Senate will come to order. Sergeant-at-arms close the door, members will go to their seats. Members and guests in the gallery please silence all electronic devices. Leading the Senate in prayer is Reverend Peter [xx] of St chaplain all members and guests in the gallery please stand. Let's pray together, Gracious and loving father, I give you these servants, bless their interactions, bless their words, their actions, may they ever be done in your sight and they might remember the words of Job where he said naked I came from my mother's womb and naked shall I return the Lord gave and has taken away, but blessed be the name of the Lord, would you be the rock that we stand on Father, would you be theCchief chorister in all we build and would you give us grace one more there, because in Jesus name we pray Amen. Senator Apodaca is recognized for a motion. Thank you Mr President the journal on Monday September 21st 2015 has been examined and is found to be correct, I move that the Senate dispends with the reading of the Journal and the stand approved as written. Without objection the journal for September 21st stands approved as written. Mr. President let the record also show that the president [xx] is party. Senator leaves of absense are granted today for Senator Sauchec[sp?] and Tilman. We do have a nurse today with us today, Laura, Magina[sp?] from Harley, North Carolina, is with us, nurse Magina[sp?] please stand give the servants in the senate. Do we have any reports of standing committees? Senator Rabon for what purpose do you rise? Send forth the committee report. Senator you can send forward your report. We're going to have a page bring that forward please. Clerk will read. Senator Rabon for the finance committee, submit the passage house bill 730, on favor has the bill but favor as to senate committee substitute bill. Title: Net generation 911. House 730 calendar. senator Apodaca for what purpose do you rise? Mr. President motion relative to today's calendar. Senator you have the floor. Mr. President, members house bill 539 charter school funding on today's calendar, move that they be removed and placed on tomorrow's. Without objections so ordered. So senators that takes us into today's calendar, we'll start with local bill, start reading local house bill 527 the clerk will read. House bill 527 on the best local act Do we have any discussion or debate? Hearing none the question for the senate is the passage of senate committee substitute to house bill 527 on its third reading. All in favor will vote aye opposed will vote No, five seconds to be allowed for the voting. Clerk will record the vote. We have Newton aye, Berger aye, Rucho aye, Bryant senator Bryant, aye, and senator Ford aye. Changed that thank you 48 having voted in the affirmative and zero in the negative, senate committee substitute the house bill 527 passes its third reading. It will be sent to the house for concurrence in the senate committee substitute. Moving on to local bill second reading, we'll call House Bill 526, the Clerk will read. House bill 526, Stan-field annexation locals deannexation. Do we have any discussion or debate? Hearing none the question for the senate is the passage of senate committee substitute house bill 526 on its second reading all in favor will vote aye, opposed will vote no, five seconds will be allowed for the voting, the clerk will record the vote. Berger aye, Newton aye. 47 having voted
in the affirmative and one in the negative senate committee substitute House bill 526 passes the second reading and it will remain on the calendar. House Bill 531 Clerk will read. House bill 531 various occupancy tax changes. Further discussion or debate? Senator Pate your purpose you arise? Just wanted to briefly describe the bill so. You have the floor senator. Thank you. The bill starts out by authorizing Wayne county to levy room accuracy tax and this part of it is very simple, it's what was seen before and I would hope that it would be acceptable to all the people, same procedures have always applied to this, however there are some that are little bit more complicated and at this time they feel you'd recognize senator Reuben he can explain that part of the bill. Senator Reuben is recognized. Thank you Mr President I want to speak to the Moore county taxation if there are questions on there I'm sure someone else can answer it with regard to the City of Sanford occupancy tax, that's an increase of the support tourism there's a little bit of it designated for the civic sanity have which is 75% of the tourist trade in that city. It also creates in the Harnett County area it creates a separate district for this kind of taxation for the occupancy tax. It excludes from that particular district of the Edenville Township with regard to these two all of the local people are happy with the way the bill written, the occupancy tax proceeds in Cumberland County would dissolve the county prison authority and again my understanding is that everyone in that county approves of that, I appreciate your support on the bill, thank you. We have any further discussion or debate? Hearing none the question for the senate is the passage senate committee substitute the house bill 531 on the second reading, all in favor will vote aye, oppose will vote no. Five seconds be allowed for the voting, the clerk will record the vote Burger aye, Wyden and Honest, Senator Wyden, Wyden aye, 42 having voted in the affirmative and six in the negative. So it can substitute house bill 531 passes it's second reading and it will remain on the calendar. Moving on to public bill second reading roll call House bill 679 Clerk will read. House bill 679 UNC self liquidating project. Senator Apodaca is recognized to speak to the bill. Thank you Mr. President. Members, as we said yesterday in the committee meeting this is the sure sign that we're getting towards the end, this is the annual UNC self liquidating bond package, which basically means that form the bonds themselves from fees collected at the university. You can see the list there, there's one addition we want over yesterday allows the board of governors to issue part of the planning money for NC State University to use towards their plant sciences building. So we'll be hearing more about that in the next couple of days in the bond package but I do recommend this to you and ask for your support, be happy to answer any questions. Do we have any discussions or debate? Senator Blue, for what purpose do you rise? Just to make a brief comment, Mr. President. Senator Blue, you have the floor. Thank you, Mr. President and my colleagues. In the finance committee yesterday as I looked through this, I saw something a little bit different, and fortunately I talked to several of the leaders who see some of the issues that I've tried to raise about it and I think that we may be able to do something about it. But I'm reminded the scene from Star Wars, the very first one, when they played Princes Leia's plea to to Obi-Wan Kenobi when she said, help me Obi-Wan Kenobi. You're my only hope. And I think that you see some of that in this budget bill because what we see in the online 25 is a little bit different than what we normally see in self liquidating projects. And it is the what's a relatively small project for North Carolina Central University. That's a $10 million bond issue it's sort of
like a sapling among the redwood trees when you look at these other issues that will be part of this bond and as you notice it, all of the other issues offer new buildings that are going to be paid for in the case of the residents by students fees replacing it in the case of East Carolina, residence halls, student fees since they paid to live in the dormitories and you take the money that they're going to get from fees and you can issue the light revenue bonds. You've got to describe a way to pay for it and that's typically what these sub-liquidating bonds are, revenue bonds, and even if you look at the NCC statement, the engineering building, and the overall campus information there received money from all the sources to pay this big. The problem with NCCU bond item the $10 million bond item, is it takes some students $100 of fees, present day and future students for the next 15 years to pay for differed maintenance, Gather[sp?], a chancellor there who wasn't there, who made the decisions to defer the maintenance or relatively new chancellor, you got students who weren't open the decisions for me, not to put in HVAC system put in shallows[sp?] and all those kind of things and I'm worried about the president that we are setting By assesing a student fee and you'll notice that this is $100 pass per year student fee against future students to pay for maintenance it should have been done and I say that I was reminded of the start wall scene because before we got the good news several months ago that there's no money budget or even before we decided to do the bind issue which generally I think is the right direction state ought to be going in and the priorities in that bond issues that you'll hear more about tomorrow I guess, all the right kinds of priorities. But at the time that this request was made there's no other way to do these the failed maintenance items which are basically crippling the campus we talking about Hvec, we're talking safety features complying with some of the federal laws regarding handicapped stuff. Stuff that they have to do and there was no other way to do it. So the chancellor and the board of trustees and the board of governors, figure that if there's no other way to do it, we got to figure out some way to do it, well I suggest to you there's another way to do it now, and we are not start going this path, there's been two other instances where we've used student's fees to do sort of infrastructural things. One of them was University of North Carolina, Charlotte, a couple of years ago I think or last year, was growing so fast, that we were not able to put in the infrastructure that we should have been able to put in and so they agreed to assess a student fee to build a road to keep that campus developing. Students wanted to use a road that they happen to be paying for and at [xx] state university, we'd authorized the building of a library, they started the library, they came up a few dollars short over [xx] and so the students agreed that they would pay $14 I don't know how long for, $14 to pay to complete the top floor of each library, a library that they were going to use but I'm really time that we start accessing fees against students to pay for maintenance project if anything, the one thing that we are to do as a state is pay to maintain buildings. It's one thing when you're building studio unions they aren't critical to the educational function, but air conditioners, chillers, things like that are cool to what the university has to have if it's going to teach kids anything. So I've talked to several in leadership who understands the concerns that I have and I think gratefully so, and so I'm hoping that as thing reaches its final stages and the discussion go on about budget there will be an alternative way figured out to do this. There's a right way to do it and not put this burden on students of the future any further discussion or debate Senator Apodaca for what purpose you rise? Speak the second time. Senator Apodaca you can speak first time. First time okay. Thank you Senator Blue we are in agreement philosophically I totally agree with you. At this point the university itself brought this request to use. From it's board of trustees and
its chancellor and it was brought through the board of governors. Now that being said, tomorrow we are going to find out or today at four actually, we are going to find out some very good news for North Carolina central university. They are going to be approved for a bond is going to be proposed for I hope you all can keep a secret. $30 million for their new business school. There'll be an additional, and you all got to keep this yourselves around $60 million at this point to go into the fund for R&R for all the university system along with what we did in that outstanding budget that many of us voted for allowing reversions to go up two and a half and two and a half more at the university system and so some of this money can be used towards that and that's not even counting the great money we set aside directly into budget, into repairs and renovations. So Senator Blue I totally agree with you, but I believe the future is getting brighter and I think I don't know what they may want to do if they come up with this money they don't have to issue this bond, so but as a precaution I think we ought to leave it in here this point. So thank you for bringing that forth and I ask for your support. Any further discussion or debate? Hearing none, the question for the Senate is the passing of Senate committee substitute House Bill 679 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. Senator Bryant, aye. 48 having voted in the affirmative, and zero in the negative, Senate committee substitute to House Bill 679 passes its second reading and it will remain on the calendar. On to public bills non-roll call second reading. Senate Bill 647, the Clerk will read. Senate Bill 647, Amend Trapping Law. Senator Sanderson is recognized to explain the bill. Thank you, Mr. President. Ladies and gentlemen of the Senate. Up until today, I thought that nothing in the natural world would last forever. After this bill today I'm not sure that we can add this to be number one on the list. To fulfill a commitment to the North Carolina Trappers Association Mr. President I would like to send forth an amendment on this bill. This amendment will. Hold on one second senator, let's bring it in here. Clerk will read. Senator Sanderson moves to amend the bill. Senator Sanderson is recognised to explain the amendment. Thank you Mr. President. This amendment simply adds back some language that was dropped out between the third and the fourth edition of this bill. on page 1 lines 18 through 20, what it does is identify the size of trap that causes the most problems with interaction with unintended animals in theses traps, and so to help the traffic association come fully on board with this bill. I have added that back in and I would ask for your support on that amendment. Do we have any discussion or debate on amendment three? Senator Tucker, for what purpose do you rise? To see if senator Sanderson will yield for a question. Senator Sanderson do you yield fir a question? I do. Senator Sanderson, I know how much work you put into this. Do you believe that this amendment would cure all the ills of this bill and all the folks that we've heard from, this will straighten everything out and everybody from the most part will be on board and you assure me is well that with this amendment you will not take the life of a corner bare? to the second part of your question I can say absolutely, to the first part of the question as far as I know Senate Tucker, this stays clear of concerned that the Traffic Association in the World Life Commission all heard with this piece of legistlation and I was assured just an hour ago from the President of the Traffic Association, that they will support this bill was written after this amendment. Do you have any further discussion or debate on the amendment? Hearing none the question for the Senate is adoption of amendment three, all in favor vote Aye opposed will vote no, five seconds to be allowed for the voting, the clerk will record the vote. Rucho aye, Apodaca. 47 having voted in the affirmative and one in the negative, amendment three is adopted the Bill as amended is back before the body. Is there any further discussion or debate? Hearing none, Senator for what purpose do you rise?
Ask Senator Anderson a question. Senator Anderson, do you yield for a question? I do. Senator Anderson, again I just want to be sure that you've been assured by wildlife and trappers that this fixes the problem because I had a problem with the bill I wouldn't have voted for it, but if you're assuring me that this has been okay by them or this fixes their problems. Senator Brown, I'm not sure that we will even pass a bill that 100% gets everybody that's affected on board all I can say is that in the past when we are working with an organization such as the Trappers Association that we do deal with the people who are leaders of that organization and I have been dealing with the President of that organization and as I said just this morning he assured us that this was never going away and do this in the house but we are going to make it now and he assured me that this will take care of all the concerns that they had Senator's time, propose address Pass the Bill sponsored for your consent. Senator Stan, senator yield for question? I did. I have a very similar question to Senator Brown. So the Wildlife Resources Commission, they've given you the same response? They have. Thank you very much. We have any further discussion everybody. Senator Pate, what purpose do you ask? To inquire if Senator Sanderson would yield to a question. Senator Sanderson, do you yield. I was right about this Bill being never to last. Yes, I do. This is really a good report Senator Sanderson, my question is, would you run a Fishing Bill for us next year? No, I think I've learned my lesson Senator Pate, thank you. Do we have any further discussion or debate? Hearing none, request for the Senator's a passage of the committee substitute Senate Bill 647 as amended on it's second reading. All in favor will vote Aye, opposed will vote No. Five seconds will be allowed for the voting. Clerk will record the vote. 45 having voted in the affirmative and three in the negative, committee substitute Senate Bill 647 as amended passes its second reading without objection will be read a third time. North Carolina General Assembly enacts. Any discussion or debate? Hearing none the question for the Senate is the passage of the committee substitute Senate Bill 647 as amended on its third reading. All in favor will say aye. Aye. Opposed no. The ayes have it, committee substitute Senate bill 647 as amended passes its third reading. The amendment will be engrossed, it will be sent to the house for concurrence. Bill just be sent to the House. Moving on to house bill 698, Clerk will read. House bill 698, Baby Carlie Nugent Bill. Senator Tod is recognized to explain the bill. Yes, the bill is really straight forward. It is providing for the screening in newborns for SCID's the others ask for your support and if there's any questions I will be happy to try to answer them. Any discussion, or debate? Hearing none as for the senate is the passage of the senate committee substitute the house bill 698 on it's second reading, all in favor will vote aye, oppose vote no, five seconds be allowed for the voting clerk record the vote. Van Dyn, aye. Bryant, aye. 48 having voted in the affirmative and zero in the negative, committee substitute Senate Bill 698 passes its 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, request for the Senate passage of the Senate committee substitute the house bill 698 on its third reading, all in favor will say aye, aye, oppose no, the ayes have it, senate committee substitute the house bill 698 passes it's third reading and it will be send to the house for concurrent in the senate committee substitute House bill 850, the clerk will read. House bill 850 [xx] law enforcement Senator Heis is recognized to explain the bill. Thank you Mr. President, members of the senate. This bill simply allows the eastern [xx] Indians to establish separately a police force [xx] alcohol enforcement. A probation parole agency and a natural resource enforcement agency. They currently have the authority under their police department to assign officers to these duties under [xx] law this merely codifies that and allows them to create each of those agencies independently. I'd appreciate your support. Do we have any discussion or debate? Hearing none, question for
the Senate is the passage of committee substitute the house bill 850 on its second reading all in favor will vote aye, oppose no, five seconds will be allowed for the voting the clerk will record the vote. 48 having voted on the affirmative and zero on the negative committee substitute house bill 850 passes it's second reading without objection will be read a third time. North Carolina Assembly enacts. Any discussion or debate? Hearing none, request for the senate is passage of house bill committee substitute house bill 50 earns third reading In favor will say aye. Oppose no. The aye's have it.committee substitute house for 850 passes its 3rd reading and it will be enrolled in the center of the Governor. House bill 912 Clerk will read. House bill 912, Taxation of Private land and Tobacco products. Senator Hise is recognized again. Thank you Mr. President, members of the Senate. Two main things that this bill does No 1 it will exempt from property tax, real and personal property that is located on the boundaries that are just regardless of the ownership of that property, this will be coming in and it will also allow the Department of Revenue to enter into an agreement with the Eastern Band of Cherokee Indians regarding the excise tax on tobacco products, they currently have an agreement regarding tax on alcohol and this would allow them to enter into agreement on tobacco. I'll be happy to answer any of your questions, there's one part of this Bill that Senator Gunn wanted just explaining. I believe Senator Davis has an amendment after that. Senator Gunn, is recognized. Thank you, Mr. President. A while back, we did the bill there was a couple of things that were not clarified that I would like to discuss with you. First of all it was never our intent to restrict a distillery from once the touring was done and one person one time a year that they could buy one bottle, we found out we had inadvertently left out some growing or about putting a 100, 000 gallon cap on it so this will simply remove that cap. The second thing was the intent since the ABC store does not in any way handle the bottle when it is being sold after the tour once a year, one person one bottle that all the taxes that are a part of excise taxes, sales tax, any other appropriate charges that go to the state still apply, but the actual bottle fee or the marker on that bottle and so ABC store is not handling in any shape, or form, or fashion, and will remain with the distillery. I'll be glad to answer any questions. Do we have any further discussion or debate? Senator Davies. For what purpose do you rise? To send forth an amendment. You can send your amendment, clerk will read. Thank you Mr. President, it should be on the dashboard. Senator Davies moves to amend the Bill. Senator Davies is recognized to explain the amendment. Thank you Mr. President. This amendment basically clarifies that all interested parties must have a signed and written agreement in order for county services to be operating or offered to the tribal boundaries lands, and our local governments just don't want to be obligated to provide service unless they're getting for it. Be glad to answer any questions I urge your support. Do you 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 will be allowed for the voting, clerk will record the vote. Newton aye, 48 having voted the affirmative 0 in the negative amendment one is adopted the bill as amended back before the body, do we have any discussion or debate on the bill as amended? Hearing none the question before the senate is the passage of senate committee substitute House Bill 912 as amended on its second reading. All in favor will vote Aye. All opposed to vote No. Five seconds will be allowed for the voting, the clerk will record the vote. Newton aye, Brian [xx], got you. 45 having voted in the affirmative, and three in the negative. Senate Committee Substitute house bill 912 has amended has passed the second reading without objection be read the third time. Do we have any further discussion or debate? Hearing none, the question before the senate is the passage of committee substitute to house bill 912 as amended on its third reading. All in favor will say aye. Aye. Opposed no, the ayes have it, senate committee substitute house bill 912 as amended passes its third reading, will be sent to the house, for concurrence in the senate committee substitute. Moving on to a couple of conference reports here house bill 117 clerk will read. House bill 117 interstate competes that Senator Gunn is recognized. I appreciate your support, thank you.
Do we have any further discussion or debate? Hearing none the question for the senate is the motion to adopt conference report to the house bill 117 on it's third reading all in favor vote aye, opposed will vote no, five seconds will be allowed for the voting, clerk will record the vote Raven Aye. Makesik aye. 48 having voted in the in the affirmative and zero in the negative, the senate does adopt the conference report for house bill 117 and the house will be notified House Bill 372, the Clerk will read. House Bill 372 Medicaid Transformation HIE/PrimaryCare/Funds. Senator Hise is recognized. Thank you Mr President, members of the senate, there are a lot of people to thank on getting this bill here, and probably none more than SenatorTucker and Senator Pate, we couldn't come up with a better way to say happy birthday to Senator Pate and to make sure that medic aid reform bill was given to him today come forward, this bill has really taken four years, committee processes, subcommittee meetings, and others I said, there's been two governors, three secretaries and four medic aid directors that we've worked with to kind of get to this point. This reform is a high-breed model. We moving away finally from a FIFA service system, system where we pay individually for ijectory and others to a maybe insist in which we pay for patient heath, and patient outcomes. We give a certain amount of money to prepaid health plans that would be Statewide entities, three of those that could be managed care organisations or provider led entities there would then would be up to 10 other entities that would serve in six regions that would be provider led entities and provide services in the state. We've also reformed the department, we've added a division of health benefits, that will ultimately be exempt from the State Personnel Act that will manage the new Medicaid system, those who are coming in it will take time to transition this, we look at a time line that is approximately three and a half to four years or before we will have all this in line specifically it is 18 months after CMS approval we move to this new system. It's going to be a long process as it is get to this point but we are finally going to put some controls in the state medicaid system. The structure of this system, is that the state is now responsible, for changes in population. If more individuals enroll in Medicaid or fewer individuals enroll in Medicaid that will impact their budget, if more age, blind, disabled versus children, population mix, that's what impacts our budget. But the risk internal in each year are now locked to rates that set us at 2% below the National Growth Rate. That is not a risk borne by the state, it is a fundamental change in how Medicaid is done, but it is consistent with what many other states have done. Moving forward. Most Medicaid populations in the nation are served under Managed Care. We are a little late getting behind that, and staying in a fee for service model but I'm excited to know that we're moving there now, but those of others who would want to speak and I'll be happy to answer any question that you may have on this form, but I appreciate your report, I think it's an exiting day for our state, and will be an exiting day for our future budgets, when we finally place this Medicaid into it's proper role in this state budget. Thank you. Do we have any further discussion or debate? Senator Robinson, for what your purpose arise? To speak on the bill. Senator Robinson you have the floor to speak to the bill. Thank you Mr. President and thank you senator Hise, Tucker and Pate and all those for your consistent work in this and of course Medicaid it has been a long process in this state, just so happens that I know of a groups of people who were served by medicaid across the entire state different population and the importance of them having health care, the concerns in this bill is several one is that while it does give opportunities for provider lead entities. The playing field and then leaves more choice manage care entities in my opinion and that gives me some cause for concerns because what we see and manage care entities like those
of us who have private insurances, is that it's more difficult for patience to get their questions answered be assured of quality care and negotiate a system and one of the questions I asked earlier about was what does a patient do who has problems in terms of sharing one various quality care since it's capitaties system their is no assurance that a patient with several health indicators would be able to negotiate a system from provider to provider, make sure they get their needs made for every health condition especially those who are educated about health care and health care system and then I have an advocate body by the office of administrative this is fine for of us here, the average patient on medicate knows nothing about it and so he cannot get their questions answered on a system like that so I'm concerned about what assures our patients are getting quality care and also I'm afraid that this the interest of manage care entities in the state may push our provider lead entities out of the competition because like you said they are set up across the country to do this kind of work. But we know that in the state of North Carolina we have good providers and provide a lead entities and who I would hope would have the ability to be major players in this systems, so those are some of the concerns I have about this legislation. Any further discussion or debate? Hearing none question before the senate is the motion to adopt the Conference Report for House Bill 372. All in favor vote aye, oppose will vote no, five seconds to be allowed for the voting, Clerk will record the vote. Berger aye, Newton aye, 34 having voted in the affirmative and 14 in the negative, the Senate does adopt the Conference Report for House Bill 372, and the House will be notified. And that wraps up our calendar for today. Do we have any notices or announcements? Senator Brown for what purpose do you rise? In announcements. You have the floor senator. Republicans for carcass immediately after session. Senator Jackson what purpose do you rise? Point of personal privilege. Senator Jackson you have the floor for personal privilege. I thought I just officially do it as mentioned Senator Hise took my phone a while ago but my seatmate is celebrating his birthday I'm assuming it's his his 39th I won't go any further than that, but I think we all need to wish my seat mate to my right a happy birthday today. Thank you. Senator Raven for what purpose do you rise? Announcement please sir. Senator Raven you have the floor. Thank you members of the Senate, the Senate Finance Committee will meet at four o' clock to discuss House Bill 943, we are right now in recess, we will go out of recess at 4 PM. Thank you. Mr. President. Senator Brian for what purpose do you rise? I've been multitasking over here I need to change my vote on H372 to no. Okay H372, Brian changes her vote to no, and the final count 33 - 15, thank you Senator Bryant. Senator Apodaca for what purpose do you rise? Announcement. You have the floor senator. Mr. President, the members of the senate rules committee will meet tomorrow morning at 10 o'clock. Check your computer this evening and you'll see what our roster will be. Hold on a minute, 2 O'clock. I'm sorry Mr. President, that is 2 o'clock Eastern time. Correction noted senator. Any other the notices or announcements? Do we have any other business come before the senate? Now the chair recognizes Senator Berger for a motion. Thank you Mr. President, I move that the Senate do now adjourn subject to the standard stipulation set forth in Senate rule 24.1, ratification of bills, appointment of conferees, receipt of conference reports, receipt committee reports and receipt of house messages to reconvene on Wednesday, September 23rd 2015 at 10:00 A. M The motion as a senator now adjourned subject to the stipulation stated by Senator Berger to reconvene Wednesday, September 23rd
at 10:00 A. M seconded by Senator Hise. All in favor say aye aye, oppose no. The aye's have it, the Senate stands adjourned.