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Senate | May 7, 2015 | Chamber | Senate Session

Full MP3 Audio File

Senate will come to order. Sergeant at Arms will close the doors, members will go to their seats. Members in guests and gallery please silence all electronic devices. Leading the senate in prayer is the Reverend Peter Mill in our senate chaplain, all members in guests and gallery will please stand. Ready to go Loard we thank you are the giver unexpected gifts of graduate degrees and everything Lord you pour out grace in this unexpected places, you're so good expected blessing come every time we go around the corner and every bend of the road even when we think things are bad you show up now we come to you and we pray that you who hold all things together will keep these servants from stumbling. You may give them release form what is binding them, and even binding the state, free us Lord, you love us so much, so recklessly, without caution, and as your creatures we need your wisdom to govern over the laws and foundations of this state. Use us on this day as your servants, we ask all these in Christ's name, Amen. Senator Burger is recognized for a motion Thank you Mr. President, the journal of Wednesday, May 6, 2015 has been examined and it's found to be correct. I move that we dispense with the reading of the journal and that it stands approved as written. Senators, [xxx] by in order please. Without objection, the journal from May 6th stands approved as written we have leaves of absense granted today for senators, Grucee, Gohn, Raven, Robinson and Tucker. Senator upon the motion, senator Don Davis of Green county the chair is happy to extend coutesy of the gallery to Gin Mooreen and Liz Rollie if you're with us today in the gallery please stand to be recognized, thank you for joining us. On the motion of Senator Ron Raven of Lee Honard and Justin county the chair is happy to extend courtesies gallery to Mrs Maggie Sandrock, former Honor county GOP chair, former U. S. Navy Communication. Mrs Sandrock if you're with us please stand to be recognized thank you for joining us. ratification of bills, clerk will read. [xx] duly ratified for presentation to the governor, house bill 91 an act to direct a vision of motor vehicles to study ways to decrease, a misuse of windshield [xx] to a handicap person. House Bill 601, an act to provide for the loss of sale of deer skin subject to tagging and reporting requirement and speeding limit. House Bill 706  an Act to require that Billing Code Council to amend the North Carolina Billing Code to exempt open air camp cabins from certain requirements of the code. Senators  do we have any reports of standing committees? Senator Daniel for a purpose do you rise?   To send forth a committee report. You can send forward your report senator we could have a page, grab a report please. Clerk will read. Senator Daniels to Judiciary two committee, submits a passage house bill 597 committee substitute number one, mediated settlement agreements favourable. House bill 879 committee substitute number one, [xx] code reform, favourable, senate bill 351 collect DNA of on the [xx] favourable. House bill 597 and 879 calendars senate bill 351 appropriations based budget. Senators, I will take

us into our calendar for the day we have a couple local bills and a couple public bills, we will start with the local bills we will lock for those unless someone wants to pull those out individually so House bill 65 and House ill 393 is anybody want to separate those out? OK we will block votes our local bills second reading house bill 65 and 393, the clerk will read. House bill 65, [xx] House Bill 393 [xx] Cc Board of trustees. We're having a discussion debate? Hearing none, the quest before the senate is the passage of House bill 65 and House Bill 393 on the second reading. All in favour will say aye, oppose no, the ayes have it. House Bill 65 and 393 passes the second reading without objection and will be read a third time. North Carolina bill assembly enacts discussion debate, hearing none the question before the senate is the passage of house bill 65 and 393 on its third reading, all in favor say aye. Aye. those no, the ayes have it. House Bill 65 and 393 passed their third reading, House Bill 65 will be sent to the house for concurrence in the senate committee substitute and house bill 393 will be enrolled. Moving on to senator Apodaca for what purpose do you rise? Mr. President we need take about a five minute break to look at this next bill we're working on a perfecting amendment. Very good the senate will and stand and recess for five minutes we'll be back in here lets say 11:20. Senate will come to order, close the bill and members please go to your sits. Senator put the motion of senator Dan Davis of Green county the chair is happy to extend, [xx] sees the gallery to school nurses and social workers from Green county and from all across the state. If you're with us today in the gallery please stand be recognized. Thank you for joining us Mr. President. Senator [xxx] for what purpose do you rise?  Motion please.  Senator [xxx] has a front for a motion. Mr. President we were going to hear house bill 102 we need to take that off today's house counter and in place with Monday's counter Without objection, so ordered, moving on to the last bill on the calendar, public bill second reading house bill 358 clerk will read. House bill 358 school performance grade scale. Senetor McGrady is recognized to speak to the bill.  Thank you Mr. President, fellow members of the senate, this is a very simple bill, it was passed of course on the house had a companion bill here that simply keeps the 15 point grading scale in place for 2 more years. I will be glad to answer any questions and I appreciate your support. Do we have any discussion or debate Senator Stein for what purpose do you rise? Send forward an amendment. Senator Stein send forward your amendment, the clerk will read. Senate Stein moves to amend the bill. Senator Stein is recognized to speak to the amendment. Thank you Mr. President. Members of the Senate and Senator McInnis I have nothing but support for your piece of legislation, but I wanted to make a tweak to it to deal with the school grades. Why do we have school grades? Why are we grading our schools? It's to inform parents on how the schools are performing, whether the kids are going to be challenged appropriately. It helps us to focus on which schools we need to focus our energy and resources to get their performance up. And is the whole schools accountable for what they do with young people? Accountable for what? What we want of schools? We want them to teach our young people. We want them to take a child wherever they are, and move them forward so that they're learning. We have to understand not every child starts at the same place, there are differences. And when you look at the two aspects of what comprises the school grade, the achievement piece and the growth piece. Achievement is entirely correlated to income. Schools do well when the student bodies come from well to do community. Schools do poorly when they come from a low income, low wealth community. Growth however, is not correlated to income. Kids learn from wherever

they are, whether they're poor or whether they're rich, if they are taught well. Under the current formula that we have, which has a weighting of 80% for achievement and 20% for growth, there're 86 schools, 86 across the State. I've got the chart and tried to get it up on the dashboard but I didn't have my act together in time to get it to the clerk. But there eight charter schools on this list, there're from Meckelberg, there's seven from Gilford, four from Forsyth, a couple from New Hanover, and a number of small counties around the state these are schools that are doing incredible work because they're dealing with the most at risk populations and yet those kids are exceeding growth. They're learning at those schools. Which is again exactly what we want. 86 schools got a D or an F, they've met or exceeded their growth expectations. we have principals, we have teachers, we have students, we have parents who are busting their tails in the hardest of circumstances and succeeding because they're learning. To consider those schools a  failure? An F or a D? Is absolutely antithetical to what they are. We should be standing up and applauding those schools and yet we're demoralizing the teachers and the principals, and those principals and those teachers who've proven that they're good at what they do because the kids are learning even though they come from tough backgrounds they're leaving their schools. So they're abandoning the very schools that we want them to operate in, to help our kids who're starting now behind the curve, it's a dis-service to the parents, it's a dis-service the teachers, to the principal and to the students. There are conversely 45 AOB schools that are not meeting growth these are schools that we are giving A's and B's and saying to the parents, your kid's at a good school even though that school is not educating those children and having them exceed or meet their growth of what they should be learning that year. Will they be doing a tremendous dis service to those parents? Because they think everything is Hunky Dory at that school when in fact, it's not. There's a simple solution to this problem a misplaced measurement, and misplaced expectation, and is to just tweak the formula. The amendment like to offer the amendment please. It changes the formula from 8020 to 5050, if you change the formula 8020-5050, 85 of these 86 schools will go up a grade or two grades, and they'll be getting the recognition that those teachers and principles have deserved. So I offer this amendment to you I encourage your support we are happy to take any questions. Senator Apodaca for what purpose of your rise? To speak on the amendment. Senator Apodoca has the floor will speak to the amendment. Thank you Mr. President. I know North Carolina is a big state, and I guess senator Stern is hearing things I'm not hearing in the mountains, I think parents come to me and say, thank you, you finally gave us something we can judge out schools by and I haven't heard these complaints, not heard from some administrators, some principal, they don't like this but from the parents I haven't heard that many negative comments I'm trying to think [xx] any. I'm sure some people don't like Santa Claus, but anyway, with that being said, I move that amendment one be laid up on the table. Mr President. Senator Sucheck for that purpose do you rise? I second the motion. Senator [xxx] five seconds to the motion, it's a non debatable motion, we will vote on the motion to lay it upon the table the motion is amendment one laid up oon the table. All in favor will vote aye, opposed will vote no, five seconds will be allowed for the voting and the clerk will record vote. Block aye 31 having voted in the affirmative and 14 in the negative, amendment one does laid upon the table, the bill as amended is back before the table if there any further discussion or debate, hearing none, the question for the Senate is the passage of House Bill 358 on its second reading. All in favor will vote aye, opposed will vote no five seconds  be allowed for the voting and the clerk will record the vote. Clerk aye, 45 having voted in the affirmative and zero

in the negative, house bill 358 passes its second reading without objection be read a third time. North Carolina General Assembly enact. Any discussion or debate? Hearing none, the question for the senate is the passage of house bill 358 on its third reading, all in favor will say aye, opposed no, the ayes have it, house bill 358 passes its third reading it will be enrolled and sent to the government. And that wraps up our calendar for the day and at this time we'll like to say thank you to our Pages, Pages thank you for joining us in the senate this week, hope it's been a valuable time for you and hope you'll come back to see us, thanks so much. Senator Richard for what purpose do you rise? To stand for a moment of personal privilege. You have the floor for a moment of personal privilege. Mr. President if I might can do a quick motion before. Senator Apodaca you have the floor for a quick motion. Thank you Mr. President, senator Rachel I know long winded at times, house bill 351 to tell DNA felony arrest was heard in committee needs a serial referral to the appropriations based budget committee. Objection so ordered. Senator Richard floor is yours. Thank you senator Apodaca for giving me the opportunity to speak today. Ladies and gentlemen of the senate I want to stand up today and let you know that we had some good news yesterday, I waited a day before having a chance to comment on it early because of the fact that I wanted to see how the media would decide spin it. But I think everybody knows that yesterday announcement was made by our govonor and the general assembly leadership that we indeed met our projected goal of $847 million in extra money, that means money are  more than the previous year, and by that we had added an additional $400 million beyond that level, and what that really means ladies and gentlemen, is from the previous year, we actually generated $1.24 billion dollars more than the previous year, that is 6.1% growth in revenue, and on a normal basis, prior to the recession it was about 45, it's been about 4 7 growth, and we actually achieve 6.1% growth in our revenue stream. You know as well as I do, we made a lot of changes in tax policy, we put a lot of money back in the pockets of the working families, small businesses and the like, trying to make North Carolina very competitive, and in reality because of what we also did, because of the policies we took, and this general assembly should be credited for this, we actually had the best year ever in 2014, in job creation, close 110, 000 jobs this year in 2014, 110, 000 jobs and what that means is North Carolinians as we promised would be going back to work allowing them to work their way out of poverty by having a good job which is a lot better than the government assistance. So, what that means ladies and gentlemen is we can continue moving down this pathway, we've seen the success that occurs by letting the dollars sit in the pockets of the working families and small businesses, allowing them to continue to spend the money as they deem necessary and not have government deem so. So that being said I applaud the general assembly for the tough decisions that they made and I think everyone in this room we should be proud of what we've accomplished and hopefully we continue to move forward in that direction creating more jobs, creating more prosperity for the citizens of our state. Thank you. Mr President. Senator Smith Ingram, for what purpose do you rise? To send forth a senatorial statement at the appropriate time. You can send forward your statement senator and would you like to have a moment of personal privilege to speak to it senator? Yes. Thank you Mr President, colleagues, this is a very exciting day for us in the general assembly as we approach Mother's Day which we will be celebrating in a couple of days and giving tribute to a group of mothers who have invested immeasurable time and opportunity and development into their young boys and girls ages 2-19 years old in the gallery dressed in pink and blue, we have the organisation, Jack and Jill of America. It was founded in 1938 and it promotes service, development philanthropic activity among young African American males and children in a particular to assure that we are strengthening them for future and leadership development, volunteer service, philanthropic giving and civic duty. It is my honor to acknowledge them and request that you join me In celebrating their efforts and their investments in our future.

Now therefore it's important to honor these sacrifices of the great members and mothers who are feathering the inherent and natural desire, that's bestowed upon their children with all of the opportunities possible, for a normal and graceful approach to a beautiful adulthood. Thank you Thank you, for those of you that are in the gallery with this group will you please stand to be recognized and, thank you for joining us here in the senate today Mr. President. Senator Cjake for what purpose do you rise?   Moment of personal privilege? You have the floor senator. Thank you Mr. President, Members on this National day of prayer I wanted to share a brief story to reflect on the importance of prayer's been in our country's history. My great, great, great, great, great, great, great Grandfather was a man named John Ganel[sp?], John Ganel[sp?] was a travelling pastor in Western North Carolina in the 1750s as is credit with, Organizing a loose band of nominal Christians into the Church, and he organized religion we see today in Western North Carolina, but after his time here he chop in the revolutionary war. What is the most distinguishing act was on April 12th 1783, with the end of the American Revolution, and George Washington assembled the troops, he declared America is now independent and free. And signified the birth of our new nation by asking John Ganel to pray for our country so I'm proud to have been a descendant of his, and to see the legacy our country was birthed in prayer and the importance we have in prayer today. Thank you. Thank you Senator Todd for what purpose you rise? Moment of personal privilege. You have the floor Senator. Thank you Mr. Speaker, members, just a quick thought in the last couple of weeks, we've actually had three seminal events. Things really are transforming, and that will have it impacts for literal years to come, and as Mag amid said that never doubt what a group, a small group of thoughtful committed citizens can achieve and accomplish. In fact that's the only thing that has. And I tip my hat to the members in this chamber to these three events being components of making them happen that in each case and any major event that happens there is a catalyst behind those, the three and we see it they've all made the headlines and then we [xx] pass by quickly, first one is the certification trucks, I never thought it will be actually achieved. The catalyst for that event was Joe Cooper, Joe is our Chief Information Officer within DHHS, the farmer and central partner, the man I tease him, I call him the real deal, I trivia our ability to get this across the goal line to it his effort work and dedication. The next two events, do not miss the significance and this is this group and this chamber fixing and paying off the unemployment benefit insurance is if I bleed and never do another thing to be part of that is a massive impact on that state. We all recognize had it continued on its right path with financially bankrupt estate. That sounds like hyperboly of hyperbol depending on your preference, but it's that significant. The second is what senator Rachel alerted you today, is the ability to take our tax policy and change and create a surplus when we've run nothing but deficits. That is an amazing left, there's a catalyst behind both of those. The UVI won a national magazine, that individual who is an architect is senator Bob Rachel we owe him a debt gratitude for leading us in this direction. Thank you senator. Senator Barlin for what purpose do you rise?  A moment of personal privilege sir. You have the floor senator. Thank you very much Mr. President. Today I was very privileged and honored to be part of first historic hooding ceremony here in the chamber. Many of you advantage of that and were there to see our [xx] doctor candidates receive their graduation hoods with the robes. This ceremony was presided over by Justice Paul Newby with the able assistance of our own Doctor Jeff Moore, who by the way this was his wonderful idea. I would like to recognize now those who are graduating, that participated and their sponsoring senators. Senator Tillman, graduate is Marshal Conrad, graduating from Campbell University. Senator Berger and formerly Senator Harrington, we have had a tender which is senator Berger, but David Goldberg has worked for both Senator Harrington and Senator Berger now. Senator Daniel, Linda Dorry graduation from North Carolina Central University. Senator Bryant is honored

to have hooded Tanicia Folks also of North Carolina Central. Senator Lowe, formally senator intern shall wonder Martin of North Carolina Central and then my Paul and many of you know see and I worked very diligently together and I know all of these senators are really appreciate the hard work of these folks. And I now move that these words be spread upon the journal so that it will mark our first and hopefully tradition of hooding these wonderful interns who've worked so hard for us. Thank you senator, senator Mandes your purpose of rise? Moment of personal privilege. You have the floor sir. Members of the senate I put an invitation on the desk to a re dedication of the Committal structure at the Sun Hill's Veteran cemetary I want to tell a little bit of history about this and it's significance in 2011 the committee structure for many years has been open to the elements of a community were burials there and the dead a winner in the heat of the summer you school out there and people be recognized captain Brankets was just deplorable the conditions of the structure was in and I just felt that was not appropriate for people to bury their loved ones especially veteran in the cemetery where the building was not climatised so in 2012 I approach the department administration about people donating money, money to improve the committee structure and I was amazed to find out that I needed to introduce so that private citizens could donate money to improve the state structure it was just amazing to me so anyway I introduced the bill with the state to support the Senate and the House we got that bill through in 2011. Then the next step is I had to raise funds or had to ask people to raise funds, and what I did is that I asked the Senate, talked to Senator Tucker and Senator Jim Davis, and they were gracious enough to put forward. We all know Senator Tucker, he is very, very tight with everything especially money. So he said, Senator Meredith I think what we're willing to do is we're willing to help you with a challenge grant. I said, gosh Senator Tucker what's that going to look like? So anyway we got together and Senator Davis and Senator Tucker along with the committee decided to grant $125, 000 challenge grant. And what that meant was, that the citizens of this State would have to raise money first before the Government would write a cheque. I didn't have any problem with that because I knew this was veterans and we are the most veteran friendly state in the United State, so we're not started raising money, the first cheque that we received, the very, very first cheque we received was for $125, 000 from one man. So I wanted to come and share that with ya'll. We have raised over $375, 000 for the structure and it's going to be a grand structure and it's for the veterans of these state. This is an invitation inviting all of ya'll. I know that ya'll have very busy schedules n your Districts but I want to personally share with ya'll the story, when the state and citizens work together that we can make a difference. I think there were a lot of stories that were told here today about things that are being changed and commitments that we're making not only to the citizens of this state, but to help our State grow and this is just one example of how when we want to work together as personal individuals and a State, as a State together we can get this done. So thank you so much for all of your support, wanted to let you all know this does work, and thank you for your all support, thank you all for your commitment and this is just the grand re-opening. So thank you so much, Mr. President and Members of the Senate. Do we have any other notices or announcements? Senator McInnis, for what purpose do you rise? Point of personal privilege, Mr. President. You have the floor for a point of personal privilege. Thank you, Mr. President and members of the Senate. It is with great sadness that I bring you knowledge today that a native son of Henderson, North Carolina, Vance County, the legendary beach music singer and musician, Mr. Ben E. King has passed away. Ben E. King grew up in Henderson, North Carolina, Vance County and moved to New York city earlier in his life, and he of course is credited with the songs "Stand by me" "There goes my baby" Spanish Harlem" the "Save the Last Dance for Me" in the legendary this magic moment. We have all enjoyed his great musical talent with the Drifters, and as a solo and it is with great sadness that I announce it's passing to this body today. Thank you Mr. President. Thank you Senator. Any other notices or announcements? Senator Alexander, for what purpose you rise? New weekly history lesson. Senator you have the floor for a moment of personal privilege. Yes a point of personal privilege, thank you very much Mr. President. In May 1st 1845, North Carolina school for the blind,

Governor [xx] open in Roley original conceived by governor John Matt Moore here in 1843 the school became reality in January of 1845 when the general assembly approve an to provide for the education of death and blind persons. Four months later the school opened in the building two blocks West of the state capital with four teachers and 23 deaf students between the ages of eight and thirty two. The school students became the first in America to produce a newspaper made for and by the deaf and for a brief time during the civil war, they worked for the war effort making musket parts. After the war efforts were made to address the needs of African-Americans with disabilities and a separate school opened in 1869. In time enrollment at the white school exceeded the facilities capacity and the legislature funded a separate deaf school in Morganton which opened in 1894. In 1963 administrators changed the name of the Regional Raleigh Facility to the Governor Morehead School and in 1971, operations in the white and black schools were consolidated. Musician Dot Lotson[sp?] and Randy Millsap are among the school's best known alumni. Thank you. Any further business, come before the Senate. Now the chair recognizes Senator Berger for motion. Thank you Mr. President I move that the senate is now adjourned, substitute stipulations set forth on Senate rule 24.1 and messages from the house to reconvene on Monday May 11, 2015 at 7 P. M The motion of the senate do now adjourn subject to the stipulation stated by Senator Berger, to reconvene Monday, May 11th at 7 P. M. Second by Senator Brown all in favor say aye Aye Those no, the ayes have it, Senate stand adjourned.