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Senate | June 9, 2015 | Chamber | Senate Session

Full MP3 Audio File

Senate will welcome by order. Sergeant at arm close the door as members get their sits. Members and  guest in the gallery please silence all your electronic devices. Leading the senate in prayer was Reverend [xx] Frazier, his our personality Methodist church in [xx], he is guest of Senator [xx]. All members of [xx] may you please stand. Let us pray. Sovereign God before whom every and he ruled the rulers of the earth. We give thanks to you for the immeasurable blessings that you have given to the people of this state, what is the natural beauty the shrink of this people the greatness of this land. Hear as we pray the safer for men and women who served in this chamber for their families and friends and the staff, and all whom support him in their work grant them wisdom and deliberation because you are the source of our wisdom and truth grand then patient and kindness as you are infinitely patient and kind with us, grant them strength and stamina for the tasks ahead and as you neither slumber nor sleep, above all in their work grant minute appreciations for this godly as pleased with which you have blessed us and the possibilities for its future which are both hidden and revealed in you. We ask all of this for your mercies sake, Amen. Senator Burger is recognised for a motion. Members present the general of Monday June 8, 2015 has been examined as stand being correct, I'm moved with dispense with the reading of the journal and that stand approve this rule. No objection for Junior the aid stand approved as written, Senator Grive that leave the values as granted today for senators Smith Engrom and senator Walter, would announced where this Chistine Parchue of Herdafil[sp] with us, Herdafil Parchue thank you for joing us [xx] in the senate today. Senators, upon the motion of Sen. Kathy Harrington of Gaston County, the Chair is happy to extend courtesies of the gallery to Cameron Browning, the winner of The Proudest Kid in Gaston County essay contest. He is joined by his parents Matt and Beth and his siblings Carson, Makena and Cade. Cameron attends Cramerton Christian School and is nine years old. Cameron and family, please stand up. Congratulations on your award. And upon the motion of Sen. Tarte of Mecklenburg County, the Chair is happy to extend courtesies of the gallery to Cornelius Elementary School from Cornelius, North Carolina. Please stand and be recognized. Thanks for being with us today. Do we have any reports of standing committees? Any reports of standing committee? Note that this is into our calendar. Would they? Start standing committees The public bill second reading, house bill 495 [xx] read. House bill 495 say is our modernisation could changed it Senator Olga Dalca is recognized to speak on the bill Thank you Mr. President I want to say upfront this is not my bill, this came through the committee nobody volunteered to run it,

So here we go, alright, the first one, first part of the bill career state employee, must actually work in a permanent and not a temporary job, and grants career statues after one year. Two removes the probation on say human resources commission, allowing insenate paper rooms. Three, requires agent to report defense[sp?] and settlement costs on an annual basis instead of quarterly. Four, grants the commission authority to adopt policies governing the priority in the salary rights of employees separated by [xx]. Five says employees who were left lose 12-month party[sp?] if they declined and interview for a comparable or better job. Next section adds a provision, for cabinet or council estate department to reorganize to a voluntary separation process if the commission approves. Next section allows a potential supervisor to access confidential information and instay employees personnel file, only doing the interview process, but only with regard to performance of management document and that's it, to this point, we happy to answer or try to answer any question. Senator Raven for hat a purpose will you rise? the amendment. Senator Raven you can send forth your amendment. Should be on the desktop. Clerk will read Senator Raven is recognized to speak to the amendment. This is simply reminding on page four coordinater glues all the stock holders, and it was no problem, what it does is ensure that the ironing policies include forcasing on the most qualified personnel available given the documentation and reports that they have available. I think this is the most important thing for the taxpayers to get their monies worth and for us to have an effective human resources department, thank you general and before we go ahead with the discussion debate on this senate Berling has to leave the house for the reminder of the session, do we have any discussion or debate the amendment? Apadoca for what purpose of your rise? Speak on the amendment. Senator Apadoca has the floor to speak on the amendment. I'd like to thank the Cardinal for bringing this fourth I think is a very good amendment encourage everyone to support it. It will be an nobal concept They have three best employees available sir, I like that. Do we have any discussion all about the new member? Hearing none the question before the senate is the adoption of amendment one all in favour vote aye oppose vote no five seconds to allowed for the voting and the Clerk will record the votes. Bryant, Hushey the upper down, I, already six have inverted the affirmative in zero in the negative amendment one the bill is adopted the bill as amended is back before the body. Do we have any further discussion or debate senator Wells for what purpose of your rise? Senator amendment on the dashboard.  Amendment senator the clerk will read. Senator Wells moves to amend the bill.  Senator Wells is recognized to speak to the amendment. Well for matters state government departments, but this one goes a little beyond that it actually removes our chips to way at open record laws in section 5.4 where it removes the age from the public records. That's better enough as a philosophical issue, but it also create some other challenges. We've heard from the department of state treasure and not that we haven't heard from others but they were quick to jump on this after the bill was in committee. This changes the wording of one of none statutes that they're dealing with with open records, so we're curving out a special clients of public employee, and treating them differently than the others, and we're moving one of none statutes, it will create as the treasures office says administrative challenges for responding to open record request. I ask that you support the amendment. Maybe discussion or debate on amendment two Senator Apodaca for a purpose will you rise. Speak on the amendment. Senator Apodaca floors speak to the amendment. I think senator Wallace bring this amendment fourth, by having this, I think we'll be able to see Senator Jeff Jackson is [xx] by alcohol and that Senator Bingham is much younger than he looks so I have recommended this amendment to you Do we have any further discussion or debate on amendment 2? Before we vote I want to recognize Senator Brian has an excuse of absence for the remainder of the session. Any discussion or the debate?

Hearing none, the question for the senators is the adoption of the amendment 2 on favor vote Aye, opposed vote No five seconds it will be like for the voting clerk to record vote. 45 having voted in the affirmative and 1 in the negative amendment two is adopted the bill has amended is back before the body, we have any further discussion or debate? Senator Alexander for what purpose you rise? To offer an amendment you sent forth your amendment? The amendment is up there, it should be on the bench board thank you very much Senator Alexander move to amend the bill Senator Alexander is recognized to speak to the amendment Thank you very much, Mr. President, the kind of amendment here in resources commissions shall adopt rules to provide the State employees separated from State employment as result of reductions and force state the position in State Government shall be paid a salary no higher than the maximum of the salary, and what this bill does is to it returns the bill to the original language that allows the general assembly to continue to make the policies about State employees the State Human Resources Commission will make the rules ask for your support.  further discussion debate on the amendment, Senator [xx] for what purpose do you rise? Speak on the you have the floor Senator well I was agreeable on the first two, but I may have to disagree with this amendment, it actually guts the bill and the purpose of the bill for trying to make a small competitive personal decisions going forth, someone asked you to vote against the amendment please do we have any further discussion or debate on amendment three hearing none the question before the senate is the adoption amendment three all in favor vote aye oppose will vote no five seconds to be allowed for the voting and the Clerk record the vote. [xx], I Robinson. Robinson? No. 15 having voted in the affirmative, and 31 in the negative amendment 3 fails. The bill as amended as back before the body Any further discussion or debate? Senator [xx], what purpose do you rise? To send forward amendment. You can send forward your amendment Senator The reason I hold on one second Senator. Senator [xx] moves to amend the bill. Senator [xx] is recognized to speak to the The bill before you today violates the due process clause, Liberty and Property rights of State employees under the 14th amendment. specifically Section 5.5, 2A of this bill shows complete disregard for the 14th amendment of not just a few employees but all state employees. This section allows access to the personal files of state employees by potential supervisors. The bill limits this access to performance management documents which is not damn defined, so I'm sending forth this amendment hoping we can move to possibly make it possible for all employees to have proper due process because with this bill as it now stands with that particular section a supervisor or a potential supervisor can put in, a persons file anything that they want, which can hurt that person in the long run as an employee and set things up. So that the individuals who have potential law suits I the State, because thing were entered into their file, without their knowledge. Do you have any discussion or debate on the amendment four? Senator Apodaca for what purpose do you rise? Speak on the amendment. Senator Apodaca floor speak the amendment. Thank you Mr President, members, Senator arrived this morning, and we discussed this, and I told him I couldn't agree with this amendment. They are here again, it kind we'll get the actual bill for what we are trying to accomplish, to get to more uniform system going forward, I'll ask you to vote against the amendment please. Senator Chapman for a purpose close your eyes. Ask senator Apodoca a question. Senator Apodaca do you yield  have a question? I do. Was that as bad that are way tested for your arrival this morning. Gentlemen thank you for that question. Yes they were, and we have our own matching splendid outfits they look great before this tigresses[sp] do we have any further discussion or debate, on amendment four?

hearing none, the question for the Senators of Dutch of amendment four, all in favor will vote aye, oppose will vote no, five second re lap for the voting, clerk will record the vote. Burger no, Ford odd Aye, 16 having voted in the affirmative and 30 in the negative, amendment four fails the bill as amended is back before the body, any further discussion or debate? Hearing none question for the senate is the passage of the senate committee's substitute house bill 495 as amended on a second reading all on favor vote aye, opposed will vote No, five second bill up for the voting the clerk will record the votes. Clerk know 31 having voted for the affirmative and 15 in the negative the senate committee substitute house bill 495 as the amended passes this second reading, third objection be read the third time  North Carolina general assembly enact. In the discussion or debate? hearing none across a prose the senate passes the senate committee substitute the house bill 495 has amended on its third reading, all on favor say Aye, else NO the Ayes have it, senate bill substitute the house bill 495 has amended passes its third reading the amendments will be engrossed will be sent to the house for concurrent committee substitute Mr. President. Senator [xx] for what purpose do you rise? To consent forward a finance committee report out of order.  Do you consent forward your report out of order? Clerk will read. Senate bill 34 for the finance committee submit for passage house bill committee substitute num, ber one, Carrie Annexation, favorable. House Bill 99, committee Substitute number one than then the annexation favorable house bill 217, senate committee substitute number one claim in the annexation and annexation favorable. House Bill 218, committee substitute number one, Clayton Annexation, favorable. Senate Bill 50, committee substitute number one and favorable estimate stars to bill number one the favoral stars to committee bill no two Wilson Carody [xx] tax miles occasions. House Bill 73, Finance. House Bills 99, 217, 218, calendar. Senate Bill 50, calendar Senator  John, for what purpose do you rise? To send forth a committee report out of order.  Please send forward your report, Senator safe guns, the commerce committee, submits the passage, house bill 289, will see money transaction act favourable House Bill 511, Credit Union Statutory Changes. That's unfavorable House Bill 289 and 511, calendar. while we're rolling, do we have any more committee reports? Moving back to our calendar then, we have a bill for concurrence Senate Bill 154. The Clerk will read.  Senate Bill 154, Clarifying the Good Samaritan Law. Senator Bingham is recognized to speak to the bill thank you, Mr. President. Ladies and gentlemen of the Senate. Since this bill was began and was enacted in 2013 515 lives saved for this bill. It has made a very insignificant change that was only effective date the house actually did make no changes of the bill so I would urge you to conquer. Thank you ladies and gentlemen urges you to conquer in the motion, do we have any discussion or debate hearing none the the question before the senate is the motion to conquer in the house committee substitute senate bill 154 all in favor vote aye oppose vote no, five seconds to be allowed for the voting and the clerk will record the vote Newton, I, Lowe I, 46 having voted in the affirmative and zero in the negative the senate confers the house committee substitute to senate bill 154 to be enrolled to sent to the governor. We have three more before senate

bill 333 clerk will read senate bill 333 teacher [xx] data Sen. Soucek is recognized as speak to the motion thank you Mr. President the house put a little bit of squally amendment on when it was over their, so we are going to need non concurred go to conference and fix that small small little thing apologize for that but I ask you to non concur. Sen. as that you do not conquer in the motion do we have any further discussion or debate, Sen. Stan for what purpose do you rise? To ask the bill sponsor a Sen. [xx] do you yield for a question, I do, thank you Mr. President, can you just describe whether was they did was problematic? Sure they put in amendment in that was going to, this collecting teacher nutrition data so we are trying to collect more information so we can understand what's going on in the teacher profession the amendment that was put on as to disagriagate information on teacher performance based on standard six, The problem with the amendment was collect that information have you collected teacher performance data in a very small county this is private information you could look at, OK three teachers in this county has three local form report you can figure out what was in the report by just a small sample size that's problematic legally before making a loss but also that violates the confidentiality the information so we need to fix that before we send a vote. Any further discussion or debate? Hearing none the question before the senate is motion which currently the house committee substitute senate bill 333 all in favor I possibly no, second will re write for the vote the clerk will record the vote. Newton two having voted in the affirmative and 44 in the negative the motion fails. Mr. President. Senator Pate changes his vote to no, Berhinghum which is doing the same thing changing his vote to no. Berhinghim obviously final count, zero in the affirmative 46 in the negative senate fails to occur house committee substitute senate bill 333 the house will be notified Thank you President, senator Apodaca your purpose arise? Motion please. Senator Apodaca has the floor for the motion. Mr. President minutes in the calendar senate bill 336 state planning be removed from today's calendar and placed on Thursday's calendar. Any objections awarded, senate bill 487 clerk will read. Senate bill 487 the house [xx] technical revision. Senator [xx] is recognized to speak to the motion. Thank you Mr. President let me see if I these lights working properly. Senate bill 487 passed the senate unanimously, 50:0 back in April, and it went to the house and the house made a few conforming changes and technical change, and then they the vote is forward unanimously this past week, I move that we concur with the house changes Senator [xx] in concurring the motion is there any further discussion or debate? Hearing none the question before the Senator is the most and to concur in the house committee substitute center bill 487 all in favor aye all oppose no, five seconds we allow for the voting and the clerk will record the vote 46 having voted in the affirmative, and 0 in the negative the senate concurs in the house committee substitute to send the bill 487 it will be enrolled and sent for the governor, and that concludes our calendar for the day Do we have any notices announcements today. Senator Brown purpose for you rise? Now thisYou have the floor senator [xx] will call for me last section Senator [xx] purpose for your rise? An announcement. You have the floor senator Actually two sir, thank you. Ladies and gentlemen, the senate, tomorrow at 11:30 the legislative committee will meet taking up house bill 263, and that will be 544 and also there is been announcement that finance will meet at 1:00 tomorrow to pick up for House Bill 156 and there will be another bill dealing with business registration. Senator Pate for what purpose do you rise? To announcement conferee Mr. President You have the floor senator. The President Proten places on the conference committee for senate bill 333 treachery treasion data Senator [xx] chair Senator Daniel, Senator Curtus and Senator Ford.

Any more notices or announcements? Senator Apadoca for what purpose do you rise? Mr. President announcement please Yes please Senator Apadoca Good news body tomorrow morning at 9:30 the rules committee is going to be meeting so that is always good sign as we move towards the session and I watch your computer tonight around midnight we will get a list of the bills going to hear, look forward to seeing everyone there.  Senator Davis for what purpose do you rise? Moment for personal privilege You have the floor for a moment of p[personal privilege Thank you Mr. President and gentleman of the senate we put on your desks a sheet about the bosom range the group is the IBMA the entertainer of the year and they receive that right here in Riley that's [xx] I think the last three or four years they had the international or association award to banker right here in Riley, they have done such a great job they have already signed an extension but is the bride of Hay Wood [xx] and west of North Carolina my district they will be here tomorrow I will recognise them they would be in a gallery tomorrow but during the noon hour they will have a concert they are going to have their own protocol on this side of the building that was the bridge and LOB so I invite you to stop by and listen to some great lubrous[sp?] music [xx] you can even he look cold probably from them. They're really good at what they do Mr. President, I'd like to have another moment, please. Yes, the floor is yours. Ladies and gentlemen we are blessed to have some incredible sergeants at arms here and the senate chamber they are great servants the lessons that the citizen of the North North Carolina and if you are going to chase the shake the Charles Mosol the scientist of my hand is 77 today [BLANk] Senator upper down, for what purpose do you rise? Mr. President, a couple of motions, If I may. You have the floor Senator. Mr. President I move on why suspended Senator MacKeysic is included the primary sponsor on Senate bill 541, regulate transportation network companies Objection  so worried.. Thank you, Mr. President. Mr. President House bill 156 legal notices require internet publication currently in state law government [XX] remove some state local commuting of for dance. Objection for an order.  I moment oppose some privilege if I may.  You can senator two things forks wanted to let you know that the nurse that was with us last night is with us today from [xx] country, who're used to working in two shifts for everybody else in the state so that he still continues and the final thing is that, Senator Bloove, if you remember [xx] range [xx] [xx] funeral and denounced standing job for anyone that was there to, you don't know what quality these folks are. Thank you Mr. President for any further business come forth the senate, now the chair recognizes Senator [xx] for a motion thank you Mr. President I move that the senate do now adjourn subject to standard stipulation set forth in senate 24.1 the appointment of [xx] ratification of bills received as house messages to reconvene on June 10, 2015 at 2.00 pm Mr. President if I could amend that to include the receipt of Committee Report.  Thank you senator. The motion as the senate do now adjourn subject to the stipulations stated by senator Berger to reconvene Wednesday June 10th at 2 Pm seconded by senator Sweetchuck all on favor say I those No. The I's have it senate stand is adjourned.