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Senate | August 19, 2015 | Chamber | Senate Session

Full MP3 Audio File

Soon we'll come to order. Sergeant-at-arms will close the doors as members gather to their seats. Members and guests in the gallery please silence all your electronic devices. Leading the senate in prayer is Reverend Peter milsen senate Chaplin all members and guests in the gallery will please stand. Bow our heads and pray. Heavenly father, pray for his leaders he assembled, pray for their health, pray or their hearts. Lord you love us so much you help see for them everyday, the thousands that keep this public servants in their players. Thank you for those who intercede for us. We pray against their temptation towards luxury, we prayed against their temptation towards self indulgence, make us to fear you Lord knowing that it's you that hold us in the palm of your hand. Have mercy Lord Then come to our assistance quickly in Jesus name I pray amen. Senator Baker is recognized for a motion. Thank you Mr President the journal of Tuesday August 18th 2015 has been examined and found to be correct I move we dispense with reading of journal and it stands approved as written. Without objections the journal of August 18th stands approved as written. Senators, we have leaves of absence granted today for Senators Barringer, Brock, Cook, Meredith and Robinson. Our nurse of the day is Caroline Collins of Summerfield, North Carolina. Nurse Collins, thank you for serving the Senate today. Senators, upon the motion of Senator Apodaca of Henderson County, the Chair is happy to extent courtesies of the gallery to Troy Watzowitz[sp?], a first lieutenant army ranger who has served one deployment in Afghanistan and is now stationed at Fort Bragg. Troy, if you're with us here in the audience, please stand and be recognized. Thank you for your service welcome too. And senators, upon the motion of Senator Tom McInnis of Richmond County, the Chair is happy to extend courtesies of the gallery to the 12 youth ponytails girls softball teams with their coaches and chaperons from Rockingham, North Carolina, who recently won the Dixie Youth 12 In Hertzfield, South Carolina. So if you'll please stand. Congratulations and thank you for joining us today. Ratification of bills. The Clerk will read. All bill [xx] pass the following bill duly ratified for presentation to the governor. Senate Bill 52, an Act to authorize in the city's to allow activation and parking meters by Cash, Credit Card, Debit Card or other Electronic Means. Senate Bill 185, an act to Clarify Credit for Time Served as Recommended by North Carolina send the teams and policy advisory commission. Senate Bill 332, an Act to enable the registry of deeds to collect additional fee is for investing information that contain exhibits with multy into all parties. Senate bill 477, an act to follow [xx] and correctional center [xx] to the Bladen County Border Commissioners. House Bill 268, an Act to make various changes to the transportation laws of the state. The following bill ratified properly enrolled and prepared for presentation to the office of secretary of state senate joint resolution 20 a joint resolution honoring the veterans of world war II. Senators I take this to our calendar for the day and we've just one item on our calendar under public bills for concurrence senate bill 446 the clerk will read. Senate bill 446 the [xx] unmanned aircraft Brunswick County. Senator Jackson is recognized to speak to the motion. Thank you Mr. President. Members this bill came back from the House with a couple of things added to it to appeal Senator Ford so he doesn't have to ask me, so I'm going to go ahead and tell you what to do. They basically take the first

part of the bill as we saw to send it over with the dealership loaner vehicles and they actually have modified it in the house to create a more regulatory framework for dealership on vehicles, the language as we seen it over has not changed. And probably there is no uniform method of rest and entitling these vehicles and this language has put it a place where there is one. And the DMB supports this as well as the North Clan of Automobile Dealers Association. The association number two is the Man Aircraft the UAVs as renown, this section was added and House Transportation has simply made some clarifying changes for North Carolina own manned aircraft regulations to Statutes and it lands us with FAA nowhere in this bill is with OB can you operate a UAV without a federal FAA liaisons. And then, this third [xx] candidates was also added in the house and [xx] the county board of commissions goes to regulated the operation [xx] within this jurisdictions. And these deal will conflict or supersedes the federal state laws [xx] concurs. Thank you. Senator Jackson ask that you concur the remedy discussion debate Senator Van Dyn for what purpose rise? To ask Senator Jackson a question. Senator Jackson do you yield? Yes sir. Senator Jackson about the drone provision of this bill, what steps are taking to ensure that we respect the privacy of our citizens when a chief information and officer okays the use of drugs? Mr President Senator Van Dyne to respond the question I'm not sure this bill actually addresses what you've asked basically what this bill is saying is that prior to this, last year we had enacted laws concerning UAVs and this basically the FAA has come in since the with new laws and this is mainly qualifying what the FAA is doing so when the FAA says you can do it you can do it but this Bill is just sort of mirroring what the FAA is doing. Senator Jackson do you yield for a followup? Yes sir. Okay does this [xx] though that the FAA regulations are ready yet? Is that true? I'm sorry if you said it you're not ready yet you're exactly correct and that is reason we're trying to change this because we sort of got ahead of the curve on this and we're sort of backing up and go with the FIA on what they do. One more follow up? Senator do you yield? Yes sir. So does this rule give anyone in North California the ability to a fly drones prior to the regulations that are being developed by the FAA. Mr. President, to answer that to the best of my knowledge Senator [xx] the only way you can do that is have an FAA licence and be permitted by the state as well and I don't think either one of those have actually been put in to place yet other than yes the only ones I'm aware of is that some of the universities and that they are doing it for some agricultural related experiments Okay, thank you. Senator [xx] for what purpose do you rise? To see if senator Jackson Will yield for a question. Senator Jackson do you yield? Yes sir. Thank you Senator Jackson as I understand the conversation you just having with senator Vandan got to do with private citizens use of drowns the part dealing with the CIO authorizing local government use of drowns. What happens after December 31, 2015? I ask because on line one of page five, it says until December 31, 2015 the CIO has the authority to approve or disapprove. I'm not sure what happens after that day. To my understanding Senator Stein, after that date the FAA will have their rules in place and that's what you have to follow. Thank you. Senator [xx for what purpose do you rise? Yes Mr. President, to see if Senator Jackson will yield for a question. Senator Jackson, do you yield? Yes sir. Thank you, Senator page six of the bill, I'm just curious. Why was the age lowered for permit holders from 18 years to 17 years old, was there a rational for that or any data to back that up? Mr. President and Senator Smith Ingram, I could not honestly tell you why all that. Senator Tucker for what purpose do you rise? To ask the bill manager a question. Senator Jackson, do you yield?

Yes sir. Senator Jackson I same lines with senator Van Dyne since we I guess I'll ask since we got short calendar will don't know how to ask this from a privacy stand point, but for example suppose Senator Apodaca and Senator Lowe came in from a bicycle ride in there speedo's and they want the lounge beside the pool, from a privacy stand point, would a 17 year old be able to take a drone and fly over that pool and take pictures? Mr. President. Senator Tucker. God help them if they do, because sir. Senator Blue for what purpose do you rise? Yes to see whether Senator Rabin Bandswick will yield for a question. Senator Rayden Bandswick do you yield for a question? I might as well. Senator Raven I know you haven't participated in discussion on this but, could you tell me what this section relating to the regulation of [xx] counties of activities on navigable waters is trying to get at and the reason I asked that question is because half of the [xx] county, isn't it? I would attempt two and I can give you two specifics that are on going in [xx] county that the county commissioners have asked for us to address one is in the inter coastal waterway near [xx] that one would assume was under the purview of the is and with the coastguard but neither one of them wants to address the problem and that is 70 to 80 foot [xx] whose owner is deceased and whose family no longer claims and it is just sitting on the bottom and creating a hazard however since it does not reach into the [xx] of the water waves, the coast guard says its not a hazard to navigation and the [xx] engineers says it's not their problem and there's nobody to remove it and the County can't do it without being able to do so. That's one instance and another small boat harbor offloading and harboring area there, there are several selling vessels that are full time, part time residents as you might as well say that they residences or the owners do not live on, but they go back and forth and then they stay there for some period of time, but they go back and forth on little tender boats, and those vessels have stayed in there for months if not years at a time with no dumping facilities for their sewage, etcetera, etcetera, etcetera. And they are a hazard to swimmers and boaters in the area, but there's no regulation for this particular area, and so the commissioners have requested that. OK. Follow up? Senator Rabin, do you yield for a follow up? And pardon me I said law at Neuse thinking of up river, but the law at Cape Fear. Is there any activity that the commissioners contemplate, that's Brunswick County, contemplate that would regulate activity in the Neuse River, the Cape Fear River on the channel that comes up the woman can navigable challenge sense, they can need others, possess half of the river don't they? it is I would assume this law would give some lee way there, but that is not the purpose behind the bill notice really those students that I've mentored I'm sure all the counties a long the coast have similar problems but no one else has chosen to come up and maintain [xx], but they may. Senator [xx] for what purpose do you rise? Mr. President to ask Senator Blue a question. Senator Blue do you yield? with some hesitation but I do.  Senator Blue I could not understand senator Rabin's answer to your question tries on night it's there somewhere. Could you explain that to me in English no you can't. although both of us hail from South Eastern North Carolina, he speaks a different language than we do in Madison. No I can't. Senator [xx] ask Senator Blue a question. Senator Blue do you yield?

Senator Blue what kind of [xx] did you have when you declared that the News river runs through [xx] turn all the under branches of county. My recollection is that's in [xx] county an those down to mortgage city I believe, they can't fear. Again it somewhere and it ends somewhere else is that your understanding That's my understanding and that's correct but you my might I do have a geography book and the forth agreed that mislabel those and I'm still trying to get over it I hope you don't have any further discussion on the debate. Senator Jackson asked that you concur, Senator Vandan whatpurpose do you arise? I'm very sorry could I ask Senator Jackson another question? Senator jackson do you yield? Absolutely, thank you. And I'm still struggling to understand. the Durham portion of this bill, the 17-year old notwithstanding, do we know, it specifically mentions government agencies in this. Do we know what our government agencies what they're doing withdrawing and are we going to protect Senator Apodaca and Senator Lowe from the sheriff, for example, hovering over them to collect I don't know what kind of data I'm not sure if that deserves a response on the latter but I'll try and answer the first part of your question. Senator Van Duyn, basically all we're doing, and I also found out for Senator Smith Ingram I'm going to answer to her question the FAA license at 17 years old, so that's the reason for that, but all we're doing is mirroring rules when they are implemented. They have not been implemented yet, and as I said last year we got a little ahead of the curve and so all we're doing is backing up and pending and waiting comes out with their rules and regulations when it pertains to drones. Do we have any further discussion or debate? Hearing none the question before the Senate is the motion to concur in House Committee Substitute to SB 446. 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. 42 having voted in the affirmative and zero in the Negative, the Senate concurs in the House Committee Substitute to Senate Bill 446, it will be enrolled and sent to the Governor. And that is all we have on the calendar for the day, so do we have any notices or announcements before we wrap up [xx] Senator Van Duyn, what purpose do you rise? A moment of personal privilege. Senator Van Duyn you have the floor. I can't imagine anything more difficult than losing a child. And I think that's a burden that someone would have to carry with them for the rest of their lives, but yesterday one of our members celebrated an anniversary of an, it was the birthday of Senator Smith-Ingram, it was the birthday of a son that she lost several years ago. And so, I'm just asking that we adjourn today in memory of her son [xx] Ingram and to commemorate all the joy and happiness that he brought to that family. Thank you senator. Senator Jackson for what purpose do you rise? Thank you Mr. President for a moment of person privilege and to send forth the Senatorial statement. You have the floor for both senator. Thank you sir. And do we have a page? I've seen it. Thank you. Members we will talk about something we don't think much about today in my senatorial statement and I'm going to be very brief in my comments on this, but you know the 68 united nations general assembly has declared the year of 2015 as the international year of souls and I want to tell you a little story there is a deference between-- how many of you here in here and I want to just to raise your hand knows the difference between soul and I see a few just raising our hands I don't want to go answered. No thank you senator chairman that I have answered enough questions about that last one. Soul is something that is in feels go win

that's what your mama said you trapped in the house, so and then that is how it's actually defined, but united nations has declared this the union of international year of souls and residences of North Carolina depend on healthy souls and mortal clean air to sustain our quality of life. Our crops are grow in soil for the most part is harponodonic I can't even pronounce it this afternoon. But then in addition to producing commodities, soil, food with water, access of roots fought for plants to provide the oxygen we breath, and the fibers for our materials and access of structural support our infrastructure and I would like to say it coincides with the historical year for soils, the Smithsonian Dig It! The Secrets of Soil Exhibit is on display here in North Carolina, and the [xx] conservation society is celebrating its 70th annual international conference in North Carolina. Thank you all very much. Senator Blue for what purpose do you rise? An announcement. Senator Blue you have the floor. Democrats will caucus immediately after session. Senator Brown for what purpose do you rise? An announcement. You have the floor Senator. Republicans will caucus as well, immediately after the session. Senator Tillman for what purpose do you rise? A mention of personal privilege. Senator Tillman you have the floor. Don't look at me that way, Apodaca. It's about you. I've been given some serious thought to Senator Lowe and Senator Apodaca wearing speedos and I just want to ask you to do one thing and I think you'll want to do this. Before you appear in public with those you need to go by the produce section over at full drive and then put your speed [xx] Senator Smith [xx] for what purpose do you rise? [xx] I'm sorry you have to follow that. You have the floor, Senator. I know that [xx] was a little scary I just want to thank mu colleague senator Terry Van Dyne for that moment of personal privilege because yesterday was a very difficult day For us and our son Raymond alias Ingram he passed away November 1st of 2012 at the age of five years old But we don't celebrate his death, we celebrate his life I had pregnancy and hypertension and I could barely make it by My fifth month and he's born sixteen weeks early at one pound, one half ounce the doctors had given up on him but we didn't give up, the doctors Said he'd only 4% chance of being normal I shared with the doctors I know who's the other 96% and we didn't give up hope He went from one pound, one half ounce he didn't have tricky [xx] to me because he'd bronchial preliminary dysplasia which is the common condition by invent to aborn that early and is primarily contributed by the sport issue that follow arms and also the actia that forms because he was born too early for that part of his brain to develop to trigger him, it's time to breath. But the one thing that I witnessed in his life and my husband and I, we always take off the week before his birthday to celebrate that life because not only did we almost loose him, but we almost lost me. And in that time we always take that week and I'm sorry I could not be with you last week, I visited a place called [xx] in the Cameron Islands and I just want you to know I think some of you were in your own little hell last week, so we were almost in the same place but I thought about you and I thank you for your well wishes for me and I thank you for thinking about my son and the tremendous witness he has in my life and that's why I go as hard as I do. I get up every morning, I go hard and I let God take care of the rest. Thank you. Any other notices and announcements. Any further business come before the senate? Now the Chair recognizes senator Burger for a motion. Thanks president I move senate do now adjourn subject to standards stipulations set fourth in senate rule 24.1 gratification of bills appointment of conferees recepts of Purpose to see the house messages and I ask for an adjournment to be made in memory of Raymond alias Ingram and that we reconvene on Thursday, August 20th 2015 at 11 A. M. The motion of the senate now adjourns subject to the stipulation stated by Senator Berger, and in memory of Rhema Elias Ingram to reconvene Thursday, August 20th at 11AM, seconded by Senator Smith-Ingram. All in favor say Aye. Aye. Opposed No, the Ayes have it, the Senate stands adjourned.