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Senate | July 20, 2015 | Chamber | Senate Session, Part Two

Full MP3 Audio File

Senator come to order. Sergeant in arms close the doors members to gather their sits. Members in [sp] gallery please silence all electronic devices. Leading the senate in prayer is Rev. Peter Millner, senate Chaplin all members and guest of the gallery please stand.  Let's pray. Gracious God our Almighty Father, protector of innocence we thank you that you have appointed from amongst our number, those who are called to defend us selflessly, in our nation's armed forces, in our law enforcement, we thank you that they put on their uniforms everyday to set themselves apart for our safety and protection, putting themselves in harms way, willing to lay down their lives, as a sacrifice for freedom. Reminiscent of your son Jesus, the author and perfecter of our faith, so send your Holy Spirit, to comfort the families of the fallen, and may we surround them your tangible love, offering a palpable sense of your presence. May you redeem these evil days in your good ways, to the glory of your name, Jesus. Amen. Senator Berger is recognized for a motion. Mr. President the journal of Thursday July 16th 2015 has been examined has found to be correct. I move that we dispense with the reading of the reading of the journal and that stand approved is written. Objections journal for July 16th stand approved is written. Soon as we have leave of absence granted today for Senator Bingham, then Newgan, Newton Robinson and Jane Davis. Senator Rehars we've a couple of nurses with us today. Senators let's come to order please. We have a couple of nurses serving us today, Henry, Petterson Powell of Carolina, North Carolina and Naros Vick both of [XX] please stand to be recognized. Thank you for serving the senate today. Senator upon the motion to chair we're happy to extend courtesy to Miss Abondoceder wife of our reading clerk Mr. And Mrs Settle are celebrating their 58th wedding anniversary today. Congratulation and thank you both for being here, thank you for serving us. Mr. Settle, please stand to be recognized, congratulations. Senator [XX] for what purpose do you rise? Motions please. Senator [xx] raise forward. Thank you Mr President, before I start I was also wondering did Mr Settle read poetry to his wife in the early days? Okay first motion, relative to the night calendar, house bill 14 William Langley SUDEP Law from tonight calendar needs to be removed from tonight's placed on Thursday's calendar Objections sorted   House bill 792, Privacy protection from revenge postings, currently Committee on rolls re-referred to Committee on Judiciary one. Objection sorted   House bill 135, Soliciting prostitution immunity for Minors, currently committee on rolls move to be re-referred to judiciary two. Objection sorted   House bill 842, Medicaid Waiver Protections, currently Committee on rolls move that it be re-referred to committee to healthcare. Objection sorted. House bill 392, Beach Bingo Licenses, currently in rolls re-referred to judiciary one with a serial referral to finance. Objection sorted   House bill 804, Kelsey Smith Act, currently Committee on rolls refer to J1 Objections ordered. House bill 343, Clayton/Extend ETJ Area currently committee on rolls re-referred to finance. Objections ordered. Last but not least, Senate Bill 134, 29th senate, District Local Act, currently committee on rolls re-referred to the committee on commerce. No objections ordered. Soon as I take this into account over this evening, we're going to have couple of bills on there, public bills. Second reading house bill 186 prepare for read. House bill 186 water resources availability study.  Senator Lee as recognized explain the bill. Thank you Mr. President, colleagues. This is a house bill to evaluate water resources for our future in the basin transfer analysis Cape Fear river basin. Essentially what this would do is look at the current to

50 years projection the water use demands are along the basin of the accuracy of current available supplies and you read through the launcher list on the bill, but in particular as you get down to the end of the river with Pendon Brunswick and [xx] it's going to look at the and ground water supply that's currently not taken into account and we need it to and we need that particular data. I would also like to this time off on amendment. You can send forward your amendment senator. Hold on one second senator. Clerk will read. Senator moves to amend the bill. Senator Lee is recognized to explain the amendment. The amendment it's a relatively simply amendment it allows the rules for view commissions upon certain conditions to retain outside counsel. One of that conditions is that it's being sued by another agency of the state and I'm aware of no opposition as to this portion of the bill. Prepare to discussion or debate on the amendment. Hearing none, the question before the Senate is the adoption of Amendment One. All in favor will vote Aye, opposed will vote No, five seconds to be allowed for the vote and the Clerk will record the vote. Rucho, Aye. Woodard, Aye. Clark, Aye. Stein Aye. Blue. 43 having voted in the Affirmative and zero in the Negative, Amendment One is adopted. The bill as amended is back before the Body. Do we have any further discussion or debate? Senator Stein, for what purpose do you rise? To see if the bill sponsor will yield to a question. Senator Lee, do you yield for a question? I do. I was reading as quickly as I could, thank you Senator Lee, about the amendment and it is typical when outside counsel is retained by a Body, an agency of government there is a process through which they go first to get the Attorney General's consent and then the Governor's consent, and I did not see that in the amendment and wanted to know if that was discussed or considered. It is addressed in the amendment as far as it states in Discretionary Commission GS 114.23 deals with the use of private counsel with the written permission, Permission of the AG 147-17 talks about, of the Governor approval after advice of the AG and what this amendment does and this bill essentially says notwithstanding that they've got the ability to retain outside counsel in these limited circumstances. Follow up question. Senator do you yield for a follow up? Yes Sir. So what I understood you to say is that in fact what the amendment says is that there is no need to be outside review that the circumstances the condition can be meet where they're being sued by another agency, but in that instance there is no outside review by either the Attorney General or the Governor it happens as a matter of course should they so choose. Exactly they may do it given the nature of this disputes or in our agency disputes, I think it's appropriate. Thank you Any have any further discussion or debate on the bill as amended, Senator Stein[sp?] [xx]? To change my vote from aye to no on the amendment, Senator Stein[sp?] changes his vote from aye to no the final count was 42 for one. Any further discussion or debate on the bill as amended? Senator Pay[sp?] [xx]? Thank you Mr. President, I'll ask the bill sponsor questions. Senator Lee[sp?] do you've a question? Yes sir. Senator Lee[sp?] thank you for responding, are all of the counties in which the Cape Free River Basin occurs listed on this study are there some that were skipped over for some reason or another.  It's my understanding that all that are within the basin included if there had been even a portion of that particular account in the base and that is my understanding. Thank you sir. Do we have any further discussion or debate? Hearing none. Mr. President. Senator Bryant I also want to change my vote from aye to no on the amendment. Senator Bryant changes her vote from aye to no, on the amendment. Final count what you wanted to. Any further discussion or debate? Hearing none, the question before the senate is the passage of the Senate Committee Substitute to House Bill 186 on its second reading, all in favor will say aye, opposed vote no. Five seconds to be allowed for the voting the clerk will record

the vote Lee aye, Krawiec aye, 44 having voted in the affirmative and zero in the negative. Senate Committee Substitute House Bill 186 as amended passes its second reading without objection will be read a third time. North Carolina General Assembly enacts. Any other discussion or debate? hearing none, question before the senate is the passage of Senate Committee Substitute to House Bill 186 as amended on it's third reading, all in favor say aye, Aye.  Opposed no, the ayes have it Senate substitute House Bill 186 as amended passes it's third reading, the amendment will be engrossed will be sent to the house, for concurrence in the Senate Committee Substitute, House Bill 383 clerk will read. House Bill 383 Clarify Statutory Scheme Sex Offences. Senator Jackson is recognized to explain the bill Thank you this bill comes to us from the house where passed unanimous response representative of closure, stem, Jordan and Faircloth[sp] worked on this. This comes because of need to clarify our statutory sex offence numbering a case that came out of the North Carolina Supreme Court this February, had an opinion which stated as follows, given the frequency with which this errors arise we strongly urge the General Assembly to consider reorganising, renaming and renumbering the sexual offences to make them easily distinguishable from one another. The problem is we've done so much patch work in this area of the law that district attorneys are trying their best or getting various statutes wrong in indictments for having to be dismissed. So upon the request of the court of appeals we have undertaken a comprehensive renumbering. The second thing that this bill does is it reincerts a statutory minimum of 12 years of age for a defendant for statutory rape that was inadvertently excluded in legislation that was passed earlier this session. Do we have any discussion or debate on the bill? Hearing none. The question before the senate is the passage of the Senate Committee Substitute to House Bill 383 on its second reading, all in favor will vote aye, opposed will vote no. Five seconds to be allowed for the voting, clerk will record the vote. Meredith aye, McInnis[sp?] aye. 44 having voted in the affirmative in 0 in the negative substitute to house bill 383 passes the second reading without objection be read for third term. North Carolina reenact. We're having discussion in a bit. Hearing none quest for the senators passes the senate committee substitute to house bill 383 on the third reading on favor say aye? Oppose no? The aye's have it. Senate committee substitute third reading will be sent to the house for concurrence in the Senate Committee Substitute. And that is all our calendar for today. At this time we would like to introduce our pages for the this week. So Paiges if you make your way round to the front of the dias here and we would introduce you, Just let us know. Prepare for read. Pages serving in the Chamber this week: Amber Avex[sp?] Roanoke Rapids. Tristan Beard, Goldberry. Alex Bradly just down here, Marlene Chasing, George Cross [XX] Anna Dosheleigh[sp?] Charlotte. Taylor Dozier, Raleigh. Denril Douglin, Rally, [sp] Owen Rowley, Anida Cobber Rowley, Reece Maters Rowley, in there pundaium, Don, Joe, Rodrey, Rowley, Stantine Rowley, Travis[sp?] Junior Rowley thank you for taking a week here at your summer to service here on the senate, hope you have a great week. We've renounce announcement, Senator Tallman prepare for your rise. I rise for on a personal privilege Sir. You have the floor senator. Thank you. One of the days a gentleman just came by here good looking boy, smart took out of his mother, Senator Stan, I saw him at some ball

games with you a few years ago, he's grown a foot in about two and a half, three years [xx] congratulations to your wife she did a good job Senator  Cory Booker your rise I'm under a personal privilege You have the floor Senator I arise today to congratulate one of my favorite senators. This is a person of compromising principle and tenacity of purpose. This is a person I am honored to call my friend, Saturday was her birthday, Senator Trudy Wade. Please join me in congratulating her. Do we have any other notices or announcements? Senator Apodaca, for what purpose do you rise? Motion please. Senator Apodaca, you have the floor for a motion. Thank you, Mr. President. House bill 392 PWC Charter is currently in Committee on Rules, move that it be removed from Rules and re-referred to State and Local Government. Without objection so ordered. Any further business to come before the Senate? If not, the Chair recognizes Senator Berger for a motion. Thank you, Mr. President. I move that the Senate do now adjourn subject to the Standards and Stipulations, hold on. I think the Rules Chair forgot something I'm sure it was somebody else's fault. It was the Lieutenant Governor. Senator Apodaca, for what purpose you rise? A motion Mr. President please. Senator Apodaca, you have the floor for your motion. Earlier we moved Senate Bill 134/29 to Senatorial District Local Act. My help this week is out of town, so we're struggling. It was referred to the Committee on Commerce, it should have been referred to the Committee on Transportation. Without objection so ordered. Senator Berger is recognized for a motion. Thank you, Mr. President. I move that the Senate do now adjourn subject to the Standards and Stipulations set forth in Senate Rule 24.1 and the receipt of messages from the House, to reconvene on Tuesday, July 21st 2015 at 2 PM. The motion is that the Senate do now adjourn subject to the stipulations stated by Senator Berger, to reconvene Tuesday, July 21st at 2 PM, seconded by Senator Stein. All in favor say Aye. Aye. Opposed No. The Ayes have it, the Senate stands adjourned.