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Senate | April 15, 2015 | Chamber | Senate Session

Full MP3 Audio File

Do we pour oil all over this place, Lord and it's in Jesus name we pray Amen. Senator Berger is recognized for a motion. Thanks Mr. President, the Journal of Tuesday, April 14, 2015, has been examined is found to be correct, I move that we suspend with the reading of the Journal and then send approved as written. No objection. The Journal of Tuesday 14 stands approved as written. Senators we have the nurse for the day with us today. Our nurse is Stephan Badu of Carrie. Nurse would you please stand and be recognized? Thanks for serving the senate today. Mr President Senator Barefoot for what purpose do you rise? Send forth the committee report. Senator hold on the committee report just one second please we have a few more things to do before we get there so we'll get there in just one second senators upon the motion of Apodaca [xx] county the chair is happy to extend courtesies of the gallery to the class of rugby middle school, if you're with us today in the gallery please stand or raise your hand to be recognized Thank you for joining us. Upon the motion of Senators Gladys Robinson, Angela Bryant and Erica Smith-Ingram, the Chair is happy to extend courtesies of the gallery to the Delta Sigma Theta sorority today members are assembled at the North Carolina General Assembly to bring attention to issues affecting families, historically black college universities and state employees so, those are members of Delta Sigma Theta that are with us today please stand to be recognized. Thank you for joining us. On the motion of senator Cork and senator Sanderson, the chair is happy to extend courtesies of the gallery to the American government students from Crozet Christian academy, please stand or raise your hand and thank you for being here. On the motion of Senator Gladys Robinson of Guilford County, the Chair is happy to extend the courtesies of the gallery to Yvette Edwards Cornell DeLoach and James DeLoach. If you're with us in the gallery please stand and be recognized. On the motion, senator Wade of Gilford County, the Jury substitute synchronizes in the gallery to students and teachers from Greensboro day school, if you are in here today please stand and be recognized. If you have noticed two senators Smith Ingram walking around today in the General Assembly the chair is happy to extend courtesies of the gallery to miss Alisha Smith Freshwater for identical twin, chief bio medical engineer for the veterans affairs of mid Atlantic region. If you're here in the gallery please stand and be recognized. and upon the motion of Senator Dan Blue of Wake County, the Chair is happy to extend courtesies of the Gallery to the wife of Sergent-at-Arms Charles Marcellus, Colonel George Marcellus retired US army, Gulf War veteran also a member of the Delta Sigma Theta Sorority. If you would please stand Mrs Marcellus and be recognised, we thank you for being here. [xx] Upon the motion of Senator Don Davis

of Greene County, the Chair is happy to extend courtesies of the Gallery to his wife Shante Davis, Miss Davis please stand to be recognized as well. Is anybody else in the Gallery that didn't get recognised? We welcome you too. Mr. President. Senator Apodaca for what purpose do you rise? Quick moment of personal privilege out of order. Senator Apodaca has the floor for point of privilege of order. Thank you, Mr. President. We did miss one in the Gallery, former Sergeant-at-Arms Chief Sesso Goings, his daughter is with us today with the sorority ladies she's an attorney and ask for the great part of the State if she'll stand up. Your father was one of the great men that I've met since being in Raleigh over the last 13 years, now simple as committee report. Senator you can send forward your committee report. Clerk will read. Senator Apodaca, the select committee on committee report, semester passage. Senate bill on revolution 712 confirmed director of SBI, favorable. Senate Joint Resolution 712 calender. Senator Barefoot, you can send forward your committee report. Clerk reading. Senate bill forward for the workforce and economic development committee submit the passage. Senate bill 545 work force and [xx] favorable. Senate bill 545 J1 senator Tale Man for what purpose of your rise? Send forward the committee on reports. Senator Taleman you send forward your report. Chair [xx] for the education, higher education committee submits for passing Bill 333 on favor of commission substitute bill teacher and student electrician data Senate bill 343, student assault on teacher felony offence, title student assault on teacher felony offence, the [xx] Senate bill 333 counter senate bill 343 J 2 Senator Parker, for what purpose you rise? Mr. President, send forth committee report. Senator Parker you can send for your report Thanks sir. [xx] Senator Parker for the Healthcare Committee semester passage, senate bill 423, unfavor last bill and favor last committee substitute bill title, Hospicare Family act. Senate bill 423 J1. Senator Daniel, for what purpose you rise? Send forth Transportation Committee report, Senator you can send forth your report. Clerk will read. Senator Daniel for Transportation Committee, send the passage. Senate bill 174 Ray of [xx] city of Wilmington, favorable, senate bill 273, motor vehicle stuck way penalties interest favorable. Senate bill 301 DOT parts of contaminated land, favorable. Senate bill 313 license plates, retired rates [xx] favorable. Senate bill 345 limit storage fees on damaged vehicles, favorable. Senate bill 217, distribution of highway use tax fees. Unfavorable bill the favor last committee substitute bill. Title, Distribution of highway use tax fee. Senator Bill 554, on favor

as to bill and favor to make it substitute bill passed, [xx] passed berry. Senate bill 195, unfavorable as to bill, the favorable as to committee substitute bill. Senate bill 174, 313 calender, senate bill 273 finance, senate bill 301 J1, senate bill 345 J2 senate bill 217 and 540 finance, senate bill 195 commerce. Senator Daniel what purpose do you rise? Send forth the committee report for Judiciary two. Senator you can send forth your committee report. Clerk will read. Senator Daniel, would you chair two committees to miss the passage? Senate bill 238 on favor last bill and favor last made a substitute bill stopping the DPS criminal offence. Senate bill 238 calender, Senator Meredith, for what purpose do you rise Thank you Mr. President, send forth a commerce committee report. Do send forward your report Senator. clerk will read. Senator Meridith commerce committee submits for passage senate bill 455, on favorable as to bill, but favorable as to committee substitute bill, senate bill 679 North Carolina unfavorable [xx] bill [xx] favorable committee substitute bill North Carolina consumer finance bill amendments carried on, North Carolina Consumer Finance Act amendments. Zenbio seven the manuscripts stood number and favorable as Committee Substitute Bill number one, but favorable as Committee Substitute Bill number two, allow seating food stand customers Senate Bill 455 Pensions and Retirement and Aging, Senate Bill 679 calender and Senate Bill 7 calender the reports of Standing Committees. Senator Apodaca, for what purpose do you rise? Mr. President a motion, please. Senator Apodaca has the floor for a motion. Mr. President, I move the rules be suspended to the end that the veterans when they arrive here in the chamber will be allowed to wear their headgear. That objection so ordered. Soon as takes us right into our counter for the day when public bills second reading. Senate bill 366 clerk reading. Senate Bill 366, Amend Certain Require Permanency Innovation Commission. Senator Barringer is recognized to speak to the Bill. Thank you Mr. President. What this bill does is clarify for this perfect here permanency innovation committee to whom they report what should be made and at what date we actually changing the date to earlier to February, 15th so the date will be a useful and a short session and the committees that will get the report are Senate Appropriation Committee on Health and Human services, the chairs of the house Representative Appropriation Committee on Health and Human services in the Fiscal Research Division. In addition we have found that in long session years it's very difficult to meet quarterly and so we also request that we change the requirements to at least twice each year on the call of the chair and certainly in our off years we will be meeting more often. I urge your support for this legislation We have a discussion debate hearing none question posed for the passage of senate bill 366 on a second reading all in favor of it vote I opposed to vote no five seconds we'll have for the voting and the call to record the vote [xx] I Clerk I 50 having gotten on the affirmative and zero on the negative senate bill 366 passes it's second reading without objection to be read a third time [xx]  the discussion debate hearing no question posed senators passed the senate bill 366 on it's third reading on paper say aye, pose no the ayes have it senate bill 366 passes it's third reading and will be sent to the house. Senate bill 462 public reading Senate bill 462 public authority public corporation Senator Hosea is recognized to speak to the bill. Mr. President, members of the senate,

the bill does exactly what the short and long title say. It actually clarifies an existing circumstance to be certain that public authorities have the power that you've been exercising for quite some time anyway I commend it to you. We have a discussion debate Hearing non the question for the senate is the passage of committee substitute senate bill 462 on its second reading, all in favor vote I, oppose of vote no, five seconds will be allowed for the voting, clerk will record the vote. 50 having voted in the affirmative, and zero in the negative, the committee substitute the senate bill 62 passes the second reading without objection beware of the third time. North Carolina [xx] Act. It'll  be discussion or debate? Hearing none and question for the senate is the passage of the committee substitute senate bill 462 on it's third reading, all I favor say I? I. Oppose no? The I have it.committee substitute Senate Bill 462 passes it's third reading [xx] of the house. Senate Bill 487, Clerk will read. Senate bill 487, house [xx] technical revisions Senator Pit is recognized to speak to the bill. Thank you Mr. President, first of all I'd like to send forth an amendment? Senator you can send forward your amendment, clerk will read. Senator Pit, [xx] the amendment bill. Senator Pit is recognized to speak to the amendment. Thank you Mr. President, I felt that we had device the perfect bill in this senate bill 487 but Mrs Goldsmith has determined that there is is an error in it, and this amendment is necessary on page two line three, we need to add a quotation mark at the end after the period it underlined. I urge your passage of this amendment. Any discussion or debate? hearing none, the question before the senate is adoption of amendment one, on favorable vote I, oppose of vote No, five seconds will be allowed for the voting, clerk will record the vote. RayBan RayBan, RayBan I 50 having voted in the affirmative and zero in the negative amendment one is adopted the bill has amended his back before the body. Senator Pate is recognized. Thank you Mr. President this bill is antedated to bill from the department of health and human services. The bill makes technical clean up amendments to several general statutes that control the states children's heath insurance plan under the North Carolina health choice, the technical changes have been needed since the 2010 transfer of the administration of the health choice program, from the state health plan to the department of health and human services division of medical assistance. senate bill 487 make changes that accurately reflect how the program is administered now that the division of medical assistance administers to North Carolina health situation program. The existing statutes reflect the states health plans former administration of the North Carolina health choice program and I urge you all passing of this bill. Thank you very much.   We having a discussion debate? Hearing none, the question for the Senate is the passage of Senate bill 487 as amended on it's second reading all in favor vote I, opposed will vote no, five seconds allow to vote. The clerk will record the vote. Stine aye 50 having voted in the affirmative and zero in the negative Senate bill 487 as amended passes it's second reading without objection read a third time. North Carolina [xx] acts. Any discussion debate? Hearing none the question before the Senate is the passage of the center bill 47 as amended on its third reading all in favor will say aye. Aye. Opposed no. The Ayes the I's have it Senate bill 487 as amended passes it's third reading the amendment will be in gross it will be sent to the house. Senate bill 682 the clerk will read. Senate bill 682 mollifies sunset contingent audits  Senator Gunners may I speak to the bill? Thank you Mr president back in 2012 many of you may remember that the General Assembly and the legislation for anything that t department of revenue local government and the treasury hopefully are prescribed from using third party is paid on a contingent fee basis for audits and assessment purposes. The department of revenue and treasures office had no sunset however local government is scheduled to sunset on July 1st of 2015. This bill is set to remove the sunset making this prohibition permanent I can assure that audits are still been conducted fairly on an hourly or fee basis and I appreciate your support.

[xx] discussion debate hearing none the question proceeds the passing of senate bill 682 on it's second reading all in favor vote I, opposed will vote no five seconds be allowed for the voting and the clerk will record the vote. 50 having voting in the affirmative and zero in the negative senate bill 683 passes its second reading without objection, be read at third time. North Carolina [xx] act. Any discussion to debate, hearing is none. The question before the senate is passage of Senate bill 682 on its third reading, all in favor say I, oppose no, the I have it senate bill 682 passes its third reading it will be sent to the house. Senate bill or house bill 140, clerk will read. House bill 140 alignment and appreciation day in North Carolina. Senator Daniels recognized to speak to the bill. Thank you Mr. President, every year more than 1000 electric line men stand ready to leave their homes at midnight, after midnight in bad weather to go out and fix our power lines all across the state and sometimes they're gone for two or three days in a town from their families they put their lives at risk for us everyday. Back in my district, there's a museum that few people know about called the International Linemen Museum, and hall of fame in Shelby, North Carolina. They have an annual appreciation day for electric linemen and the reason this bill is particularly time sensitive this week is that their annual meeting is this Saturday but this bill will establish one day a year in which we dedicate a day to recognize our linemen for what they do to keep the lights on across North Carolina so I'd ask you to support it. Any discussion or debate? Hearing none the question for the Senate is the passage of the Committee Substitute House Bill 140 on it's second 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. 50 having voted in the affirmative and zero in the negative, Committee Substitute House Bill 140 passes it's second reading without objection to be read a third time. North Carolina General Assembly acts.  Any discussion or debate? Hearing none the question for the Senate is the passage of the Committee Substitute Bill House Bill 140 on it's third reading, all in favor will say aye. Aye Opposed no. The ayes have it.committee Substitute House Bill 140 passes it's third reading. It will be enrolled and sent to the Governor Mr. President. Senator Apodaca, for what purpose do you rise? Excuse me, how is  Bill 140 needs to go special messenger once it's enrolled? Your objection so ordered Mr. President, Representative Apodaco, for what purpose do you rise?   The next time I'm on the calendar is the honor the veterans and as far as I know I don't think we have any, do we have any veterans here to honor? No. Sir I don't we do. We might need to take a little break they are over in the house and hopefully they are able to get out of the house not have any vision of what they had We're finishing our entire session before they even get started? Yeah. Correct. Let's stand on recess then for. Mr. President Senator Smith-Ingram, for what purpose you rise? I would like to if we could go ahead and sent forward the senatorial statement before we recess. You can sent forward your statement Senator perfect time to do that And Senator Smith [xx], you are recognized to speak to the Senate [xx] statement. Thank you. We have a symbol today in their beautiful red the members of Delta Sigma Theta Sorority incorporated. I am so honored to serve with these women both my colleagues on the floor and my sisters upstairs. The Senator Gladys Robinson and Senator Angelo Brian will stand with me members of our staff, my legislative assistant, Angelincia Simmons[sp?]. Delta Sigma Theta sorority incorporated founded on January the 13th 1913 by 22 undergraduate women on the campus of Howard University, and since that founding, it has become the largest African American Greek letter sorority, with more than 250, 000 college educated women, and over 900 chapters internationally. We serve, we work hard, we work hard, we push forth a five point problematic thrust, of economic development, educational development, international awareness and development, physical and mental health, and political awareness and involvement. In our 102 years of service and commitment to our communities, we have invested and grown community strength in the areas through our initiatives such as financial fortitude, which closes the widening gap between the poor and the wealthy, our Javaworks  scholarship programs, that provides college funding for students to pursue their dreams and their goals, The Doctor Betty Shabazz Delta Academy, which

gives opportunities to enrich the education of school -aged girls and boys across the nation. And whereas today on April 15th 2014, members of Delta Sigma Beta sororities stand and assembled in the gallery today, to bring to attention all of the issue that we face in a challenging and growing economy. Issues affecting women and families in North Carolina, including education, childcare, HPCUs, state employees salary and it's how we increase this healthcare community help support justice and jobs. Justice sigma data sorority incorporated now therefore should be commended for his more outstanding commitment to making a difference in the United States and North Carolina and in the international community as a whole. We witnessed this today and I just want to thank you for assembling and champion the calls and demonstrating an uncompromising commitment through communities, through service, through leadership and through empowerment. Thank you, Senator. Once again members of the secretary of sorority, thank you very much for being here today. Senator Alexander for what purpose do you rise? Point of personal purpose Mr. President. Senator Alexander you have the fall from the point of privilege out of order if you would like to take this now, you can take it now or we can do it when we do notices and announcements, would you like to do it now? Either time I thought we had a little Go ahead RIght here You can go ahead and do it right now sir Okay, this is a role history, I hate it that the kids are left but here we go. The week of April 13th through April 17th, there's a very historic time in North Carolina history 150 years ago there several events that occurred that has been pivotal. On Monday, April 13th couple of days ago the capital city of Raleigh was to the Union General William to chairman who assure the state and local leaders, he will not harm the city. The occupation was going well until a Texas Cavalryman Lieutenant Wolf decided to open fire on the Union troops as they paraded February[sp?] Street toward the capital. Lieutenant Walt galloped north on Fable street and turned up on Morgan Street, one way street by the way. As he reached West street he and his horse failed he was probably captured by the Union troops as they were preparing to hang Lieutenant Wolfes, the Lieutenant for the time to ask a good bye letter to his wife, the request was denied and he was promptly executed. On April 14th 1865 yesterday, President Lincoln was short in Fox Theater in Washington DC. The next morning today April, 15th President Abraham Lincoln died. Two days later on April, 17th 65, this coming Friday the news of the Lincoln's death [xx] to the Union troops here in Raleigh. In raged the troops [xx] to storm and destroy Raleigh in retaliation. Union General, John Alexander Logan knowing the Raleigh's compliance knew that there was no need for the troops to take out their anger on the city. General Loven did place in front of the canons and told his troops that they were to fire through him first. General John Alexander Logan saved the city of Raleigh and the capital from destruction and was later honored by the city for this historic act. Later in life General Logan entered politics and conceived the idea of Memorial Day which was first celebrated on May of 1868. He was also a Vice presidential candidate in the election of 1884, and as a running mate with James G Blaine, with whom he lost to Gregory Calvin. Thank you Mr. President. Thank you Senator. Just in time for. Mr. President. Senator Rucho for what purpose are you asking? My I have a moment of personal Senator Richard you can have a moment of personal privilege. The floor is yours. Thank You Sir. And again, Senator Alexander brought a lot of good history forward, but there wasn't one other piece of that we need to remember very clearly and that was on 4/13 whatever year that

was, there was a birthday then and we were amiss in not recognising senator Harry Brown's birthday this past Monday and I hope you'll join us in congratulating Senator brown on that very historic occasion. Since we talked about recessing our members of the military are here and filtering in and we are going to at this point move back to our calendar and pick up with senate resolution 580, the clerk will read. Senate Resolution 580, Honor State's Veterans.  Senator Pate is recognized to speak to the Resolution Thank you Mr. President, it's a great honor for me to present this resolution and it would be appropriate for the reading clerk to read the Resolution in its entirety. Absolutely Cork, clerk will read the Resolution in its entirety as soon as madam clerk gets it to him. Clerk will read. Senate Resolution 580, a Senate Resolution expressing gratitude, appreciation to our veterans. Whereas throughout our countries history, generations of men and women have worn the uniform of the United States in value independent our nation and its ineligible rights. Whereas our veterans have personally sacrificed so much for the greater good of our nation. Some of the brave men and women made the ultimate sacrifice in protecting our country and the freedoms enjoyed by our citizens and all Americans. And whereas six major departments of defense, department of homeland security. The HS installations are located in North Carolina, Coast Guard station, Elizabeth City, Fort [xx] Marine Core Air Station, Cherry Point, Marine Core Air Station, New River, Marine Core base Camp Lejune and Seamore Johnson Air Force Base as well as the North Carolina National Guard and other DOD and DHS activities and organizations whereas nearly 770, 000 veterans of our nation's armed forces live in North Carolina and about 135, 000 active duty guards and reserve military personnel reside in the state, making North Carolina one of the largest active duty military populations in our entire country. And, whereas the people of North Carolina are grateful and appreciative to all of our veterans for their selfless service to this state and the United States, now therefore be it resolved by the Senate, section one the Senate expresses it's profound gratitude and appreciation to all the men and women who served in the United States Armed Forces. Section two the Senate wishes to honor the memory of the North Carolinians who gave their lives while serving in the United States Armed Forces. Section three this resolution is effective upon adoption. Senator Pate is recognized to speak to the resolution. Thank you Mr. President. I'd like to thank Senators Meredith and Rayben for joining me as the primary sponsors for this Resolution and at this time Mr. President I would like to ask the senators who are veterans to stand as I call their name with your permission and I will give the terms of services that they had and which branch an d the service they were in and if they'd remain standing until the end. Senator Alexander served from 1969 to 1975 in a North Carolina National Guard Senator Clarke served from 1981 to 2001 in the US Air force my brother. Senator Curtis served 1972 to 1977 in the United States Air Force, Senator Daniel 1991 to 1997 in the U. S Army, Senator Don Davis served 1994 to 2001 in the US Air force. Senator Hartsel served 1972 in the US Army reserves, Senator Jeff Jackson served 2005 to 2006 in the National Guard, Senator Meredith served 1984 - 1987 in the US Army. Senator Pit, 1962 to

82 United States Air Force. Senator Rabon served 1956 to 1980 in the US army, Senator Scucheck served from 1991-1999 in the U. S army and Senator Tucker served 1968 team 69 in the United States Navy. Ladies and gentlemen of the Senate, these are my brothers and armd who have served their country and upstairs in [xx] now we have the veterans from all across our state who also have served in both [xx] wars and in times of peace And we need to recognize our veterans and for that Mr. President, I recommend that we adopt this resolution in honor our veterans. Thank you Mr. President Thank you Senator and We thank you all for your service, and with that we have a vote before us. Any further discussion on the resolution? The question for the senate is the motion to adopt Senate Resolution 580. All in favor will vote aye, opposed will vote no. Five seconds will be allowed for the voting. The clerk will record the vote 50 having voted in the affirmative and zero in the negative Senate Resolution 580 is adopted. Ladies and Gentlemen one more time for our veterans in the Gallery thank you for your service to United States. That does concluded our calendar for the day do we have any other notices or announcements? [xx] Senator Baynham for what purpose do you rise? Mr. President I would like to request, say we spread the comments that were made, the veterans that stand in this Chamber they spread across the journal. [xx] ordered. Any other notices or announcements? Senator Apodaca for what purpose do you rise? Mr. President announcement, please. You have the floor Senator. Today at 4 o'clock the Rules Committee will be meeting in our usual location. It shouldn't take too long and we'll just be hearing one bill. Any other notices or announcements? Any further business to come before the Senate? If not, the chair recognizes Senator Berger for a motion. Thank you, Mr. President. I move now that the Senate do now adjourned subject to standards stipulations set forth in Senate Rule 24.1, the receipt of committee reports, the ratification of bills and messages from the house, to reconvene on Thursday, April 16th, 2015 at 12 PM, note that change, 12 PM. The motion is the Senate do now adjourn subject to the stipulation stated by Senator Berger to reconvene Thursday, April 16th at 12:00 P. M. Second by Senator Souchek. All in favor say aye, opposed no. The ayes have it the Senate stands adjourned.