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Senate | September 23, 2015 | Chamber | Senate Session

Full MP3 Audio File

Senate will come to order. Sergeant-at-Arms, close the doors as members are getting their seats, members and guests in the gallery, please silence you electronic devices. Leading the senate in prayers Reverend Peter [xx] senate chaplain all members and guests in the gallery please stand. Let's pray Lord thank you for a new day to come to the general assembly, to gather, you've gathered us under your wing and we need to hear from you today, we ask you to hear our prayers, and we remember the words of the Prophet Isaiah he said, yet the Lord longs to be gracious to you, he rises to show you compassion. The Lord is a God of justice [xx] to those who wait for him, of people of Zion who live in Jerusalem who will weep no more, how gracious he would be to those who for help, it's in Jesus name we pray, Amen. Senator Berger is recognized for a motion Thanks Mr. President, the journal of Tuesday September 22nd, 2015 has been examined is found to be correct. I move that we dispense with the reading of the journal and stand approved as written Without objection the journal for September 22nd stands approved as written. Seems like we have leave of Absence granted today for Senator Berringer, and Senator Tillman. Ratification of bills, clerk will read. [xx] bill enrolling clerk reports the following bill duly ratified for presentation to the Governor. Senate Bill 97 an Act to Modify the membership of state advisory council on Indian education. Senate bill 760, an act to allow the useful elect means to sign and notate certain documents required by the Division of Motor Vehicles, provide those secured we shall provide electronic notice of the satisfaction, or other discharge of the security [xx] in a motor vehicle for which the certificate title no data add a lean to electronic means, senate bill 472 and I authorize local government to appropriate money for historic rehabilitation in the classifying standardized requirement for appropriating funds for local economic development. House bill 361 an act to provide for principle base evaluation life insurance standard valuation law and standard loan for future provision in the North Carolina insurance law to make confirming and clarifying the changes to the laws governing professional employer organisations insurance companies and deposit, continue and care retirement communities health insurance external review and insure family names to revise insurance policy renewal provision to amend the definition of small employer technical correction. House bill 698 an act direct the commission for public health to adopt rules to add a screening test for vehicle and combine the mileology efficiency and other T sale in submission to new born screening program. House bill 850, an act to provide authority for the eastern burn of Cherokee Indians to establish a police department, a tribal alcohol law enforcement division, a natural resources law enforcement agency and probation and parole agency. Senators I take to send to our calendar for today, standing with local bills, start with third reading law bill called house bill 526 Clerk will read. House bill 526 stand fuel annexation locus deannexation. Do we have any discussion or debate? Senator Davis for what purpose do you rise? Thank you, Mr. President. I have an amendment to send forth. Okay. Do we have it upfront, Senator? it is not. Okay, we'd have a page deliver the amendment upfront please. The Clerk will read. Senator Davis moves to amend the bill. Senator Davis is recognized to explain the amendment. Thank you Mr. President, ladies and gentlemen this amendment is rolled senate bill 141 which is Lensville annexation into this bill and it changes the effective date of the referendum to be held to that time of the presidential primary in March and the effective date would be the same.

I would like, I will be delighted to answer any question I ask for your support. Do we have any discussion or debate on the amendment senator Rock what purpose do you arise? To see if senator Davis will yield for a question. Senator Davis do you yield for a question? Yes sir. Does this include the dam [xx] the dam and the lake will be annexed but the ownership of the dam is maintained by general Alaska assembly, does that answer your question? It does. Speak to the amendment. Senator Brock, you have the floor. As Methodists we pay into the sun in the western part of the state western conference. I believe the state will take over the town like they do the roads and everything else they should take this as well. I would not support this amendment Do we have any further discussion or debate on the amendment, senator McGinnis for what purpose do you rise? Thank you Mr. President just to let everybody know that I have no opposition to this amendment. Any further discussion or debate? Hearing none question for the Senate is the adoption amendment one on favor vote aye oppose vote no 5 seconds spill out of voting clerk will record the votes Harrington, Rucho, ayes. 41 having voted on the affirmative. Harrington, aye. 42 having voted in the affirmative and four in the negative, amendment one is adopted and senators that is a material amendment, so that will remain on the calendar and go back to first reading so that ill will go back to first reading. House bill 521 clerk will read. House bill 531 various acclamatory  tax changes.  Do we have any discussion or debate?  Hearing none, question for the Senate, is the passage of the senate committee substitute House Bill 531 on its third reading? All in favor vote aye, all opposed vote no. Five seconds be allowed for the voting, clerk will record the vote. Rucho 42 having voted in the affirmative and 5 in the negative if senate committee house bill 531 passes its third reading it will be sent to the house for concurrence on the senate committee substitute. Moving onto public bills third reading roll call, House Bill 679, clerk will read. House Bill 679 UNC self liquidating projects. Do we have any discussion or debate? Hearing none, question for the senate passes senate committee substitute House Bill 679 on its third reading all in favor vote aye, opposed will vote no. Five seconds be allowed for the voting, Clerk will record the vote. McInnis, aye. Wells, aye. Tucker, aye. Rucho 47 having voted in the affirmative and zero in the negative the senate committee substitute to House Bill 679 passes it's third reading and it will be sent to the house for concurrence in the senate committee substitute. Moving on public bill second reading. Mr. President. Senator Apadoca for what purpose do you rise? Mr. President HB9 43 is out next bill move that it placed at the end of today's calendar So ordered. Mr president house bill 539 charter school funding move that it be removed from days calendar placed on tomorrow's No objection, so ordered. Public bill second reading, none, roll call 730, clerk will read House Bill 730 Next Generation 9/11 Senator Brook is recognized explain the bill Thank you Mr. President ladies and gentlemen of the Senate this will enhance our 9/11 coverage here in the state part of it is to create a reserve fund so that we can pay for the next generation for 9/11, 9/11 communications. Good example, this past week there was an outage where voice calls were out or mobile communications text messages were still allowed to go through. This will make sure that in the next generation that we have the money and the technology available. Sop we need to use 9/11 services will be available for our citizens, I urge your support of the legislation I believe Senator Mckissick question on the liability was answered yesterday. and is [xx] to federal law I urge your support. Do we have any discussion or debate? Hearing none the question before the passes the senate committee substitute to house bill 730 on it's second reading all in favor vote aye, opposed will vote no. Five seconds will be allowed for the voting and the clerk will record the vote. 47 having voted in the affirmative and zero

in the negative senate committee substitute house bill 730 passes it's second reading without objection be read a third. North Carolina general assembly enacts. Any discussion or debate? Senator Block what purpose do you rise? Send forth an amendment. Senator Block you can send forth your amendment we can have a page grab this [xx] please. Clerk will read. Senator Block moves to amend the bill. Senator Block is recognized to explain the amendment. I should have done this on the second reading all the amendment is add a comma in between the two words which was left out in bill drafting. So it's just a purely technical amendment. Any discussion or debate on the amendment? Hearing none, the question for the Senate is the adoption of amendment one all in favor vote aye. All opposed vote no. Five seconds will be allowed for the voting. The Clerk will record the vote. Gunn, aye. 47 having voted in the affirmative and one in the negative, amendment one is adopted. The bill as amended is back before the Body. Do we have any further discussion or debate on the bill? Hearing none the question before the Senate is the passage of Senate committee substitute House bill 730 as amended on its third reading all in favor will say aye Aye I'm sorry we've an amendment sorry senators we've got to vote electronically on that [xx] senate passes Senate committee substitute house bill 730 as amended on it's third reading all in favor will vote aye, oppose will vote no, five seconds will be allowed for the voting, clerk will record the vote. Bingham. Bingham aye. 48 having voted in the affirmative and 0 in the negative senate committee substitute the house bill 730 passes it's third reading amendment will be engrossed to, it will be sent to the house for concurrence in the senate committee substitute, bring back the public bill, second reading, roll call bill house bill 943, the Clerk will read. House bill 943 connecting [xx]  act of 2015.  Senator Herring is recognized to explain. Senator Apodaca, I think we may need to hold for a couple of minutes we have a technical amendment we're waiting for. We need a recess probably let's just say 20 minutes to 11 Just for couple of minutes senator [xx] couple of minutes is going to be proper? Or for 20 minutes? The way things around here I would say 5 minutes but they are probably 20. Do you want to say, till 11 O'clock. We'll stand in recess till 11 O' clock. Senate will come to order, the Sergeant of Arms to close the doors. Member will go to their seats. Senators, Chair is happy to extend courtesies of the gallery to Lydia Daniels, senator Warren Daniel' s wife. Lydia please stand to be recognized, thanks for joining us today. So senators we're going to jump right in where we left off, public bill second reading roll-call house bill 943 senator Harrington is recognized. Thank you Mr. President. Before we get started we do have a technical amendment I've sent it I think it will be on the dashboard. The clerk will read. Senator Harrington moves to amend the bill. Senator Harrington is recognized to explain the amendment. Thank you Mr. President. These are some technical changes that were made at the request of bond council after we made some changes to the law and bill yesterday and they should be available on your desk but if anybody has question I'll do my best to answer. Any discussion or debate on the amendment? Hearing none the question for the senate is the adoption amendment one, all in favor will vote aye, opposed will vote no, five seconds to be allowed for the voting clerk to record the vote. Berger aye 47, 48 having voted in the affirmative and zero in the negative amendment one is adopted, the bill has amended is back before the body, senator Harrington's recognized. Thank you Mr. President having worked this bill through finance the last couple of days, it represents an agreement that incorporates the comments of committee members and in agreement with the House. It includes $980 million for

14 campus capital projects as well as some R&R needs across the UNC[sp?] system, 350 million dollars in North Carolina community, college systems 58, campuses fo, new construction are in R&R needs, and are in R&R needs. We are including the cement allocation methodology of determining the amount for each community college but also including a new matching requirement for new construction at each campus. One to one for tier three counties, one for two for tier two counties and one to three for tier one. Over 300 million dollars towards water and sewer grants in months, they provide $70 million for national guard projects and finally $279 million to support agriculture and state Parks including 94 million for vetinary food drug and later fuels [xx] and 75 million for state parks this referendum would be placed on the Presidential Primary Ballot in 2016, and adheres to the $2 billion bond limit agreed to by both chambers. I would ask for your support. Do we have any discussion or debate? Senator Van Dyun for what purpose do you rise? To speak to the bill.  Senator Van Dyun you have the floor. I just want to thank Senator Harrington and everyone who worked on this bill, in particular I'd like to thank you for the 45 million that you set aside for our [xx] at the universities I know the University of Ashbel  is particularly grateful to have the opportunity to start work on some of there renovation units. Thank you. Senator Blue for what purpose you arise? To speak on bill.  Senator Blue you've the floor.  Thank you very much Mr President and actually I'd like to commend the committee and there's a pattern emerging here and I think I want to point out to the body it seems from senator Harrington and  something rather it's in transportation in adjusting the way that we do the transportation for the 20 year first century and the bands of staff was senator Rabin himself just as it happened here. It seems that it is a going in the right direction I told her that and I told senator Rabin I really don't believe that because what the new right of the transportation funding formula last year, and now the way that you've done this, I think that they ought to be commended. And I will say as one of the Senators representing Lee county I want you to take note that none of us resisted the offer this make a special push the poor in Rural counties we are going in a one to one match our community colleges none of us subject to  this three to one match for the counties that needed them most, part of the reason is this workers will end up all leaving North Carolina and it's important that they get trained in the educational system where they are. Whether they end up in Riley or Charlotte or the local areas where they're trained. And that's the attitude I think that we had to think about, this parastatal of North Carolina, we're all one state. But also I want to commend the leadership for creating a process, so that there could be input from everybody and so that everybody's thoughts could be heard and collectively as senator Ribbon said three of us can come up with the best idea for the 10 million North Carolinian. That is one of the thing and the spirit of what the preacher said this morning. In the spirit of Isaiah, I don't want you to think that we're beating our swords into ploughshares and our spirits in attaining hopes. But I do want you to know that we very much appreciate this process and I think we can go out as well against the budget because I didn't think that people had participated fully, and I'm praising this process because I think that people have. So again I want to commend Senator Harrington and Senator Raven, are known of those who played a role to making this possible. Any further discussion, or debate? Senator Brock for what purse do you rise? To speak briefly to the bill. Senator Brock you have the floor, since I have been down here year after year we have not put money in repairs and renovations, our buildings have started to crumble and we've had to spend a lot of money to try to bring those things back up into shape. It's nice to build a new building, but we have a lot of needs out there. At one time it was over $2 billion in our UNC system, we have a lot of existing buildings right now that need a lot of work.

It's nice to go on by something new, and we will be paying about $200 million per year in 20 years $4 billion, we have a lot of building right now that need renovations today, or have the same problem we did in the North Carolina zoo that they've become will be torn down because there's no repair and renovation money for years and in fact the zoo will get money but they can not use it for repairs, and so we had to build a brand new building in this place where that building could be taken care of and when I talk to the state employees, I talk to everyday people the ranking five, not just all over the state and all these different agencies, and I ask them like what can we do? Look at that, and they said, let's keep up our building in that when you've to pay $200 million for a brand new building, they know that will come out of any potential pay rise hit up a benefit to the health care plan or the pension. And all we had to do is just make sure that we repair our buildings that we have now. It's nice to build something new, but we need to repair and state what we already have. Do we have any further discussion, or debate? Senator Gunn for what purpose do you rise? Speak to the. Senator Gunn you have the floor. I just like to say that I know we are still here but he last two days have been historic for North Carolina for the passing of 117 which is a fantastic Economic Development Bill. And now this bond which is going to be a driver of jobs, it's going to aid our state. It's going to make this a great place to live, work, have a lot of people. I'm really really proud of these two bills being passed, but I also want to reminds folks what we did in transportation and how we're going to allocate that, thank you Senator Harrington for that and to other folks that work on that, is a great lesson to be learned. I do think this bond was needed, I do think it was needed. And I think two million was a good healthy number showing a commitment to our state, but moving forward, I think we need to think long and hard heard about our capital needs or repairs in renovations, and we need to start thinking about how can we do with capital renovations, and improvements the same thing we did with transportation, and let's find these stuff as we move forward, because I tell you, I've been in real estate a long time, I've been around properties, and when you let them go, they go down quickly, and they're always more expensive to renovate and more expensive to build, so I commend this body for this, and let's just keep in mind that as we move forward, we also need to take care of our capital improvements on an ongoing basis. Thank you. Senator McInnis for what purpose do you rise? Speak to the bill. Senator McInnis you have the floor. Thank you Mr. President. Hello senators I'm very appreciative of leadership and the senators that worked on this as well as the members of the house that brought about this important piece of legislation. I'm especially proud that we were able to ad the University of North Carolina Pembroke back into the mic here. Richmond County, Scotland county both have articulation to Griven with the UNC pembroke and the community college there is able to allow students to work during the day time and go to school at night. They own the community college campus through the articulation agreement and to create educators who come back to our public schools, and those two counties and bringing forth education to our children. The community college is of course the backbone of economic opportunity in Rural North Carolina, we've given then an engine with this bill to bring forth new buildings, renovations and opportunities for better and for more educational chances and also can't be complete without a statement about the water and sewer infrastructure for rural North Carolina. It is imperative that are allowed to start to repair our infrastructure in many of our small rural towns who have failing sewers, failing water systems, this will be the shot in the arm that will bring them out of the great recession and bring them back up to reality. Now I certainly do appreciate everybody and look forward to supporting this bill. Mr. President Senator Tucker, for what purpose do you rise? Speak to the Bill Sir. Senator Tucker you have the floor. Senators, thank you for the opportunity speak to you this morning. I just want to remind us, as we moved forward with these bond packages, there is no money in this bond package for deferred maintenance for the buildings.

What will happen is, is we'll open all these new buildings and then bum, the general front gets hit with the operating costs and this new buildings and there's no money provided in the bond, and as I look back over the bonds that I've seen passed in this state, I'm not seeing that, so I would caution moving forward if we do any more bonds in the future that Senator Hatch suggested I know Senator Hise is an advocate for it and I am too for deferred maintenance so that when a building opens we have the money set aside to operate it within the bond package. So that we have the full package and not just a group of new buildings with no monies to operate them on day one, and in the future. So I would just ask that we consider that as we move forward, if we do any more bonds, thank you Mr President. Senator Rucho, for what purpose do you rise? To debate. Senator Rucho you have the floor. Thank you, members of the Senate. First things first I think senator Hartsell and I may have been here at the time when we had the last big bond package that the people of North Carolina had the opportunity to vote for, because they wanted to make sure that the university system, community colleges and the likes were funded at the appropriate level. To meet the needs of our citizens and that's what our goal is, and I fully support that, but I'm going to repeat exactly what Senator Tucker made a point of, and that there is no plan to know exactly what the cost is, three to five years out form the day that building is finished, what the operational cost on energy, on new staff or anything of that sort and it puts a strain on the budget when that building is finished and waiting there and then all of a sudden senator Brown finds out that we have to add another three, five $7 million to a budget which we had not planned from the future. I think the General Assembly, both the senate and I know we're very supportive of that in the house, need to come together and find a way to do this valuations in advance of the time these buildings are actually funded with the bond and to do so is really irresponsible. We really do need to know know what the true cost is and take that into future budget plans, thank you. Mr. President. Senator McKissick for what your purpose rise? To speak on the bill. Senator McKissick you have the floor. I like wise want to thank colleagues have put a lot of work on this and I appreciate the fact that in the package this here before us today, there has been additional relief provided for some of the [xx] they buy colleges, universities and wasn't in here when this bill was first written before findings committee, so I want to thank everybody for that level of sensitivity and inclusion. The thing I've heard today spoken was this referred maintenance issue and this referred maintenance issue is a very profound and serious issue. Just yesterday we were looking at these self-liquidating fund projects over at North Carolina Central, my district just to get $10 million in maintenance money [xx] come up taxing the students there to pay for it. And I don't think that we we need to be looking at funding for repairs and for maintenance in that way, likewise I remind you that we did have provisions that we require all states buildings to subscribe to once and they look at life cycle course. A lot of that language was stricken in recent years, so we were not looking at life cycle any more. So, when we sit here and look at this bond packages and I think this is a good bond package. It's certainly the right the time to go to the market where historic laws in terms of interest rates, all sold look at full needs and over here at North Carolina central campus when I spoke with him they got 100 million dollars, 100 million dollars Meet those needs today just yesterday we're looking at trying to get 10 million by taxing the students I don't want to see that become a trend throughout our universities systems. I thank those that worked on it, it's been analogies made to the motility, and mobility fun and way transportation was rebuild, I thought that was a great idea, it is a probably 200% looking on project based upon merit. Criteria that were articulated more objective, and we also last week as we did something that was completely contradictory in dealing with that, was like real. Because that project, between government Chapel hill initially granted $138 million in four lines in a budget we reduced it to 500, 000. So let's be consistent with our messaging let's be consistent in trying to come up with ways of funding this, and let's not fund deferred maintenance, like taxing these students at these colleges and universities.

Any further discussion or debit? Hearing non question for the senate passes senate committee House Bill 943 on the second reading, all those in favor vote aye, oppose vote no, five seconds to be allowed for the voting and the clerk will record the vote. 46 having voted in the affirmative and two in the negative Senate committee substitute house bill 943 passes it's second reading and it'll remain on the calendar and that's the end of our calendar for the day do we have any notices or announcements? Senator Apodaca propose your rise? Mr. President, motion please. Senator floor Apodoca you have the floor. Thank you Mr. President As the Senate joint resolution 721 was just filed in the clerks office I move the rules be suspended to the end and the resolutions may be introduced today, and re referred to committee on rules. I don't think any one wants to object to the adjournment resolution No objections so ordered. Any other notices, or announcements? Any further business to come for the senate? Senator Mclnnis for what purpose do you rise? Moment of personnel privilege Senator Mclnnis you have the floor for a moment of personnel privilege. Thank you very much, I'll like to remind, and announce to all the colleagues here, and everybody within the sound of my voice that this Saturday, the September the 26th, is recognized by North Carolina Wildlife Commission as Youth Dear Hunting Day, and on this day, youth under the age of 16 may use any legal weapon to hunt dear of either sex, and do not need to be accompanied by an adult. Hunters aged 16, and older with a valid hunting licence may use the weapon that is legal for the type of season open in their camp on this day, all hunters must wear the hunter orange on this day even if the hunter's using archery equipment. I also would like to announce to everyone that Saturday is also National Hunting and Fishing Day. It occurs that the 4th Saturday in September is a National Grassroots Effort to promote the outdoors sports and wildlife conservation not only here in North Carolina but in the United States. And I would like everybody to make sure that the youth in your family know about this and get them out of the way from those video screens get them outside and let them enjoy the beauty of the great state of North Carolina. Thank you very much. Any further business to come before the Senate? If not, the Chair recognizes Senator Berger for a motion. Mr. President I move that the senate do now adjourn, standard stipulations at senate rule 24.1, ratification of bills, the appointment of conferees receive the conference report, receive the committee reports and receive the house messages to reconvene on Thursday, September 24th 2015 at 10 A. M The motion is that the Senate do now adjourn subject to stipulations stated by senators Burger to reconvene Thursday September 24th at 10 AM seconded by senator Herrington all that in favor say aye oppose no the ayes have it, Senate stands adjourned.