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Senate | June 12, 2014 | Chamber | Senate Session

Full MP3 Audio File

Senate will come to order. Sergeant at Arms will close the doors. Members will take their seats. Members and guests in the gallery will please silence all electronic devices. Leading the Senate in prayer this morning is Senator Joel Ford of Mecklenburg County. All members and guests in the gallery will please stand. [SPEAKER CHANGES] Let us pray. Father we thank you that the State of North Carolina is blessed because our God is the Lord and we are the people you have chosen for your inheritance. I pray over every meeting, conversation and activity that we engage in today. I pray that all our steps be ordered by you, that our hearts and our minds always respond in obedience to your directions. I pray that we always choose the way of righteousness when faced with many paths of judgement., that we will always fulfil your priorities and never allow our flesh to dictate our actions or attitudes. I release the truth into every realm of life in this state so the people may say, surely this great state is governed by wise and understanding people. This day we do all things to the glory of God and we are fruitful in every good work. In Jesus name, Amen. [SPEAKER CHANGES] Amen. [SPEAKER CHANGES] Senator Pate is recognized for a motion. [SPEAKER CHANGES] ?? Thank you, Mr. President. The Journal for Wednesday, June 11, 2014 has been examined and is found to be correct. I move that the Senate dispense with the reading of the journal and that it stand approved as written. [SPEAKER CHANGES] Without objection, the journal for Wednesday, June 11, 2014 is approved as written. Members, leaves of absence are granted for Senators Daniel, Goolsby, Newton, Parmon and Tillman. Ratification of bills, the clerk will read. [SPEAKER CHANGES] Enrolled bills. Enroll and collect reports the following bills, duly ratified, for presentation to the Governor. House Bill 573, An Act to Broaden the Permitted Use of Stormwater Fees, House Bill 1103, An Act to Require the Court to Consider Whether a Juvenile Petition has been Properly Verified and Jurisdiction has been Invoked at the Pre-Adjudication Hearing, as Recommended by the LRC Committee on Omnibus Foster Care and Dependency, and the following bill, duly enrolled, and presented to the Office of the Secretary of State, House Bill 1108, An Act to Make Technical and Clarifying Changes to the Duplin County Board of Education and the Board of Commissioners of Duplin County, To Provide the Vacancies on the Harnett County board of Commissioners and School Board are Filled in Accordance with G.S. 153A-27.1 and G.S. 115C-37.1, and To Provide That Any Employment Contract for Certain Local Officials in Harnett County Must Be Done By Unanimous Vote in Certain Instances, House Bill 1131, An Act to Exempt Clay County From State Wildlife Laws With Respect to Opossums Between the Dates of December 26 and January 2. [SPEAKER CHANGES] Introduction of bills, the clerk will read. [SPEAKER CHANGES] Senate Joint Resolution 881, A Joint Resolution Providing for Adjournment Sine Die of the 3013 Regular Session of the General Assembly. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Read the rules. [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] If we could, I think it might be good to read that in its entirety so everybody can get a general idea of where we're headed. [SPEAKER CHANGES] Without objection. [SPEAKER CHANGES] Wait a minute. You don't have the full one?

In Bill 881, the joint resolution providing for joint ?? 2013. Regular session of general assembly. Be it resolved by the Senate and House of Representatives concurrent. Section 1, when the Senate and House of Representatives continue in the 2013 session of general assembly adjourned on Friday June 27, 2014, they stand adjourned, ?? Section 2, this resolution is effective upon ratification. [SPEAKER CHANGES] [LONG PAUSE] Members, we are about to go to the calendar. Third reading roll call. House Bill 531, the clerk will read. [SPEAKER CHANGES] House Bill 531, Weaverville Bunker and Henderson. [SPEAKER CHANGES] Is there further discussion or debate on this local bill? Hearing none, the question before the Senate is the passage on third reading of the Senate Committee Substitute to House Bill 531. All in favor will vote aye. All opposed will vote no. Five seconds will be allowed for the voting. The clerk will record the vote. Rabin, Aye. 41 having voted in the affirmative and 3 in the negative. House Bill 531 has passed its third reading and will be sent to the House on the issue of concurrence in the Senate Committee Substitute. Senate Bill 767, clerk will read. [SPEAKER CHANGES] Senate Bill 767, Rockingham de-annexation. [SPEAKER CHANGES] Senator McLaurin is recognized. [SPEAKER CHANGES] Thank you, Mr. President. This is a very simple bill. No opposition. It’s a piece of property in the city limits of Rockingham that wishes to be de-annexed. City council’s fine with it. County commissioner’s fine. City property owners have made the request. I’ll be glad to answer any questions anyone has. [SPEAKER CHANGES] Further discussion or debate? Hearing none, the question before the Senate is the passage on second reading of Senate Bill 767. All in favor will vote aye. All opposed will vote no. Five seconds will be allowed for the voting. The clerk will record the vote. 44 having voted in the affirmative and none in the negative. Senate Bill 767 has passed its second reading and will remain on the calendar. Senate Bill 871. The clerk will read. [SPEAKER CHANGES] Senate Bill 871, Raleigh Durham de-annexation, annexation. [SPEAKER CHANGES] Senator McKissick, for what purpose do you rise? Or will explain the bill. [SPEAKER CHANGES] It’s a pretty straightforward bill. It simply de-annexes from the city of Raleigh about a one-acre tract of land and annexes it to the city of Durham. Effectuates an agreement going back to 1999. I know of no opposition. The mayors of both communities agree to it as well as any other impacted parties. [SPEAKER CHANGES] Further discussion or debate on this local bill? Hearing none, the question before the Senate is the passage on second reading, Senate Bill 871. All in favor will vote aye. All opposed vote no. Five seconds will be allowed for voting. The clerk will record the vote. 44 having voted in the affirmative and none in the negative, Senate Bill 871 has passed its second reading and will remain on the calendar. Senate Bill 874. The clerk will read. [SPEAKER CHANGES] Senate Bill 874, Spruce Pine de-annexation. [SPEAKER CHANGES] Senator Hise is recognized. [SPEAKER CHANGES] Thank you, Mr. President. This is a local bill that after several years of disagreement, the property owners and the town have decided it’s just in everyone’s interest if this property is no longer in the city limits of Spruce Pines. Thank you for your support. [SPEAKER CHANGES] Further discussion or debate on this bill? Hearing none, the question before the Senate is the passage on second reading of Senate Bill 874. All in favor will vote aye. All opposed will vote no. Five seconds will be allowed for voting. The clerk will record the vote. 44 having voted in the affirmative, and none in the negative, Senate Bill 874 has passed its second reading and will remain on the calendar. Senate Bill 741, the clerk will read. [SPEAKER CHANGES] Senate Bill 741, Bladen, Columbus, Franklin tax cert. [SPEAKER CHANGES] Senator Barringer.

Clerks recognized explain the bill [speaker changes] This is a local bill . Everyones in agreement, just allows Bladen, Columbus and Franklin county to not accept the registration of the d.e. transferring role property of the taxes or delinquent [speaker CHANGES] Further discussion or debate on this local bill. Hearing none. Members we're going to do this on voice vote. All in favor of senate bills 741 on it's second reading will say "aye" [SPEAKER CHANGES] AYE [SPEAKER CHNAGES] All apposed, no. The ayes have it. Senate bill number 741 having passed it's second reading will without objection be read a third time. [SPEAKER CHANGES] North Carolina jail discriminate act [SPEAKER CHANGES] Is there further discussion or debate. Hearing none. Question for the senate to pass on third reading senate bill 741. All in favor will say aye. [SPEAKER CHANGES] aye [SPEAKER CHANGES] All opposed no. The ayes have it and senate bill 741 has passed it's third reading and will be sent to the house. Third reading senate bill 865. Clerk will read. [SPEAKER CHANGES] Senate bill 865 boon counter boon ex jurisdiction [SPEAKER CHANGES] Is there further discussion or debate on this local bill ? Hearing none. Question for the senate is a pass on third reading of senate bill 865. Members is there any objection to voice voting this on third reading. Hearing none. Again, senate bill 865. Question for the senate is a passage of third reading all in favor will say aye, [SPEAKER CHANGS] AYE [SPEAKER CHANGES] All opposed no. The ayes have it and senate bill 865 having passed it's third reading will be sent to the house. House bill 292. Clerk will read. [SPEAKER CHANGES] House bill 292 [SPEAKER CHANGES] Mr. President ! [SPEAKER CHANGES] Yes, yes ma'am ? Senator Bryant. [SPEAKER CHANGES] I would like to ask that this be displaced momentarily until I can get the grey copy of another amendment from the stand [SPEAKER CHANGES] With that objection will move it to the end of the calendar [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] Public bill, second reading roll call. House bill 1069. Clerk will read. [SPEAKER CHANGES] House bill 1069 unemployment endurance law changes. [SPEAKER CHANGES] Senate Ruchos recognized. [SPEAKER CHANGES] Thank you mr. President and members of the senate, good morning. Just to let you know the joint unemployment insurance commission has been paying particular attention to the D.E.S and I'll give you great report from where we were with a 2.7 billion dollar deficit. As of just recently we have reduced it to a billion or less. We're on our way to meeting our mark of november of 16' where we will have paid the debt of and still tok care of all the unemployed that we need to, in regard to that. So that's some great news in putting our financial house in order and back to solvency. 1069 is a continuation of the efforts to improve the efficiency of mr. farlow has done a very goo job over there, in administering the devision of employment security. There were a couple of issues that we to pay particular attention to and one of them was to make sure that the u.i claim information confidentiality was maintained. You'll see that in the bill. Were also necessary for us to identify, to minimize what was fraud within the system using the social security number and the photo i.d. and being sure that the people who were, indeed, asking for the benefits are the same ones that received it. There was a clarification that the d.e.s had the authority to garnish and attach credit card receipts to receive money from businesses that did not pay there unemployment insurance fees as we tried to make sure that it was run properly and there was also a portion that we added yesterday in an amendment that was explained during the j comity yesterday that stablished a system for the in depended commission which is designed to give another layer of review for the claimants to have a rotating, the three members off and on, with confirmation from the general assembly.

This is just like the Utility Commission, the Banking Commission and all others, so we remain or maintain a consistency. Mr. President, I urge that we pass this bill as we continue moving to improve the Unemployment Insurance Fund in the State of North Carolina. [SPEAKER CHANGES] Further discussion or debate. Hearing none, the passage before the Senate is the passage on the second reading of the Senate Committee Substitute of House Bill 1069. All in favor will vote aye, all opposed will vote no. Five seconds will be allowed for the voting. The clerk will record the vote. Senator Graham, aye. 41 having voted in the affirmative and 3 in the negative. House Bill 1069 has passed its second reading and will remain on the calendar. Senate Bill 853, the clerk will read. [SPEAKER CHANGES] Senate Bill 853, Business Court Organization. [SPEAKER CHANGES] Senator Barringer's recognized. [SPEAKER CHANGES] Mr. President, I ask that this be displaced while we wait for a technical amendment that's yet to arrive. [SPEAKER CHANGES] Without objection. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] House Bill 558, the clerk will read. [SPEAKER CHANGES] House Bill 558. Soil and Water Regional Jail Refunds. [SPEAKER CHANGES] Senator Jackson is recognized. [SPEAKER CHANGES] Thank you, Mr. President. Members, this cleans up a tax code situation where 21 of the 96 soil and water districts do not get certain tax, sales tax rebated, while the other ones do. This bill passed unanimously out of Finance and I'd appreciate your support. Thank you. [SPEAKER CHANGES] Let the record reflect that Senator Newton is back in the chamber. Is there further discussion or debate on House Bill 558?. Hearing none, the question before the Senate is the passage on second reading of House Bill 558. All in favor will vote aye, all opposed will vote no. Five seconds will be allowed for the voting. The clerk will record the vote. Senator Bryant, aye. 45 having voted in the affirmative and none in the negative. Senate Committee Substitute for House Bill 558 has passed its second reading and will, without objection, be read a third time. [SPEAKER CHANGES] The North Carolina General Assembly enacts. [SPEAKER CHANGES] Is there further discussion or debate? Hearing none, the question before the Senate is the passage on third reading of House Bill 558. All in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All opposed, no. The ayes have it and the Senate Committee Substitute for House Bill 558 has passed its third reading and will be sent to the House on the issue of concurrence in the Senate Committee Substitute. House Bill 698, the clerk will read. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Bryant, for what purpose do you rise. [SPEAKER CHANGES] I need to request that this be temporarily displaced again waiting for an amendment. [SPEAKER CHANGES] Senator Bryant, this is not the same bill that we were. [SPEAKER CHANGES] Yes, sir. This is a separate bill I'm waiting for an amendment on, 698 as well, from the staff. [SPEAKER CHANGES] OK. Without objection. House bill 7. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Apodaca, what purpose. [SPEAKER CHANGES] Inquiry of Senator Bryant, please. [SPEAKER CHANGES] Senator Bryant, do you yield. [SPEAKER CHANGES] Yes, sir. [SPEAKER CHANGES] Do we have any idea of when these amendments are going to be with us? [SPEAKER CHANGES] The staff, one is on the way for the first one, and I think one is just a brief amendment on the effective date that the sponsor has agreed to for 698 and I think that one's on the way too. I'm running it down as best I can. [SPEAKER CHANGES] OK. Thank you. [SPEAKER CHANGES] Senate Bill, I'm sorry, House bill 777, the clerk will read. [SPEAKER CHANGES] House Bill 777, Sex Offender, Expand Residential Restrictions. [SPEAKER CHANGES] Senator Jackson is recognized. [SPEAKER CHANGES] I had a chance to discuss this bill yesterday. Would appreciate your support on closing a loophole in laws regarding sex offenders and where they can live relative to childcare centers. Thank you. [SPEAKER CHANGES] Further discussion or debate? Hearing none, the question before the Senate is the passage on third reading of House Bill 777. All in favor will vote aye, all opposed will vote no. Five seconds will be allowed for the voting. The clerk will record the vote. Senator Bryant, aye. Senator Tucker, aye. 45 having voted in the affirmative and none in the negative. House Bill 777 has passed its third reading and the amendment will be engrossed and the bill will be sent to the house on the issue of concurrence.

Speaker: ?? are we ready on 853, Speaker Changes: yes sir we are ready to proceed Speaker Changes: senate bill 853 ?? Speaker Changes: senate bill 853 business ?? Speaker Changes: senator ?? is recognized Speaker Changes: i have an technical amendment i would like to move forward before i get into the merits of the bill with your indulgence, Speaker Changes:send forward you ?? Speaker Changes:?? Speaker Changes: senator barrings you have the floor to explain the ?? Speaker Changes: thank you Mr.chair this is further a technical ?? we made a few in committee yesterday this improves the jurisdictional categories and purely makes truly technical corrections and other ares for example some of the numbering needed to be ?? i m staying ?? even though he is not here so if you are into the questions I'll b to get into it but it is technical in nature Speaker Changes:further discussion or debate on ?? of senate bill 853 Speaker Changes:hearing on the ?? senate bill 853.All opposed vote no. The clerk will open the vote. 45 have voted on the affirmative and none in the negative ?? bill passes and the bill, i back before you senator ?? is recognized, Speaker Changes:one of our greatest assets in North Carolina is ?? what this bill does is modernizes the business quote making it even better quotes by adding clarity and predictability so that our business is what to expect we modeled much of the legislation for passage after the ?? which is the goals stands of the business predictable law of north Carolina.predictability is credibly important for all people in all business.The second part of the business is also modeled after legislation Delaware and other strong business states has adopted .?? flexibility and how they organize themselves in more of the detail in that in just few minutes.With his holding company bill ?? north Carolina business will not be able to move to Delaware to exercise flexibility.Corporation just forming hill hear can choose Carolina for this flexibility ?? both pats of the bill are good the economy and good for jobs.One of the best parts in this process is been that the bill contains suggestion from a wide variety stakeholders and i ll just name the few,Chris smith of the association of the defensive ?? the advocates of justice bill roe of the justice senator ?? of the administrative office of the courts ?? who regularly blogs on this topic of business quotes and he's know in north Carolina expert,Professor Tom hays en and John curl ??law professors and many other individual practitioners Speaker Changes: Senator barring i think senator orthodox was trying to interpret you ,i gonna rule him out of the border at this point, Speaker Changes: thank you alright now i m gonna get into really good stuff.The bill ?? and clarifies the jurisdiction of ports and you say why do we need that.We really gotta need modernization of this bill since the need ?? and frankly when it was first created it was ground breaking.But right now RB says the cases involving in the internet were complex business cases so that means if send senator ?? and email and we can get controversy about that is not to create a complex business case.we also have structured here so much that the bill goes straight into the North Carolina supreme court and the reason for that is we are striving to establish a defended body of law that will compare with Delaware .Delaware has 250 years of defended body of law business is what to do ?? i will meet after that and how may know the discussion of the bill so i wont go into further detail this point and lat at their questions and i 'll be happy to take them.

Speaker: Further discussion or debate Senator Tucker for what purpose you are, Speaker Changes: To speak on the bill, Speaker Changes: You have the floor, Speaker Changes: I want to ?? those who worked on this ,in this favor and business models is part of the North Carolina legal system as business owner i have never wanna case in this quote, Speaker Changes: Further discussion or debate senator ?? you may have to turn your microphone of, Speaker Changes: Mr.President, Speaker Changes: Further discussion or debate, Speaker Changes: Simply commenting on the bill ?? i want to thank ?? for bringing this bill forward ?? quite considerable in detail.I tend to support the bill ?? and basically to read the lot more in this cases ?? involving case to judge these constitutional ?? i do have some concern in looking for balance in what concern it is in some of the ?? and promoting some of the business in this state i m gonna let that override my concerns and see what happens when it gets to the house, Speaker Changes: further discussion or debate ,hearing on questions before the senates the passage of second reading on senate bill 853 All in favor vote aye. All opposed vote no. Five seconds will be allowed.The clerk will open the vote.45 have voted in the affirmative and none in the negative.Senate bill 853 has passed it's second reading and will without objection Speaker Changes:Mr president Speaker Changes:senator ?? on what purpose you are Speaker Changes:object the ?? reading Speaker Changes:objection being noted and will remain on the calender Speaker Changes:senator ?? are you ready with your ?? could you tell us what you want,house bill 292 ?? Speaker Changes:house Bil 292 ?? and loses crowd chit funds Speaker Changes:members this bill will heard yesterday on seconds reading senator ?? do you have anything else to add on third reading Speaker Changes:yes sir Mr president i have a ?? Speaker Changes:you have the floor send forward your memo ?? Speaker Changes:?? Speaker Changes:senator tucker is recognized Speaker Changes:to speak ?? memo sir Speaker Changes: you are recognized Speaker Changes:this memo is just revision of this act or ?? invalid or invalidate does Speaker Changes:the affect the other provision of the applications,?? as my friend from county says simply technical i it's substance,Thanks sir Speaker Changes:further discussion and debate on ?? 2,Hearing on the question on debate of the passage of ?? house bill 292.All in favor vote aye. All opposed vote no. The clerk will open the vote. The clerk will let the machine record the vote.42 have voted in the affirmative and 3 in the negative.?? passes and the bill is back before you.Further discussion or debate,senator ?? for what purpose you are Speaker Changes:to send forward a ?? Speaker Changes: send for ward your ?? Speaker Changes: Senator Bryan moves to ??, Speaker Changes: Senator Bryan recognized,, Speaker Changes: Mr president and members on the purpose of this ?? is to make sure that the addition of the Nash county in the same provisions as is the provisions for union county which is not withstanding the staff acting say 115c the local board cannot afford legal actions challenging the sufficiency of funds appropriated by the board of commission members are to the local current expense fund and the capital outlaid fund.

Drafting strategy that was used for the amendment, instead it applies the bill to Union County, the first three sections, and then as it respects to Nash and Gaston, and I'm trying to get that pulled up now. And then as it applies to Nash and Gaston, it repeals all of 115C-431, which includes broader provisions than just the filing any legal action, and then applies it to Gaston and Nash and expires it in 1617. This is an involving issue. I still am trying to discover all of what the implications are of this specific drafting convention versus what the County Commissioners requested, which was to be in the same position as Union County. Now, note in Union County it was an agreement in the county of where they have provisions for the funding of the schools in the bill that prevents them from filing any lawsuits. In the case of Nash and Gaston, I don't know the story in Gaston, but in Nash the budget is not passed, the board just filed for mediation, they look like they have an agreement, a three year agreement in the works. This is preempting any legal rights or leverage that the school boards have and it has a broader implication than what is the case for Union County, and we need more time to look at the implication of this, and it's not agreed upon by a whole delegation, and we're stepping in the middle of a dispute between the, and not even really a dispute, the leveraging that's happening between the School Board and the County Commissioners, which is the wisdom in the provisions of 115C. And so for that reason, I'm asking that we change, we amend the bill to make it apply to Gaston and Nash in the same manner that it applies to Union. That's all this amendment does. It does not give them any more rights to file a lawsuit, it just makes sure that we aren't doing some nefarious things that we don't know all of what they are right now by repealing that statute versus doing what the County Commissioners asked and what the statute on its face does. Thank you. [SPEAKER CHANGES] Further discussion or debate on Amendment 3. Senator Newton, for what purpose do you rise? [SPEAKER CHANGES] Thank you. To speak to the amendment. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Thank you Mr. President, colleagues. As you might expect, there's a whole lot more going on in Nash County Rocky Mount School System than we really can get into here on the floor. I want to assure you that the County Commissioners passed a resolution asking me to move legislation to have the effect that the amendment that I offered yesterday and that we voted for would do, and that is to basically give a period of time to block any litigation so that they can work out these differences. It's a unique system. Many of the members of the School Board are not from Nash County, they're from Edgecombe County. As you can imagine, that creates an interesting dynamic when they disagree about these things, so I would ask you to defeat the amendment. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Members, before I recognize anyone I want to add a clarification to the rule of 14A, the discussion I had before. I think I spoke with Senator Blue about this. With reference to the rule itself, I think the appropriate interpretation would be that on an amendment the senator offering the amendment has the opportunity to explain the amendment. Once the amendment's been explained, the senator can then speak one time on the amendment, and I just wanted to make that clear before I start, because I see Senator Bryant has asked to be recognized, so at this point, I'll recognize Senator Bryant. For what purpose do you rise? [SPEAKER CHANGES] To ask Senator Newton a question. [SPEAKER CHANGES] Senator Newton do you yield? [SPEAKER CHANGES] Yes, Mr. President. [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] Senator Newton, would you tell us what does the language in your amendment do for Nash and Edgecombe Counties beyond what the language, the notwithstanding language does. In the, for Union County. What additional limitations are you putting on the School Board

Would, if any, bend that language. [SPEAKER CHANGES] Senator Bryant, my amendment did not affect Edgecombe County, first of all. [SPEAKER CHANGES] Pardon me, I mean Nash and Gaston. [SPEAKER CHANGES] I understand. I want the members to be clear about that because this unique situation here in Rocky Mount Nash School System is that some of the students that reside in the city of Rocky Mount are Edgecombe County residents, and it's a unique funding situation there which is part of the reason, as I alluded to before, why we brought this forward in the first place. A number of the school board members, I'm not sure, I think it may be a majority of the school board members are not even Nash County residents, and so the potential litigation may be between a school board of Edgecombe County residents versus the Nash County County Commission, and so obviously the incentives financially to work together are not quite the same as if everybody's from the same county. So the intent of my amendment, to answer your question, was to simply block the potential of litigation for a period of time as well as disputes about purchasing school property or anything that may be forthcoming over the next several years. [SPEAKER CHANGES] Follow up, Mr. President. [SPEAKER CHANGES] Senator Newton, do you yield? [SPEAKER CHANGES] I will yield for one more question. [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] Thank you. Would you clarify what additional areas does the, do you cover in your amendment by repealing the statute that is different from what would be covered by the language not withstanding the statute preventing them from suing. What additional things are you limiting them about in your amendment beyond the filing, actually filing a lawsuit? [SPEAKER CHANGES] The location of new schools. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] Further discussion or debate. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Harrington, for what purpose do you rise? [SPEAKER CHANGES] Thank you, Mr. President. Gaston County. [SPEAKER CHANGES] Speak for the amendment? [SPEAKER CHANGES] Yes, sir, speak to the amendment. The Gaston County Commissioners requested that I add this amendment, yesterday and I would respectfully request that you vote against the amendment. [SPEAKER CHANGES] Further discussion or debate on Amendment 3? Hearing none, the question before the Senate is the passage of Amendment 3 to the Senate Committee Substitute to House Bill 292. All in favor of the amendment will vote aye, all opposed will vote no. Five seconds will be allowed for the voting. The clerk will record the vote. Senator Davis, aye. 15 having voted in the affirmative and 30 in the negative, Amendment 3 fails and the bill is back before you. Is there further discussion or debate on House Bill 292? [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Bryant, for what purpose do you rise? [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Members of the Senate, Mr. President, I just want to be clear about my major concerns about this bill. While it appears that the situation in Union County is unique to Union County, and they've worked out a solution in their local bill which is appropriate for them and which I think we all support. what is dangerous is the piling on of other counties onto this bill without any process for a local bill on their specific county to be heard to and responded to by the folks in that county, for research to be done about what the implications are in those counties and for us to, the local delegations and the local communities to know about it before this is done. Instead of saving money by keeping people from bringing these lawsuits, we are increasing the likelihood of litigation where we are trampling on, potentially, people's constitutional rights to a sound public education, intervening in these local disputes that we don't know all the ins and outs of when the delegations are in dispute. I think we're setting up a bad precedent, number one, and number two, setting up more problems than we would solve by using the process in 115C, which is not perfect and may need some adjustments in and of its own, but it does work, to balance the rights of the citizens in local communities to a sound public education to the County Commissioner's role to fund that along with what the state obligations are. All the complicated process, but that statute has worked so far to attend to that balance, and here we are, in a heavy handed way, intervening to disrupt that balance, and really setting up more expensive options that school boards and communities will have to go through to get the funding issues resolved. So

That reason I would normally support the Union County arrangement. I think that they've done a good thing there, but for those reasons I cannot support this bill. [SPEAKER CHANGES] Further discussion or debate? Hearing none, the question. [SPEAKER CHANGES] Mr. Chairman. Senator Curtis, what purpose do you rise? [SPEAKER CHANGES] Mr. President, I'd like to speak in favor of this bill. It seems that the people. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Thank you. The School Board and County Commissioners in Gaston County are starting down the road that Union County went down, and we would like to give them a chance to get their differences resolved in a much cheaper way than Union County did. Thank you. [SPEAKER CHANGES] Further discussion or debate? Hearing none, the question before the Senate is the passage of the third reading of the Senate Committee Substitute to House Bill 292. All in favor will vote aye, all opposed will vote no. Five seconds will be allowed for the voting. The clerk will record the vote. 30 having voted in the affirmative and 15 in the negative, House Bill 292 is passed its third reading. The amendments will be engrossed and the bill will be sent to the House on the issue of concurrence on the Senate Committee Substitute. Members, I believe the only bill that's left on the calendar is House Bill 698, are we ready to go on that one? Senator Bryant you had an amendment. Are we ready? House Bill 698, the clerk will read. [SPEAKER CHANGES] House Bill 698, Background Checks for Firefighters. [SPEAKER CHANGES] Members we heard this bill yesterday. Senator Meredith, do you have anything? Senator Bryant. I'm sorry, Senator Meredith, you were ??. [SPEAKER CHANGES] I would just ask for the support and I think Senator Meredith had an objection to third reading, has an amendment. Thank you. [SPEAKER CHANGES] Senator Bryant. [SPEAKER CHANGES] Yes, this is an amendment. [SPEAKER CHANGES] Send forward your amendment, the clerk will read. [SPEAKER CHANGES] Senator Bryant moves to amend the bill. [SPEAKER CHANGES] Senator Bryant has the floor. [SPEAKER CHANGES] Thank you Mr. President. This amendment just simply extends the effective date till January 1, 2015. We're talking about license checks for upwards of 50,000 people, and we need time to make sure there's a organized plan to make this happen in an efficient, effective way and there may also be an agency transition happening at the same time. Thank you. [SPEAKER CHANGES] Further discussion or debate on Amendment 2. Senator Meredith, you have the floor. [SPEAKER CHANGES] Thank you, Mr. President. To speak on the amendment. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] I did get with Senator Bryant and the departments that this affects. I'm fine with that and I would ask for everyone's support. Thank you. [SPEAKER CHANGES] Further discussion or debate on Amendment 2? Hearing none, the question before the Senate is the passage of Amendment 2 to House Bill 698. All in favor will vote aye, all opposed will vote no. Five seconds will be allowed for the voting. The clerk will record the vote. 45 having voted in the affirmative and none in the negative. Amendment 2 passes and House Bill 698 is back before you on third reading. Further discussion or debate? Hearing none, the question before the Senate is the passage on third reading of Senate Committee Substitute as Amended to House Bill 698. All in favor will vote aye, all opposed will vote no. Five seconds will be allowed for the voting. The clerk will record the vote. Senator Graham, aye. 45 having voted in the affirmative and none in the negative, House Bill 698 has passed its third reading. The amendments will be engrossed and the bill will be sent to the House on the issue of concurrence in the Senate Committee Substitute. [SPEAKER CHANGES] Mr President. [SPEAKER CHANGES] Senator Davis, for what purpose do you rise? [SPEAKER CHANGES] On House Bill 1069 I voted aye and I would like to be recorded as voting no. [SPEAKER CHANGES] House Bill 1069. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Just one moment, let's get the vote total on 1069. House Bill 1069, the vote is 40 in favor, 4 in the negative. It passes. Senator Bryant, for what purpose do you rise? [SPEAKER CHANGES] To make the same request as Senator Davis. To be recorded as voting no on 1069. [SPEAKER CHANGES] By my math that would make it 39 to 5. Still passes. Senator Newton, for what purpose do you rise? [SPEAKER CHANGES] To make a motion. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Mr. President, I'd like to request that House Bill 292 be sent to the house by special messenger. [SPEAKER CHANGES] Without objection.

Members, today's our last day this week and we want to thank our pages for visiting with us and helping us as we've done our work this week. Pages, serving as a page in North Carolina Senate is a long tradition here and many pages have found that it is one of the initial steps to actually sitting in one of these seats. Of course it may also be the beginning step to deciding you never want to sit in one of these seats. So we do appreciate your service this week, and wish you all well in your furthering of your education. Thank you very much. Notices and announcements. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Brock. [SPEAKER CHANGES] Make an announcement. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Thank you. Members of the Senate, this Saturday is Flag Day, which is also, even though this Fall and September is the 200th anniversary of The Star Spangled Banner, which was written by Francis Scott Key. The Smithsonian is trying to set a record of the largest national anthem, so at 4:00 this Saturday, Senator Apodaca, sing the national anthem including all four stanzas. So, hope everybody have a good weekend. [SPEAKER CHANGES] I've heard him sing, so. Further notices or announcements. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Apodaca. ?? [SPEAKER CHANGES] Announcement. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Members, we have sent to everyone directions to Pinehurst for the funeral of Senator Blake, so if you'll check your inbox, ?? was kind enough to provide us some alternate routes to get down there due to the golf tournament. So please be safe. Have a good weekend. [SPEAKER CHANGES] Senator McKissick, for what purpose do you rise? [SPEAKER CHANGES] A moment of personal privilege. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Unfortunately I cannot attend Senator Harris Blake's funeral service today, but I do want to say that I thought he was a very honorable, distinguished member who really served this body in a very noble way. Somebody who you could reach out to, regardless of the fact you might have been a part of a different party and work with on bills during the course of his tenure here. I deeply admire him and respect him. I regret I cannot attend his funeral service, but I would certainly love to be able to do so and I'm sure many members will be able to do so, but since I'm unable to, I wanted to certainly acknowledge the contributions he's made to this chamber and the friendship which he provided to me. [SPEAKER CHANGES] Are there further notices and announcements? Is there further business to come before the Senate? If not, the Chair recognizes Senator Pate for a motion. [SPEAKER CHANGES] Thank you, Mr. President. I move that the Senate do now adjourn, subject to messages from the House and the Governor, the introduction, referral and rereferral of bills and resolutions, the receipt and the rereferral of committee reports and the ratification of bills, to reconvene on Monday, June 16, 2014 at 7:00 PM. [SPEAKER CHANGES] Senator Pate, would you mind if that be in memory of Senator Harris Blake. [SPEAKER CHANGES] That was my silent suggestion, sir, and certainly for just a moment Senator Blake sat in this seat over here at this desk for two years prior, 2011, 2012, and he was indeed a great man, a true gentleman as Senator McKissick said. Easygoing, but he was dedicated to his people in his district and to this State Senate. Thank you, Mr. President. [SPEAKER CHANGES] Members, the motion is that the Senate do adjourn in memory of Senator Harris Blake subject to the stipulations stated by Senator Pate, to reconvene on Monday July, I'm sorry, June 16, 2014 at 7:00PM, seconded by Senator Hartsell. All in favor say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All opposed no. The ayes have it. The Senate stands adjourned.