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Senate | June 20, 2016 | Chamber | Senate Convenes

Full MP3 Audio File

[BLANK_AUDIO] Moving on the Public Bills, third reading roll call Senate Bill 770 corporeal. >> Senate Bill 770 North Carolina format for 2016. >> Do we have any discussion or debate? Senator Jackson for what purpose do you rise? >> Speak to the bill. >> Senator Jackson you have the floor to speak the bill. >> Thank you Mr. President. Members I'll be happy to answer any questions but this has been through several committees and we had it on the floor last Thursday and so if you have any questions I'll be glad to answer it. I still appreciate your support on this bill but I mainly rose up to thank Chris Sanders for all of his hard work on this bill, he's been a yeoman in the last three that we have done and again he proved himself again this time so I say thank you Chris and members I appreciate your support. Thank you. >> Do we have any discussion or debate [BLANK_AUDIO] Hearing none the question for the senate is the passage of committee substitute senate bill 770 on its third reading. All in favor will vote aye opposed will vote no, five seconds will be allowed for the voting. The clerk will record the vote. Davis aye, Lowe, senator Lowe. 44 having voted the affirmative and 3 in the negative, Committee Substitute Senate Bill 770 passes its third reading, the amendments will be engrossed be sent to the house. Moving on to none roll call second reading public bills Senate Bill 481, the clerk will read. >> Senate Bill 481, Fund smart businesses, publish Department of Revenue ruling. >> Senator Barringer is recognized to explain the bill. >> We are on Senate Bill 481 sir? >> Yes mam. >> Thank you Mr. chair. I rise today to talk to you or to ask for your support for the pace's act. This is a revolutionary, wonderful bill that is in stake holder bill that has support everywhere from the North Carolina chamber to the Justice Center. This bill will provide much needed opportunity for small businesses to raise capital. It will be particularly helpful to our rural communities that so much need that. Also part of the bill is a bill that will now require private letter rulings to be public so that we will know as tax payers, and as citizens of this state, what kind of arrangements are being made for tax payers when they inquire about ambiguities or other questions about tax law. At this point, Mr. President I would like to send forward an amendment please. >> Clerk will read. >> Senator Barringer moves to amend the bill >> Senator Barringer is recognized to explain the amendment. >> The purpose of this amendment is very simple, this bill is eligible to be sent to the house without the 10,000 appropriation and so I ask that it be removed and be matter for the appropriation chairs to deal with once it gets to the house. and I ask for your support please. >> Do we have any discussion or debate on the amendment? Hearing none the question before the senate is the adoption of amendment one all in favor vote aye opposed will vote n o five seconds five seconds to be allowed for the voting the clerk will record the vote. Mckissick aye, Davis aye, Lowe aye. 48 having voted in the affirmative and 0 in the negative amendment one is adopted the bill is back before the body do we have further discussion or debate? Senator Gunn for what purpose do you rise? >> To speak to the bill. >> Senator Gunn you have the floor to speak the bill. >> Thank you Mr president I wanna commend Senator Barringer for her hard work on this bill, I believe this bill is the first step in to what I hope is many approaches that we will look at moving forward to provide capital in areas that are so needed in our communities so I thank you once again. >> Any further discussion or debate? Senator McInnis for what purpose do you rise? >> Speak to the bill. >> You have the floor Senator. Mr. President in rural North Carolina, one of the greatest stone walls and blocks that we run into when entrepreneurs decide to take the plunge to start a business or to expand a small business, is the need for capital. If you can prove in rural North Carolina, that you don't need the money, for a loan, most of the times you can get one, but most of the time you're gonna be turned down and this is an excellent opportunity for us as a body today, to sat that rural North Carolina that we support you with modern technology and the ability to create capital and acquire capital to make things happen. And I certainly commit commend the bill to you.

[BLANK_AUDIO] >> Senator Clark, for what purpose do you rise? >> See if Senator Barringer would pass for a question. >> Senator Barringer do you yield? >> I do sir. >> Senator Barringer, this bill, how does it impact the bond rating and faith in crow in the State of North Carolina? >>In my experience I don't know if it does at all sir. Do you have a follow up? >> No i'm just asking if it does [LAUGH] It's borrowing money and I just wanted to ask and see if that was the case. I'd have a problem with it if it impacted the bond rating it would yeah absolutely. >> May I respond this question? >> You have the floor senator. >> This is not a loan or borrowing of money, this is an investment in a business sir. [BLANK_AUDIO] >> I'll sit down with that one, thank you lawyer. >> Do you have any discussions or debate on the bill as amended? Hearing none the question for the senate is the passage of committee substitute to senate bill 41 has amended on its second reading all in favor will vote aye, oppose will vote no, five seconds be allowed for the voting, the clerk will record the vote. Davis aye Woodard. >> Aye. >> Smith-Ingram. Smith-Ingram. >> Aye. >> 48 having voted in the affirmative and 0 in the negative. Committee Substitute Senate Bill 481 as amended passes its second reading, without objection will be read a third time. >> North Carolina [UNKNOWN] >> Do we have any discussion or debate? >> Mr. President. >> Senator Clark- >> I might object a third reading. >> I object, that's too late. >> We read third reading already senator. Do we have any further discussion or debate on third reading? Senator Clark your button is on, do you wanna speak to the third reading? that's okay. >> Any further discussion or debate? >> Hearing none the question before the senate is the passage of senate committee substitute senate 481 as amended on it's third reading all in favor will say aye. >> Aye. >> Opposed no. The ayes have the committee substitute 481 as amended passes it's third reading. Senator Apodaca for what purpose do you rise? >> Special messenger please. >> Amendment will be engrossed and it will be sent to the house via special message. House bill 1011 clerk will read. >> House bill 1011 retirement technical corrections act of 2016. >> Senator Wells is recognized to explain the bill. >> Thank you Mr president. Members house bill 1011 entered and made it though the house as technical corrections at the request of the Department of State Treasure it's gone through our pensions committee with the same and it remains only technical corrections. I ask for you support. >> Do we have any further discussion or debate? Hearing none the question before the senate is the passage of committee substitute to house bill 1011 on it's second reading all in favor will vote aye opposed who vote no. Five seconds to be allowed for the voting and the clerk will record the vote. >> Ford, aye. Davis, aye. Rucho, aye. >> [BLANK_AUDIO] Clark, aye. Smith Ingram, aye. Newton, Senator Newton. 47 having voted in the affirmative and zero in the negative. Committee Substitute to House Bill 1011 passes its second reading. Without objection will be read a third time. >> North Carolina General Assembly Enacts . >> Do we have any discussion or debate? Hearing none the question for the senate is the passage of Committee Substitute House Bill 1011 on its third reading. All in favor will say aye. >> Aye. >> Opposed no. They ayes have it. Committee Substitute to House Bill 1011 passes its third reading, it will be enrolled and sent to the governor. House Bill 1137, the clerk will read. >> House Bill 1137, Transfers 2016 Investment Admin changes. >> Senator Wells is recognized to explain the bill. >> Thank you Mr. President. House Bill 1137 Investment administrative changes started as more of an admin bill, but the house quickly turned it into an investment technical changes bill. It has no changes to investment allocations now. I ask for your support. >> Do we have any discussion or debate? Hearing none the question for the senate is the passage of Committee Substitute to House Bill 1137 on its second reading. All in favor will vote aye, opposed will vote no, five seconds to be allowed for the voting and the clerk will record the vote. Newton aye, senator Davis aye, Newton aye 48 having voted in the affirmative and zero in the negative.

Committee substitute House Bill 1137 passes its second reading without objection. will be read a third time. >> North Carolina general assembly enacts. >> Any discussion or debate? Hearing none. The question for the Senate is passage of the committee substitute House Bill 1137 on its third reading. All in favor say aye. >> Aye. opposed no. The ayes have it. Committee substitute to house bill 1137 passes its third reading. It'll be enrolled and sent to the governor. Moving on to public bills third reading. Senate bill 747 clerk will read. >> Senate bill 747, stayed/g on real property [INAUDIBLE]. >> Senator Gunn recognized to explain the bill. >> Thank you Mr. President. First I'd like to to send forth an amendment. >> You can send forth your amendment clerk will read. >> Senator Gunn moves to amend the bill. >> Senator Gunn is recognized to explain the amendment. >> Thank you Mr. President. When we started looking at what kind of measurements for our spate planning standards, where you realized that they're was probably a couple of other industries standards that we could use as we looked at our state properties and this would give just a little bit more flexibility for the department and I appreciate your support. >> Is there any discussion or debate on the amendment? Hearing none. Question for the Senate is the adoption of amendment one. All in favor vote aye. Opposed vote no. Five seconds to be allowed for the voting in the clerk will record the vote. >> Davis. Senator Davis. >> Aye. >> Woodard. Smith- >> Aye. >> Woodard. 47 having voted the affirmative and zero in the negative. Amendment one is adopted. The bill has amended is back for the body. Do we have any further discussion or debate? [BLANK_AUDIO] Hearing none. Question for the Senate is the passage of Senate Bill 747 as amended on its third reading? All in favor vote aye, oppose vote no. Five seconds to be allowed for the voting, clerk to record the vote. Davis, aye. McKissick, aye. Vandine, aye. Lowe, aye. Woodard. 47 having voted the affirmative and zero in the negative. Senate Bill 747 as amended has passed its third reading. The amendment will be engrossed, will be sent to the house. [BLANK_AUDIO] House Bill 763 for court reading. >> House Bill 763. Military operations protections act of 2016. >> Senator Brown is recognized to speak to the bill. >> Thank-you Mr. President. I think we had a pretty good debate on this bill, what day was that? Friday, I guess it was or Thursday night or Thursday some time whenever it was. I know I left it open for third reading and there's a few things that we need to take care of, I've got three amendments so I'd like to run the first amendment if I could. >> Do we know which one the first one is Senator [CROSSTALK] ? >> If you take one it will be Okay whichever. >> [LAUGH] The Clerk will read. >> Senator Brown moves to amend the bill. >> Senator Brown is recognized to explain the amendment. >> Which one comes Up? >> [BLANK_AUDIO] Okay, the first one this particular amendment here deals with the health impacts of noise and shadow flicker and what this will allow is for the Department of Health and Human Services to consult with faculty from the University of North Carolina School of Medicine or getting schools of global public health or experts in this area in making these decisions, that's what the amendment does. >> Do we have any discussion or debate on the amendment? Senator Bryant for what purpose do rise? >> To ask the amendment sponsor a question. >> Senator Brian do you yield for a question for question? >> I will try. >> Senator Brown, I regret I didn't ask this before but we were kinda lost as to what is going on. I really don't know what shadow flicker is, can you tell me what it is and how it would hurt me or somebody. >> Senator Bryant I'm not sure I can answer this but I will sure try my best and I know it deals with the blades ass they turn, the flicker that is generate from that. >> Any further discussion or debate on the amendment? Senator Robinson, for what purpose do you rise? >> To ask the bill amendment sponsor a question. >> Senator Brown do you yield? >> I yield. >> Senator Brown is there, the first time I've seen this of course, is there any evidence from other states or any research from other states there are possible health impacts or health hazards from windmills or whatever you said these other things,

shadow flickers or whatever? >> It's my understanding it has been a concern and that's why the department wanted University school of medicine and Gilliam School of Global public health to be part of this because they are the experts in this particular area. >> Okay, follow up Mr. Chair? >> Senator Brown do you yield for follow up? >> I do. >> Okay can you cite that for me? You said there is some evidence, can you cite from what other, what areas, [CROSSTALK] Senator Robinson I don't have that with me, I'm sorry. >> Thanks. >> Any further discussion or debate on the amendment? >> Mr. President. >> Senator Mckissick for what purpose do you rise? >> See if Senator Brown will yield for a question. >> Senator Brown do you yield? >> I will try. >> Okay, Senator Brown I was looking at the bill and it looks like on the page 4 subsection A1 previously determinations are being made by the Department of Health and Human Services after significant review of data that would be submitted. Are we now deleting the provision with the Department of Health and Human Services would do and conduct a review and make recommendations as to whether it was having an adverse impact on health and now giving it to this other departments that are withing the universities to make that decision. >> Senator McKissick, you could need to bear with me cuz I just got these amendments so I haven't had a chance to really put them in context with the bill itself. But what it does say is, amends a bill in page four runs 38 through 48 in this new language. >> That would be the provision I was referring to >> Right. >> So it leaves the existing substitute what you've been saying >> Yes, >> Thank you. >> Senator Lowe, for purpose is yours? >> To ask the amendment sponsor a question. >> Senator Brown do you yield? >> I will try. >> You just got it understand that. I don't know what you're talking about. Would you explain to me what it is? [BLANK_AUDIO] >> Honestly I think it's pretty plain, the bill says the department of health and Human Services may console faculty from University North Carolina School of Medicine, or Gilliam School Global Public health, who're experts of noise and shadow flicker or both, in this evaluation of the status. That's basically what the amendment does. >> A follow up. >> Senator Brown do you? >> I do. >> What is a shadow flicker? >> Again I think Senator Robinson asked that question earlier. [BLANK_AUDIO] Senator Lee for what purpose do you rise? >> Speak to the amendment. >> Senator lee you have the floor to speak to the amendment. >> Sir I'm not a medical expert but shadow flicker as the wind turbines are circulating it actually produces a flicker and if someone has epilepsy or other type of seizure disorders that shadow flicker cuz it's exceeding a certain number of times per second can induce those seizures. So this is a medical issue, a lot of times when we talk about wind turbines or really talking about noise and small other things but there are people out there that have issues they're sensitive to flickering lights and that's what shadow flicker is and I think it's appropriate that you consult with health experts as to those particular issues. >> Any further discussion or debate on the amendment? >> Hearing none the question before the senate is the adoption of amendment one all in favor vote aye opposed will vote no five seconds be allowed for the voting the clerk will record the vote. [BLANK_AUDIO] Senator Lowe no. >> Mr president. >> Senator Apodaca for what purpose do you rise? >> Move the bill be suspended staff may join on the floor. So ordered 44 having voted on the affirmative and 4 in the negative amendment is adopted the bill as amended is back before the body. Senator Brown would you like to send the next amendment? >> Yes please >> All right clerk will read. >> Senator Brown moves to amend the bill [BLANK_AUDIO] I'm waiting For [INAUDIBLE to see which one it is. >> Senator Brown when you're ready you have the floor to explain the amendment. >> [BLANK_AUDIO] All right, this this bill deals with cell towers in particular and before the bill was introduced [BLANK_AUDIO] it put in place where the way the wording was that they could be approved through the process. the bill changed it to where they could be died through the process, and what this amendment will do is change it to where they'll will

be eligible through the process. It was trying to find some common ground for the sale tower folks they are okay with this particular amendment and I'll try to answer any questions. >> We have any discussion or debate on amendment 2? Hearing none, the question before the senate is adoption of amendment 2, all in favor vote aye, all opposed vote no, 5 seconds will be allowed for the voting, the clerk will record the vote [BLANK_AUDIO] Davis aye. Blue, Senator Blue? No. 46 having voted in the affirmative and 2 in the negative, amendment 2 is adopted. The bill as amended is back before the body. Senator Brown, for what purpose do you rise? >> One more amendment Forward amendment 3, the clerk will read. >> Senator Brown moves to amend the bill. >>Senator Brown's recognized to explain the amendment. This amendment is purely technical and that's it, it's for staff to try and clean up the bill. >> Do we have any discussion or debate on amendment 3? Hearing none, the question before the senate is adoption of amendment 3, all in favor vote aye, all opposed vote no. Five seconds will be allowed for voting, the clerk will record the vote. [BLANK_AUDIO] 47 having voted in the affirmative and one in the negative, amendment 3 is adopted. The bill as amended is back before the body, do we have any further discussion or debate on the bill as amended? >> Senator Hartsell for what purpose do you rise? >> Send forth an amendment Mr. President. >> Senator Hartsell you can send forward your amendment. We can have a page bring that forward please [BLANK_AUDIO] [BLANK_AUDIO] The clerk will read. >> Senator Hartsell moves to amend the bill. >> Senator Hartsell is recognized to explain the amendment. >> Thank you Mr. President, members of the senate the essence of this amendment is to grandfather existing situations such as we have Terrell County, in Pasquotank and otherwise to be certain that under those circumstances where they have applied for an interconnection permit where these are the entities that they could interconnect with these are Duke or PJC that they may proceed. The problem that exists is that the permit they have all applied to the feds/g they have not been permitted to apply to the state to date simply because states says we Got to have the permit approved by the feds to begin our analysis, but the interconnection here is is just how it gets on the grid, and that's an objective thing that takes place at a particular point in time. If anyone were to apply after the effective date of the bill for the interconnection permit, it would not apply to them. But it would grandfather the existing entities and I would commend it to you. >> Senator Brown, for what purpose do you rise? >> Speak to the amendment. >> Senator Brown you have the floor to speak to the amendment. >> As many of you remember in the Bill I talked about, there was a grandfather clause and it dealt with the [UNKNOWN] piece that would be grandfathered in but Senator Hartsell's amendment, I don't think anybody knows how many we're talking about that might be grandfathered in based on a federal permit that the state of North Carolina knows absolutely nothing about. I mentioned, before on the floor that most of the [UNKNOWN] folks, knew about this map as it was being developed, and had an opportunity I think to understand where there was an opportunities to put some wind energy in place. They tried to circumvent this, Map in my personal opinion and I wish I could grandfather every one in but you saw the map, you can pull the map up and take a look at it again as it deals with the training with the basis of North Carolina. Again, second largest industry in this state and I told about the importance of training, or those bases aren't viable and I told you about how important it is because in the next bright/g process, [UNKNOWN] and Seymour Johnson in particular are in a precarious position to where they will be scrutinized whether they'll be viable or not. Again, I tried to grandfather the first one in, this one I have no clue how many will be grandfathered in, and I just cannot support this amendment. So I ask that you vote against the amendment.

>> Senator tillman, for what purpose do you rise? >> To ask Senator Hartsell a question. >> Senator Hartsell do you yield? >> I do. >> Senator, these pre-existing already agreed upon federal covenants, agreements, whatever you wanna call it, Senator Brown says he doesn't know how many the are. Would that be something that we could find and if we find it, that there are agreements, cuz I know [INAUDIBLE] county we know about that and I believe he may have grandfather that man senator Brown. I think you did say that. Senator Hartsell number one, can we find out the number we were talking about, and number two if we granted those grandfather situations into the bill are there prohibitive situations that may cause to jeopardize the flight patterns of the training of pilots? >> Not that I'm aware of and there is a way to determine the exact number because what the condition it applies here is those who have actually requested this interconnection from this with either A the [INAUDIBLE] commission that would probably be for Duke energy progress or B the yellow entity that's out there and they are sorting other standards for it. That's on the North Eastern part of the state. So [INAUDIBLE] in fact is it really wouldn't affect them immensely because under the maps that I was saying they're all white so they're permitted anyway. >> Thank you Senator Hudson. Speak on the amendment. >> Senator Tillman here you have the floor to speak on the amendment. >> Senator Brown I love what you're doing with your bill. I think it's something necessary to protect the safety of our pilots in our training programs and to making sure that we're viable and will continue our [UNKNOWN] status. But Senator [UNKNOWN] I also see where you're going. I hate for people who already have federal approval for these projects to be undone. There is certainly been some investments made and some other plans that had been made i don't like objecting to third reading but this is not third reading since it is I'll vote for your amendment just because I don't know the answer. Senator Smith Ingram for what purpose do you rise? >> Thank you Mr. President, to see if Senator Brown will yield to a question. >> Senator Brown do you yield to a question? Senator Brown do you yield to a question from Smith Ingram? >> I do. I'm sorry. >> Senator Brown do you have a definitive answer from staff as to whether or not the procurement's project is grandfathered in this bill? As I read it and as I understand it none of the projects neither [UNKNOWN] are grandfathered by this language on page six 23 through 25. [BLANK_AUDIO] Senator Smith-Ingram, it was my understanding that the procurement's was grandfathered in, I don't mind double checking and if they are not I'd be glad to tun something to make sure they are, okay? >> Okay Mr. President, speak to the amendment. Senator Smith-Ingram you have the floor to speak to the amendment. >> Our current process by DEQ does not allow a parallel path for permitting and the projects in Tyrell and Chowan County, actually the one in Chowan is related to the one in Perquimans is just an expansion of that project, so it will stand to reason since we are not very sure about this and our state permitting process does not allow the parallel permitting this two projects have gotten a level of approval base commands they work with Seymour Johnson as well as [UNKNOWN] so it will seem the procurement is grandfathered these are grandfathered hey are either all together or not. So can we make sure we have a definitive answer from staff the sooner the better hopefully while we are debating this amendment. >> Mr president can I respond? >> I don't think that was a question I think that was just a comment senator so I think you already did respond earlier to that. Senator Davis for what purpose do you rise? Okay anybody else? Any further discussion or debate on the amendment? Hearing none the question before the senate is the adoption of amendment four, all in in favor vote aye opposed will vote no five seconds be allowed for the voting the clerk will record the vote. [BLANK_AUDIO] >> Ruccho, no. >> 21 having voted in the affirmative and 27 in the negative.

>> Mr. President. >> Yes, Senator. >> I need to change my vote, thank you. >> Okay, Helen/g can change her vote from yes to no, 20 having voted in the affirmative and 28 in the negative, Amendment 4 fails and the bill as amended is back before the body. Do we have any further discussion or debate on the bill as amended? Senator Hudson, for what purpose do you rise? >> To speak very briefly on the bill. >> Senator Hudson you have the floor to speak to the bill. >> Thank you Mr. President, members of the senate, I actually had another amendment, but I don't really like it because I don't know that it does what it was accomplished to do, attempted to do. And that has to do with the map itself, as some of you know, and this is my real concern even with the grandfathering provision. Especially, as it relates to Tyrrell County Project. About 10 days ago, the Supreme court f North Carolina adopted an opinion relating to the map Act, the language in that opinion, his final conclusions executed by Justice, [INAUDIBLE] said by recording the [UNKNOWN] maps here which restricted plaintiffs rights to improve development and subdivide their property for an indefinite period of time in DOT effectuated a taking of fundamental property rights. Air rights over the property are as fundamental as anything else. And in this case what we're doing is we're adopting a map by reference which actually doesn't have defined boundaries when including it on the extraordinarily wide areas and that's understandable and please don't, mistake me when I say that I think it's important for our pallets and others and have the training and have that available, but right now what happens is there is a negotiation between property owners whether it be the state or otherwise and the military to acquire those rights, The ability to fly over to do whatever, it has nothing to do with the issue associated, well not directly with the wind power or otherwise. An individual has a right to the center of the earth and to the highest part of the skies if they own the property, this will know where it is. If we limit that and we're talking about an immense area it seems we have a potential or a very dramatic fiscal impact upon the state because it's not the FEDs who are taking this but it's the state of North Carolina by virtual of the maps. We've all learnt that two weeks ago in the decision on the map act and [INAUDIBLE AUDIO] I will say that my actually some member of my law firm were defending the map act in that case actually talk to them about it. I don't know much about what their defense is obviously the supreme court North Carolina went the other way. But there's a very significant potential impact. It's important for us to preserve it, but if we take it by the filling of the map we have a serious problem and a very serious financial one. I think we ought to train but there's a way to address this and I don't wanna get rid of the maps, but I think at least at my [INAUDIBLE] I'm not gonna run them what I saw happened with the last one. But I think we are treading on dangerous ground because we truly are interfering with private property rights and I would for that reason I'm not not comfortable voting for the bill. >> Senator Davis for what purpose do you rise? >> Thanks Mr president members I wanna start by saying. >> You may speak n the bill. >> Yeah speak on the bill. >> Thank you senator you have the floor. >> Mr president members I wanna first thank senator Brown for reaching out, and he had different concerns as I shared earlier I definitely have interest of suspending military operation for [INAUDIBLE] and the same time trying to do it in a balanced way. So in collaborating with various stakeholders talking to the departments of the MVA as well as DHHS. I just have a few amendments I would like to bring forward and I can share that to my knowledge their is no opposition towards this amendments but I would like to. At this time sent forth in amendment first amendment. >> You can send that forward senator. [BLANK_AUDIO]

Clerk will read. >> Senator D Davis moves to amend the bill. >> Senator Davis is recognized to explain the amendment. >> Thanks members what this amendment would simply do is really more of clarification if you read the section the bill is not totally clear even though the intent is for the DMVA, the commission to consult, collaborate with each other. Come up with potentially an update, and then bring it back to the general assembly. Essentially what this amendment would do, is clarify that process, that in essence is a proposed Update to the map, that they're collaborating on, that may come as a result of the collaboration. That within those updates will go to ERC and then come essentially to the general assembly for final authorization. Again the intent as I understand the bill is to have this effect so they would really, this amendment will have more effect of dis-clarifying language and I ask fir your support. >> Do we have any discussion or debate on amendment 5? Senator Brown, for what purpose do you rise? >> Just real quick, Senator Davis has talked to me about, he actually has five amendments, and they're friendly amendments, and I would support all five. This is one. >> Any discussion or debate on amendment 5? Hearing none, requesting for the senators adoption of amendment 5. All in favor of it, aye. For those who vote no, five seconds will be allowed for the voting. Clerk will record the vote. Apodaca aye. Jerry aye, Barringer aye. 48 having voted the affirmative and 0 in the negative. Amendment 5 is adopted, the bill as amended is back before the body. Senator Davis is recognized. >> I recognize to send forth the amendment. >> You can send it forward, we have it, the clerk will read. [BLANK_AUDIO] Senator D.Davis moves to amend the bill. >> Senator Davis is recognized to explain the amendment. >> What this will do obviously as there's been concerns even here regarding the bill which simply set forth a process to allow for public comment as a proposed update to matter comes forward and also will bring forth some mechanisms of transparency in which information is updated on the website, and I would emphasize, um and it's embedded in this amendment, that there would be no information posted on the website That would jeopardize our national security. I ask for your support. >> Do we have any discussion or debate on amendment 6? Senator Hayes for what purpose do you rise? >> See if senator Davis will yield to a question. >> Senator Davis do you yield? >> I do. >> Thank you Senator Davis. Looking at this quickly at this amendment and others as these proposed maps are coming out will we be suspending the issuance of when permits as soon as that comes out so that in this time period while waiting on the general assembly or going through this public hearing process that a lot of individuals couldn't rush in to get approval and get grandfathered once they've seen what the maps are? >> I would respond to that the way the Bill was originally written, it was intended for it to come back to the general assembly for the approval and at that point it would become effective. But again these amendments and especially the first one is only clarifying the process that was outlining the bill Bill so that we can understand for certain that that is indeed what it does. >> Just follow up. >> Senator Davis do you yield for a follow up? >> I do. >> Just to be clear, so this entire period while we put them out for public comment with having the public hearings and until the general assembly comes back into session and takes action to replace to replace the maps, the ability for individuals to open new permits in those areas would remain? >> That is correct. [BLANK_AUDIO] >> Any further discussion or debate on amendment 6? Hearing none, the question before the senate is the adoption of amendment 6. All in favor will vote aye, opposed vote No, five seconds be allowed for voting, clerk will record the vote. >> Apodaca Aye, Tucker, 48 having voted in the affirmative and 0 in the negative. Amendment 6 has adopted the bill as amendment for the body senator Davis is recognized. >> Senator To send forth an amendment. [BLANK_AUDIO] >> Clerk will read. >> Senator D. Davis moves to amend the bill. >> Senator D. Davis is recognized to explain amendment seven. >> Mr. President, members, the way this is actually, the bill is currently drafted, it defines Permit decision that language is used for both the DMVA as well as the DEQ,

it could create some confusion for example, there's an ideal scenario which the DMVA could actually, Issue an approval then it goes over to DEQ and is denied, well the person can come right back and say, well the permit decision is approval so essentially what this is doing is clarifying that actually what DMVA is doing is making an encroachment determination. Once they make the encroachment determination and functionally this is not changed the Bill, they would then send that form to DEQ, and DEQ would make the final recommendation on the permit. I do ask for your support. >> Do we have any discussion or debate on the amendments, seven? Hearing none, requesting for the senators amendment 7. All in favor vote aye, for those who vote no, five seconds will be allowed for the voting. Clerk will record the vote. Tillman I, Rucho I [BLANK_AUDIO] 48 having voted in the affirmative zero and negative amendment 7 is adopted. The bill as is back before the body. Senator Davis is recognized. >> We have another amendment here. >> Clerk will read. >> Senator D Davis moves to amend the bill. >> Senator Davis is recognized to explain amendment eight. >> Thanks Mr. president and members. What this amendment would do. is established that after 60 days, DMVA would have then have to send forth their recommendation 60 days after they receive the application. As currently drafted, it goes on to say if DMVA falls, to actually do anything within that 60 days, then it is deemed denied. The issue with that becomes, there's a scenario which really in application could be denied, and it has no issues whatsoever with the encroachment. So it's denied and there's no encroachment, but again what this will simply do is remove that language it would authorize them or mandate them to actually send forth the right recommendation within 60 days period. I do ask for your support. >> Do we have any discussion or debate on the amendment 8? Hearing none the question before the senate is the adoption of amendment eight. All in favor vote aye opposed will vote no five seconds be allowed for the voting, the clerk will record the vote. Wodward aye, Tillman aye, Rucho. 47 having voted in the affirmative and 0 in the negative amendment 8 is adopted the bill as amended is back before the body. Senator Rucho aye 48 to 0 on the amendment. The bill as amended is back before the body. Senator Davis is recognized. >> Send forth the final amendment. >> The clerk will read. >> Senator D. Davis, move to amend the bill. Senator David is recognized to explain amendment 9. >>Mr. President, members, I wanna clarify this. This is indeed a perfecting amendment to amendment 1 that came before us today. Now essentially what this would do, is we have established a 60-day standard for DMVA. There's actually no requirement whatsoever for DHHS. So what this would do is essentially bring forth the same 60 change 60-day requirement from the time that they received the application to send forth the right recommendation. Again what it alleviates is the possibility that DHHS could just do nothing and totally kill an application. I do ask you for your support. >> Do we have any every discussion or debate on amendment 9. Hearing none, request before the senate is the adoption of amendment 9. For all in favor vote aye. For those who vote no, 5 seconds will be allowed for the voting. Clerk will record the vote. Newton aye, Tillman aye, Jackson aye [BLANK_AUDIO] 47 having voted in the affirmative and one in the negative Amendment nine is adopted. The bill as amended is back before the body. Do we have any further discussion or debate on the bill as debated? Senator Brown, for [INAUDIBLE] >> To debate the bill. Senator Brown you have the floor. As many of you know, this is not an easy and simple bill. It's a complex bill. And there's been a lot of work put into this Bill and a lot of work put into this maps trying to determine what we need to do to protect our military and protect these bases in North Carolina.

I appreciate Senator's Hudson's argument but basically what Senator Hudson's argument in my opinion would be is that any time, that passes any kind of zoning or rule would put someone in a position to be able to argue the fact the he argued. The map Act I think is totally different than what we're dealing with here. In the Map Act basically what happened is we made that property worthless, according to what transportation pretty much laid out what those folks could do with their property. That's not the case here. This property can be used for many many other ways and so I think it's a totally different issue. Again if you live in Eastern North Carolina and understand what the military means to Eastern North Carolina. That's why this bill is so important and again I cant tell you enough how much pressure is being put on these facilities that are in danger of a possible closure. Anything that we can do to protect then I think is Important. One example the Senator Sunderson's district is at cheery point. The depot their employees about 4500 I think it is civilian to work on that aircraft, it's the largest employer in that part of the state, and if that base closes those jobs leave and they go somewhere else. And again I just cant stress that enough. And those jobs average about $75000 are employed good paying job. This is a key piece of legislation to protect our base and I would appreciate your support. >> Do we have any further discussion or debate. >> Senator Pate for what purpose do you rise? >> Speaking on the bill. >> Senator you have the floor to speak to the bill. >> I would like to thank Senator Brown and all of his people for working on this it is as he mentioned critically important to our state to our national defense. And to the people who work at this bases and the eastern part of the state and derive some financial benefit from the basses being there. We cannot afford to have them live because of something that impedes their way of training and flying at low level, the way they need to do so and so I certainly commend him and commend the bill to you. Any Further discussion by senator Smith-Ingram for what purpose do you rise? >> thank you Mr. president to send forward like an amendment. >> Senator Smith-Ingram you can send forward your amendment. [BLANK_AUDIO] Clerk will read. >> Senator Smith Ingram moves to amend the bill. >> Senator Smith Ingram is recognized to explain amendment ten >> The amendment seeks to bring the usage of the maps, commiserate with the maps design. We have the maps placed before us on the dashboard on Thursday. The map has a disclaimer that reads as such in this fine print so please forgive me for reading this to you. These maps, data, GIFs and so forth do not in any applicable way allow the use for determining placement of tall structures such as wind turbines in or around the MOA, the MTRs and associated special use airspace. And the map is an effort under the contract for services being provided to the North Carolina MAC are separate and apart from what is being conducted or for the joint land use study for Seymour Johnson air force base including their county range and associated special use airspace, military training routes and military operating areas. The use of the maps for this bill are inconsistent with the way the maps were designed, we have the North Carolina North Eastern joint land use study commission who prepared these reports, commissioned the maps and we're using them inconsistently. So since we're using the maps inconsistently let's at least be consistent with the legend of the map. The colored areas need not all be excluded,

the areas of greatest concern and what will be impact are the red and orange zones. So the amendment seeks to just exclude the green zone, the green zone was the just the starting point of 1000', it has no relevance with encroachment and causing a threat to our military operations. I ask that you support the amendment because at least if we're gonna use an inconsistent map, let us be consistent with the design and the legend and the purpose of the map. >> Senator Brown, for what purpose do you rise? >> Speak to the amendment. >> Senator Brown you have the floor to speak to the amendment. >> What Senator Smith Ingram read t you basically was a disclosure by matrix group who put this map together. That's basically what she read, which I guess most people put disclosures on about anything. Again, this map was not put together in a week or a month or even a year. This map has been in work for quite a while. And the way that this map was put together was matrix went to all the bases in North Carolina, asked those commanders about their training operations, and their air space that are involved in those operations and they put this map together. >> Mr President? >>Senator What purpose do you rise? >> Ask Senator Brown a question. >> Senator Brown do you yield. >> I do. >> Thank you senator Brown. Would you mind if we asked the president to put this map back on display on our computers the way we had it the other day if it's still around? That would be great if we could while I continue to this and what you are seeing is the finished product. I showed you the other day the whole booklet of maps that were used to put together this final map, and basically what that booklet contains was all the facilities in North Carolina there airspace that were used for training and then later laid it all out together that's basically how it was put together. So these maps were pretty damn accurate and its for the benefit of training today so I would ask you to vote against the amendment. >> Do we have any further discussion or debate on the amendment? Senator Woodward for what purpose do you rise? >> Mr president I'm sorry I'm trying to keep this going and I appreciate senator Pate asking for us to have the map again. Could ask senator Smith Ingram if she explain her amendment again. >> Senator Smith. >> With the map in front of us now? >> Absolutely I take that as a question senator Smith do you yield for that? >> I yield for a question yes I do. >> Thank you senator. >> I agree with senator Brown there was a lot of work that went into the use of this maps as the maps are indicated and shown and by the explanation of the study committee, and matrix who drew the maps the regions that should be prohibited are in red and orange. The white is okay, the green is okay, the yellow maybe may require some collaboration but the only areas of impact are those that are in the red and the orange, so the amendment seeks to bring clarification to that the application of the maps with the language of the proposed bill. >> Any further discussion or debate on amendment 10? Hearing none the question before the Senate is the adoption of amendment 10, all in favor vote aye, opposed no, five seconds will be allowed for the voting. The clerk will record the vote. [BLANK_AUDIO] Newton no. Lowe aye. 18 having voted in the affirmative, and 30 in the negative, amendment 10 fails. The bill as amended is back before the body. We have any further discussion or debate? Senator Sanderson, for what purpose do you rise? >> Debate the bill very briefly. >> Senator Sanderson you have the floor to debate the bill. >> You know we've heard a lot of pros and cons about this bill this afternoon and over the last few days and I think most of us agree in here that ultimately this is probably gonna be decided in a court of law somewhere and having said that I know that most of things that we do here if not all of the things that we do here are based on the priorities that we put on certain pieces of legislation. I think that this is one of the most important pieces of legislation for not only Eastern North Carolina but for the citizens of this state, that we'll probably vote on this whole session. I also want to join Senator Pate in, I wanna commend Senator Brown and the stuff and all of the stakeholders who have spent many,

many hours in crafting this legislation and believe me is [INAUDIBLE_AUDIO] legislation, I am not sure that any other State has gone to the length that North Carolina is willing to go to protect the military presence in their states. And I can tell you right now that our community as far as the military is concerned that is reactive, is going to end up losing their military presence Our community which is proactive is going to end up not only probably keeping their current level of military presence, but has a great potential for growing their military presence. We've heard about the possible physical impact of going down this road while I can tell you beyond any uncertainty what the physical impact is going to be if we don't, try to do everything we can to maintain our military in Eastern North Carolina. You can look and just kinda estimate what a category three or four hurricane would do to my district part of [INAUDIBLE_AUDIO] Cleveland and [INAUDIBLE_AUDIO] counties but that's short term, if we lose this military base its going to look a lot whole worse than category three or four hurricane and is going to be forever, I just ask you you to consider what we're doing here. You cannot take a third of your largest economic driver in this state of North Carolina, and throw it under the bus, and it not affect every single citizen in this state. So I just implore you to think about what you're doing here I ask you for the people of Eastern North Carolina to consider their livelihood. When senator Brown talked about 4600 jobs those are 4600 high paid jobs in Eastern North Carolina that cannot be replaced with any industry that I know of. So I ask you to just take all of that in consideration and make sure that your priorities are in the right order. >> Senator Apodaca for what purpose do you rise. >> Speak on the bill. >> Senator Apodaca you have the floor to speak on the bill. >> Thank you Mr president members I was struck during the debate about the possibility of taking property and it reminded is something that I think with would fit here. Seven or eight years ago those of you senator Tillman, Senator Brown when you were here we had a battle in the little city of Hendersonville North Carolina my home town. Our buildings there were 60 foot tall that was the maximum amount allowed the build to build while a group of developers from some states, it looks like Peninsula, came here and wanted to build a 92 foot structure. And it became quite a heated debate. Lot of [INAUDIBLE _AUDIO]went home with that. Anyway we've passed a bill here in the general assembly we allowed to other folks in Hendersonville to decide what size buildings they would like there, and they voted down the 90th building. And never once in that discussion did I hear anybody talking about reimbursing someone for taking of those air rights. And I'm also reminded of what we saw here in Raleigh within the last few months. Quite a battle going on, they set limits on the height of their buildings. Now, I'm sure there will be litigation but I can tell you in Hendersonville County, we 're glad to have 60" buildings. And we believe that extra 30" of airspace belongs to God. Thank you. >> Any further discussion debate on the bill, senator Smith Ingram for what purpose do you rise? >> Yes, Mr. President to see if Senator Brown would yield to a quick question >> Senator Brown do you yield? >> Yes. >> Senator Brown, would you be willing to make the maps public immediately so we can look at all the maps and not just the one.? >> Those maps are public the Department of Military and Veteran Affairs have those maps and they're public so I think anybody that wants to copy these maps can get them. >> Okay, thank you. >> Any further discussion or debate. Senator McKissick For what purpose do you rise? >> See if Senator Brown will yield for a question. >> Senator Brown do you yield? I do. >> Senator Brown, I just wanna make certain the bill the way it would function operate. When it comes to these win facilities they could not be built within the corridor orders which we would be approving tonight and they would typically [INAUDIBLE] to about 600 feet in height is that correct? >> Senator McKissick they can still apply for a permit in those areas but what the purpose of the map was and the discussion that has gone on with the wind industry for several years is if we could

develop a map at least it would show you where we know it's okay to put a wind farm and where there's some encroachment as far as military training goes, that's the purpose of the map. North Carolina is the first state that I'm aware of that has come out with a map in order to show people where areas are okay and where they're not okay and so the map I think it's a great thing and puts certainty into decision making and again you go through the process but it just makes the process a lot easier if you're in the right place because you'll notice if you're not. >> Follow up Mr. President. >> Senator Brown do you yield for a follow up? >> I do. >> So once one goes to the permitting process it either could be approved or it could be declined, now when it comes to other tall buildings it appears that there's a provision here within the bill which would allow tall buildings to be build upwards to 200 feet as a read the bill. >> That's right. >> Which could be about three or four times bigger, higher than these windmills but would they need still need to go through the same process and procedure to be permitted? >> Anything over 200 feet they would. >> Follow up Mr. President. >> Senator Brown do you yield? >> I do. >> So if a building was 200 feet or below, they could build it as a matter of right without having to get permitted. Is that a correct understanding? >> I'm sure they would still have to go through the local permit like they always do, but yes. >> Point of clarification Mr President. >> Senator. >> If that's simply this, when you say the permitting process, you're talking about local permitting or the permitting that would be additional and required under this Bill? >> Senator. >> Distinguish the two. >> Mr President if it's under 200 feet, then it would be a local, issue. >> One final clarification Mr President. >> Senator Brown, do you yield?. >> I do. >> So I guess I wanna make sure I understand, I can ho out if I'm building a building or building any other structure, I only have to comply with local zoning, but if I wanna be in a wind generating facility, I have to go through the additional regulatory steps that would be required? Is that what you're telling me? >> Let me be sure, okay? [BLANK AUDIO] I was correct, I wanted to be sure. If you were then, five miles of the military installation, and the building is over 200 feet, you would have to go through this permitting process. If it's not within five miles and you would not on wind it's anything over, [BLANK AUDIO] Same for wind but there are two different permits. The building are a different permit than the wind energy permit. So you would have to go through a different process. >> Okay last follow up. >> Senator Brown do you yield for follow up. >> There is a 199 feet on less than 200, do I have to go out their other and it's withing the five mile radius. It sounds like I can go ahead and build it, but I guess I have to get sign-off from the state. Is that correct? >> That is my understanding but again their are two different process. >> Okay and I guess I'm trying to understand the different between- >> Senator Mckissck do you have another question or do you wanna- >> Yes I guess it is. >> Senator Brown do you yield to follow up? >> I do >> I'm trying to understand the difference in standards based upon the type of obstruction that it is. It would seem like a building that's a 199 feet would be a more challenging structure to navigate across if I'm an aeroplane, then a wind facility that might be one third of that height.

So what we would not have similar comparable standards for both. >> Senator Mckissick if someone wanted to build a turbine, wind turbine in middle of Riley, do you think he should have a different permitting process than a building? >> Is that a question? >> That is a question, that's answering your question I guess. >> I guess what I would try to have, if the goal would be to have a clear, flight path, then I would be more concerned about the height of the structure and I would be equally rigorous with the structure that was 199 feet as I would one that was 600 feet, So I would try to have a standard relatively more [UNKNOWN] >> Mr President. >> Senator Tillman for what purpose do you rise? >> Point of order [COUGH] >> Senator Tillman you have the floor. >> Canon now you distinguish for us what the difference between a speech is and a question. I heard a speech the last time with no questions. >> I think there's a lot of banter back and forth there senator I'll let it stand. Do we have any further discussion or debate on the bill as amended? Senator Van Dyne for what purpose do you rise? >> I'm sorry but I would like to ask senator Brown a question. >> Senator Brown do you yield? >> I'm gonna try one more time. >> I'm sorry I'm really trying to understand this, did I understand you to say that anywhere the map is colored [BLANK_AUDIO]. I thought you said. I'm so confused. That you have to get a permit to build there or we are prohibiting wind turbines from being Built there. >> Senator Van Dyne what it's saying, what the math is saying, is the areas in white are cuz there's no training patterns in those particular areas, the areas that have incurr there are training going on. You can apply for a permit anywhere but What the map does is it makes it clear where the likelihood of getting that permit is at. >> Okay, so you're saying, all right so you're saying- >> Senator Brown do you yield for a follow up? >> Yes. >> Thank you, I apologize. So anywhere the map is colored you will not be allowed to get a permit for a wind turbine? Senator Van Dyne I can not determine that, what I can tell you is that it will be more difficult probably to get a permit because those areas are being laid out as areas for training is taking place and the reason that was important, it gives certainty to the wind folks that These particular areas are okay and these are probably not, as you try to go through the permitting process. >> Thank you. >> Do we have any further discussion or debate on the bill as amended? Hearing none, Senator Pate for what purpose do you rise? >> I would like to ask Senator Brown a question, this will be very short >>Senator Brown do you yield for question from Senator Paige? >> Yes >> Senator Brown in line of what Senator Vandine was asking. It seems to me that there's certain places where the wind patterns are as such you don't need a turbine that stands 500 feet above the ground such as up in the mountains, they can operate with a lot of wind at a lower altitude above the, height above the ground, up in the mountainous areas. So the same, Project would look a lot different if it were closer to the ground and so I should think that there will be places where the description of the project would not see the wind mills up so high in the air. And so it might be more permissible for them to locate in areas of that nature. >> [CROSS TALK]. I'm sure that is the case and again, I think the issue that we're debating here is the wind industry wanted some certainty, we gave them some certainty and now we're arguing about, The certainty which is a shame and because now they have map that they can operate on and they know where they can put some of these wind firms, and I think that's a good thing. >> Any further discussion or debate on the Bill? >> Mr. President. >> Senator [UNKNOWN] for what purpose do you rise? >> Ask a question to the Bill, bill sponsor. >> Senator Brown do you yield? >> This is my last time okay. >> Just a quick question, you mentioned about health a person that would be affected because of what we are looking at this bill. Could you tell me a little bit about what kinds of experiences that

may have on the health of the person with expansion. >> I think senator Lee touched it best when he talked about the flicker issue, and how it is a health hazard to some and that has been a concern and it has been debated and actually the lawsuit that was dealing with the [INAUDIBLE] the piece was based on that very fact. It was on health issues, now the judge ruled against that individual but that was what that lawsuit was based on. So it's obviously a concern or you won't have seen a lawsuit in that effect, I wouldn't think Follow up. >> Senator Brown do you yield? >> Sure. >> That's just one lawsuit and one experience of health, but how extensive is it and what is the probability that it will have standing effects on human health. >> Again that is just an opinion, I guess we can We can all have an opinion on that. >> Thank you. >> Senator Richards has leave of absence for the remainder of the evening. We have any other senator leaving? >> Mr. President, speak briefly on the Bill. >> Senator [UNKNOWN] your have the floor to speak on the Bill. >> I think one of the better things in the bill outside the fact that it's a great Bill for, To maintain the training levels of our forces but on the house side I think it would be commended for having the foresight to look into the shadow flicker problem. I found 13 citations by the way very quickly, it does have effects on humans both physiological and psychological. Physiological and it can cause epileptic seizures. The idea of having V-H-H-S and the [INAUDIBLE] system collaborate, the medical parts to try to find out more about this potential ill effect of wind turbines on human beings. You'd be commended for including that Thank you. >> Any further discussion or debate on the bill as amended? Hearing none. Senate before the senate is the passage of the Senate committee substitute, the House Bill 763 as amended on its third reading, on favor vote aye, oppose to vote no, five seconds be allowed for the voting, the clerk will record the vote. >> Newton I [BLANK_AUDIO]. 33 having voted the affirmative and 14 in the negative. Senate committee substitute house bill 763 as amended passes it's third reading. The amendments will be engrossed to be sent to the house for concurs in the senate committee substitute. >> We have a couple of Our concurrency bill was on here, Senate Cheratery what purpose do you rise? >> Mr. President I will ask to change my vote to No on amendment one. >> Senator Cheratery changes his vote on the first amendment center, on the first amendment in the final count there was. [BLANK_AUDIO] 43 to 5. Moving on to a couple of bills from concurrence, Senator Cheratery, you might wanna turn your microphone off there. Thanks. >> Senator Miganese what purpose do you rise.>> To verify for the next bill whenever for us to speak on the amendment. Thank you. >> Not yet senator, [LAUGH]. Senate bill [LAUGH] Senate Bill 330, clerk will read. >> Senate bill 330, change orders on school construction projects. >> Now we're ready for you. [LAUGH] >> Thank you Mr President and I apologize, I didn't realize for concurrence it had to be read, I apologize. Thank you very much Mr. President, this of course is concurrence for a bill that I ran last year, in regards to changed orders for schools that lack the construction, maintenance and construction personnel to manage that sort of project. It won't affect anybody i think in the lager district, it will be very beneficial to the small LEAs and I do ask that you concur. >> Senator McKissick asks that you concur, do we have any further discussion or debate? Hearing none, the question before the senate is the motion to concur on house committee substitute senate bill 330, all in favor vote aye,opposed will vote no, five will be allowed for the voting, the clerk will record the vote. Newton. aye. Lowe, aye, Senator Curtis, aye. 47 having voted in the affirmative, and zero in the negative, the senate concurs in the house committee substitute senate bill 330, it will be enrolled and sent to the governor. Senate bill 536, clerk will read. >> Senate bill 536, Students know before you go in central residence. >> Senator Barefoot is recognized. >> Thank you Mr. President this is a bill that the senate passed last year that streamlined existing institutional reporting requirement and expands the amount

of information available to students when they make decisions about higher education that was added to it by the house was a request that this general assembly also asked of our higher education partners last year to come up with a streamlined process to determine residency for our UNC private and community colleges and I recommend the bill to you. >> Senator Barefoot asks that you concur. Do we have any further discussion or debate? Hearing none question for the senate is the motion to concur in the house committee substitute senate bill 536 all in favor vote aye, opposed vote no, five seconds will be allowed for the voting corporal to record the vote. [BLANK_AUDIO] Senator Lowe, Lowe?. >> Aye. >> Curtis? >> Aye. >> 47 having voted in the affirmative, zero in the negative the senate concurs in the house committee substitute Senate bill 536 it will be enrolled and sent to their governor. House bill 960 the clerk will read. >> House bill 960 retirement,credible charter service schools. >> Senator Wales is recognized to explain the bill. >> Thank you Mr. President, members. House bill 960 came over, it didn't do anything to expand the 30 plus categories of services purchase which are currently allowed It did a trigger a thought though, those purchase are typically made it what I would call an artificially high discount rate. This bill in it's present form does not change that, it does request staff to do another rate when we're looking at service purchase bills that we use a fair market rate at a safe investment level so that we've got a choice of cost we can look at on a actuarial note. It's an attempt to improve transparency and give us a way to really look at what things cost when they come in. This is what I call the market rate would be the [INAUDIBLE] the same rate that's used on the benefit transfers. This also allows to treat our teachers as state employees when they're by the end of the retirement system to be treated the same, I ask for your support. >> Do we have further discussion or debate? Senate Heis, for what purpose do you rise? >> Ask bill sponsor a question. >> Senator Wales do you yield for a question? >> I do. >> Just, in seeing this real quick, could you give me an explanation of how this changes, how we calculate the amounts for purchasing credits? >> We're doing for service purchases were used in the seven and a quarter rate, so when you make the assumption that you're getting a seven and a quarter percent rate and you use that discount rate it tends to show that there's no customer service purchase, but the actual risk free rate, 20 years ago seven and a quarter was a good rate. The actual risk free rate today is close to the two and a half percent which aligns with 20 year or 30 year treasury, that's what we're using on transfer benefits, that's when somebody converts a retirement account like a 401(k) into the state retirement system. >> Follow up. >> Senator Willis do you yield for followup? >> Yes. >> But isn't the seven and a quarter rate we use for all of the state's contribution to the retirement system in order to make it whole? >> Yes, but we're not getting that right. >> Final followup. >> Does Senator Willis do you yield for followup? >> Yes What I am trying to get is that if we were using a discount rate for money coming in but the state is only making it whole at a seven and quarter rate by having separate rates aren't we creating a deficit in the retirement system? >> Yes, we are. >> Mr. President. >> Senator Apodaca for what purpose do you rise? >> Does Senator Willis yield to a question? >> Senator Willis, do you yield? >> Yes. >> Senator Willis isn't this more in a bursary piece than an actual piece, I don't think they can purchase at the seven and half, they can't purchase at the lower rate, it just gives them what it gives and what it could be if you took in the actual rate? >> This gives this body the information they need to decide if they want to expand the service purchases. >> Thank you, it doesn't give. >> Followup. >> Senator Willis do you yield? >> Yes. >> It doesn't give the retiree the option to purchase it one way or the other? >> This is not change, what we are doing we can just make a more informed decision about expanding service purchases. >> Speak on the bill. >> Senator Apodaca do you [CROSSTALK] Senator Hise was wrong >> [LAUGH] >> Senator Tillman for what purpose do you rise? >> [SILENCE] >> I would like to object to third reading on this

bill I wanna find out if Hise is right or wrong I have never known him to be wrong and he could have if it's more than just a advisory fee he could have a devastating effect on the retirement system Senator Willis I think we need to find out definitively what it does, I've not heard of this bill before indeed I haven't discussed it. >> Do we have any further discussion or debate? Hearing none the question for the senate is the passage of senate committee substitute to house bill 960 on it's second reading or in favor vote aye, opposed vote no, five seconds will be allowed for the voting. The clerk will record the vote. [BLANK AUDIO] Senator Raben. 44 having voted in the affirmative and two inn the negative, senate committee House Bill 960 passes it's second reading. Senator Tillman objects to the third reading and it will remain. on the calendar. And that concludes our calendar for the evening so this time we would like to introduce our pages for this week. So pages, if you'll make your way around to the front here and start getting into your proper order. And when they get up front, clerk, will read. [BLANK_AUDIO] Pages seven in the chamber this week. Christian Besky, Timber Lake. Caleb Beukeken Asheville Austin Davis Raleigh, Lillian Dodson Clayton, Jake Edwards Charlotte, Ellie Gowdin - Southport, Fitch Hover- Wilmington, Ashley Johnson - Ashborough, Kaistyn/g Keen Eelon/g, Kenzi Log/g Reidsville , patent/g [INAUDIBLE] Reidsville , Claire Louis Reidsville, Link Lean Aden, Dawson Mclain Greensborogh, Audrey mix Fair view, Ashley prep Winston Salem, Salem, Brice piu/g [UNKNOWN], Knightdale Sera Shah/g Hickory, [UNKNOWN] Lexington, John Thomas [INAUDIBLE] Knightdale, Elizabeth Wood Hickory, Campbell, Woody ,Oak Island. >> Pages we thank you for sacrificing your time out of the summer to be with us, we really appreciate your service to the senate this week thanks so much. >> [APPLAUSE] >> Do we have any notices or announcements? Senator Tart for what purpose do you rise? >> Just a moment of personal privilege. >> Senator Tart you have the floor. >> Members before you quickly I know it's getting towards dinner time, there's a copy of a letter on your desk and I'd like to be I guess the one who would've been as thoughtful and take credit for this But really I'm gonna ask the gentleman in the back row to stand up, Rob Strickland, one of my interns, Rob if you'll stand quickly. Rob came to me with this idea of sending a letter down to the mayor of Orlando and senator, who as also served as the president's in the senate of Florida the letters before you, I've got the originals here I ask for those that are interested would like to sign quarter of the members of the Chamber have already signed it. It will be on my desk or in my office tomorrow, I'd love to have it signed, we'll take it to hand delivery, just in the recognizing thoughts and prayers with folks in Florida thanks. >> Do we have any other notices or announcements? Any further business come before the Senate? If not the chair recognizes senator Berger for a motion. >> Thank you Mr. President. I move that the senate do now adjourns substitute standard stipulations set forth in senate rule 24.1. Receipt of conference reports, receipt of committee reports, appoint conferees, ratification of the bills, receipt of house messages, to reconvene on Tuesday June 21, 2016 [BLANK_AUDIO] House bill 253, Justice Reinvestment Act changes is currently in the committee on rules revert to Judiciary two