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Senate | June 29, 2015 | Chamber | Senate Session

Full MP3 Audio File

Senator come to order. Sargent at arms close tho doors as members gather their seats. Members and guests in the gallery please silence all electronic devices, leaving the senate in prayers our Reverend Peter Millers of Center Chaplain all members and guest in the gallery will you please stand. Let's pray. Heavenly Father thank you for gathering us again under your wind and I'm reminded of Michael's word where he said he said he has filled fragile man what is good that's the Lord requires thee but to do justice, to love mercy and to walk humbly with thy God, help us to look a little bit more like these prophetic words from you our Lord and we pray in the name of Jesus, the one that was humble, the one that was merciful and the one that did loved justice and loved us to the end, it is in your name we pray Lord, amen. Senator [xx] you're recognized for the motion. Thank you Mr. President, the journal of Thursday June 25th, 2015 has been examined and found to be correct, I move that we dispense with the reading of the journal, and that standard approved is written. Without objection of the journal of June 25th stand approved as written, we have leads of absence granted today for Senators Fushi and Newton. Senators upon the motion of senators, Don Davis and Louis Pate, the chair is happy to extend courtesy of the gallery to Sarah Beth roads Pitt county, clerks of superior court, her husband Don and daughter Elly, and Jenass Galioger the Pitt county a few with us please stand to be recognized, thanks for joining us in the senate today. Do we've any reports of standing committees? Senator Ramon [xx]    Send forth his committee report You can send forward your report senator Clerk are in Senator [xx] would you share two committees to miss for passage house bill 669, committee substitute number one, on favor I'll ask committee substitute number one to [xx] senate committee substitute bill, title, juvenile law changes abuse neglect dependency. House bill 699 committee substitute number one favour as to committee substute bill number one the favourable as to senate committee substitute bill juvenile law changes abuse neglect dependency A correction, the tittle house bill 273 to clarify condition as to as law on DWI expand House bill 273 and 669 calender. Senator Apadoca for what purpose of your rise? Motions relative to the calender.  Senator Apadoca you've the floor for your motions. Thank you members. Mr. President, members house bill 412 city that it would be removed from tonight's calendar and sent to the committee on finance? That objection is an order Thank you Mr. President, house bill the 467 [xx] is on tonight's calendar asked to be removed and placed on tomorrow's calendar objections are in order.  Thank you Mr. [xx] so senators that does take us into tonight's calendar we have five second reading roll call local bills up first without objection I would like to block those five local bills, anybody objecting any of those that might have us pulled out. Hearing non, let's block vote those first five, So house bill 266, 400,

411, 426 and 493 of bill 366 any of them on satellite annexation, House Bill 400 town of Mid Hill annexation. House Bill 411 town of [xx] deannexation. House Bill 426, town of [xx] deannexation. House bill 493, Lake [xx] deannexation. The question before the Senate is the passage of House Bill 366, House Bill, House Bill 400, House Bill 411, House Bill 426 and House Bill 493 on its Second Reading. All in favor will vote Aye, opposed will vote No. Five seconds to be allowed for the voting, the Clerk will record the vote. Stein, Aye. Soucek, Aye. 48 having voted in the Affirmative and 0 in the Negative, House Bill 266, House Bill 400, House Bill 411, House Bill 426 and House Bill 493 pass their Second Reading and they will remain on the calendar. House bill 322, the Clerk will read. House bill 322 developing recreational[sp?] land rates from Ashville. Do we have any discussion or debate? Senator Stein, for what purpose do you rise? To send forward an excuse. Senator Stein you can send forward, is it up here already? Yes. OK, thank you Senator. Senator Alexander, for what purpose do you rise? To speak to the bill and represent it. Senator Alexander, you have the floor. Thank you very much. Fellow Senators, this is house bill 322. We've seen something similar to this before I believe but this is where there is a town around West of here called Marshville, which is a mighty fancy community and whatever else. Then their sister city right next door named Cary, has got the opportunity to do this and it works out well where the towns can ask the developers to kick in some money so that they can build parks or open spaces or whatever else to make them better places to live, and I ask for your support. Any discussion or debate? Hearing none, the question before the Senate is the passage of House Bill 322 on its Second reading. All in favor will say I. I. Opposed No. The I have it, House Bill 322 passes its Second reading without objection be read a third time. [xx].  Any discussion or debate? Hearing none the question for the senate is the passage of house 322 on it's third reading all in favor say aye "aye" oppose no the ayes have it house bill 322 passes it's third reading and it will be enrolled house bill 467 Clerk will read. I'm sorry that was been taken off the calender. Moving on to public bills third reading will call house bill 356 Clerk will read. House bill 356 UC reg fee changes. Do we have any discussion or debate? Hearing none, the question four,  the senate is the passage of house bill 356 on it's third reading all in favour vote aye oppose vote no five seconds to be allowed for the voting Clerk record the vote. 48 having voted in the affirmative and zero in the negative house bill 356 passes it's third reading Reading. It will be enrolled and sent to the Governor. Mr. President? Senator Apodaca, for what purpose do you rise? We need to send that House Bill 356 by special messenger. So ordered. House Bill 634, the Clerk will read. House Bill 634, Stormwater/Built-Upon Area Clarification. Senator Brock is recognized. Yes, I'd like to send forth an amendment. Senator Brock, you can send forward your amendment.  The Clerk will read. Senator Brock moves to amend the bill. Senator Brock is recognized to speak to the amendment. Thank you, Mr. President. Over the weekend staff did some research into pervious pavement and tried to address some of the comments from Senator Bryant, Stein and Senator Blue and tried to take in some of their comments, and we've talked to some groups, and some environmental groups have kind of verbally said it was OK, and it will continue to exempt the unpaved trails, they won't be regulated, dirt trails out there, but it will create a make sure I get this right, I think I get extra credit for science. On exempt when you cover it with permeable pavement that has a hydraulic conductivity greater than 1, 000 centimetres per second. This threshold has been verified with engineering tables that define this limit of hydraulic conductivity permeability with outermost region of semi pervious media. That's actually allow some water to get through the pavement and tries

to make it a little bit better, and with this threshold it's been verified in previous pavement data from research done University of Vermont, University of Georgia, and the Virginia Department of Environmental Quality and like I said it's something which will allow this type of pavement to be on the trail and allow water to seep through it urge your support of it. We are having a discussion, or debate on the amendment. Senator O'Brien for what purpose your eyes? To speak on the amendment. Senator O'Brien you want to forth speak on the amendment? I want to Doctor Warren and Senator [xx] for working on this amendment and for coming up with a way that create a standard for permeability and I'm only standing out to speak because Doctor Warren made me read about Hydraulic conductivity and a permeability and it is cool, and usual punishment and so I have to show what I know, and this is a great solution of using science to make a great solution for this problem. It will create a permeability for the papers that are used, and however it could be if he will allow us to limit it to A, B and C sole as recommended by scientists at NC state and without that it still is a good result, that would mean all trails will be permeable and pervious That will be exempted from the bill to plan area, so even with this limitation, if the sole underneath, is not permeable, we still will have some run off but it's surely better than what it was, and I really want to thank our science advisor, for his good work. And anybody who wants to know about hydraulic conductivity please CF after the session. Having further discussion or debate? Senator Tillman for what purpose of your rise? To ask senator Brian a question. Senator Brian do you yield? I've been looking at your background I know you have a law degree and senator Broke I think he has one too I'm not a law degree but a degree I don't think, you took much science and I want to know if you all had any science in your background whatsoever now you use words not I am going to see you after the session. I have a bachelor in Science and Mathematics, but I learnt all that from the information I got from Dr. Wallen. Alright well that worries me a lot thank you. Further discussion or debate. Hearing non the question for the senate is the adoption of amendment one all in favour vote aye oppose vote no five seconds to be allowed for the voting Clerk will record the vote. Curtis. Senator Curtis, 47 having voted in the affirmative and zero in the negative amendment one is adopted senator Curtis is in aye, 48 having voted in the affirmative and zero in the negative amendment one is adopted the bill as amended is back before the body is there any further discussion or debate? Hearing none, question for the senate is the passage of the senate committee substitute to house 634 as amended on it's third reading, all in favor vote aye, oppose will vote no five seconds bill out for voting clerk will record the vote. Senator Robinson aye, 48 having voted in the affirmative and zero in the negative senate committee substitute the house bill 634 as amended passes its third reading, [xx] so will be sent to the house for a concurrence and the senate committee substitute how long? Senators let's just stand at ease for a fem minutes we're waiting on the house for a concurrence, and this may take a few minutes so just stand at ease and we'll get back together in a minute. Senators, before you stand at ease, let's take care of one piece of business here before we stand at ease. We have a new group of pagers with us this week, so pagers if you make your way around to the front of the dais here in the order that you are supposed to be in. As soon as you get around here, the clerk will start to read your names Pages serving in the Chamber this week.

Gerald Burns, Wilson. Carter Benfield, Ridgeville. Meredith Boyd, Pinetown. Connor Byrne[sp?] Aden. Emily Cornelius, Fayetteville. Shayanne[sp?] Dobbs, Stoneville. Chandra Yulis, Graham. Blake Flintham, Dobson. Lilly Foster, Summerville. Alison Gallagher, Granville. Lauren Harden, Clinton. Chloe Hollyfield, Spruce Pine. Logan Jackson, Raleigh. Matthew Joyner, Charlotte. Ryan Claiser, Chapel Hill. Clarisonic Page, Gibbinns Bill, Rally Ralth, Foreign Bill, Cassia Robinson, Week Bill, Albi Ralph Clayton, Lucy Russell Raleigh, Simone Smith Charlotte, Julie Von Jones Marksville and Mary Gracelie Washington. Senators let's stand at ease for a few minutes get this things sorted out. Senate has come back to order. Senators that wraps up our calendar for this evening, so no more calendar for this evening do we have any notices or announcements? Any notices or announcements? Do we have any further business to come before the Senate? If not the chair recognizes Senator Apodaca for a motion.   Thank you Mr. Speaker. President I move that the Senate do now adjourn subject to standard stipulations set forth in the Senate Rule 24.1 the receipt of committee reports the appointment of [xx] police, the ratification of bills, the receipt of house messages to reconvene on Tuesday, June 30th 2015 at 9:30 A. M the motion in the Senate do now  adjourned subject to the stipulations stated by Senator Apodaca to reconvene Tuesday June 30th at 9:30 A. M seconded by Senator, in favor say aye, aye opposed no, the ayes have it, Senate stands adjourned.