The Senate will come to order, sergeant at arms close the door, members will go to their seats. Members and guest in the gallery please silent all the electronic devices. Leading the Senate in prayers reverend Peter Menzel in Senate Chapline, all members and guest in the gallery please stand. Let's pray together, Lord, God maker of heaven and earth we're grateful for another day, bring us your peace, oh Lord and humble the these precious servants, quicken our hearts to do thy will Lord your servant you direct and guide all that we do not just here in the government Senate but in our homes, in our places of work, have mercy on us lead us in your path ways, bless this great State, bless us here and attain to us now, is in Jesus name we pray Amen. Amen Senator Burger is recognized for a motion Thank you Mr. President the journal of Monday July 27th 2015 has been examined and found to be correct I move we dispense with the reading of the journal and there is stand to prove is written. Without objection the journal for July 27 stand approved is written. Senator we have [xx] absence is granted today for Senators Brown, Daniel, and Cook We also have two nurses with us, we have a Doctor of the day Doctor Lou Willing of Chapel Hill and Nurse of the day Doctor Neilgril of Green of New[SP?] stand to be recognized thank you for joining us in the chamber today senators prime[sp?] the motion of Senator Gun of Alexander Randolf[sp?] County happy to extend courtesies of the gallery to the family of William Lenley[sp?], Clark Lenley[sp?] father Tom Lenley[sp?] senior grandfather Camryn Renly Renolds, sister, and thank them for being the driving force behind legislation today that Sen. Gunn's going to introduce. If you're with us today in the gallery, please stand and be recognized. Thanks for joining us today. We'd also like to extend courtesies of the gallery to the Governor's high school pages. If you're with us here in the gallery, please stand. Thanks for joining us today. Sen. Apodaca, for what purpose do you rise? Motions relative to calendar. Senator, you have the floor for your motions. Thank you, Mr. President. House Bill 532, Workman's Comp/Truck Driver's Status, currently on today's calendar. Move to be placed on tomorrow's calendar. Without objection, so ordered. House Bill 173, Omnibus Criminal Law Bill, currently on today's calendar. Move to be placed on tomorrow's. Without objection, so ordered. House Bill 371, Terror Claims, Damages and for support on today's calendar move that it be placed on tomorrow's calendar. Without objection so ordered. Thank you Mr. President. House Bill 804 Kelsey Smith Act as on today's calendar, move that it be placed on tomorrow's calendar. Without objections so ordered. House Bill 184 is on for third reading. I think, yes 184 third reading, remit storage fees on damaged vehicle, no that's the wrong one, hang on. Change DCR Process for Unclaimed Property. House Bill 184 needs to be moved to next Tuesday. Without objection to your order. Thank you. Ratification of bills, clerk will read. Enrolled bill, Senate enrolling clerk reports the following bill duly ratified for presentation to the Governor: Senate Bill 678, An Act To Amend The Debt Collector Statutes To More Nearly Conform To The federal affairs debt collection practice act, Senate Bill 679 in the net to provide for the recovery of [xx] cost and related cost on voluntary dismissal authorized to request of a borrow up and action to recover of a loan granted to under the North Carolina consumer finance act or upon reduction of a loan made on the act of judgement to clarify the multiple loan limitation under the act to clarify the statute related to whether or not borrowers and members of the military prior to making loans under the act to make technically and forming changes to the act. House Bill 174 an act to amend and enhance certain luxury requirements and protection to tenants
for real properties and for closure and to allow for purchases on an option contract to pursue monetary damages separately from summaries decrements proceedings and other amendments to the home buyer protection act. House Bill 446, an act to amend the statue governing bail bond increase the age of qualifications of licence [xx] as a [xx] to time of limit for the return of security to include the time period in which an appeal from district court may be file, to require the commission INSURANCE TO RETURN THE AMOUNT OF A BONDSMAN'S SECURITY DEPOSIT ABOVE OUTSTANDING BOND LIABILITY IN EVENT THE BONDSMAN IS KILLED OR CEASES WRITING BONDS, AND TO ALLOW A BONDSMAN TO HAVE ACCESS TO THE ADMINISTRATIVE OFFICE OF THE COURTS' CIVIL INFORMATION SYSTEMS. House Bill 5 62 an act to amend various firearm laws. Senators I take this into our calendar we have a couple of local bills on the calendar, starting with House Bill 386, clerk will read House Bill 386 HOPE MILLS/SPRING LAKE/SATELLITE ANNEXATIONS. Do we have any discussion or debate on the bill? Hearing none, the question before the Senate is the passage of the committee substitute House bill 386 on its second reading all in favor will vote aye, oppose will vote no, five second the bill is out for the voting the Clerk will record the vote Bryant, Aye. Apodaca, Aye, Hartsell, Aye. Senator Tucker aye, Senator Bingham, Aye for Senator Bingham. 47 having voted in the Affirmative and zero in the Negative, Committee Substitute to House Bill 386 passes its Second Reading, it will remain on the calendar. House Bill 412 the clerk will read. House Bill 412 [xx] annexation, [xx] annexation. Do we have any discussion or debate on the bill? Hearing none the question for the senate is the passage of senate committee substitute House Bill 412 on its second reading, all in favor vote aye oppose will vote no, five second be allowed for the voting clerk will record the vote. Bryant, Aye. Smith, Aye. Rabin, Aye. 47 having voted in the Affirmative and zero in the Negative, Senate Committee Substitute to House Bill 412 passes its Second Reading, it will remain on the calendar. Moving on to Public Bills, Third Reading Roll Call. Bill, HB 538, the Clerk will read. HB 538, Water and Sewer Service Related Changes. Senator Randleman is recognized to explain the bill. Thank you, Mr President. Ladies and gentlemen, we had a very good vote on this yesterday, it was unanimous and Mr President, I think Senator Tucker has an amendment to present. Thank you, Senator. Senator Tucker, you want to send forward your amendment? Yes Sir, it should be on the dashboard Mr President. The Clerk will read. Senator Tucker moves to amend the bill. Senator Tucker is recognized to explain the amendment. Thank you, Mr President. This bill, this amendment was brought to me and I actually knew of the problem but did not think about it, ladies and gentlemen of the Senate by Senator Woodard and his friend. We have between municipalities an agreement and a disagreement, in some municipalities they allow the condensate from the gas furnace to go into the sanitary sewer drain with the washer, and some jurisdiction they allow the condensate for air conditioners to go into a drain many of you have it piped into the outside of your house at this time of the year, you'll find the big throttle outside your house and it's actually a mud hole, in so many areas where the houses are 15 or 20 feet apart the municipality will allow to be dropped into the sanitary sewer drain and all this amendment does Is I ask that municipality or jurisdictions or inspection allow the condensation from air conditioners and the furnaces to be dropped into the senator sewer drain as to not create initiative with your 90% furnaces will happens if it exposed to the outside on those extreme days where the temperature is 2% of the days, five or six or seven degrees, what happens is the tip of that pipe will freeze out and cause the furnace to shut down, most people don't know it but if you take an extension cord and a hair dryer out there and throttle it out, the front come right back on. This would eliminate warranty call backs, it would eliminate costs of the consumer and I bring forth this amendment for your support and I thank Senator Woodard will have a comment as well and he is a Mister as well. Thank you. Do you have any discussion or debate on the amendment? Senator Woodard, for what purpose for what purpose do you rise? Speak to the amendment sir.
Senator Woodard you have the floor. Thank you. I want to thank Senator Tucker for working with me on this, this is an issue that was raised by a good friend and neighbor who's a home builder, who's placed about of these units in Durham, Wake County and the same target mentioned there is a problem with these freezing up under the current drainage system that is prescribed by a number of municipalities. This would allow us to avoid that problem by sending the condensate from these high efficiency units into the municipal storm order system are allowed to continue using these units. Some of you may know that the high efficiency units are being mandated by the EPA. We have a 20/21 deadline of all thenew homes will have these and replacing our units will have to have these high efficiency, 90% efficiency units placed on them. So the problem that we need addressed, this is a good way to do that and I would urge you to support the amendment. Do we have any further discussion or debate on the amendment? Senator Stein, for what purpose do you rise? To see if the amendment sponsor will yield for a question Senator Tucker do you yield? Yes sir I will. Thank you Senator Tucker, it sounds like a good idea, just a couple of questions since it's a new concept to me. Is anything in the contents say, well first of all, what is the prevailing pact among municipalities does that means power is accepted and others don't? That's correct, Sir. Follow the question. Do you yield Senator? Yes, Sir. Are there Is there anything from the system, any pollutant that somehow gets mixed into it through the aged back system that leads to some units expulsion? Not one that's having it in their water system? that's a good question Senator Stan, there's no bloating I am aware of that comes from the air conditioner condensate, there's an acidic base normal than in a glass on shoot that comes out of the 9% plus gas furnace that comes out, so some municipalities have allowed it others do not and then you end up with the pipe being piped to the outside and it exposes freezes up and people without heat so they'll be installed almost everywhere in everybody's home now, so this is a problem and this will help fix some of that problem for the consumer is really a nuisance call back and of course they have to pay for somebody to come out through the pipe out in front and start working again until it freeze's up again so if inside the structure will keep it from freezing and be helpful but I can't see any reason why municipality other than an engineer deciding that specific based he didn't want in the system but it's not enough pollute inverse[sp?] is the term to cause a problem. One final follow up. Do you yield for a follow up Senator? Do you know if the league has a position on the amendment, and if so what it is? I think probably Senator Woodard could speak to that, he did check with the league to make sure everything was OK with them as well. If he wants to speak to that [xx] thank you. Senator Woodard, do you yield for a question? I will Mr. President. The league has not taken a position on this, and I spoke with their staff this morning. They're going to be taking this in internally, they had not seen the text of the amendment until probably just this moment, and so they're going to take a look at it. Currently some municipalities allow the condensate to go into their system, Charlotte for instance. Some cities are considering that, Durham is considering an ordinance change now, some cities do not and just haven't taken it up yet Raleigh and Cary among those. And if I might Mr. President, if I could address Senator Stein's question a little bit on the pollutant question? You still have the floor Senator. Thank you, Mr. President. One of the questions I think, and Senator Tucker alluded to this is the alkaline PH. The alkaline an acidic scale pH and I fear what is it? Full [xx] treads so here I go to an area of science but the condensate is a little on the acidic side, most of the water that's at our water treatment facilities is on the alkaline side, so a lot of municipalities actually have to treat their storm water with what's called the neutralizer to get it to 7 on the pH scale which is neutral that's where you want that treated water to be, any acidic water that comes into the system and actually help treat that and what you see in the North East is cities that have been treating with neutralizer because they have alkaline, their water's on the alkaline side when they allow the condensate in they're going to be able to stop using neutralizer so there's actually some benefit to municipalities in allowing it [xx] amendment sponsor Any further discussion or debate on the amendment? Senator Apodaca for what purpose do you rise? To see if Senator Hise will yield for a question. Senator Hise do you yield reluctantly be yes. Senator Ice I know we haven't
talked tot he league to see if this is alright but have you had any problems with your window fan, that you're ass is freezing up no Sir, I think this is definitely an issue for warmer climates. Any further discussion or to debate on the amendment. Hearing none, the question for the Senate is adoption of amendment one, all in favor vote aye, the opposed will vote no five seconds be allowed for the voting, the clerk will record the vote. 47 having voted in the affirmative, 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? Hearing none, the question before the Senate is the passage of the Senate Committee Substitute to House Bill 538 on its Third Reading all in favor vote aye, opposed no, five seconds be allowed for the voting, the clerk will record the vote Senator Bryan aye. 47 having voted the affirmative and zero in the negative, the Senate Committee substitute the House Bill five as amended passed its third reading, the [xx] will be engrossed, to be sent to the House for concurrence in the Senate Committee Substitute senators upon the motion the Senator Alexander Wake County the chair is happy to extend the courtesies of the gallery to the Rolly history on the move summer camp if you're with us today please stand to be recognized. Thanks for joining us. Moving on to Public Bills, [xx] second readings, Senate Bill 438, the clerk will read. Senate Bill 438 Permanent [xx] Charter Schools. Senator Tucker is recognized to explain the bill perhaps Senator Tucker 438. Thanks Mr. President apologize for speaking senator Jackson, not far along, yes sir, this is a bill that brought forward by me. The church school association reminded me that the sunset clause was coming up where they could not renew and have prominent place on the transport buses that they use, this is nothing are different from what we had approved previously only that we're removing the sunset days and allowing him to keep permanent pledge, thank you all, I'll be glad answering questions Mr. President Do you have any discussion or debate on the bill? Hearing none the question for the senate is the passage of senate bill 438 on its second reading all in favor will vote aye opposed will vote no, sorry senator Smith Ingram has a leave of absence for the remainder of the day the clerk, any discussion or debate on the bill? Hearing none the question before the senate passes senate 438 on its second reading all in favor will vote aye, opposed will vote no five seconds be a lot for the voting clerk that will record the vote 46 having voted the affirmative and zero in the negative, Senate Bill 438 passes its second reading without objection, be read the third time. [xx] [xx] [xx]. Any discussion or debate? hearing none the question before the senate is the passage of senate bill 438 on its third reading all in favor will say aye, opposed no, the ayes have it senate bill 438 passes its third reading and will be sent to the house. House bill 134 the clerk will read. House bill 134 soliciting prostitution immunity for minors. Senator Lee is recognized recognized to explain the bill. Thank you Mr. President. Colleagues this is a bill that provides immunity for the prosecution of minors for soliciting prostitution and orders that the law enforcement officer report this under the human trafficking legislation that this chamber and the legislation passed in 2013. when I was first given this bill I was told this was a technical change to fix something and as well try to be happy to help and then I saw immunity for solicitation to prostitution, was not your typical technical change, so I actually did some research quite a bit of research I know most of you in this chamber, who were here in 2013 know about human trafficking, and sex trafficking, and how it impacts children not any older than some of our pages in this room and how it impacts people, and am sure you've also read these stories and articles about how some of these traffickers brand what they think is their property with tattoos and one article even went as far as to showing one that had a bar code on the back of this ladies neck. It's horrible, horrible things that go on in North Carolina. North Carolina I think ranked number eight in one of the state that is conducive to human trafficking so I ask your support, from what I was told was a technical change but technical change will impact the lives of children
across our state, Thank you Do we have any discussion or debate. Hearing none question for the senate is the passage of the committee substitute House Bill 134 second reading on favor vote aye, opposed will vote no. Five seconds to be allowed for the voting. The Clerk will record the vote. Apodaca, aye. 46 having voted in the affirmative and zero in the negative, the Committee Substitute to House Bill 134 passes its second reading and without objection will be read a third time. North Carolina General Assembly enacts. Any discussion or debate? Hearing none, the question before the Senate is the passage of Committee Substitute to House Bill 134 on its third reading. All in favor say aye. Aye. Oppose no. The ayes have it.committee Substitute to House Bill 134 passes its third reading. It will be enrolled and sent to the Governor. House Bill 215, the Clerk will read. House Bill 215, Procedure for Waiver of Jury Trial. Sen. Lee is recognized to explain the bill. Thank you, Mr. President. As many you know, the constitutional amendment was voted on by the voters in North Carolina to allow for defendants to waive their constitutional right for a jury trial. The issue is that since that amendment passed and today there have been no procedures established by which to actually waive that particular right. It's caused a lot of issues the court system so what this bill does is number one to establish a notice provision eccentric free way to do it by stipulation by a notice of intent filled by the defend or an open court all at certain times in the proceedings and then upon the constitutional amendment it does require judicial consent and it talks about consent procedure in addition it talks about ratification how and when a defendant might be able to revoke that particular waiver of that constitutional right. And finally, one of the issues that I think is the only issue that currently remains and outstanding issue everything else has been agreed to by all the stake holders except possibly this one section list finding of fact, this currently requires the judge if a request has been made prior to the entry of judgement of guilty or not guilty to align the judges finding of facts with respect to how there's determination, I'm not sure that the House is going to incur because of this one particular provision but after doing gradual research and talking to folks, I have to say I was somewhere on defense in our committee meetings, but now I feel firmly that we need to keep this I think it's important and ask for your support. Any discussion or debate on the bill? Senator for what purpose do you rise? Yield for a question, senator Lee do you yield? Yes sir. Senator Lee I was looking at that and one of the provision that you mentioned one of the arguments offered for heaven this division is so you get clear reason and apella quote for review, is that correct? Have had that as well as a number of other reasons when we were in committee yes sir. Another question. Senator do you yield for a follow up? Yes Sir. The reason I had asked that is that I don't think unless we're creating some new right, that there's a right to appeal from a finding of not guilty in the trial court, that's the fact finding it's of the is that the fanning of guilt itself, I don't think you can appeal from it, can you? At the state that is You can appeal a particular finding of fact? No, no, no. The state cannot appeal if finding of not guilty by a jury. And I'm wondering if we're creating some basis for the state appealing a finding of not guilty by a judge. I'm not sure that we're really creating anything. I think what we're trying to do here is to establish a proper procedure by which a defendant can wave that constitutional right but the waiver itself is not a constitutional right, and in fact this particular language was pulled directly from the federal rules of civil procedure outlining exactly what needs to occur in a federal criminal trial when a defendant in fact waves that constitutional right. Thank you. Any Further discussion or debate? Hearing none the question for the Senate is the passage of the Senate Committee Substitute to House Bill 215 on its second reading. All in favor vote aye. Opposed will vote no.
Five seconds will be allowed for the voting. The Clerk will record the vote. Apodaca, aye. Bryant aye. 46 having voted in the affirmative and zero in the negative, the Senate Committee Substitute to House Bill 215 passes it's second reading and without objection will be read a third time. North Carolina General Assembly enacts. Do we have any discussion or debate? Hearing none, the question is the passage of the Senate Committee Substitute for House Bill 215 on its third reading. All in favor say aye. Aye. Opposed no. The ayes have it Senate committee Substitute to House Bill 215 passes it's third reading. It will be sent to the House for concurrence in the Senate Committee Substitute. House Bill 284. Clerk will read House Bill 284. Civil Contempt Jury Duty. Senator Hart is recognized to explain the bill. Thank you, Mr. President. Members of the Senate, the bill two things. One it does expressly say that a fine is not a remedy for civil contempt and that's because of the rationale where civil contempt is initiated. There're some court sessions that says that it could be and we're trying to say that this is the law. The second item was an amendment headed by or suggested by Senator Rachel which expressly said that students who are in school or have a state, under certain circumstances expressly and advance may obtain an exemption or deferral for jury duty upon presentation of specific information that says they'll have a state. Other than that, that's what the bill does and I commend it to you. Senator Robinson for what purpose do you rise? To send forth an amendment. Senator Robinson you can send forward your amendment. Clerk will read. Senator Robinson moves to amend the bill. Senator Robinson is recognized to explain the amendment. Thank you. Ladies and gentlemen in the J-1 committee we had some discussion about certainly the bill itself in terms of students who may be taking classes out of state, but this amendment also says that there may be other circumstances. And so maybe what it does is ask for study of excusals from jury service for and to look at those reasons which may include people who are on work assignment urban state as well, who may need to be excused it does not excuse somebody. Simply is a study to look at the reasons that are often times given in addition to this. So that's all it does and to report those findings back as we convene our regular session in 2016. So and I'd heard Senator Rucho say that that's something we might want to look at, so I think this study will give us that information as we move forward, so I ask for your support. Do we have any discussion or debate on the amendment? Hearing none, the question before the Senate is, the adoption of amendment one, all in favor vote aye, opposed will vote no, five seconds to be allowed for the voting clerk will record the vote Senator Bryant aye 45 having voted in the affirmative and one 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, the question before the Senate is the passage of Senate Committee Substitute to House Bill. Sen. Rucho, for what purpose do you rise? At the appropriate time, I'm going to object to third reading. I think the effective date was tampered with. Thank you. Any further discussion or debate? hearing none, the question before the senate is a passage to the senate committee House Bill 284 on a second reading, all in favor will vote aye, oppose will vote no, five seconds be allowed for the recording, the clerk will record the vote Blue. Senator Blue. 46 having voted into the affirmative and zero in the negative send to committee substitute to House Bill 284 as amended, passes it's second reading and Senator Rucho[sp? Objects the third reading, it will remain on the calendar House Bill 556 clerk will read. House Bill 556, achieving a better life experience [xx]. Senator [xx] is recognized to explain the bill thank you Mr. President before I do I'd like to send forward an amendment please? Send forward your amendment, clerk will read. Senator Barringer move to amend the bill. Senator Barringer is recognized to explain amendment. This is truly a technical amendment
we amended the bill in the finance committee because was a technical glitches that he was going to get noticed upon the death of the beneficiary, and when we got that we did not change the title of the sub section containing that change so that all this does it deletes the word to account owner I ask for your support. Do we have any discussion on debate on the amendment? Hearing none the question before the senate is the adoption of amendment one, all in favor vote aye, oppose will vote no, five seconds will 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 Senator Barringer is recognized to explain the bill as amended. Thank you Mr. President, ladies and gentlemen of the senate I bring before you today House Bill 556 we voted unanimously for Senate Bill 387, the ABLE Act earlier this year and this is virtually the same bill. What this does is allow 529 Plans consistent with federal law to be established for people with disabilities so that they and their families can plan for their future. I want to thank particularly Senator Hise and Senate Apodaca, and so many of the others of you in this Chamber who've worked on this. This a good bill, Senate Burr in Washington spearheaded the movement there. I ask for your support. I'll be glad to answer any questions, but we have heard this bill before here. 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 556 as amended on its Second Reading. All in favor will vote Aye, opposed will vote No, five seconds to be allowed for voting and the Clerk will record the vote. 46 having granted in the Affirmative and 0 in the Negative, Senate Committee Substitute to House Bill 556 as amended passes its Second Reading Objection the time. North Carolina general assembly enact. We're having a discussion or a debate? Hearing none, the question before the senate is a passage senate committee substitute to House Bill has amended on its third reading. All in favor day aye, oppose no. The ayes have it. Senate committee substitute House Bill 556 as amended, passes its third reading, the memo will be engrossed, it will be sent to the house for concurrence in the committee substitute. House Bill 792 clerk will read House Bill 792, privacy protection from revenge postings. Senator Jackson is recognized to explain the bill. Thank you, Mr. President. Members, this bill was in attempt to address the revenge warn that we've heard a lot about in our news media and especially on social media and section one of this does that in defining a revenge porn as disclosure of an explicit image of another individual with the intent to demean, coerce, harass, intimidate or cause financial loss to the individual depicted in the image and as we say this trend is not slowing down any by some of the efforts that are being done and it's been linked to reports of violence and sadly to suicides as well. The second part of the bill makes it a Class 2 Misdemeanor to expose oneself to another person on private premises other than one's own, unless the other person is a consenting adult. I do know of one amendment and there might be others, but I'd be glad to answer any questions after they come forward, thank you. Senator Tillman, for what purpose do you rise? Send forth an amendment. Senator Tillman you can send forward your amendment, the Clerk will read. I believe you have it on the dashboard. Senator Tillman moves to amend the bill. Senator Tillman is recognized to explain the amendment. In the process of discussing this amendment with Senator Apodaca, [xx] I was taking a nap, that's closer to the truth than you might realize Clerk? Senator you have the floor. Thank you Mr. President. There was a discussion about super imposing one image on another depicting sexual body parts and so forth private body parts, and the law is not clear about who's a responsible party etcetera, for doing this. And in a world of politics they can do this to you, ladies and gentlemen, as well as anybody else if they want to super impose UFA's on another body, that's an issue that's not clear in the law right now, and the staff thinks that we should study that issue and then clarify exactly who the responsible party is and what penalty might have been involved and that's what this asked for. Do we have any discussion or debate on the amendment? Mr. President? Senator Jackson what purpose do you rise? To speak to the amendment.
Senator Jackson you have the floor. Members, Senator Tillman discussed this amendment with me and I certainly thought it was great because he'd made the comment that they might impose my head on his body and I told him I didn't think that would be appropriate so I would ask that you support this amendment. Do we have any 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 voting, clerk will record the vote. Rucho aye 46 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 Sen. Blue, for what purpose do you rise? Send forth an amendment. You can send forth your amendment, Senator. The Clerk will read. Sen. Blue moves to amend tho bill. Sen. Blue is recognized to the amendment. Thank you, Mr. President. This amendment does nothing substantively to the bill. Under the general statute and chapter one is a list of the limitations for bringing various actions, this bill has is it within the subsequent regalia of the bill and all I'm doing here is seeing in chapter one of the general statutes we discussed it in the committee the provisions to as to how long the statutes of limitations will be, will be inserted. So as one is searching for the relevant statute for bringing the course of action, he'll find them all in the same place. A move the adoption of the amendment. Do we have any discussion or debate on amendment two? Hearing none question for the Senate is adoption of amendment two. All in favor vote aye, opposed vote no. Five seconds will be allowed for the voting. The Clerk will record the vote. Rucho[sp?] aye. Sucheck[sp?] aye. 46 having voted in the affirmative and zero in the negative, amendment two is adopted, the bill as amended is back before the body. Senator McKissick, for what purpose do you rise? Send forth an amendment. You can send forward your amendment. The Clerk will read. Senator McKissick moves to amend the the bill. Senator McKissick is recognized to explain the amendment. I'm bringing forth this amendment on behalf of Representative Stan and Representative Reeves and the bill sponsors have no objection to it, it addresses the situation dealing with indecent exposure that might occur outside of someone's individual home lets say was in a home of another, and there was a minor challenge involved, we don't have adequate protection today apparently this has come up in the contest of to several cases, and there was a need to address it so this is a systematic way of doing so, I support the bill in to its entirety I appreciate those who have moved this bill before it's an issue that desperately needs to be addressed overall in terms of [xx] is certainly a very significant problem ready for discussion on amendment three, hearing none is adoption of amendment three favorable aye oppose no five seconds be left for the the voting, clerk to record the vote [xx] Apodaca Aye 46 having voted in the affirmative zero in the negative amendment three is adopted, the bill as amended is back before the body, do we have any discussion debate senator Robinson To set forth the amendments We can set forth the amendments Clerk will read. Senator Robinson moves to amend the bill. Senator Robinson is recognized to explain the amendments. Thank you Mr. President and I want to appreciate senator Jackson for discussing this issue with me and coming to some agreements in terms of the impact this penalties have especially on young people. So the amendment simply says that any person who is guilty of a first offence, if you're 18 or older at the time of the offence it's a class make sure this is right, class one misdemeanor, any person is for any person, however on the second offence those 18 or older the offence would be class H felony, but on the second or subsequent offense if the person is under 18 then it would be a class one misdemeanor and that sort of lessons the impact on the kids who do stupid stuff and they engage them some recourse in terms of not impacting their whole life but gets then to counselling, gives them a lesson it's a penalty and a chance to really get their lives together, so I commend the amendment to you.
Do you have any discussion or debate on amendment four? Senator Meredith, for what purpose do you rise? I have a question for the amendment sponsor please. Senator Robinson do you yield for a question? Yes. Thank you Sir, I just want to make sure I'm clear so you can have this offence three times and it will just be a misdemeanor is that what this amendment is doing, getting three opportunities? Mr President, You have the floor senator What the amendment intends to do is that for those under 18 most of the kids who are doing this stuff are the past [xx] may be by my grand children or your grand children whatever but it lessens and says that if the person was felony, so says the misdemeanor the second time unless and I don't know the law because I'm not a lawyer and I think if there are some other things that may be a felony, but makes it a class and misdemeanor on the second of subsequent 10 is what it is, and then if you're misdemeanor over 18, class one misdemeanor the first time and then a felony after that if you are over 18, is that clear? that I heard first time miss demeanor saying that they would get three opportunities if they are under 18 after they've been charged, after they've gotten [xx] already, we're going to give them two more opportunities to with [xx], is that correct? Yes, that's what this amendment says. Okay, thank you. Senator Jackson what purpose do you rise? Hi Mr. President, to speak on the amendment. Senator Jackson you will of course speak to the amendment Thank you Mr. President. Members, I discussed this amendment with Senator Robinson and I feel like it's a good amendment. I mean, all of us I've done stupid things, whether we'll be 16 or whether we'll be in our 50's, we do stupid things once and so in this case, if you are over 18 years old, you sort of get a miss demeanor the first time that second time [xx] is a felony. And then if you are under 18, you do get a to two-three times Senator Meredith, before you are charged with a felony and I think that's only fair because if we're not careful folks, I really believe we've got a tendency to slap a felony in a lot of things here in our state that does not need to be felonies that ruin our young people's lives going forward. So I ask for your support for this amendment. Senator Newton, what purpose do you rise? To see if Robinson to yield to a question? Senator Robinson do you yield? Yes Mr. President. Thank you Mr. President, thank you Senator. I want to ask you, I think I understand what you are trying to do with this amendment. And I'm a little bit uncomfortable because we had this in committee and we had the opportunity to discuss this bill at length and I think it probably would have worked better if we could have this amendment there or discuss this there, and I want to ask you if you would consider withdrawing your amendment and object, let me or you object the third reading and consider bringing it back because I'd like to make sure that I understand how this amendment affects or complies with other penalties that we have in the Law to make sure we're trying to be consistent. Mr. President Sen. Newton that's fine with me if its alright with Sen. Jackson. We have worked together on this in terms of making the changes so that it is amenable to the legislation, so if he's alright with it, I'm alright with it. We just want to make sure that the kids are not constantly penalize and keep them from being able to have a productive live. Well we can do something about it. So I'm okay with that. Withdrawing it and letting me object to third reading if I may. Yes, if Sen. Jackson is fine with it, I'm fine. Senator Robinson, you withdraw the amendment, Senator Robinson, are you withdrawing the amendment? Yes, I am, Mr. President. Senator Robinson withdraws the amendment four and the bill as amended is back before the Body. Do we have any further discussion or debate on the bill as amended? Hearing none, the question for the Senate is the passage of Senate Committee Substitute to House Bill 792 as amended on its second reading. All in favor vote aye. Opposed will vote no. Five seconds will be allowed for the voting. The Clerk will record the vote. Wade, Got you. Berringer, Aye. 45 having voted in the Affirmative and 1 in the Negative, Senate Committee Substitute to House Bill 792 as amended passes its Second Reading. Senator Newton objects to Third Reading? Yes. Yes, Mr. President. And it will remain on the calendar. Mr. President.
Senator Tillman? Senator Tillman changes his vote from No to Aye, final count was 46-0. House Bill 814, the Clerk will read. House Bill 814, The William C. Lindley, Jr. SUDEP Law. Senator Gunn is recognized to explain the bill. Thank you, Mr. President. Before I explain the bill, if I could I'd like to send forth an amendment. You can send forward your amendment Senator, the Clerk will read. Senator Gunn moves to amend the bill. Senator Gunn is recognized recognized to explain the amendment. On one line we're changing the word unexplained to unexpected. That was just a typographical. Do we have any discussion or debate on amendment one? 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 voting, clerk will record the vote. Senator Lowe? Aye, Senator Bryant? Aye. 46 having voted in the affirmative and zero in amendment one is adopted. The bill as amended is back before the body, Senator Gunn is recognized to explain the bill. Thank you Mr. President, and before I take a moment of personal privilege out of order, I'd like to go ahead and explain the bill and have a vote if we may. I'd like to also thank Representative Radel for his effort on this bill. The William C. Langley pseudo law will do the following, it will require the office of the Chief Medical Examiner to direct county medical examiners to complete continuing education training that includes training regarding sudden unexpected death and epilepsy the four quick points that I think you need to know, is it will require continuing education training for county medical examiners to establish and publish guidelines. It requires continued education including training on sudden unexpected death and epilepsy. Required to continue in education training guidelines to be published annually updated on the website of the chief medical examiner and it also will require newly appointed medical examiners to complete mandatory orientation training as directed by The Office of the Chief Medical Examiner within 90 days of their appointment, and this will also include training on set up. There's three other provisions that I believe are in the Senate Budget having to do with the appointment of medical examiners at the elimination corner as a possibility of a medical examiner and gives Chief Medical Examiner the right to revoke a county medical examiner's appointment for failure to adequately perform duties after giving written notice. What I want you to know is that SUDEP does refer to the unexpected death of a person with epilepsy, is the leading cause of death in young adults with uncontrolled seizures. Believe it or not, estimated cause is 17% of deaths death with people in epilepsy, it's a tragic illness and it strikes without warning. We're not going to ask the medical examiner to do specific requirements but just to set these guidelines. This bill is really about awareness, I imagine there's people in here who didn't even know that SUDEP existed. And what I have found in my studies as this thing was brought to me is that it is tragic and it's tragic because it's sudden, it's tragic because it's unexpected and it's tragic because it's death. And I am glad and appreciate the fact that bring in this to me and I would greatly appreciate your vote on this important legislation. Do we have any discussion or debate on the bill? Senator McInnis for what purpose do you rise? To speak to the bill. Senator McInnis you have the floor. Thank you Mr. President. Ladies and gentlemen of the Senate, this is a very important piece of legislation. I had the privilege to meet William's father not too long ago and have long, involved, deep and intimate conversation about this matter it was something I had no idea about and I think many others in the sound of my voice have the same thoughts. This is very important I'm honored to speak to this bill and ask for your support on it, because I think it's a long time coming, it's very important and it will add a new dimension of knowing what causes a tragedy such as happened to William and his family, thank you very much. Do we have any further discussions or debate on the bill? hearing none, question for the
senate is the passage of senate committee sustitute the house bill 814 as amended on it's second reading, all on favor vote aye, opposed will vote no, five seconds to be allowed for the voting, clerk will record the vote. McKissick aye, Van Duyn aye, Lowe aye. 46 having voted in the affirmative and zero and in the negative Senate committee substitute House Bill 814 as amended passes it's second reading without objection will be read a third time. North Carolina general assembly enact. Any discussion or debate? Hearing none the question for the senate is the passage of the senate committee substitute the house bill 814 as amended on it's third reading all in favor say aye, opposed no, the ayes have it. Senate Committee Substitute for House Bill 814 as amended passes its third reading, will now be engrossed to sent to the house for concurrence in the Senate Committee Substitute. Senator Daniel has joined us for voting again. Senator Dan you're recognized for point of personal privilege out of order. Thank you Mr would not be right if I would passed this bill and not say a couple of words about Professor William C Langley first and foremost this is an individual that I grew up with, I grew up with his parents, his family, he is from Burlington North Carolina say a few things about William. William had an IQ of 150 at eight years old, he was admitted to UNC Chapel Hill at 12 year old, he was an Eagle scout. He was president of the Williams Student Body. He hiked 950 miles on the Apache trail, spent eight whole Summers Senator Hise with the [xx] service project which is kind of the [xx] for humanity, eight full years he participated in this it's going top 4 or 450 Master students in Appalachian state, he was allowed by his professor In the second year to draft courses and those courses were approved and became part of the curriculum for the Master programs in Appalachian state, he was doing what he did best and that was reaching out to others, serving others, not for the money, not for the esteem, not for the prestige but he just loved reaching out on a personal note, growing up he was my two son's favorite sitter, because just like he did as a professor reaching out to young kids making a difference in their lives Yes, way you make the bed come May 31st 2014, I did not wake up on Sunday, the 1st of June. What was it? what was it? The truth of the matter we didn't know. The coroner didn't know. Was it foul play? Did he have an accident? Did he have a big night? We don't know, and that's why this bill is so important because you see the family. Now this rocked our community. They rocked my community of faith that the First Presbyterian Church, it rocked the community of Burlington North Carolina. And we all got through it, and we were shocked but I cannot imagine what that family went through. Cannot imagine and I cannot imagine today what they still go through, but you know what I guess we could say that this may spring some closure to the family but I would say that that's not the case. I would say what we're doing is starting something today. This is not a closure, this is the beginning of making a tragic death something that many, many, young individuals who would affects the most can have a chance maybe to leave because we will have a better awareness of what it would appears and I want to commend this body as I always do, we can talk about budget, we talk about policy, we can talk and agree on things, and we can disagree on things but I'm always proud of this legislated body for how they come together and a chance to help families and communities in all states reach out and help others and for that I'm very very grateful, Mr. President I would like to take a
second if I can because this would not be infront of representative Roy Bill and myself today, if it hadn't been for the passion of their family to bring this to us especially to dad[SP?] clock lendly who happens to be my agent and business partner and a dear friend, so if I may I would like to recognize stand again if you don't mind, the family of William Langley who has worked so hard to bring this to us we have with us today, start the clock Langley sister Herman, Lindley Granolds and grandfather Tom Lindley senior thank you all personally for doing what you're doing to help the state and help the young lads here and I'd like to ask you to join me in giving them a warm reception a round of applause, thank you. That Senators we have one final item on the calendar, Concurrence Bill Bill 345, the Clerk will read. Senate Bill 345, Limit Storage Duration for Damaged Vehicle. Senator Meredith is recognized. Thank you, Mr. President. Members of the Senate, I would just ask that you concur. The date has just been changed from July to August, thank you. Senator Meredith asks that you concur in the motion. Senator Alexander, for what purpose do you rise? I must recuse myself and I've send in the form. Thank you Senator. Any further discussion or debate on the motion? Hearing none, the question before the Senate is the motion to concur in House Committee Substitute to Senate Bill 345. All in favor will vote Aye, opposed will vote No, five seconds to be allowed for the voting, 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 Senate Bill 345, it will be enrolled and sent to the Governor. And that wraps up our calendar for the day. Senator Tillman, for what purpose do you rise? Thank you Mr. President. A moment of personal privilege please Sir? Senator you have the floor for a moment of personal privilege. We've recognized Ed Kesler, one of our Sergeant all Americans at boarding high school in Carolina and Charles [xx] played with Cleveland[xx[and other sometimes we've got a sergeant of arms back in the back their Marcus Kits who would be leaving us to join the Yadkin or Yadkin bank believe Thursday is his last day. I will give you a little background on and this young man I dint get his his high [xx] I'm going to guess is 5 feet 21 inches and a little bit of his background he went to [xx] high school an apex, he is an all American he played in the Taiwan for the athletics in action he played college basketball at William and Mary on a full scholarship he played professionally in France for four years and he wanted as to know that he married his amazing wife Hailly[sp?] last year we want to thank you for what you have done while you were here and wish you well in your new venture with Yadkin bank Mr. President Senator Brock what purpose do you rise? Point of personal privilege. Senator Brock you have the floor every other year we play Basketball against South Carolina and I will say one thing with Marcus coming out their and playing with legislators he took it very very easy on us and I know that must be frustrating for someone of his talent to hold back for so long but needless to say when he went back to South Carolina he did not hold back on them. He took it out on them and we joked that, well actually we're not joking. We are recruiting him to run for office one day because we need help. Any other notices or announcements? Senator [xx] for what purpose do you rise? to make announcements of two conference committee appointments. You have the floor senator. Thank you. Senator Burger has a to follow senators to serve as conferees on House Bill 268. Short title amend transportation laws senator [xx] chairs senator [xx] senator [xx] and senator [xx] second committee appointments, Senator Burger
has appointed the following senators to serve his conferees in House Bill 512 amends clarify back up psap requirements. Senator Pete Chair[sp?], Senator Less, Senator McCisick, Senator Hies Senator Anderson. Thank you Mr. President. Thank you Senator. Senator Brient, for what purpose do you rise? A moment of personal privilege. You have the floor Senator Brient. I thank you members of the senate, you'll see at your desk a senatorial statement honoring Dr. Rusty Stephens who is the President of Wilson Community College and will be retiring on Friday he started out his educational career in community college, was 12 years with us in Wilson and then spent years at five other community colleges in his successive roles of expanding authority. He's an outstanding educator and leader, we will miss him and wish him well in his retirement, and thank you for these moments of personal privilege. Thank you Senator. Do we have any further notices or announcements? 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 standard stipulations set forth in Senate Rule 24.1 ratification of bills, appointment of conferees, receipt of House messages to reconvene on Wednesday, July 29th 2015 at 9.30AM. And Mr. President, just so the members will know, the session at 9.30AM will be a session we'll take care of the Senate's business then. Then we'll take a recess, and the plan will be to return at 1.00PM. There is a resolution memorializing the late Senator Harris Blake. Thank you Senator. The motions of senate are now adjourn, subject to the stipulations stated by Senator Berger to reconvene Wednesday, July at 9:30 AM, seconded by Senator Tucker, all in favor say aye, Aye! Opposed no. The ayes have it, the senate stands adjourned.