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Senate | May 27, 2015 | Chamber | Senate Session

Full MP3 Audio File

Senate will come to order, Sergeant at Arm will close the doors, members will gather their seats, members and the guests in the gallery please silence all electronic devices. Leading the senate in prayer is the Reverend Peter Milner Senate Chaplain, all members and guests in the gallery will please stand Let's pray, Father in heaven we come before you and you have promised such great things when you have said no one will snatch us from your hand, this is great assurance that you will never let us go and Lord also I pray for this people and for myself the way we need to be comforted that this truth will comfort and when we need to be afflicted, that you would afflict us, and when we need your wisdom, we will but ask of you help this body, help the executive branch, the judicial branch spend more time drawing near to your throne of grace, because in this place will find all we need, it's in Jesus name we pray amen. Senators, come to order. Sergeant-at-Arms is recognized. Mr. President, the Color Guard of the Tarheel Challenge of Salemburg, North Carolina is at the door to present the Colors and awaits your invitation. The Sergeant-at-Arms will now open the doors for the presentation of the Colors by the North Carolina Tarheel Challenge. halt. I pledge allegiance, to the flag, of the United States of America, to the republic, which it stands, one nation under God, ndivisible with liberty and Justice for all forward March, left, left, left Senator Burger is

recognized for a motion Thank you Mr. President the journal of Tuesday, May 26th, 2015 has been examined and is found to be correct I move that we dispense with the reading of the journal, and that is stand approved as written. Without objection journal from May 26th stands approved as written. We have a leave of absence today granted today for Senator Briant Senators we have a doctor of the day and the nurse of the day with us today, Dr. Rick Erickson of Winston-Salem, and Nurse Heather Jones of Burling ton are here with us, if you'll please stand to be recognized. Thanks for joining us in the Senate today. We also have our nurse assistant of the day with us, Amy Brindle from Winston-Salem is here as well, Amy thank you as well for serving us. Senators upon the motion of Senator Apodaca of Henderson and Transylvania counties, the Chair is happy to extend courtesies of the gallery to Judge Athena Brooks, Chief District Judge of district 29B in Transylvania County and from Brunswick County, Interim Director of the Office of AOC, Judge Marion Warren is here. If you will please stand to be recognised, thank you all for joining us today. Ratification of bills, clerk will read. [xx] bill, New Orleans clerk proposes the following bill to be ratified for presentation to the governor. House Bill 315 of an act to make technical corrections to the landlord tenant law to provide for proper collection of fees and cost for share of executing writs of possession. House Bill 570 an act to direct law enforcement in the courts to improve judicial efficiency to the use of their electronic depository commonly known as NCAWEAR, to resolve the outstanding warrants while the defendant is in custody. Do we your report to senate committees? Senator your rise Send forth a report Senator you can send forth your committee report, we can have a page grab us, bring it up front, clerk will read Senator Wade, for the Agricultural Environmental and Natural Resources Committee submits for passage House Bill 640, committee substitute number one, unfavorable as to committee substitute bill number one, but favorable as to committee substitute bill, [xx] House Bill 640 calendar Senator Apadoca for what purpose do you rise? Send forth committee report Senator Apadoca you can send forward your reports, clerk will read Senator Apadoca, for pensions and retirement agent committee submit for passage. House Bill 495 committee substitute number two, unfavorable committee substitute bill number two, but favorable as to standard committee substitute bill OSA [xx] technical changes. House Bill 70, [xx] father's retirement, favorable. House Bill 274 committee Substitute 1, Retirement Technical Correction Act of 2015, favorable. House Bill 291 committee substitute 1 Hazard Materials and Safe Deposit Box also favorable. House Bills 495, 72, 74 and 291 Calendar That takes us into our Calendar for the day Senator Apodaca, for what purpose do you rise? Motion please. Senator Apodaca has the floor for a motion. Thank you Mr. President, Members. Senate Joint Resolution 421 is the first item on the agenda. ask the Resolution to be read in its entirety please. So ordered. At this time I'd like to ask the Sergeant-at-Arms to secure the doors, and ask our Pages to move to their seats please for the reading of SENATE JOINT RESOLUTION 421, the Clerk will read. SENATE JOINT RESOLUTION 421, A

JOINT RESOLUTION EXPRESSING GRATITUDE AND APPRECIATION TO THE MEN AND WOMEN OF THE UNITED STATES ARMED FORCES. Whereas, the month of May is National Military Appreciation Month and honors, remembers, recognizes, and appreciates all military personnel. These men and women who have served throughout our history, and all who now serve in uniform and their families, as well as those Americans who have given their lives in defense of our freedoms we all enjoy today. And Whereas, North Carolina is the home of six major Department of Defense (DOD) /Department of Homeland Security (DHS) installations Coast Guard Station, Elizabeth City, Fort Bragg, Marine Corps Air Station Cherry Point, Marine Corps Air Station New River, Marine Corps Base Camp Lejeune, and Seymour Johnson Air Force Base, as well as the North Carolina National Guard and other DOD and DHS activities in organizations, where nearly 800, 000 veterans who live in North Carolina, and according to North Carolina Military Business Center's most recent data, North Carolina has the third highest active duty military presence in United States with over 1006, 400 active duty personnel, and close to 12, 000 members of the North Carolina National Guard. Anywhere else, with more than 40, 000 individuals per year directly employed by the military, are working jobs, providing goods and services that support the military's presence in North Carolina, and whereas according to recent estimates, the impact of the military on the state personal income was $30 billion and the impact on gross state products was 48 billion, which supported about 10% of the economic activity in North Carolina. Whereas in 2014 businesses with essence-related contracts operated in 79 of North Carolina's 100 counties and contributed $2.4 billion in primed essence procurement contracts on the state. And whereas the observance of the advanced recognizing the contributions of the military is tangible, and a highly effective way of sustaining morale and improving quality of life for service members and their families, and where North Carolina prides itself has been a nations most military friendly state, whereas veteran service members, their family and their communities have shouldered a heavy burden as amplified by repeated combat deployments for their nation and where the support of the family of service members enhances the effectiveness capability of the military where North Carolina is committed to supporting and promoting military within the state where they continue long term military presence in North Carolina is directly dependent on DOD, DA [xx] ability to operate not only as installations but also as training and other [xx] in its function. Create a [xx] to the national defense and whereas is therefore pay around important to the future of North Carolina to maintain the best possible relationships all the branches United State military and promote practices that maintain North Carolina prominent position the best location the military bases and training installation [xx] is critical for all North Carolinian's all North Carolina businesses, all sectors of North Carolina economy and especially all branches and agencies of North Carolina state and local government to be knowledgeable about not only the military's presence and contributions to our state but also on the military's special and unique requirements that are critical. Carry out its national offence mission. We as North Carolina also seek to promote economic development, growth and expansion of other industries within the state such as agriculture, agribusiness industry, the renewable energy industry, the tourism outdoor recreation industry and the fisheries industries. Whereas North Carolina has a vested economic interest in the preservation and enhancement of land uses that are compatible with military activities. Now therefore be it resolved by the Senate, the house of representatives concurring section one, the General Assembly expresses its profound gratitude and appreciation to all the men and women of the United States military for their selfless service and pay tribute to those who pay

the ultimate sacrifice. Section two, this resolution is effective upon ratification. Senator Brown is recognized to speak to the resolution. Thank you Mr. President. Ladies and gentlemen of the senate, this resolution I think truly touches home for several others I know Senators Sanderson, Cook, Meredith, Clark, Davis and Pate myself, have these installations in our districts and I think if you ask any of us, they will tell you that, about what these installations and the military mean to our communities. And there are baseball coaches, our Sunday school teachers, the tons of volunteer service in our community, plus just the economic, the impact they have on each of our communities is huge to those communities. We've tried to make North Carolina as business friendly, I think the most military friendly state in the country and I know we've worked on some legislation to do that, and when you look at the numbers, I think the resolution speaks for itself. When you we're talk about 800 veterans living in North Carolina. They're in every county in this state. 106 thousand 400 active duty. 4000 members of the National Guard, 540 individuals who are either directly imported by the military or working jobs, providing goods and services that support the military, $30 billion in personal income related to the military. 48 billion in state product, versus state product for the state. We've got business related contracts in 79 counties in the state and its, contribute 2.4 49 billion in prime defense for contracts in the states. I think those numbers tell it all. You know what the military means to all the others in the state through our military force commission that we really revamped last year. I think we've done some really good work and a lot of that work is to try to figure out ways that we can protect our bases through, [xx] or base realignment activities going on in the military. Some of you don't understand maybe that all the cut backs in the federal level that's going on to our military across the state. I know it was [xx] we've lost about six or 7, 000 marines over the last year, and those numbers are tough for our economy. So anything we can do to protect our bases I think it's very important, we've got several bills, I know one bill, talks about how CDL licence would make work easier for those that had that skill in the military, to get license in North Carolina. We've done a lot to ensure that funds are there to protect our military buffers for the different bases because if they can't train they're not viable and they get on that list to be eliminated. [xx] restore it to county better and services. Certified childcare and state subsidies made it easier for those facilities on the bases to get those subsidies. Of course I think the biggest one this year is in-state for some of our military personnel. So it's important we continue to support them, they mean a lot to our communities, they mean a lot to this State, and I want to thank all of you in this General Assembly for the support that you've given all of us that have those bases in our districts because again those military folks in a lot of cases they're 18, 19, 20-year olds are very, very active in our communities, and they do a ton of good work in our communities and I just can't thank them enough for what they do, and this Resolution is just a small piece of what we can do thank them, and I'd ask for your support. Thank you Senator. Is there any further discussion or debate? Senator Brock for what purpose do you rise? To speak to the Resolution. Senator Brock has the floor to speak to the Resolution. On July 25th 2013, was the, I'm not going to get emotional because it's the first vote I missed in 11 years but I got called away that day because my daughter was born, and it was our last day of session and normally we're waiting around here for bills to get heard, but I was going to stand up that night and remind everybody about it was the 30th Anniversary of the Beirut bombing and the 20th of Somalia. I just want to say to those in our community in the military that you're more than just our friends, that you're our family as well.

Thank you. Senator Sanderson, for what purpose do you rise? To speak briefly to the Resolution. Senator Sanderson you have the floor. Thank you, Mr. President. I can't let this opportunity go by to publicly thank the men and women of our military. For the last five years, I've had the distinct privilege of serving them in the North Carolina General Assembly. I have found always them to be the most honorable, the most courteous, the most hard working people that I've ever been associated with. For 15 years prior to being in the General Assembly, I was able to run a small business in Havelock, home of Marine Corps Station Share Point. And had the privilege of providing service to a lot of military families, through looking after watching over their children. Some of the most rewarding times I've ever had was playing the part of outstanding dad, when dads went overseas, when dads went on deployment. One of the hardest things I ever had to do, was accompanying a wife of a former Marine, when she went to tell her daughter, that her Father wasn't coming back but it was also one of the things that I'll never forget. That young lady has graduated from high school now and still comes to see my wife and I whenever she knows we are in the City of Avalon. It's times like that and as Senator Brown said, our marines and our sailors and our National Guard and our soldiers are not just there to protect us when we have an enemy in our door, they are such an integral part of our community. When I would ask for help to do something at my childcare center most of the time it was members of the military who showed up to do that work. A few years ago when the county that I live in was probably 60% under flood waters because of our Hurricane, and when we finally got the roads open and were able to distribute food and carry water to people who hadn't had any for several days guess who it was that were there to unload the 18-wheelers and to put them on military vehicles and to take those to those folks? It was these folks that that are here representing the different branches of the military, and so I just take this opportunity to personally thank you. There are some things that we celebrate I know that to me everyday is Mother's Day, everyday is Father's Day and everyday in North Carolina should be Military Appreciation Day. Thank you for all that you do, for being so willing to serve, and to do so much although you are asked to do and never complain about where you're sent or the task you're given, thank you. Senator Davis, for what purpose purpose do you rise? Speak briefly on the resolution. Senator Davis, you have the floor to speak to the resolution. Thanks Mr. President. To members, I want to stand today and extend my deepest appreciation to senator Brown and all those who worked to bring this forward. Our military members, we can't say enough of what they do day in and day out. However, I would also speak briefly in terms of of not only their service, but again the importance of their presence in out communities. If you look over history over time, it's not a matter, if [xx] will come back before us, it's only a matter when, that's what history tells us now. And the reason that is so important is because as we come as one thing to say thank you, but it's another thing to show that appreciation, through our policies. And as I stand as a know Senator Pate so well, both serving in the Air Force and representing Seymour Johnson. The base opened the doors in March, 1942. But interestingly in our community by 47, August 47 the doors and the base closed, for almost 10 years. And residents in that community till you realizing the impact they had on our community, rally together, and work hard to open the doors again of what we know as Seymour Johnson Air Force Base. So as we come today, and especially

as we convey the appreciation to all our military men and women. I will simply end by saying that's it's always good to hear the sound of freedom fly by, God bless. Any further discussion or debate? Hearing none question before the Senate is the passage of Senate joint resolution 421 on the second reading. All in favor vote aye, all opposed vote no. Five seconds to be allowed for the voting, the clerk will record the vote. 49 having voted the affirmative and zero in the negative senate drug resolution 421 passes its second reading without objection, be read a third time North Carolina general assembly enact   Any discussion or debate hearing none, the question before the senate is the passing of the Senate Joint Resolution 421 on its third reading, all in favor say aye, Aye, Opposed no. The ayes have it. Senate Joint Resolution 421 passes its third reading, it will be sent to the house via special message. At this time senators, the chair is happy to extend courtesies of the gallery to the leader from our military bases across North Carolina, we'd actually ask you to stand and we'd also like ask the senators that, I have served in the military or serving in reserve as well to stand at this time and be recognized. If you'll please stand as well as our military leaders. Thank you all for serving the United States of America. We thank you all for joining us in the Senate today, we thank you for defending freedom here in North Carolina, across the country, and around the globe as well, thank you for joining us. Senator Apodaca for what purpose do you rise? Mr. President we need to take about just three minutes if we might, I need to confer with Judge Brooks if she would come down to the back of the gallery. We'll stand in recess for three minutes, or just stand at ease for three minutes. Three minutes. Just come to order. Senators, upon the motion of Senator Gunn of Alamance and Randolph County, the Chair is happy to extend courtesies of the gallery to the Alamance Republican Women. If they're with us today in

the gallery please stand and be recognized. Upon the motion of Senator Rabin of Harnett, Lee and Johnston Henderson County, the Chair is happy to extend the courtesies of the gallery to members of the Sanford area Chamber leadership group. If you're with us today please stand and be recognized, thank you for joining us in the Senate. House Bill 552, the Clerk will read.   House Bill 552, Graffiti Vandalism.   Do we have any discussion or debate? Senator Stein, for what purpose do you rise? Send forward an amendment please. Senator Stein, you can send forward your amendment. The Clerk will read.   Senator Stein moves to amend the bill. Senator Stein is recognized to speak to the amendment. Thanks, Mr. President, members of the Senate. I'd like to thank Senator Apodaca, bill manager. I'd also like to thank bill sponsors Representatives McGrady and Glazier for their help. In fact, Representative McGrady improved the amendment once I explained what we're trying to get at, and so that's the amendment before you today. It makes clear that one has to have had two prior convictions before a felony is triggered for the crime of painting graffiti. Graffiti is a scourge particularly in our urban areas, it's wrong people who deface other people's property should be punished, but I think we should reserve the most serious punishment of felonies for those who are repeat offenders of this non violent crime and that's what this amendment does. I'd appreciate your support, be happy to answer any questions. Senator Apodaca for what purpose do you rise? To speak on the amendment. Senator Apodaca you have the floor. I'll like to thank Senator Stein for his amendment, and I'll also like to thank my Chief District Court Judge Athena Brooks, and Judge Warren over there next door for helping us out with this, and Senator Stein we did find it was problematic with the six instances within a specific amount of time could lead to a felony so we're taking that out of the bill which I think we had some problems with. So I think this makes it a much better bill, times it up, and I'd also like to mention it Judge Brooks is a judge [xx] in the army, she's a veteran, and I think still in I'm not sure. But anyway thank you for your help your honor and I recommend this to you Thank you senator do we have any further discussion or debate on the amendment? Hearing none the question for the senate, is the adoption of the amendment one, all in favor will vote aye, oppose will vote no five seconds will be allowed for the voting, clerk to record the vote. Newton aye, [xx] aye, Clock aye. 48 having voted in the affirmative and one in the negative amendment one is adopted the bill has amended is back, before the body is there any further discussion or debate? Hearing none the question for the Senator is passage of committee substitute the House Bill 552 has amended on its third reading, all in favor will vote aye, oppose will vote no, five seconds will be allowed till the voting clerk record the vote. Newton, Aye. Waddell, Aye. Clark, Aye. 41 having voted in the Affirmative and 8 in the Negative, Committee Substitute to House Bill 552 as amended passes its Third Reading, it will be sent to the House for a concurrence in the Senate Amendment. And that wraps up our calendar for the day, do we have any notices or announcements? Any notices or announcements? Senator Jackson, for what purpose do you rise? I have a point of personal privilege and an announcement, Sir. You have the floor Senator, for both. OK, my point of personal privilege is I'd like to thank the Honor Guard that we had here today. They're from Salemburg, which is six miles from my home from Tarheel Challenge and they do a great job over there, and I'm very appreciative when they come up here to be with us in the General Assembly, and that's Sampson County for those of you who don't know where Salemburg is at, and we're mighty proud to have the Justice Academy there as well as Tar Heel Challenge and that's my little town. And also being from Sampson County, and remind everyone that the Young Lobbyists are hosting their Annual Backyard Bash event tonight from 5-7. The event will take place on the Eastern Lawn of the Park, and will be catered by the San Papa Restaurant, which is also from Sampson County and I hope, I wont be able to be there, but I I'm hoping that they're bringing some good eastern barbecue and fried chicken, thank you Mr. President. Thank you Senator. Senator [xx] for what purpose do you rise? Announcement please Sir. You have the floor Senator. That is to remind everybody on the Redistricting Committee that

we will have a meeting today at five o'clock it will House Bill 222. Senator Gunn, for what purpose do you rise? A point of personal privilege. You have the floor Senator for a point of personal privilege. Thank you, Mr. President. I do want to brag a little bit on my alarmist[sp?] Republican Women. One of the things that they do on a regular basis is they go and visit the is the Fisher House down at Fort Bragg and being that we're honoring the military today and the Fisher House last year saved a 200, I believe it was 278 families took care of them, gave them housing while they had loved ones that were serving in Fort Bragg in the hospital, and the exciting news is the Fisher House is now building a new facility that will be more efficient and house our folks, but they go down there and along with many others who volunteer to help supply and stock the Fisher House. If you ever want to just do something that will warm your heart, go down to the Fisher House and help those folks out as they do provide such a valuable service to our military who are recovering from being in harm's way. And also they took the time to go visit at Womack Army Medical Center, and we just went around and visited, I've been down there twice with them and just visited folks who are a little bit down right now and trying to recover and bring them special little goodie bags and treats, another great way that I think you would find if you ever want to take a group down, it is worthwhile. We'll leave you with this why we were visiting and you see these young men and women who are recovering from a many tons of very, very serious accidents, when you walk into the room it's as if you have gone out of your way not a bit of they were very appreciative that we're there, they were almost still in a little bit bad that we would take our time to come down there and visit them if you can imagine such a thing. It will warm your heart like it has never been warmed before. I would highly recommend you do in either one of this two things, thank you Thank you Senator, Senator Raddleman for what purpose do you rise? For notice J2 will be meeting in room 1124 at at 4 P. M today bad the bill will bill would be House Bill 465 Senator Newton for what purpose do you rise? Make an announcement You have the floor senator Tthank you Mr. President colleague the judiciary want committee meeting that will be set for tomorrow is cancelled there will be no J1 meeting tomorrow do to other budget meetings and so forth, thank you Mr. President Senator Waddle for what purpose do you rise? Change my vote from yes to no, thank you The last bill senator?   Yes On House Bill 552 senator Waddell changes her vote from aye for no, final count is 40 to 9, thank you senator. Any other notices or announcements in the other business to come for the senate now the chair recognize Senator Burger for a motion Thank you Mr. President I move senate be now adjourn subject to the standard stipulation set forth in senate rule 24.1 to receive referral the committee report to ratification of bills to the house messages to reconvene on Thursday, May 28th, 2015 at 11 A. M. Motion is the senate do now adjourn subject to the stipulations stated by Senator Burger it could be in Thursday, May 28th at 11 A. M seconded by Senator Colonel Rabin, all in favor say aye, aye, opposed no. The ayes have it. Senate stands adjourned