and I will be happy to answer any questions but I think it's okay, I think it was a lot better [xx] Amendment but it's not there anymore so I recommend it you I think it's a good start we've had quite an experience Getting to new President it seems to be real mess and it's the best way we've had had a few people trying to run the whole process, and not feeding in the information down to the board members, and we've been hearing from board members consistently, over the last week about how horrible this system is. So hopefully this will correct that and get us started in the right direction and I'll be happy to answer any questions.   Senator Apodaca as you concur. Do we have any discussion, or debate? Senator Bryant for what purpose you arise? To ask Senator Apodaca Senator Apodaca do you yield? Yes I do. He yields.  Yes ma'am    Senator I was trying to follow what you're saying and look at the amendment, and admittedly it's a little confusing, so just starting from your original bill,  when does this three term limit start. Is it 15th, 17th? Beginning with elections held on or after January 1st 2017 so it's 17. So it's 17th? Yes ma'am. Okay, so this is not a fake. Senator I would like to ask you. Follow up Follow up with Senator Apodaca do you yield?  Am tired of standing That's okay, no ma'm  it doesn't affect anyone currently on the board at this time, that when going out to 17, it would. Okay, thank you. Yes ma'am. Thank you Senator. Senator Robinson for what purpose do you rise? To ask Senator Apodaca a couple of questions. Senator Apodaca do you yield I do In terms, Senator Apodaca thank you. in terms of the selection of the president I'm looking at several amendments so I don't know which is correct, can you kind of go back through with that process, Yes ma'am we had to. Okay, Representative, dollars deals strictly with the interim president, so if we go to let's go to representative Martins that he sends forward and we drop down what was left of this senator is the original section forward all of the rest has been taken out and that is the board should conduct the vote on the selection of the president and the candidate who receive the majority votes of the entire board in order to be elected president of the University of North Carolina system. Okay follow up? Yes, so all of the others in terms of submitting three candidates extra extra has been deleted, am I correct, Well let me back up, let's go to section one Okay, At least three final candidates should be submitted to the full board from which the full board should make its selection for president but is not public. Okay thank you. Yes mom. Any further discussion again senator Apodaca you concur with the motion, no further debate. Any question senator's motion concur and the community substitute to send the bill 670, all in favor vote aye, those opposed vote no. Five seconds to be allowed for the voting and the court to record the vote. Jackson aye 47 having voted in the affirmative and zero in the senate concurs and the community substitute senate 670 it will be enrolled and sent to the governor. Senate Bill 694 clerk will read senate bill 690 for reagan rules enforcement pharmacy benefits manual. Senator Tillman for what purpose do you rise?

Mr. President to speak on the motion.   Senator Tillman you have the floor, some amount of changes have been made for the house and nothing significant I ask you to conquer on this important pieces of legislation. senate Tillman as you concur do we have any discussion, or debate? Senator Ford for what purpose do you rise? See if senator Tillman will yield for a question. Senator Tillman do you yield? I will depending on the question. Well I hope you know the answer. What is the minor change? A minor change is saying that the fine for violating the standard of making timely payments which you have seven days when price changes swing one way, or the other the PBM is supposed to make sure they comply. They've not been complying, and there's hundreds of thousands if not millions of dollars involved with all the drug prescriptions so this says that the fine will be $1, 000 per day it will be prescription for the drug rather than per prescription. It sounds like garbage, but it simply will lessen the burden a little bit, but still be a significant fine, and all we want is compliance with the law. So that's basically what's in the bill. We have a further discussion, or debate? again senator Tillman as you concur question before the senate is the motion concur in the house committee substitute senate bill 694 all in favor vote Aye, opposed vote no five seconds the bill is out for  the voting clerk will record the vote. Apodaca aye, Rabn [xx] aye, aye. Randell aye 47 having voted in the affirmative and zero in the negative the senate concurs and the house committee substitute senate bill 694 will be enrolled and sent to the governor. Senate bill 119 clerk will read. Senate bill 119 DSC technical corrections 2015. Senator Hartsell is recognized. Thank you Mr president I was having trouble standing up given the fact that it now appears 119 is very similar to what we might be seeing in about two months with green on triangle shaped with the some Christmas trees, I strongly suggest that we not conquer Senator urge that  we do not concur do we have any discussion or debate on the motion? Hearing none the question before the senate is the motion to concur in the house committee substitute to senate bill 119 all in favor vote aye, opposed vote no, five seconds to be allowed for the voting, the clerk will record the vote. Robinson No, Blue no, Ford no, 0 having voted in the affirmative and 47 in the negative the senate does not concur to house committee substitute senate bill 119 and the house will be notified. Senator Apodaca for what purpose do you rise? Mr. President we need to move 126 till tomorrow calendar please. Without objection so ordered and that wraps up our calendar for now. Mr President. Senator Pate for what purpose do you rise? I would like to make an announcement of the conference committee appointments. Senator Pate you have the floor. For Senate Bill 119 technical corrections, Senator Berger has appointed the following Senators to serve as conferees on Senate Bill 119 technical corrections co chair Raiben Obronzic co chair Hartsel Members Senator Jackson, Brent Jackson, Senator Kathy Harrington, SenatorHarry Brown, Senator Ralph Hise. Senator Berger is recognized for a motion it's right behind you Senator

Mr president we need to stand at ease for five minutes as we figure out what time we are coming back very good, Senator each five minutes senator disclosing it, motion, senate voted not concur on the house committee substitute to for senate bill 279, amend qualifications practice of counselling. Conferees were appointed the same day 20th 2015, I move to dismiss the conferees, and having voted with the majority not to concur on the bill, I also move to suspend senate rule 24, and to allow the motion to reconsider the concurrence vote on bill 279. Senator Apodaca having voted with the prevailing side moves to reconsider Senate bill 279, is that correct Senator? Yes, the concurrence vote. The concurrence vote without objection so ordered. All right, and I'm going to turn it over to senator Barefoot, and we'll put it up on the screen have we got it? One second senator. Okay, while they're getting that ready let me tell you what we're doing here it's not a big problem, we're going back to senator Barefoot's original bill doing away with the conference report, he'll explain what it was, this is so his bill doesn't get killed with what was done in the house. That's all this is. Senate bill 279 the clerk will read. Senate bill 279 the main qualification of counselling. Senator barefoot is recognized as to speak to the bill. Thank you Mr. President, the motion to concur before you represents some language that we send over to the house regarding improving the licensing practice for councillors in the state, the house did make some positive improvements to that part and basically the changes there puts the state on a path to having the highest certification for their license or requirements by 2022. The house also added to other provisions, one was a provision regarding the sex trafficking in North Carolina by teaching that on schools, the area used work with law enforcement outside to instruct on awareness prevention and referral protocol for sex trafficking. The second piece of the house added also expanded the field of professional and credential experts who can review and accept the material used for health curriculum to include experts in education, adolescence psychology, behavioral counseling, medicine, human anatomy, biology, ethics or health education and I ask that you vote to concur. Senator Barefoot asked to confer to Senator Tillman, for what purpose you rise? To ask Senator Barefoot a question. Senator Barefoot, do you yield? I know it's getting long late and I'm old, but tell me why we voted not to concur with well changes made that changed your mind, tell me what happened there. It's late and I'm old. There were some changes that we made particular to the licensing there was one change we made to the licencing section in the conference report there were some other changes made in to the conference report that the house was not able to adopt so we are reconsidering our thought on this motion. Do we have any further discussion or debate? Senator Ford for what purpose do you rise? To see if senator Barefoot will yield for a question. Senator Barefoot do you yield? Yes.

Senator section three of your bill. I don't recall this in the original bill tell us why we are instructing LEH to change what we're doing in the schools by way of reproductive health and getting into detail about teaching about sexual activity. What is the rational about that? Well this provision was held by the house Senator Ford and the best that I can tell is that the current statute only allowed for sexual health credentialed experts be apart of the approval process for the materials that are used in sex education. What the house decided to do was to open that up to include people were credentialed in the areas of adolescent psychology Behavioural Counselling, Medicine, Human Anatomy, Biology, Ethics and Health Education. Follow up. Senator [xx]. Yeah. So that's the change from what we are doing I don't have a seventh grader right now, that's the change from what we are currently doing in our public schools by way of sex education yeah. Follow up. Senate do you yield?  Yeah. He yields senator. I'm comfortable with somebody talking to my daughter about sex, other than me and my wife, and so I have a issue with this provision in the bill. I don't think there's a question there, Senator Barefoot, Senator Ford did you have a question with that? [xx] Senator Robinson for what purpose do you rise? Mr. President. Senator Berger for what purpose do you rise? Mr president it's two minutes to 12 we are apparently not going to finish this bill before midnight, we don't want to turn into pumpkins and I think the best thing for us to do at this point is to adjourn until after midnight. We can come back to this at that time. Very good Senator Berger you are recognized for that motion. Mr president I move that the senate do now adjourn subject to standard stipulation sent forth in senate rule 24.1 the ratification of bills the apoint of conferees receipts of conferees reports and receipt on house message to reconvene on Wednesday September 30th, 2015 at 12 10 AM. The motion is the senate do now adjourn subject to the stipulations stated by senator Berger to reconvene Wednesday 30 September 30th at 12:01 seconded by Senator Stein all in favor say aye, aye. Opposed no. The ayes have it senate stands adjourned.