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Senate | July 1, 2016 | Chamber | Senate Convenes

Full MP3 Audio File

[BLANK_AUDIO]. All set I assume I banged it on here. [SOUND]. The Senate will come to order. Sergeant at Arms will close the door, members will go to their seats. >> We hear you. >> Oops. Hm. Senate will come to order, the sergeant at arms will close the doors, members will go to their seats, members and guests in the gallery will please silence all electronic devices. Leading the senate in prayer is senator Don Davis, all members and Guests in the gallery will please stand, Senator Davis. [BLANK-AUDIO] [BLANK_AUDIO]. Let us pray. Almighty God, I am so thankful for our state and our nation, and I am especially thankful for our freedom and the sacrifices Others have made to protect it. >> Above all I'm grateful for the freedom from sin and grace that you offer each of us, because of this freedom our hearts and souls are free to praise you. Now God let's Let all those who serve and especially those who are preparing to journey on how to lift up senator, [INAUDIBLE], [INAUDIBLE], Avodaka and Bingam and all of those who Who are here. Now Lord bring us a higher sense of patriotism as we prepare for the 4th of July,may all the dis day symbolizes, renew our faith and freedom our devotion to democracy and our efforts to keep a government which is of the people by the people and for the for the people alive in our state and nation, and lastly, I pray that we never take our freedom for granted for Christ's sake. Let everyone say amen. >> Amen. >> Thank you, Senator Davis. Senator Berger is recognized for a motion. [BLANK_AUDIO]. Thank you, Mr. President. The journal for June 30, 2016 has been examined and found to be correct. I move that we dispense with the reading of the journal and that it stand approve as written. June 30, 2016, I'm sorry. >> Without objection the journal for June 30, 2016 stands approved as written. [NOISE]. A little quiet in the gallery and other wise. >> Pardon. >> Leaves of absence are requested and without objection granted for Senators. Bingham, Newton, Tart, Clerk, J Jackson, Robinson and Lee. We have no nurse of the day. Let's go to the calendar. >> Mr. President. >> Senator Apodaca. >> Mr. President, motion please. >> State your motion. Motion please. >> Mr. President members I move the bill be suspended to the end of all bills and conference reports that are received today by the Senate may be paced on today's calendar for consideration. >> Without objection so order. >> Mr. President Senate bill 667 election [INAUDIBLE] revisions was received today from the House move that it be placed on the end of today's calendar for consideration. >> Without objection so order. [BLANK_AUDIO]. Okay [INAUDIBLE]. Messages from the house Message from the house. Senate bill 667 house committee substitute an act to create consistency of the time provided to complete election compasses, to require the attorney general to defend local acts against facility facial changes to provide for Ballot Ovin of candidates for Jazz at Cobra appeals to require explanatory for captions for constitution amendments on balance. To authorize a joint legislative election oversight committee to study milinious super election in even numbered years, to update the filing period for the elections and the study of rates bill Provide for participation in the census redistricting data program and for return of election data.

Receive or concurrence. >> Pursue it to Senator Apodaca's prior motion that's placed on the end of today's calendar. >> For the calendar. For concurrence third reading Call senate bill 739. >> Senate bill 739 county of Roseville annexation. >> Any discussion or debate? All in favor will please place a, I gotta find this in the [BLANK_AUDIO]. Just a moment. [SOUND]. [BLANK_AUDIO] Here we go. Okay. [BLANK_AUDIO]. >> Is there further discussion or debate? Hearing none the question before the Senate is the passage of Senate Bill 739 on its third read. All in favor Will vote aye, opposed will vote no. Five seconds will be allowed for voting and the clerk will record the vote. [BLANK_AUDIO]. Forty having voted in the affirmative and none in the negative. [CROSS-TALK] Oh Richard I, do I really have to? I can't even see nice. [LAUGH]. 43 having voted in the affirmative and none in the negative Senate bill 739 passes its reading and will be enrolled. For concurrence, second reading roll call. Senate bill 727. >> Senate bill 727, more county local sales tack judicial restriction >> Mr. President. >> Senator Tillman is recognized. >> I vote aye, or just not to concur to vote no we made a little fix on this bill. [BLANK_AUDIO] >> Where is that one? Okay. [BLANK_AUDIO] Okay. [BLANK_AUDIO] All in favor will vote aye, all opposed will vote no five seconds will be allowed for voting the clerk will record the vote. The master of the bill has recommended a no vote. >> Okay, Apodaca, Berger, Tucker, Jackson. Let's just vote again if we might. >> [LAUGH] I'm kinda new at this. >> Mr President. >> Senator Rabin. >> I believe there is a malfunction in the red buttons today mine will not work. >> We're just gonna try it again. Okay the motion for concurrence is before you let's see. [BLANK_AUDIO] All in favor will vote aye, all opposed will vote no five seconds will be allowed for voting and clerk will record the vote, the sponsor has recommended a no vote. [BLANK_AUDIO] Berger no. [BLANK_AUDIO] Van Duyn no, Riddell no, any further, [BLANK_AUDIO] Zero having voted in the affirmative, 43 in the negative, the motion not concur is adopted. >> Mr President. >> Senator Tillman. >> I would ask that Protam go ahead and get the conferees names so that we can meet today and we'll try to meet with the house conferees today. >> As I understand it now, the Protam was so notified. Okay.

Next for concurrence local bills, senate bill 132, senate bill 848. >> Mr President. >> Senator Apodaca. >> Motion please. >> Ask for motion. >> Senate bill 132, Colombia elections hope Mills quick take, we'll only take a quick look at this ask that it be removed from this calendar and placed on the supplemental calendar. >> Without objection. >> Mr President >> Senator Apodaca, while we are at it, senate joint resolution 903, adjournment resolution asked it that it be placed on the supplemental calendar. [BLANK_AUDIO] >> Without objection. Okay, we are back to I believe senate bill 848. >> Senate bill 848, carry charter amendments? >> Okay. [BLANK_AUDIO] Is there further discussion or debate? >> Mr. Chair, Mr. President? >> Senator Barringer. >> I recommend that we concur this bill left the chamber with 100% unanimous vote is coming back to us with one section deleted that's the only change so I recommend concurrence. >> Okay further discussion or debate? The sponsor has recommended a favorable vote all in favor will vote vote Aye, oppose will vote No. Five seconds will be allowed for voting and the clerk will record the vote. [BLANK_AUDIO] 43 having voted in the affirmative, none in the negative. The senate concurs in Senate bill 848 and the bill will be enrolled. Get hang on this okay. This will now be interesting. Now the public bills. For concurrence, third reading roll calls, senate bill 124. >> Senate bill 124 assume business name I seek in theme parks. [BLANK_AUDIO] >> Senator Apodace? >> Speak on the concurrence vote. Members this is what we debated yesterday on second reading. Senate McKissick had a few issues with it but that and whoever the bill sponsor was, there was only two problems we solved that I recommended to him. >> Mr president? >> Senator Mckissick is recognized. >> I'm okay with this bill moving forward but I will bring it everybody's attention that there are literally hundreds if not thousands of businesses operating under assume names in our sate. And their certificates are gonna expire in 2021. Historically, those are registered at the county level. These businesses that are out there offering today they won't have any way of knowing that their certificates have expired unless they happen to walk into a bank or see a legal or a public notice. It's problematic in my opinion, but at the same time they wanna start a new system that would provide opportunity to get the information centralized. It's probably not the best way to proceed but it looks like they thought it through and they feel like it's the only way to do it. But there're gonna be a lot of people out there that are operating under new assume names who will no longer theoretically have the right to do so and even others who can take their names. That's why I held on to, I guess to ask that question, but I don't see any alternative at this time. >> Is there further discussion or debate? Hearing none the question before before the senate to be in concurrence and house committee substitute for senate bill 124, all in favor will vote aye, all opposed will vote no, five seconds will be allowed for voting, and the clerk will record the vote. [BLANK_AUDIO] 43 having voted in the affirmative and none in the negative, the senate concurs and the house committee substitute and the bill will be ordered, enrolled and sent to the governor. Okay for concurrence. Senate bill we are gonna vote this through the block, senate bill 770 and house bill 886, the clerk will read. >> Senate bill 770, NC firm act of 2016 Senate Bill 886, Retirement Amendments. >> And it turns our we're gonna vote these separately.

But I just learned that. It wasn't on my cheat sheet. >> [LAUGH] >> Okay, the Senate Bill 770 has been read by the clerk is there further discussion- >>Mr. President, >> Senator Jackson. >> Thank you Mr. President. I'd just like to explain the changes made in the report as it came back over. >> Feel free. >> Okay, thank you Mr. President and members are basically what they've done or what the house has done was remove section 12 which was the capacity use areas. We're gonna put that in, sort of further looking at it and studying. They tweaked section 13 basically to really in my opinion made it a little better, and more understandable in the sediment control will exception. And then they added one section which allows for Utility waste facilities to move up in the interconnection que and there was no opposition to this all stakeholders were okay about this. It's been a long drawn out process again on the farm act, but I'm okay with these changes and I would ask that you support the concurrence. So I would ask that you vote yes thank you Mr. President. Thank you members. [BLANK_AUDIO] >> Okay. Is there further discussion or debate? Hearing none, the question for the Senates concurrence and House Committee substitute for Senate Bill 770, all in favor will vote aye, all opposed will vote no. Five seconds will be allowed, for the voting and the Clerk will record the vote. >> Apadaka aye. >> Apadaca aye. Okay. 43 having voted at the affirmative None in the negative, the Senate concurs and House Committee substitute and the Bill will be enrolled and sent to the Governor. Senator Jackson. >> This is an aside. Senator Tucker do you agree with that? >> No. >> [LAUGH] [LAUGH] Okay, Senate Bill 886, the Clerk will read. >> Senate Bill 886, Retirement Amendment. >> [BLANK_AUDIO] Sandra Wells is recognized. >> Thank you Mr. President members. We sent 886 over in a pretty clean form. The House just couldn't resist adding a couple of things to three different issues, in fact they did however throw in a sweetener that I found very attractive that I ask for you to support this Bill and vote yes for concurrence. Is there further discussion of debate? Senator Ford is recognized. >> Mr. President see if you can get the member to explain what the sweetener is. >> Senator Wells do you yield? >> Certainly one of the add on's was a change to the make up of the board of the teachers in state employees retirement system. That included a replacement on the board of a higher education member with an appointee from OSHR. While they were doing that they added an additional transparency, every October the board comes out with a calculation of unfunded deficits of the retirement system. They would do an addition calculation to give us a range of those potential deficits. Further discussion or debate? Hearing none the question before the Senate is the concurrence in the house bill substitute for Senate bill 886. All in favor will vote aye, all oppose will vote no. Five seconds to be allowed for the voting and the Clerk will record the vote. [BLANK_AUDIO] [BLANK_AUDIO] 43 having voted in the affirmative non in the negative. The Senate concurs in the House committee substitute for senate bill 886 and the bill will be ordered enrolled and sent to the Governor. [BLANK_AUDIO] conference report for adoption. Senate bill 482. >> Senate bill 482, LLC clarifications and/g inventor ownership. >> Senator Barringer is recognized. >> Thank you Mr. president. I recommend that we adopt this conference report, this went to conference to make some technical changes to a technical change act. It's not the tech correct act, but it it was technical changes to

the limited company act. Those changes have been made so I recommend that we adopt the conference committee. >> Is there further discussion of the debate? Hearing none, the question for the body is the adoption of the conference report for senate bill 482, on favor will vote aye, all opposed will vote no, five seconds will be allowed for voting and clerk will record the vote. [BLANK_AUDIO] [BLANK_AUDIO] Meredith aye, 43 having voted in the affirmative, none in the negative, the conference report for senate bill 482 is adopted and the house will be so notified. [BLANK_AUDIO] [SOUND] Upon motion of senators Don Davis and Lewis Pritt of Pitt county the Chair is happy to extend the courtesy of the gallery to the police athletically Galvan green bolt North Carolina. If you are here please stand and be recognized [BLANK_AUDIO] >> [APPLAUSE] [APPLAUSE] >> Welcome. Okay. Conference report for adoption. House Bill 561, clerk will read. >> House Bill 561. School system of providing/g legal proceedings. Mr. President. >> Senator Tucker's recognized. >> Yes sir. Thank you. I would like to withdraw the conference report, please. >> Without objection. Noted , the report's withdrawn. >> Thank you Mr. President. >> Senator Tucker. >> I would like to resubmit a new report and have my page from young page from Handerson Bill, Tommy take it to the clerk. >> [LAUGH], >> little Tommy okay. [BLANK_AUDIO] Mr President. >> Look little Tommy. >> Mr President, let me go first if I may. I moved. >> The conference report just submitted by senator Tucker be brought forward for immediate consideration. Without objection. >> Mr President, see if senator Tucker would yield for a question. Senator Tucker will you yield? >> [BLANK_AUDIO] Yes sir [INAUDIBLE]. >> I know you are still kind of new here at least by my standards, but you do know it's a long standing tradition here in the senate that the senators take to their page to lunch. [LAUGH] >> That works for me. >> That's out of order. >> Okay let's try house bill 561 conference report I'll read again. >> House bill 561. The conferees appointed to resolve differences between the senate and house of representatives on house bill 561, a bill to be entitled and act to modify authority of school system with regards to legal proceeding and investigations commissions substitute paper for 41514 submit the the following report. >> I assume the new report's on the dashboard. Senator Tucker. [BLANK_AUDIO] >> Yes sir. My motion, I would ask that we adopt the conference report. We've changed a couple of things there went back to some old Senate language and have the new study in place. So I would ask for a favorable adoption of the conference report. >> Is there further discussion or debate. >> Mr. President. >> Senator Blue. >> A question of Senator Tucker if he would yield. >> Will the Senator yield? >> Yes Sir. >> Senator Tucker, pardon me, I was juggling several things. This conference report that you just submitted, changes the original Bill and it turns it into study rather than the mandate that was in the Bill when we had - >> Yes Sir. >> I'm tyring to figure out. >> Yes Sir. It's a PED study to determine if there are other ways that school boards an county commissions can meet or reconciliation on their

budgets rather than suing each other. Yes Sir, it is a study. >>Okay. Thank you. >> Yes Sir. >> Okay. >> Is there further discussion or debate. Hearing none, the question for the body is the adoption of the conference report for House Bill 561. All in favor will vote aye, those opposed no. Five second will be allowed for the voting and the Clerk will record the vote. [BLANK_AUDIO] [BLANK_AUDIO] 43 having voted in the affirmative, none in the negative, the conference report for House Bill 561 is adopted and the House will be so notified. Okay. [BLANK_AUDIO] [BLANK_AUDIO]. Senate Bill 667 which is added to the calendar earlier today is the conference report Senate Bill of a concurrence, Senate Bill 667, the The Clerk will read. >> Senate Bill 667, election ominous provision. >> Mr.President. >> Senator Richer is recognized. >> Thank you. To explain our senate Bill 667 conference support. >> Please do. >> Ladies and gentlemen of the senate, this bill comes over to us from the house. It has been compiled by a number of requests and recommendations by the State Board of Elections and the County Board of Elections, to try to improve the election process and And, I'll just briefly go over a couple of areas. First, the bill requires canvasses to be held ten days after elections which puts them in line with both the general elections, which happen in November even years and every other election so there's consistency there. Second Bill. Second portion of the bill requires that the Attorney General, to represent the state in all actions related to the validity and constitutionality of the local act enacted by the General Assembly. Thirdly the bill requires that candidates for judges on the Court of Appeals. Listed in order on the ballot in a very similar manner to the candidates for partisan races. It is explained in the bill as to how that categories are established. It also would prohibit the numbering of constitutional amendments as they appear on the ballot. the amendments would instead be designated by. A short caption provided by the Constitutional amendments publication Commission . The bill will also states that it is intent of the general assembly to provide for even numbered years municipal elections beginning in the year 2020 election cycle and allows the joint legislative oversight Elections oversight committee to study these issues during the intro. The bill changes the filling period from municipal offices for the city of Ridsville, provided in the general statutes. The last portion of this bill deals with BTD's which are voting tabulation districts Which is how election results are reported but more importantly, it's how the census data that is collected at the end of the decade, with the census report and the next one will come in 2020, will be delivered to the state of North Carolina These VTD's had been frozen in the year 2008, there have been many, many changes in the state. Population and presync lines and the like, and so what it actually does is it ask for update to prepare for the 2020 2020 senses data and drawn new VTD maps to be considered by the general assembly for the next census cycle. Those new VDT maps will be drawn taking any consideration the following practice, distance of polling places, election efficiency Reasonable size and like. Also it does establish a system where precincts are there certain criteria that is going to be established as to what consistent precincts are. Some of the precincts that we have in this state may have 20,000 voters, others may have Two or 3,000. There has to be consistency there and so it's going to be the responsibility of the board of elections to come forward with a plan and report it back to the general assembly as to establishing consistent criteria

so that all counties are going to be represented equally. Mr. president, I'll stop there and Respond to any question, otherwise I would ask that we support and vote for this bill. >> Mr. President. >> Is there further discussion? Senator Blue. >> Senator Rucho yield a question? >> Will the Senator yield? >> Yes sir. >> Senator Rucho I was trying to read through this as you explained in it. Does this bill mandate that municipal elections be on the same schedule as the other election that is they would move to even numbered years. Presidential, gubernatorial elections and occur at the same time? >> I don't believe that's correct, no sir. Follow up >> Follow up. >> Well sir. >> What is it do with respect to these elections I was trying to read through a section that said in 2020 municipal elections will be held. >>Which section is that again please sir? >> Yeah. Give me one second I go back. I was trying to scan through it Section five. >> Okay. >> Even numbered year municipal elections effective with the 2020 cycle. >> Does Senator yield? >> Yes sir I will. [BLANK_AUDIO] [BLANK_AUDIO]. Mr. President >>Senator Apodaca. >> Mr. President I move that we place this on this afternoon supplement calendar, give everybody a chance to look at it, is a lot of information. >> Without objection Okay, that's everything. [BLANK_AUDIO] Senator Apodaca do you care to make a motion to recess or someone. Announcements senator brown. >> We got several things going on, republicans talk is at 1:30. [BLANK_AUDIO] Senator Raven. >> A moment of personal privilege plea. >> Recognize for a moment of personal privilege. >> Thank you Mr. President. Ladies and gentlemen, yesterday, we bestowed upon a couple of our members who are departing, a symbol of. Gratitude, from the Governor, whose signature was debatable on one of those. But today I would like to convey to a good friend of mine, a symbol of leadership. And I will present this gavel to Senator Bob Rucho. In the senate, ladies and gentlemen we do not give these things out every day. We try to stay green and we want our trees to grow. But, on occasion we do and so this gavel is a time worn/g. It has been shaken at all you people up there.The lobbyists, if you'd like to stand. It has been used to gavel you down. it has been used when Senator Rucho had to call a vote within impartiality. And it has been used on your lobbyist to, he suffered with fraility/g. But then seriously, I would like to give this to Senator Rucho, for him to know that forever and to remember forever that he has served millions of North Carolina, north Carolinians. And you served them fairly and you served them honestly and I can tell you, Senator Rucho not everyone can say this about themselves. But I will say this about you. You're leaving the state of North Carolina better than you found it. God bless you and thank you for your service. >> [APPLAUSE] [APPLAUSE] >> Thank you.

>> [APPLAUSE] >> Mr. President. >> Having been recipient having being gaveled down senator Rucho- >> [LAUGH] >> I would recognize senator Rucho. >> One moment of personal privilege. Thank you sir. Members of the senate and I have been honored on two occasions and twice. I was dumb enough to come back the second time but on two occasions I've been honored to be a member of the senate family. I can't tell you how much that means to me. We've had some great times together not always agreed, but what's in the best interest of the state and the people of our state. After the description to this gavel I'm going to try one, own this one. [LAUGH] But I will say to you that as most of us try to do, we come to North Carolina and the state senate and General Assembly, with the best interest in heart to make North Carolina the very best state in the country. And we've succeeded, ladies and gentlemen. We have made some great strides as Senator Reagan alluded to. We are actually leaving North Carolina better than we found it, when we came in in 2011 both physically, tax wise, regulatory and the like. That does not come easy, as you all know. There's sacrifice, there is hard work, there's discipline. And sometimes you just have to say no in situations. it's easy to say yes. All of that comes with also an important part. In my experience here, and its almost 16 years, a fellow that I have served with for a good. many of those years, who without his leadership, and that's critical ladies and gentlemen, without the leadership of my friend Phil Berger. He has been a scholar. He has the person giving us the direction of what conservative values put forward in North Carolina and what we've seen from that and that kind of leadership clearly shows how successful it is and how successful North Carolina is now, and will be if this General Assembly and specifically the Senate continues to work hard in that direction. We have not always agreed. But I will say finally he understands that I was right on all the times that we disagreed. >> [LAUGH] >> Senator Raben, thank you very much and members of the Senate, it has been really my honor to be part of this family. I leave saddened but I also leave with a smile on my face cuz I know I don't have to be here anymore on the 4th of July. >> [LAUGH] >> So, thank you all and Senator Berger, thank you for your leadership and your friendship. For each of you, I wish the very best and God bless you all. Thank you. >> [APPLAUSE] [APPLAUSE] Mr president. >> Senator Apodaca >> Mr President, announcement of conferees please. Mr President, the present pro-tem announces conference for Senate Bill 727, Moore county locals sales tax, Chairman Bill Raven, Bob Rucho and Jerry Tillman Mr. President. >> Senator Blue >> To announce the democrats caucus at 1:30. At 1:30. >> We're gonna try to be a joint caucus. >> [LAUGH] >> Okay Senator Heis is recognized. >> Mr. President to ask that the words of senator Raben and Senator Rucho be spread across the journal. [BLANK_AUDIO] without objection so ordered. [BLANK_AUDIO] Is there further business Senator Berger you're recognized. >> Mr. President to call for a recess unless someone else has, I don't see anyone else standing so Mr president I move the senate to now recess subject to the standard stipulation set fourth in senate rule 24.1 on the appointment of conferees, receipt of committee reports. Receipt of conference reports and a receipt of house messages, ratification of bills to reconvene at 2 pm. The senate now stands in recess till 2 pm.

That will do it? >> I gavel this? >> Yeah [SOUND] [LAUGH] [BLANK_AUDIO] >> The bills conference reports for senate bill 482 is adopted by the house June 30th Then it was notified and, the Senate adopted it today. It will be enriolled, and sent to the Governor by special message. [BLANK_AUDIO]