Settle come to order Sergeant arms to close the door as members will go to their seats, members and guests in the gallery please silence all electronic devices. leading the Senate in prayer is Reverend Peter Milner, Senate Chaplin. All members and guests in the gallery, please stand. Let's bow our heads and pray. Lord thank you for the camaraderie here, thank you for the friendship that you have gotten, come now and help us out, make haste to lift us into a place that is higher than we are, with your care, with your help, with your wisdom help us make a joy full no ways, and you're here our Lord. There's been through grace upon us here tonight so that we might number our days, our rights. There's been through grace upon us so that we might number our days rightly. We thank you for all that you're doing here in our hearts, and we ask you to continue to do that solemn work within us tonight so that we he might best serve those in this State. It's in Jesus name we pray amen. Senator Berger is recognized for a motion. Thank you Mr. President, the journal of Thursday May 14th, 2015 has been examined and it's found to be correct, I moved it with spance of the rating of the journal and that it stands approved as written Without objection the journal of May 14th stands approved as written Senate I believe his absence granted tonight for senator Apodaca, Daniel, Ice, Low[sp?] and Raven. We do have nurse of the day with us, [xx] from Graham North Carolina please stand to be recognised thanks for joining us Senate's on the motion Senator Robinson of Guildford coutitlehe chair is happy to extend courtesies of the gallery to Mrs June Brent teacher at Mindenhall and Leslie Brent were daughters of sophomore Benedict college they're with us from the gallery here form the pleasant garden and the parents of Brian who is a page with us in the Senate tonight if you're in the gallery with us please stand and ve recognised Thanks for joining us senator Turker is recognized for a motion Mr. President than you, I arise for a number of bill referring for calender motion. You have the floor senator. Thank you house 595 [xx] in law enforcement and certificate requirement is on tonight calender, I wish to have the bill from tonight calender, and please don't waste the floor calender. Was it 595 senator? Yes sir, house bill 595. The objection so order house bill 909 sale of the antiques, spirits and liques is currently in the committee enrolled and here to refer the bill to the committee on commerce with the serial refer to the finance committee. The objection awarded. House bill 7 95 simple reform, is currently on the committee of laws I need to refer the bill to the committee on environment natural resources, the objection is awarded. House bill 332 natural gas economic development infrastructure is also in laws I need to refer the bill to the committee of commerce with the serial refer to finance. The objection is awarded house 303 distinct resolution amendment need a sale refer to the appropriation on base budget. The objection and finally Sir, Senate Joint Resolution 714 honouring our Duke NCAA Championship is currently in the Committee on Rules. I move that it be recalled from Rules, and placed on the beginning of tomorrow's fore[sp?] calendar for consideration. Without objection so ordered. Thank you. Thank you, Senator. So Senators, that takes us into
our calendar for this evening. Starting with local bills on third reading House Bill 110, the Clerk will read. House Bill 110, Cherokee/Rutherford County /Clay Boards of Education elect. Do we have any discussion or debate? Senator Brock for what purpose to you rise? I'd like to send forth an amendment Senator Brock you can send forth your amendment. Clerk will read Senator Brock moves to amend the bill Senator Brock is recognized to explain the amendment thank you Mr president, this just adds Daville and [xx] counties into the mix, I urge your support Do we have any discussion or debate on amendment one, any discussion or debate on amendment one, Senator Stein for what purpose do you rise? Thank you Mr. President to see if the amendment sponsor would yield or a question, Senator Brock do you yield? I do Is this a request that emanated from the school boards in [xx] it came from the local authorities in each county Follow up question Mr chairman [xxx] Senator do you yield? Yes Do the boards state your opinion one moment I know they came from resolutions at their county executive meeting for the parties and the conviction and David and I know that there are no lists in the commission of David, there are school board members who have commissioned themselves, who once have been there with commission supportive any further discussions or debate on amendment 1? Hearing none, the question for the senate is the of minute one, all in favor vote Aye, oppose to vote No. Five seconds we'll add for the voting, clerk will record the vote. 34 having voted in the affirmative and 11 in the negative, amendment 1 is adopted. the bill was amended is back before the body, do you have any further discussion or debate? Senator Sain propose your ayes, question for the bill manager. there's a senator Davis, I have your name down for that. Senator Davis you yield for a question? I do yes sir, thank you Mr. President. senate Davis, I got an email from a member of the Board of Education from Rutherford County, saying that the board of education was opposed to this, I don't know it was a former resolution or not do you know what the positions of the Board of Education are in each of the counties, effective of other legislation? I believe that I can't speak for Latifah, but I can speak for Clea and Jackie. My understanding is, I shouldn't say I can't speak for them my understanding is that, Members Of the Boards, disagree with this. Of the Boards Of education any further discussion or debate? Hearing none, question four are the senate is the passage of the senate committee substitute to house bill 110 as amended on it's third reading. all in favor will vote aye, oppose will vote no, five seconds bill act for the voting, clerk record the vote. 32 having voted the affirmative and 13 in the negative in the Senate committee substitute House bill 110 as amended passes its third reading and the amendment will be attached, will be sent to the House for concurrence in senate committee substitute. I'm sorry the amendment will be engrossed and will be sent to the House for concurrence in the Senate Committee substitute. Moving on to public bill second reading roll call senate bill 160 clerk will read senate bill 160 enhance safety and commerce for port inlets senator Brown is recognized to speak to the bill. Thank you. Mr. President First before I would like to run an amendment if I could. Senator Brown you send forth your amendment clerk will read Senator Brown moves to amend the bill, Senator Brown is recognized to speak to the amendment all the amendment does is remove section 10 of the bill, which was the piece that established Oregon Inlet as a transportation quota, Do we have any discussion or date on amendment one,? Hearing none Sen. Ator Lee for what purpose do you rise Senator Lee is in the chamber. Is there any discussion or debate? Do we have any discussion or debate on amendment one hearing none question before the senate is the adoption of one on favor vote I oppose vote no five seconds to be allowed for the voting, clerk will record the vote Miksic[sp?] aye 46 having voted
in the affirmative zero in the negative amendment one is adopted the bill as amended is back for the body Senator Brown is recognized thank Mr. President those of you that were in committee down the day and heard this debate first of all I need to again thank many of you who helped to support last year hen we created the shaldraft[sp?] inlet fund as many of you know the federal government has put pretty much all the funding for dredging in the coast those dollars were uniform 7-10 million dollars and what we have tried to do establish a fund to replace those dollars because those earnings were so important to the coast of North Carolina. I'll try to run through this Bill fairly quickly because we had such a good debate and for meeting, and I will try and answer any question after words if they are any. Section one in the Bill, [xx] navigation channel dredging and light maintenance span, and transfers 6 million to the [xx] draft fund from the job catalyst fund for several projects, if you'll remember last year in 12, 24, there was $20 million that was going to commerce that the bill [xx] over in the house and those dollars were never allocated out, just sitting there. So this takes six million for those dollars and puts in the child draft fund. Part two the bill creates the deep draft navigation channel dredging the maintenance fund and it transfers one million from the [xx] calendar respond to go into that fund and those are for the deep draft which is more and a well met in report basically. Part three requires that the state 40-30 to negotiate a memorandum of association with the court to allow for non federal funding of dredging and related studies of maintenance at the ports and it also requires [xx] to negotiate with the court to allow for non favor funding are drudging at organ inlet. Section four of the bill directs to the department of administration on behalf of state initiate negotiation with the appropriate agencies and the federal government for an agreement to fly the federal owned [xx] necessary for the D-drive navigation channels adding access to state facilities and more on city. Section five will enact provision to provide, to the new inlet dam, which is bright order established by the core in the late 1800. Section six will provide that decision by sector to wait and modify the and state policy requirement for dregy project for shall be drop cones of them from contraindicate provision under administrative procedure act section seven establishes for coastal for water ways identification number and establishes a fees schedule for these boats which are 24 feet or larger. And it also directs 250, 000 $1000 of those sponsor under received to get wild life resources commission to set up section 8 directs the cast of resources commissioned to amend this rule for the use of temporary it was in control structures conditions, section 9 would modify allowable use, users for the dairy county aggregate tax provides that the county can use up to 3 million the net proceeds of the time for fiscal year, for maintenance of water ways in the county for particular organ inlet section 11 would add other counties post counties should list local governments authorized to remove abandoned vessels and nevitable waters within their jurisdiction. That's pretty much what the bill does try to answer any question do we have a discussion or debate Mr. President [xx] to see if the bill sponsor will yield to your question. Senator Brown do you yield. I yield Senator Brown you mentioned Coastal County is that any other counties included, I'm particularly interested in the [xx] that are in Washington and North Hampton counties senator this is a roll call bill so let me check the [xx] I don't want to tell you wrong ok Let me find out for sure follower, senator Brandy [xx] follower yes do you know now this bill will address the issue with [xx] they cause a navigation problem these waters, the lakes and the [xx]? It does do just with dredging [xx] is a little bit different so these are trading dollars any further
discussion or debate senator Ford what purpose do you rise? See the bill sponsor for any kind of question senator Brady do you yield, yes senator Brady can you go back to transfer of funds from the department of commerce and can you tell us again how much that is it's a total of $7 million it's from the [xx] fund that was in what 1224 the end of last session that we passed here but it got to the House and got back down it did not pass so the're $20 million of unappropriated dollars it take $7 million of that for 6 million for the [xxx] piece and 1 million for the [xxx] fund. Follow up Mr president Brandy for follow up I do can you share with us from recollection what those funds would have been used for if the bill had past. They would have been for commerce to recruit businesses or as an incentive fund and the reason we felt like this was important is this is saving quite a few jobs I know in Derry county particular many, many jobs. Last follow up Mr president, Senator Brady [xx]. Yes, this is one time funding is that correct? Meaning that this won't happen again unless there's another amendment or piece of legislation that would require transfer from commerce to inlets in North Carolina. That is correct then, the Bill also has that whether East or West so hopefully we won't have to worry about additional Dollars. Any further discussion or debate? Hearing none, question for the senate is the passes the committee substitute to senate bill 160 as amended on it's second reading All in favor vote aye, those opposed no. Five seconds to be allowed for the voting plus to record the vote. 45 having voted in the affirmative and one in the negative, committee substitute to Senate Bill 160 passes it's second second reading it will remain on the calendar. Senate bill 513 the clerk will read. Senate bill 513 North Carolina for March 2015. This requires a motion Senator Tucker, you're recognized for you motion. Yes sir, Mr. President I move to allow staff to come and Senator Jackson on the floor during the discussions of this Bill. Objections are ordered, Senator Jackson is recognized to speak to the Bill. Hey Mr. President, members, the [xx] 2015 is, as I tell Senator Rachael[sp?] is a working progress always on the firm because there's always things popping up that are changing dramatically and we're trying to get our laws to match the 21st century that we are falling in. So I'm trying to run this very I know there's an amendment that is going to be run, Senator Brian has the amendment when we get to one section, we might have another one, I'm not sure, but bare with me and I will try and be as brief as possible so I don't get the House [xx] Session number one it revises the whole to information at, this basically is a request to the host council that increases the fees from $24 and this day is fully refundable, I would also like to say this bill has been heard in three different committees so I think every piece of this bill has been heard at some point and time, at least once if not three times. section number two confirms as to why without the federal standards we will just mere it, mering our North Carolina laws to match the federal laws. section number three establishes policies supporting sustainable agriculture, these bills the North Carolina at the forefront of the sustainability debate that at the finance sustainable agricultural prices as evidence based, in affirming that it would be the policy of this state, to support such practices. Section number 4 modifies oversize vehicle, from that time restrictions, this reduces the number of holiday from six to three and removes Labor Day, New year's Day and Memorial Day and allows the transportation of these vehicles on Sunday. Section number 5, allow over-sized transportation of hay bales, this will allows growers to and from market to haul these round hay bales, to side by side, whereas now they have to haul them in single stack but this will allow them to do that. Section No. 6, a [xx] center requirements for certain agricultural vehicles, this provision gives law enforcement officers on the saying of an action,
a clear and [xx] guideline to use to determine whether or not the farm equipment could have been right or center at the time of the collision. Section number 7seven increases the speed limit for exporter vehicles and clarifies the exemptions. And basically since the law was originally written, advances in technology have allowed these vehicles to go from 25 to 45 miles an hour and this basically will allow them to do that. as follows to clarifying exemption that adds speed, to the definition to account for vehicles that are used to distribute feed to livestock operation. Section number eight allows ATV and utility vehicles used for [xx] on public roads. Section number nine clarifies road weight limit exception, for transportation the by products and this is basically we are adding the word 'dairy products' to the definition of the exemptions. that basically is most of the transportation issues, and I just want to say the highway patrol is fine with all these rules that were putting into place with these laws and they have no problem with them. Section number 10 will establish voters farmers from meteorological towers, this provision is request from the Department of Agriculture on behalf of agricultural aviators, and emergency services aviators personnel. Section number 11 allows shell fish codovation is submerged to quartic digitation. This provision will ensure that the North and I say shell fish farming industry is prepared to compete when federal regulations change to allow shell fish farming and submerge the aquatic devastation. Section number 12 present you star your modification it clarifies the definition of and court room and preview the present use value to include horse farm, so we currently believe in this but there is some that we are not seeing in that waste the law. Section number 13 is termination of the conservation lease. This legislation provides the council of state from termination of the a state [xx] for economic and development purposes and it allows the land owners a grand of permanent provision in his field agreement, require agent holder the to obtain his/her successor the same before terminating or sententiously modifying the [xx] this process will not interfere with property condemnation or animal domain. Section number 14, the one most talked about here in the whole [xx], is the transfer of the cabinet server programs to the Department of Agriculture, and this language is a result of a great deal of long, long, long and long discussions between the Department of Agriculture and Consumer Services to Wildlife Resource Commission and to be a farming industry, and all three of these are in agreement with this language. Section number 15, allows an alternative disposal of hard plastics Section 16 amends the definition of a new animal waste management system. This provision will allow hog farms that are vacant for more than four years to keep their permit rights without them being zeroed out automatically. Section number 17, directs the Division of Marine Fisheries and Wildlife Resource Commissions to develop an American Eel plant again. This is one that some of you might not heard, but apparently there's a market for these small baby yields and this plan will allow it to be put in place. Section 18 any money from it changes this provision ensures that these individuals engaged in agriculture are exempt from manning xx pro-meeting requirements. Section 19, Amend the holding and advertising period of unclaimed livestock, this is the funniest one in there. Basically, I think currently now if you find a A goat roaming around and you can't find the owner, you've got to hold that thing for about 60 days before you can sell it. We actually shorting that down to 13 days. and this was on request of a sheriff somewhere in the state, so. Section number 20 modifies the Department of Agriculture and Consumer services reporting requirements, it removes the reporting requirements for the diary stabilization. This program almost never funded so there was nothing to report. It also changes the reporting date for the State and Neuter Program to give staff ample time to complete the report. Section 21 prescribes burning modification, allows North Carolina to accept prescribed burning certifications from other states. The intent is to encourage use of prescribed burning, as a land management tool. Section 22 modifies penalty for
failure by washman this provision basically says that they do not have to be charged with [xx] when it's changing to an infractions and that it takes out fine of $10 Section 23 establishes farm one requilia the farm one members of the Senate I understand what the purpose of this bill was to do and specific make great deal of it, this language was practised specifically to vote home any of the existing enterprises while at the same time promoting the growth expansion of the North Carolina shoe net home grown products and in order this for these program 75% of this has to be North Carolina grown products, section 24 name is [xx] consumer service will disclose your personal information and animal testing to gain confidentiality of the animal on special information collected by the department and laid before to generate samples submitted for analysis by those onwners they conform to the federal law also by protecting the confidentiality of these generated federal agencies. Section 25 for correction this basically just allows when we move forestry from dinner to arg there was a few things we didn't move as far as the salary and wage benefits goes and this is just qualifying that and I'll be glad to entertain any question and I appreciate your support thank you Mr president. Thank you senator, are we having any discussion or debate? Senator Brown, what purpose you rise? To send forth an amendment, Senator Brown you can send forth your amendment, clerk will read, Senator Brown moves to amend the bill, Senator Brown is recognized to speak to the amendment. Thank you Mr president, what the amendment does, is it deals with the powered American Hill Agriculture plan, there were several phrases, it maybe changed so it pretty much rewrites that whole provision, the key piece of the rewrite is that it basically says if the plan described in the section has not been approved by the Atlantic States Marine fisheries commission by January, 1, 2016, the division of marine fisheries commission shall make available permit pursuant to the authority under the statute that just, I guess puts them on notice that they need to make a ruling before I appreciate your support we're having a discussion or debate on the amendment senator Jackson what purpose do you rise thank you Mr president just to speak on the amendment Senator Jackson has the floor to speak to the amendment. Thank you sir, I encourage you to support this amendment, this is a good amendment to clarify that [xxx] and we hope that it will. Thank you Any other discussion or debate on amendment hearing on the question for this Senate is the adoption amendment one all in favor vote aye opposes vote, five seconds be allowed for the voting, clerk will record the vote. 46 having voted in the affirmative and zero in the negative amendment one is adopted the bill as amended is back before the body so is there any discussion or debate senator Brain what purpose do you rise? To sent forward my amendment to sent forward your Ms. Alexander. Clerk will read. Is on the desk forth Thank you senator Senator Brian will speak to the bill Senator Brian is recognized to speak to the amendment. Thank you Mr. President ladies and gentlemen of the senate I want to appreciate senator Jackson and other bill sponsors department of agriculture and the wildlife commission for the long long discussions about captive service and for agreeing to this amendment which basically just formerly realizes what they already said they are going to do which is that the agricultural department and the wildlife commission can enter into a random of agreements authoring joint enforcement activities and it may allow enforcement activities on captives serving at the facilities in the instances of illegal importation which many of my constituents are concerned about as well as it can provide for additional activities as they deem appropriate. So it makes it clear that even with the strong firewall between [xx an]d wildlife created in the they are authorized to engage in joint enforcement activities. I think all the parties support the amendment and I would ask for your support as well Senator Tillman for what purpose do you rise? To ask Senator Brian a question. Senator Brian do you yield? Reluctantly Mr. President. Senator Brian, I was listening attendantly as I can which is about 40% at what are we memorializing in your amendment? We're memorializing that while life and the Department of Agriculture can enter into joint enforcement activities. We are moving from where wildlife has all of the enforcement, to
where now it's between the two of them. Thank you no doubt about that. Senator Jackson for what purpose do you rise? To speak on the amendment. Senator Jackson has the floor to speak about the amendment. Thank you Mr. President Members I spoke to Senator Brown. She brought this to my attention last week and I have discussed it with the parties involved, and this was their intention all along and so I ask for your support on this amendment. Thank you. Any further discussion or debate on amendment 2. Hearing none, the question before the senate is the adoption of amendment 2 favourable aye, opposable no. Five seconds to be allowed for the voting, the Clerk will record the vote. 46 having voted in the affirmative and zero in the negative, amendment two is adopted. The bill is amended is back before the body. Any further discussion discussion or debate? Mr. President. Senator Broke for what purpose do you rise? To speak briefly on the bill. Senator Broke has the floor to spaek to the bill. Thank you Mr. President, members of the senate. I can't go without thinking staff will work on this bill. This is a very time consuming bill that takes up our time and since started introducing the first step of round of farm bills starting back in three years ago, the impact it has had upon our are number industry are number one industry aggro-business has been fernominal and we're doing a lot of good work for a lot of farmers all over the state from the mountains down to the cost and into the Piedmont and into the flat lands as well we're doing a lot of good work and its about time we started putting agriculture in the offense instead of the defense I urge you support the bill any further discussion or debate senator Brian for what purpose do you rise? To sent forth another amendment you can sent fourth your amendment senator clerk will read Senator Brian moves to amend the bill Senator Brian is recognized to speak to the amendment Thank you Mr president in addition to moving the jurisdiction over deer farming from wild live to agriculture this bill also authorizes the expansion of deer farming on the state and also set in motion of importing deer captive deer for deer farming in the state all of which would be all new in the state one of my county that I represent Halifax County has I think the population of whitetail deer in the state. Deer hunting is a major economic development in tourism activity so you can imagine that they are a little concerned about having this new competition between deer farming and what they consider to be the sacred public trust doctrine Doctrine of making our wildlife resources available to everyone. I also want to echo what Senator Block said and thank the staff for their help on this. Because I didn't know what a farm survey was, it took me a couple of weeks just to find a provision in the bill. But what this amendment would do our county and also the wildlife federation they're very concern about the introduction of chronic wasting disease in the state. They were comfortable with the action plan, that the wildlife resources had for chronic wasting disease and not sure exactly what will happen in that regard when egg moves, adopts their rules for the farm services, and are worried that this bill also will preempt any local authority. The local government can't enact any ordinances that will be more limiting than what the state bill requires. What this amendment will do, it will authorize local ordinances to be they can be adopted again it's permissive if they don't have to, if the department identifies any chronic wasting disease positive surveyed within the State, formed or unformed, then counties may in that instance adopt an ordinance to prohibit the issuance of any new or additional licenses to hold a captive service, that is they could limit any new forms or the expansion of existing forms in the event of the presence of the disease and the state, and they were concerned with maintaining at least that much control. And so I'm asking you support the bill, this amendment on behalf of these local governments and also the Wildlife Federation. Thank you. Senator Jackson, for what purpose do you rise? Speak to the amendment. Senator Jackson has the floor. Thank you, Mr. President. Members, Senator Brown brought this to me as well last week, and I have looked at it and I've discussed it, and I talked with her even as late as just a few moments ago.
I can support this amendment, we do not believe the bill currently the way it's written there will be no transportation observe a deer or any deer until there's a lifesy[sp?] DBD developed and there has not been one done, and we think this undermines what they [xx] out commission of Department of Agriculture, and the deer farming industries is trying to do, so what I ask that you vote no to this amendment. Thank you, Mr. President. Any further discussion or debate on amendment three? Hearing none the question for the Senate's adoption amendment three, on favor vote Aye, oppose will vote No, five seconds the bill is out for the voting. The Clerk will record the vote. 20 having voted in the affirmative and 26 in the negative amendment, three fails as the bill as amended is back before the body. Any further discussion or debate? Mr. President. Senator Jackson for what purpose do you rise? To speak on the bill. Senator Jackson has the floor to speak to the bill. Thank you Mr. President, thank you members. I just want to [xx] what Senator Brock has said and I appreciate Senate Brock's help on this bill and we could not have done this without staff's, great corporation from our own staff here and our personal staff that we have in our offices and I just want to tell them, thank you, and I appreciate the support that you have always shown so far to me on this bill, and to the agricultural industry in the State. Thank you, Sir. Senator Mackesirk for what purpose do you rise? To see if Senator Jackson will yield for a question. Senator Jackson, do you yield? Absolutely. And Senator Jackson, there's provisions in this bill, I'm looking specifically at Section 16, dealing with new animal waste management systems, and it talks about allowing unused system that have been unused for four years to come back into service, but they'd not have to meet current regulations. Could you speak a little bit to that on terms of what purpose and the intent was in terms of, it looks like grandfathering those existing facilities? Were taken I guess it relates to whole farms and then secondly there's a provision below there which talks about there could not have been animals in the site for five continuous years or more some final reconcile before years and you could not have been out of service with five years you could not have animals there as well. You can help me with that share with me what the purpose intend was in place that language in the bill Mr. President? I'll be glad to answer that, thank you Senator McKissick, that's an excellent question and basically what it amounts to is what you said we our grandfather and those facility and in the old rules because currently are the new rules there is not one operation enable to be developed under the current new rules which we call The Moratorium their has not been any operations enabled verbally and physically accomplish everything that was set out in that legislation years ago. So this would allow a facility that has been vacant for four to five years that they still maintain there phobia as before they were when they went out of business. Mr. President follow up record Jackson do you yield for follow up? Yes sir. Senator Jackson do you have any idea about how many farms we're talking about? How these facilities that will be perhaps out there today that have been abandoned or unused, we likely will be alowing to go back in the operation Mr. President. Thank you again Senator Mackeseck. I ask that question there is not a definite number, but they said it was around 20 they felt that this will help. 20 operations, 20 farms. Okay, and Mr. President final follow up. Mr. Jackson do you yield? One more. And this is just to get an idea of what the universe those types of farms overall were talking about 20 that are abandoned or unused you have any idea what number are that are currently in operation in the our state? Mr. President I would endorse Senator McHesy but I would say is in thousand of hard work operation in this state. Thank you Only 100 excuse me 21 hundred Senator Mackesie. Thank you. Do we have any further discussion or debate on the bill? Senator Davis, for what purpose you rise? To see if Senator Jackson will yield for a question. Senator Jackson, do you yield? Yes, sir. Thank you, Senator Jackson. This is the third farm bill that you've brought since we've came in 2011. The other two have resulted in increased food prices. Is this one going to the same thing? Mr. President. Thank you, Senator Davis, for bringing out that point at this point and time, I really appreciate that. Actually we have no control over the cost of your groceries. That is beyond our control, but we're doing everything we can to make our operations more efficient so that we can sell food for less. Follow up?
Senator Jackson, do you yield for follow up? Yes, sir. Thank you, Senator Jackson. That was tongue in cheek. I appreciate what you do. All of us eat regularly, some of us more than others, but I really appreciate what the farm bills have done and what our farmers do for North Carolina. Thank you, Senator Davies. Do we have any further discussion or debate on the bill? hearing non the question before the Senate is the passage of the committee substitute to Senate Bill 513 as amended on its second reading. All in favor vote Aye, opposed will vote no, five seconds to be allowed for the voting, and the clerk will record the vote. 44 having voted in the affirmative, and 2 in the negative, committee substitute Senate Bill 513 as amended passes its second reading and that will remain on the calender. Moving on to public bill second reading non roll call. House Bill 405, the clerk will read. House Bill 405 public protection act. Senator Jackson is recognized to speak to the bill. Thank you Mr. President. House Bill 405 basically qualifies and [xx] those are North Carolina case laws to better protect property owners, it does not create a criminal penalty. It does not mark touch or even open our whistleblower law. They're completely exempt in this bill and it makes clear that these individuals cannot be held liable, it also has been vetted very much in the House and I'm thankful to Representative Szoka and as well as the other sponsors of this bill that also Representative and the great glacier worked tremendously on this billand has made it as good as it is today andbi would ask fir your support I'll be glad to entertain any questions Senator style for what purpose you rise send forth an amendment Mr president Senator Stein to send forth an amendment, clerk will read Senator Stein moves to amend the bill Senator Stein is recognized to speak to the amendment Thank you Mr president members of the senate, I understand what the purpose of this bill is to do and I'm sympathetic with a great deal of it I think that organised retail theft which already a crime should open somebody up to civil liability I think that we shouldn't have acted substantially interfere with the ownership or possesion of real property I think it's wrong to plant the camera and just leave it and somebody that's private property for extended periods time without the property owners knowledge I think that's wrong. So there's alor I this bill that I'm sympathetic to I worry however that it just goes a step too faf and what my amendment seeks to do is to bring it back to what I think where the line should be and the balance between the property owners interest and the public interest the bill sponsor mentioned that the law the bill will do nothing nothing to change North Carolina laws to whistle blowers that's all in section E of the bill subsection eight highlights North Carolina law but it's actually much more limited than what people think whistleblower law protection before it really only applies on circumstances of employee rights as it relates to the wages they're paid workers compensation and osha so Whistleblower laws just to iterate protects workers from blowing the whistle on employers who LA wage an hour wager Ousher[sp?] and workers Coup law so if they are messing with employees right s then yes you have a right to protect self if you bring that violation forward you wont be punished for doing so. Our Whistleblower law or does nothing for an employee who bring forth a violation of the law that affects the general public nit the employees the general public so for example if their is a pharmacy that compounds drugs and they are compounding out of date drugs they put public health's at risk health and life at risk and an employee discovers that and films doesn't take some picture of that out of date pharmacy or drugs they will be in violation of the statute they will be open to all manner of damages as articulated in the bill equitable relief compensatory damages court fees and cost and exempt exploratory damages of 5000 per day, to do something to help the general public to make our lives much better they're opening themselves up to the threat of civil liability. A paralegal at a law firm, there's a lawyer who is too lazy to comply with the Identity Theft Protection Act. They don't want to take the time to shred documents that have people's personal sensitive information on it, they just want to throw it away because it's a cost they don't want to incur and they're
going to put all their clients' personal information at risk of being stolen by an identity thief. If that paralegal photographs those documents in the trash can, they are in violation of this law and are subject to all manner of lawsuit because it has nothing to do with their employee rights, it has to do with the public's right in having their identities protected and not to become a victim of crime. A food processor who is processing meat that is of date, has all the places just violating every single health safety code that is known to man, so that the meat they're processing has the potential to put anyone who consumes that meat at serious health risk if they take a picture of that out of date or damaged meat they`re in violation of this statute in subject to a law suit, we should not be going so far when an employee who`s bonafide they want hit there to get the job because they need to get paid, they do their job they consent is for wherever reason they can't go to the employer because they think the employer will listen and they take a picture of it somehow makes the general welfare better, healthier, safer, we should not decreate a descent center, we should not be opening that liability, my amendment is pretty straightforward it simply says there s an affirmative defence in any action brought under the section it alleges the violation of [xx]? Those are the two subsections where an employee takes the picture or sounding recording if the party is serving the defense the employee sustains the verdict to prove there was a violation of law it`s pretty simple if the employee uncovers a violation of law society is better of and they should be subject to liability vote on this amendment, happy to take any questions Mr president. Senator Jackson, for what purpose do you rise? To speak to the amendment. Senator Jackson has the floor to speak to the amendment. Senator Stan I appreciate your concern and under normal conditions you and I are see around thing most of the times but I have to disagree with you on this, when you bod a couple of thing that you said that if they take a picture of recently public. This has nothing with the general public, this has to do with the employees going in the places the employees are mot allowed to go. So I don't see what that would part of the are problem are getting, as long the employers has granted the employee permission to move in those facilities, there is nothing and here that will stop that. So I think this amendment is unnecessary and if we came to a vote on it, I will appreciate you very much senator Stun your purpose arise? Senator Turker your purpose arise? Mr. President motion Senator Tucker has forward for motion. Motion to lucky memo that lie on the table. Senator Blocker for purpose arise. Thanking the motion motions will lay upon the table, it's a non debatable motion, so we will vote on this motion and this time, all in favour will vote aye, oppose will vote no, 5 seconds will be allowed for the voting, clerk record the vote. 28 having voted in the affirmative and 18 in the negative, the amendment won to pulling the table, the Bill under-amended is back before the body, is there any further discussion or debate? Mr. President. Senator Starnes for what purpose do you rise? To debate the bill. Senator Stan has the floor to debate the bill. I respect the bill sponsered he knows it, I disagree with his reading of this Bill. The Bill clearly says on lines 26 and 28 page one, any person who intentionally gains access to the non-public areas of another's premises as anywhere in the employment, and the place in employment, it isn't where the consuming public can go, and engages in act that exceeds the person's authority to enter those areas is liable to the owner. I assure you that under no person's contract of employment doesn't say you're authorized to film violations of law. So, by definition if you do these thing you have exceeded your authority and violation of the law this bill does not have to be written so broadly you can accomplish exactly the same things that you want to do in terms of protecting people's private property without putting the public's health, safety and
risk the public will be worse off as a result of this bill. Their would be violations of law that occur that would not have otherwise occurred because of this Bill. I will not support this legislation and ask you to oppose it as well. Any further discussion or debate. Senator Jackson, for what purpose do you rise? Thank you Mr. President, to speak on the bill. Senator Jackson has the floor to speak to the bill. Members, and I agree, Senator Stan and I do have a great respect for each other, and I appreciate your comments, but I disagree I'm not an attorney, but that is what the attorneys do they agree to disagree in some cases and as for non-attorneys get to pay the fees both ways, but there's a key word in here that I think you're leaving out, and that is the intentional, any person who intentionally gains access to the none public areas of another person's property, it's intentional and I disagree with your analysis on this particular piece of it that I appreciate your comments and members I'd ask that you support this bill. Mr. President. Senator Richard what purpose do you rise? To debate the Bill. Senator Richard has a forward speech in general. Thank you Mr. President, members of the senate. I think this is an important piece of legislation because one main reason is it does provide protection of property but it also sets the pendulam to the middle, and allows property owner to have the same rights and ability as someone else, and without that, without this bill being in place it is queued in the wrong direction it should be balanced like we always try to do and to have the law treat everybody the same, there are plenty of protections in the bill to allow for whistle blower when necessary and when they feel it's important to be able to come forth and clearly are in a problem that may be going on with the native frame area, so reasons no gentlemen and ladies on senate please I will ask you to support this bill and I believe it will move in the right direction. Thank you senator, senate this time to dismiss our page is after the 8 o'clock hours of pages and you can go on and head home, and we will do introductions of pages tomorrow. So thank you Pages for serving us tonight, but you can go ahead and be dismissed Senator Robinson, did you want to speak to the bill, I saw your light come on a second ago? Do we have any further discussion or debate on the bill? Senator Robinson, for what purpose do you rise? I want to ask him a question but my mic has thank you Mr. President, to ask the bill sponsor a question or the handler. Senator Jackson, do you yield from a for a question from Senator Robinson? Yes Sir. Senator Jackson, I need some clarification in terms of the impact of this And my concern, let me give you a couple of examples and you'll let me know where that lies and if this impacts. For instance, if there is an employee, and works at a food processor area and they only have to do with the front office, has nothing to do with the processing etc. But has some suspicion that there may be some contaminated meat in an area that is not within their responsibility and they take a picture of that, and they share that, which is, does this bill prohibit that, does it support it? Tell me how this bill impacts that. Mr. President. Thank you, Senator Robinson. I appreciate the question. This bill will protect that employee you just mentioned because, they can take that picture and turn it over to the authorities, authorities and then that matter will be addressed. Do we have any further discussion or debate? Senator Mackesic for what purpose you rise? Speak on the bill. Senator Mackesic has the floor to speak to the bill. I have gotten a lot of emails about this bill, a lot of calls about the bill the thing about this bill that gets me some hard earn are the provisions here as it relates to damages. What we have created here, which does not exist
today, is the opportunity for a court to impose punitive damages [xx] separate part of me that's not only punishment for an activity. It's one thing when you ask the court to award you compensatory damages, [xx] make you whole for your losses, but you don't know what a judge may impose adjourn my impose in terms of punitive damage this sometimes they can be outrageously excessive and addition to the language dealing with [xx]. When In seat here and I look at some of the language here, and I see [xx] way someone who was involve in relatively innocent conduct, someone who might unintentionally, in a non public area, and one could do that an an employee walking on something they didn't know they are walking on a plan, see something that was not will create that activity that and may have calculated on cell phone and they did that it is not clear to me whether that is going to protected and unprotected and that person might well have legitimate public reason to clear that information because of concern for public health safety and welfare and I will hate to see an individual under those circumstances, then being be penalized with the possibility of facing punitive damages here in attorney's fees, by the aggressive attorney representing that cooperate interest and it's out of that concern that I cannot support the bill Do we have any further discussion or debate, hearing none the question before the senate is the passage of committee substitute House bill 405 all in favor vote aye, opposed will vote no, five seconds will be allowed for the voting, clerk will record the vote. 35 having voted in the affirmative and 11 in the negative, committee substitute house bill 405 passes it's second reading, Senator [xxx] for what purpose do you rise? To object to third reading. Senator [xxx] objects to the third reading, it will remain on the calendar. House bill 595 clerk will read. I'm sorry it was taken off the calendar. House bill 659 the clerk will read. House bill 659 internal substitute update for [xxx] Senator Newton is recognized. Thank you Mr president, I had lost track of where we were, this is one o those fine pieces of legislation that comes over from the house, this is the update to the control substance, matters that deals with Methamphetamin Methamphetamin I think the bill is fairly self explanatory committed to you it's been vetted in committee I know of no opposition to it, so are there any questions I'll try to answer them thank you. Thank you senator, do we have any discussion or debate? Hearing none the question for the senate is the passage of house bill 649 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. That objection will be read a third time. North Carolina General Assembly enact. Any discussion or debate? Hearing none the quest before the senate is the passage of House Bill 659 on it's third reading. All in favor say aye, opposed no. The ayes have it, House Bill 659 passes it's third reading and will be enrolled and sent to the governor. We've one bill for concurrence Senate Bill 90 the clerk will read. Senate bill 90 required number of operating brake lights. Senator Cook is recognized to speak through the bill. With my support the house amended the bill to change the effective date. The effective date is now October 1. I ask for your concurrence. Senator Cook ask that you concur and house committee substitute to senate bill 90. We've discussion or debate? Hearing none what's represented as the passage of concurrence of house bill substitute to senate bill 90 all in favor vote Aye, oppose votes No, five seconds Bill after the voting, the clerk will record the vote. 46 having vote and the affirmative is 0 in the negative, the senate concurs and house committee substitutes to senate Bill 90 be enrolled and sent to the governor. And that wraps up our calendar for the evening.
do we have any notices or announcements. Senator Merganser what for purpose to arise. 274 phase senatorial statement. You can send forward your statement Senator and you have the floor for a moment personal privilege. Thank you very much Mr. President, ladies and gentlemen of the senate, I have the house on a distinct privilege to speak about a gentleman tonight who is a great American an outstanding North Carolinian and one of our most famous in one of all around most famous, native sons of Richmond county. Dr. Jerry McGee has dedicated 40 years of his life to the education of his citizens throughout South Carolina he started out in 1971 at Richmond community college, one on the [xx], one on the Meredith college [xx] college in Wingate college where he made it Wingate university, added a pharmacy school there, tripped its enrollment became a doctoral granting institution had over 25 new campus facilities as well as increasing the getting and the annulments. During his spare time, he spent 36 years serving as a referee college football games and officiating over 400 games including several games in the BCS championship games in 2009. Again during his free time, [xx] his abords and commissions throughout North Carolina and even the chair the unions [xx] development ladies and gentlemen, just a wonderful past, a great history, North Carolina's sports hall of fame and the order of the all leaf palm but I can tell you where he came from, from very humble beginnings, where he started on a little mill hill called Rablerdale North of Rockingham there, with his family and they started again with super humble beginnings and he did not let that deter him. He took up the mantle, he ran the race, he's done what he's supposed to do and he's a world wide following of folks who know what he has done for public education in North Carolina. And I commend him to you and to everyone who then the sound of my voice, thank you very much Mr. President. Thank you Senator, and upon the motion of Senator [xx] of Richmond County, the chair is happy to extend courtesy of the gallery to Dr. Jelly Margie and family, Dr. Maggie please arise and be recognized, thank you for joining us in the senate [xx] Senator Jackson I propose you rise Mr. Chairman is responsible I would like to throw my objection to third reading of the house bill 405 Senator I will adjur objections to senate bill 405 so house bill 405 am sorry the house bill 405 of the clerk will read. House bill 405 public protection act. We have a discussion or debate? Hearing none, requesting for the senate to pass this the committee substitute to House Bill 405 on its third reading all in favour will vote aye oppose will vote no 5 seconds is left for the voting clerk will record the vote Chairman Brian, no Chairman, 32 having voted on the affirmative and 13 in the negative, committee substitute house bill 405 passes it's third reading, it will be enrolled and sent to the governor senator Gown I propose you rise probably to make an announcement you have the floor for announcement senator. Thank you Mr President tomorrow Commerce will meet at 11 o'clock we will take up two bills they have been posted on on the website. Senator Tucker for what purpose do you rise? Mr President to make a comment on the senatorial statement belated please. You have the floor senator thank you sir. Doctor McGee thank you so much for being here while my friend from Richmond county claims him so in Rockingham, I have to say that when you get to universities in Union County, and that's where Dr. McGee spent most of his years in education building university second to none in the state as a private university all the accolades we've heard about Doctor McGee let
me tell you one about him that he or may not remember I had served as a county commissioner in Union County for four years and then got out of politics to see my children grow up of course Dr. McGee knew my wife and my daughter was trying to determine where she was going to go to school and so Dr. McGee happened to see Diane and Lesley as they walked around he campus when you get to university and ask Diane what they were doing there and she said Doctor McGee we are trying to decide whether Lesley is going to go school year or not or where she is going to get a school he said well meet me in my office at such and such a time and I want to know let you know that this man took time out, his secretary came in twice while he was talking to may daughter convincing her to look, when she get to university told me he had another meeting and he like so many times in fundraising did never leave until he had the deal, my daughter decide to get you were always there for the student you were always there for the university and that`s the kind of man you all I'm proud to be your friend Dr. McGee[sp?] Senator Krawiec, for what purpose do you rise? Moment of personal privilege. You have the floor Senator. Thank you, Mr. President. Senators, I'm sad to report the death over this past weekend of Evelyn Horton Rickert. She was the wife of former Senator Ham Horton who held Senate District 31, the seat that I'm now privileged to hold Evelyn was teacher for many years, and she was very involved in the arts and history and supporting our museums in our community and throughout our state, and Mr. President, with your permission I'd like to request that we adjourn today in honor of Evelyn Horton Rickert. So ordered. any other notices or announcements? Any further business to come before the Senate? If not, the Chair recognizes recognizes Senator Berger for a motion. Thank you, Mr. President. I move that the Senate do now adjourn in memory of Evelyn Horton Rickert subject to standards and stipulations set forth in Senate Rule 24.1, the receipt House messages and the ratification of bills, to reconvene on Tuesday May 19, 2015 at 1:45 PM. The motion is that the Senate do now adjourn, subject to the stipulations stated by Senator Berger, and in honor of Evelyn Horton Rickert, to reconvene Tuesday, May 19th at 1:45 PM, seconded by Senator Jackson. All in favor say Aye. Aye. Opposed No, the Ayes have it. Senate stands stands adjourned.