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Senate | July 21, 2014 | Chamber | Session

Full MP3 Audio File

Senate will come to order. The Sergeant-At-Arms will close the doors. Members will go to their seats. Members and guests of the gallery will please silence all electronic devices. Leading the Senate in prayer is the Reverend Peter Milner, Senate Chaplain. All members and guests in the gallery will please stand. [SPEAKER CHANGES] Please pray with me. Heavenly father, we give you thanks for your presence which extinguishes all of our anxiety. We praise you for your almighty covering. At the opening of this week, we plead with you to be with us. Be gentle with us, even though we’re not gentle with you. Help us to be kind to one another even though we’re not kind with you. Even though we do not heed your voice. Have mercy, oh Lord. And Jesus, on this day, when we begin this week, we ask for a fresh start of kindness, a fresh dose of compassion because without you, we can’t do anything. It’s in your name that we pray. Amen. [SPEAKER CHANGES] Senator Pate is recognized for a motion. [SPEAKER CHANGES] Mr. President, the journal of Thursday, July 17th, 2014 has been examined and is found to be correct. I move that this Senate dispense with the reading of the journal and that it stand approved as written. [SPEAKER CHANGES] Without objection, the journal for July 17, 2014 is approved as written. Members, leaves of absence are granted for Senator Allran and Graham tonight. Members, in the back of the chamber our Nurse of the Day is nurse Jean Davison of Chapel Hill, North Carolina. Nurse Davison, if you would please stand, we appreciate your service of the Senate today. Members, upon the motion of Jeff Tarte of Mecklenburg County, the chair is happy to extend courtesies to Senator Tarte’s wife, Dr. Nancy Tarte. Today is Dr. Tarte’s birthday, and in two weeks Senator Tarte and his wife, Nancy, will celebrate their 35th wedding anniversary. Nancy, if you’re in the gallery, if you please stand. Right there. And members, upon the motion of Senator Don Davis of Green County, the chair is happy to extend courtesies to exchange students at Duke University from Wu Han University, they are at Duke working in nursing and public health and I believe they are in the gallery up here. If you would please stand. We thank you for visiting the North Carolina Senate. Ratification of bills. The clerk will read. [SPEAKER CHANGES] Enrolled bills. The enrolling clerk reports the following bill duly ratified for presentation to the Governor. House Bill 1033. An Act to Authorize a County to Impose a Special Assessment for Repair of a Dam. [SPEAKER CHANGES] Members, I’m about to… [SPEAKER CHANGES] Mr. President slow down. [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] A motion please. [SPEAKER CHANGES] State your motion. [SPEAKER CHANGES] Thank you, Mr. President. Member. Tonight’s calendar, House Bill 1181. North Carolina Medicaid Modernization. I move that it be removed from tonight’s calendar and placed on tomorrow’s. House Bill 1181. [SPEAKER CHANGES] So ordered. [SPEAKER CHANGES] House Bill 369. Criminal Law Changes. Appears on tonight’s calendar, I move that it be taken off tonight’s calendar and re-referred to the committee on Rules. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] Thank you, Mr. President. Senate Bill 403. Election Clarification. Has been sent over from the House for concurrence and was referred to the Committee on Rules. I move that it be removed from Rules and placed on tonight’s calendar for concurrence vote. [SPEAKER CHANGES] At the end of the calendar? [SPEAKER CHANGES] Yes sir. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] Mr. President. House Bill 348. Public Safety Technology bill is currently on tonight’s calendar. I ask that it be removed from tonight’s calendar and re-referred to the Committee on Rules. [SPEAKER CHANGES] Without objection, so ordered.

him as local bills are greeting roll call House Bill eleven fifty five court three five annexation 's approval discussion or debate in his local bill. on question was that as the passage on third reading of House Bill eleven fifty five, all in favor load all puzzle but no five seconds eleven about important courts about Brian, thirty seven, having voted in the affirmative and eleven a negative House Bill eleven fifty five. this passage third reading it will be returned to the house on the issue concurrence of the Senate amendments house bill twelve forty five important route at roughly five hundred garden, and that the Xanax to further discuss and debate heard reading on the local bill bearing on the question was citizen passes on third reading of House Bill twelve forty five. all in favorable vote on all those about that five seconds eleven about important for the bug forty eight, having voted in the affirmative and nine and negative house bill twelve forty five is passed third reading and will be enrolled second reading roll call house built and fifty six clerk rate of fifty six official map sacrifices recognize explained [SPEAKER CHANGES] Thank you President missed for his members. this bill simply a lot amends the Tapley charter for the town of like lower in regards to where the official map of the town of like Gore is located [SPEAKER CHANGES] that further discussion or debate airing on question for the Senate 's passage of House Bill ten fifty six on it reading off a rule, though not all of those above-noted five seconds eleven. voting for group or the bug film and I forty eight, having voted in the affirmative, and none of the negative house built and fifty six is at the second reading and will remain on the calendar Senate Bill eight eighty three the clerk written at program in Buffalo rocks recognized as one of the fastest fourth amendment supporter member portal rate center rock moves to amend the bill, there brought to recognize explain the amendment [SPEAKER CHANGES] that is actually the first part and then takes out the session, which is with family per minute typing with taking us out and dinner is one hundred percent in favor of your support. [SPEAKER CHANGES] Further discussion or debate on amendment one. during the course was set as a passage of amendment one to Senate Bill eight eighty three. all invite ruled out off all those about five seconds left of the voting clerk records, but forty eight, having voted in the affirmative and non human negative amendment one passes in the bill is that before you center brought for now since one will [SPEAKER CHANGES] this is basically a agency bill will suppress about the same and make a May ninth two thousand thirteen approved the federal stream buffer because you have received more than ten matters of discipline. when I came to the customer for review during the short session him assassinated in the employment of these the garden last year 's budget that has established a state program to address the objections to the rules and a group of spies include representatives from environmental engineering firms from litigation industry, energy and dinner in two thousand four and two thousand fourteen of April the second group unanimously approved a new set of rules that apply supportive of history, environmental groups and is the development projects across from bathroom and kitchen counter without the spell. I was at this new rule set in place the citizens requested by Diener, eating information. any questions that asked him work on it, you have to monitor, but the spread of her earlier discussion or debate centers on corporate hereof, gas and

The wheels of names of some of my questions relating that the bill is melted white, which is faster than the larger issue wouldn't harm to do so we did, sections of the event of the mentally you can use the data in that many of session-TV movie, a private copy owns the majority of our once committed by the DNA that this as a shock and, while the U.S. may and 7/8 ms-DOS in-a-half of last year and that seems intent of the defense's-of-the-state: right-to-bottom half of this year and the process and they'll sit waiting for your help with Wilson’s passage else I can read senate bill 883 on statewide, all those movement, second ?? ?? ?? One or more to the region line and auto than four million cent more on 37 and informative and 11 date in some buildings breeze past second reading it will lead to action director, that this ms is to serve 440.272 to own some reading no shame show on a visit with six of the county's 36 in favor of wealth Lobos of civility breeze past second reading and writing four, one is different session amid all the reading for civility before you're done with Wilson is passable the reason building and Wilson, although some say that he has evidence until the free press passes are breeding and only some of the women's all would be the main roads house bill 201 fort lee -Ann Min -Fried, that that general fitness as president of the selection for the minute before your movement partly dead-end up their profit in the six women as president, they add that this made-that-and-dime-line 19 invalid as the comedy-drama that has been at the center for the service will mean that languages Indonesian government sentiment, when the data from an animated democrats have investments times-Mac, the 70-some of those minimum, it happened, some of the message and others might produce more than processor that women since October issue of chances are that we have a question of money on the heel access to the side of the deaths of the machine and the red-headed, which is in the section two , he ends his and whether the importance and sent to the reopening of the 5¢ has happened since then, when system, but even have an animation that is, that that we all this, the own time to quell was becoming a U.S. Investment someone said that because the fund the development is necessary on and your 101 major redevelopment time to react on for the new store will still apply innocently sure that it's not time out of inventing the situation if this is the end, the event Sunday is that when the time-a-and ?? ………………

The old storm water rules were actually coming into conflict with the new storm water rules. Things we had to go through, one was a 48 inch steel pipe that was coming out of the ground which was then deemed to be naturalized because it was under the old EPA regulation, older environmental regulation. They weren’t able to remove the pipe. But what we’re trying to do is trying to make sure that if you’re re-development or project that these brand new rules don’t interfere with a project that was originally built with the old rules. [SPEAKER CHANGES] Comment on the amendment. [SPEAKER CHANGES] Senator Stein is recognized to debate the amendment. [SPEAKER CHANGES] Thank you. Mr. President. Thank you, Senator Brock. My read of the amendment is that it would make it more difficult for water sources that are impaired that suffer from storm water for them to benefit from new rules that apply when a development is under major re-development, that seems to be the right time to put in new storm water rules. I agree with you if it’s existing development and the rules didn’t apply at the original development, they should be grandfathered, but when you’re doing a re-development, it seems like that it should be subject to the new rules just as a new development would be. I’m concerned about the impact of this amendment on my constituents drinking water and Jordan Lake and Falls Lake so I’ll be voting against this amendment. [SPEAKER CHANGES] Is there and further discussion or debate on amendment one. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Bryant, for what purpose do you rise? [SPEAKER CHANGES] I think my question is on the underlying bill, so I’ll wait. [SPEAKER CHANGES] Is there and further discussion or debate on amendment one. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Brock, for what purpose do you rise? [SPEAKER CHANGES] To speak to the amendment a second time. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Senator Stein, on the amendment, I may be mistaken, but do you still have to go through a, in accordance of 89C general statutes of having the right calculations made with the storm water variables permeability, infiltration, and retention of partially impervious materials including gravel, mulch and pavement. I think some of the data that you’re looking at will still be part of it. If you want you, we can hold off the third reading until tomorrow to make sure everybody’s clear on it. [SPEAKER CHANGES] Senator Brock, I believe that was your first speaking on the amendment. The first was an explanation of the amendment, under the rules. Is there and further discussion or debate on amendment one. Hearing none, the question before the Senate is the passage of amendment one to House Bill 201. All in favor vote aye, all opposed vote no. Five seconds will be allowed for the voting. The clerk will record the vote. 33 having voted in the affirmative and 15 in the negative, amendment one passes and the bill is back before you. Is there and further discussion or debate on House Bill 201. Senator Brock, for what purpose do you rise? [SPEAKER CHANGES] To speak to the bill. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Thank you, Mr. President. House Bill 201 was introduced last year, was a good idea. I think we’ve taken it a little bit further. What we’re looking at, we ran into an area, we ran into this issue in my area, of a large project, in fact it was one of the largest economic development projects in the state of North Carolina. A company bought an old mill that was in very, very good shape. In fact, it’s one of the best built buildings in the state. Under the new energy code, they would have to implement energy savings on the building that the weight of the insulation could not...or would be too much of a load on the roof and the structure. What this will do...and also goes back to other mills that we have throughout North Carolina because currently we have 153 million square feet of unutilized space. We have a lot of empty mills in the state of North Carolina and basically if a company wants to move into that building under the 2009 energy codes, not the 2012 energy codes, but the 2009 energy codes, and used that building for manufacturing or some other purpose, they don’t have to try to update to the new technology of the new insulation. Because a lot of the building, they cannot handle that type of insulation on that roof. You’re building’s going to sit empty. For the one company in Davie County that it happened to, it cost them over $20 million in revenue lost because of opportunity loss. If they...they told me if they knew that North Carolina had these 2012 energy codes...

him how they were not about losing jobs to North Carolina. in fact, because of these codes in the process will not close to a thousand jobs, the state of Mississippi and availability Chamber of Commerce of the state Chamber of Commerce, said that uniform regulations, we have a heavier laboratory environment in the state of California and Southern energy code that was what was written that… we adopted here in this building in the chamber. it was not in the Council; since you have the capabilities at seventy two degrees now sounds archaic or where NIA lifetime by medleys of blue-collar jobs, aged seventy two degrees in the letter, Tom, you have heatstroke is your voice automatically into a large building it up there a few feet is something I want in the wintertime in the summertime hiking and seventy two, with the building was cargo doors and energy to run through the roof of a run through the roof. I keep it that cool,and I have the recession will last a lot of our jobs for manufacturing facilities in our meals on yesterday are sitting empty. we can rightly utilize these bureaus again to bring in John six and a lot of that we can't do it because of these energy codes. this first bank as such, the company for the rest together two thousand nine energy code and also allow them to expand if they need to under this facility. this video to improve the jobs in the facility, ladies and gentlemen, this is a job no him jobs in the manufacturing area of North Carolina, which if you look at unemployment records of those classes of people unemployed before you see a lot of people today are manufacturing arduous for this bill would procure drugs such as stone, [SPEAKER CHANGES] the essence of rock question to you when I get back on the screen work as a video on both the section of the video about the world development changing some of the language formula development going, and am curious as to whatthe impact of those changes are changes the language from economically distressed counties to cheer wine in tier two, a something like that and I'm just curious if it is of the purpose of that change in both but more people in the oldest people in the poll was the impact present unified on the Internet section one happens and when we look in the reclassification of the tenure system. [SPEAKER CHANGES] we are not a nice walk in the state. we have some counties that originally got moved to a two or three designation where parts of the county you are Q1 were are the budget for putting us take another look at the theatre system that we have, do we look at census tracts or some other forms of data so we can actually have a better representation of those counties of which areas that will look at it. this is looking at some of the areas that the unclassified higher. I have a highrating, but if you look in the Thai County of action would have a letter waiting if you went through while the methods described in service. this is a temporary fix the problem him the state and now I have enough over the budget bill that will have a good study in the interim between the short session. session so we can take a good look at the fiercest member wants more reflective of the of the economic affairs of state. [SPEAKER CHANGES] further discussion or debate [SPEAKER CHANGES] on hospital to a one and a part of what what purpose Iraq contrast to question the right to you and you sound well, utilizing exactly the kind of the facility and they can intramuscularly go. are you aware of whether or not that company utilized the historic renovation tax credit with me now rehabilitation tax credit was not searched by the sun with unwillingness in around acquisition or construction attention because part of this is to the plant of the tobacco manufacturing*

him him him aside company ISO participation landmark in aeronautical maps under the terms you are at allowed to use it more than the rehabilitation tax credit for meals because unlimited thirty two) was actually used as a male rest of loadings were giant storage facilities on a condo pretty well because of that company and the people on my community of Internet) that the woman would have been able to rehabilitate is as nice as any modern manufacturing facility, but the thirty two buildings that were there were storage and manufacturing, so they're not eligible for your credit [SPEAKER CHANGES] further discussion or debate on House Bill two oh one. unpleasant was in his classical second reading of House Bill two oh one, all in favorable vote on all." nine and five seconds bailout for the voting clerk record, but Gilman Gilman, third film. I thirty eight, having voted affirmative intent in a negative for House Bill two oh one as pastor. second reading and will, without objection, the ready thirds, North Carolina, Billy Smith is a further discussion or debate airing on quest for the Senate 's passage of House Bill two oh one on its third reading on fables, Arianna, all of those no guys have it, and house bill two oh one is past its third reading and will be returned to the house on the issue of concurrence in the Senate, Ms. substitute an amendment and the amendment will be engrossed [SPEAKER CHANGES] Mr. president set of Rockwell Corp. dropped my assistant centers. Don Romani Dallas, Jacob reading hadn't been for the prevailing side move to reconsider the vote. although grading that objection, so ordered objective rating bill remain on calendar throughout aquaculture. Rod 's motion is based in the thanking the present primary domain that are still two or one B remove the nice calendar placed on the Mars at objection, so [SPEAKER CHANGES] House Bill eleven ninety five. the clerk rate is ninety five fiscal integrity pension spiking prevention surmises recognized explain the [SPEAKER CHANGES] thank you present member Center. basically three components of the bill you have in front of dealing with the retirement system of the first is an anti- spiking provision is designed to deal with what many of us as seen over the years with individuals able to bring wood. large salaries( yeah, large contributions into their final years. compensation bus, increasing their average and increasing across the retirement system undetermined through our also make some additional changes and moving amazing. which is currently in ten years, moving them back to a five-year vesting period used in making sure that the third-party is that the individuals who do not best in the retirement system. all we do not return there, uses to them with [SPEAKER CHANGES] further discussion or debate on health eleven ninety five, [SPEAKER CHANGES] Mr. president back to the rest sacrificed their high-speed yield the field. I understand stacking is a good thing for the rest, but the Wimbledon passé. however, we went to attend your messaging system that I felt I was getting this inbetter financial shape in a retirement system, then they will come back to when I have go to a five-year back to a fabulous your

The first year that we have moved now from a ten year to a five. The savings to the state was one basis point which is .01% in the retirement. The reason we’re looking to move back is I believe that a ten year vesting period has made us non-competitive in attracting employees in. The total cost expected was, I believe, over a five year period as we move through, came to .07% of the payout. [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Senator Hise. [SPEAKER CHANGES] Less than a percent doesn’t sound like much. When you’re talking about $90 billion or $70 billion, that’s quite a bit. I was a proponent of moving it back to five years and I’m not convinced in the wisdom of going back to five years from ten. I would like to know in terms of…May I ask the questions, Mr. President? [SPEAKER CHANGES] Who do you want to direct your questions? [SPEAKER CHANGES] Senator Hise. [SPEAKER CHANGES] Senator Hise, do you yield? [SPEAKER CHANGES] I will yield. [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] Senator Hise, you mentioned 71 hundredths of a percent. Do you know what that would equate in a $70 billion account? I know you’re good at math. [SPEAKER CHANGES] It’s something I’ll have to locate for you because I believe it’s on the payout amount not the overall investment in the system and I’ll need to check on that question before I get you an answer. [SPEAKER CHANGES] Okay. Thank you. [SPEAKER CHANGES] Is there and further discussion or debate on House Bill 1195. Hearing none, the question before the Senate is the passage on second reading of House Bill 1195. All in favor vote aye, all opposed vote no. Five seconds will be allowed for the voting. The clerk will record the vote. Senator Blue, aye. 44 having voted in the affirmative and 4 in the negative, House Bill 1195 has passed its second reading and will, without objection, be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Senator Tillman, for what purpose do you rise? [SPEAKER CHANGES] Mr. President, may I change my vote from aye to no. [SPEAKER CHANGES] On second reading Senator Tillman changes his vote from aye to no. [SPEAKER CHANGES] Mr. President. Can I object to third reading on this? [SPEAKER CHANGES] The final vote count is 44 to 4 and Senator Brown having objected to third reading, the bill will remain on the calendar. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Davis, for what purpose do you rise? [SPEAKER CHANGES] On Senate Bill 883, second reading, I’d like change the vote to no. [SPEAKER CHANGES] Senator Davis on Senate Bill 883 from aye to no. And that makes the count on second reading 35 in favor and 13 opposed, passes second reading. Members we added a bill to the calendar. Senate Bill 403. The clerk will read. [SPEAKER CHANGES] Senate Bill 403. Omnibus Election Clarification. [SPEAKER CHANGES] Who is to speak on this bill? Senators, we’ll stand at ease for just a moment. Senator Apodaca is recognized. [SPEAKER CHANGES] Thank you, Mr. President. Members, the House destroyed this bill. We ask you not to concur, please. [SPEAKER CHANGES] Further discussion or debate on the motion to concur Senate Bill 403. Hearing none, the question before the Senate is the passage of the motion to concur on Senate Bill 403. The bill’s sponsor has asked that you vote not to concur. All in favor vote aye, all opposed vote no. Five seconds will be allowed for the voting. The clerk will record the vote. Tillman, no.

this is no forty eight, having voted outside not having voted in the affirmative and forty eight in the negative. all the motion fails and the house will be so notified introduction of pages. the pages may now come to the front of the chamber for introduction, you'll assemble at the front clerk rate a disturbing and came in this week hour pancake awry can build to last me quite pale over apex Nicholas Kroll, our spring parenthood Raleigh Denny McDonald, Raleigh, yours PhillipsRocky Mount Maia Phillips Rocky Mount Natalie Rhineland Kerry Ross Perot, Joe Charlotte will understand this and so members of the easier pages. the way to understand it and win the photographer was taking photographs of pages with responses earlier this week. the other was one member in his page on who one of resulted board it up with a broken camera, you'll have to decide for yourself you will him out of the pages we we welcome you to the North Carolina Senate. we appreciate the service saw in the Senate. hopefully you'll have a chance this week to get toknow your sponsor and the for those who already know your sponsor, you might want to ask him a few questions. their honor and duty-bound to respond accurately to the US. several said he was cited by notices and announcements [SPEAKER CHANGES] has a rapid aquifer drugs are a few announcements and then Amal and personal privilege, yellow, more than his present members. I informed me that we have cancelled the rules meeting for tomorrow morning. only where we are, no as well. we will have another on Wednesday morning. that'll be even better than what the more morning they have also listened what else moment of personal privilege. you will just I think we all should thank God for Teresa bridge thought is other further notices or announcements thereby look for drugs than this president to announce penmanship opportunity you have the floor. so Roberto planet searcher. we chose chair Senator Apodaca, Senator goes good to as members of the conference committee four seven four oh three Omnibus election clarifications are there for the noses were announcements is therefore the business come for the Senate, if not the chair recognizes Senator fight for most of [SPEAKER CHANGES] Mister President him, John subject messages from the house and the governor we refer to those resolutions receiving referral committee reports receipt of coffee, which reports the ratification of the terms and appointment of conferees to reconvene-on Tuesday July twenty second two thousand fourteen at three p.m.. motion is that the Senate do now adjourn subject of stipulation stated by center like to reconvene Tuesday the twenty second two thousand fourteen at three p.m., seconded by Senator Richard Law ler fight will say I all closed mode. he has evidence that it stands ajar. I have a