A searchable audio archive from the 2013-2016 legislative sessions of the North Carolina General Assembly.

searching for


Reliance on Information Posted The information presented on or through the website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. Please see our Terms of Use for more information.

Senate | June 16, 2014 | Chamber | Proceedings

Full MP3 Audio File

Senate will come to order. Sergeant of arms close the doors. Members go to their seats. Members and guests in the gallery please silence all electronic devices. Leading the Senate in prayer is the reverend Peter Milner. All members and guests in the gallery please stand. [SPEAKER CHANGES] Pray together. Lord we confess father that we in our hearts know that we need you and yet our swelled heads and our stubborn wills keep us trying to live without you we want to be famous, we want applause, I know for myself that I want to be noticed. Lord, when is it enough for you, the creator of all things, to notice us? To die for us. Forgive us for making so many mountains out of mole hills, exaggerating both our importance and even the problems that confront us, Lord you are God, you are with us, comforting us, you're our rock, our shield, our rampart, send us out into this night with the joyful knowledge if your protective love and presence with us right now. In Jesus name we pray. Amen. [SPEAKER CHANGES] Senator Berger is recognized for a motion. [SPEAKER CHANGES] Thank you Mr. President the motion of Thursday, June 12, 2014 has been examined and is found to be correct. I move that we dispense with the reading of the journal and it stand approved as written. [SPEAKER CHANGES] Objection. The journal for June 12th if stands approved as written soon as we have a leave of absence granted today for Senator Rabin. Soon as we do have a nurse of the day today or nurse of the day is Elizabeth Carver of Graham, NC. Nurse Carver, thank you for being with us. Thanks for your service to the senate today. Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Motions please. [SPEAKER CHANGES] Senator Apodaca is approved for motion. [SPEAKER CHANGES] Thank you. Senate bill 876 Bevard Mills tax has to be removed from today's calender. Place on Wednesday's calendar, the 18th. [SPEAKER CHANGES] Senator, was that eight seven six? [SPEAKER CHANGES] Yes sir, it was. [SPEAKER CHANGES] Without objection so ordered. [SPEAKER CHANGES] Thank you Mr. President. Senate bill 836 now, that's ok I think, never mind. House bill 1025, remove from tonight's calendar, re-calendar for tomorrow. No, excuse me, re-calendar for Tuesday the 24th. That's DOT/DMV changes. [SPEAKER CHANGES] One second senator, let me find that one here. What was the number again? [SPEAKER CHANGES] House bill 1025. One O two five. [SPEAKER CHANGES] Wouthout objection so ordered. [SPEAKER CHANGES] Thank you, Mr. President. House bill 348 safety technology tonight's calendar has to be removed and re-calendared for Tuesday June 24th. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] Thank you Mr. President. House bill 618 amend firearm registration law. Remove from tonight's calendar. Let's send it back to judiciary two. [SPEAKER CHANGES] Objection so ordered. [SPEAKER CHANGES] OK, I think that'll do it for the moment. [SPEAKER CHANGES] Messages from the house, Soucek will read. [SPEAKER CHANGES] Messages from the house. Senate bill 355, Enact and make technical changes in classification and act established a moratorium of filing of action by certain local boards of education to challenge the sufficiency of local funds. Appropriate to the public school by the board of county commissioner. Receive for concurrence house may substitute number two. Senate bill 463. An act amend law providing for minimum standard for jail dormitories to allow counties to house 64 inmates per dormitory so long as certain minimum standards are met. Receive for concurrence house committee substitute number two. Senate bill 574. An act clarifying that certain civil actions related to ground water contamination are not subject to the ten year limit of reporting set forth in GS 1-52. Receive for concurrence house committee substitute.

Senate Bill 744, an act to make base budget appropriation for current operations to the state department, institutions and agencies and for other purposes. Received for concurrence, House Committee Substitute number 2. [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Thank you, Mr. President. Motion, please. [SPEAKER CHANGES] Senator Apodaca has the floor for a motion. [SPEAKER CHANGES] Mr. President, Clerk just read in Senate Bill 355 for concurrence. He also read in the budget bill, Senate Bill 744, Appropriations Act of 2014. I move rules be suspended and that they both be brought before us at the end of tonight’s calendar for concurrence. [SPEAKER CHANGES] Without objection so ordered. Senators, upon the motion of Senator Parmon of Forsyth County, the Chair is happy to extend courtesies of the gallery to Jamice Bowen, member of the Housing Authority of Winston-Salem. Jamice, if you’re with us, please stand and be recognized. Thank you for being with us. Senators, we’re going to move right into the calendar, starting with local bills. Third reading roll call bill. Senator Apodaca, I think your microphone is on. You will… [SPEAKER CHANGES] I’m thinking about making another motion. [SPEAKER CHANGES] You’re going to keep talking? There you go. Got it. Thank you. Third reading role call bill, Senate Bill 767. The Clerk will read. [SPEAKER CHANGES] Senate Bill 767, Rockingham ??. [SPEAKER CHANGES] Do we have any discussion or debate? Hearing none, the question before the Senate is the passage of Senate Bill 767 on its third reading. All in favor vote aye. Opposed will vote no. Five seconds will be allowed for the voting. Clerk will record the vote. 49 having voted in the affirmative and 0 in the negative, Senate Bill 767 passes its third reading and it will be sent to the House. Senate Bill 871. The Clerk will read. [SPEAKER CHANGES] Senate Bill 871, Raleigh-Durham ?? and annexation. [SPEAKER CHANGES] Any discussion or debate? Hearing none, the question before the Senate is the passage of the Committee Substitute to Senate Bill 871 on its third reading. All in favor vote aye. Opposed will vote no. Five seconds will be allowed for the voting. Clerk will record the vote. Blue. Blue, aye. Graham. Graham. Tillman, aye. Graham, aye. 49 having voted in the affirmative and 0 in the negative, Committee Substitute to the Senate Bill 871 passes its third reading. It will be sent to the House. Senate Bill 874. The Clerk will read. [SPEAKER CHANGES] Senate Bill 874, Spruce Pine ??. [SPEAKER CHANGES] Is there any discussion or debate? Hearing none, the question before the Senate is the passage of Senate Bill 874 on its third reading. All in favor will vote aye. Opposed will vote no. Five seconds will be allowed for the voting. Clerk will record the vote. 49 having voted in the affirmative and 0 in the negative, Senate Bill 874 passes its third reading. It will be sent to the House. Moving on to local bills. Second reading, roll call bill, House Bill 569. Clerk will read. [SPEAKER CHANGES] House Bill 569, Foxfire Satellite annexation. [SPEAKER CHANGES] Senator Tillman is recognized to explain the bill. [SPEAKER CHANGES] This is a voluntary annexation of the Foxfire Village community into the Foxfire golf and fire district. There’s a project waiting to go as we speak. Good bill. I ask for your support. [SPEAKER CHANGES] Is there any discussion or debate? Hearing none, the question before the Senate is the passage of the Senate Committee Substitute to House Bill 569 on its second reading. All in favor will vote aye. Opposed will vote no. Five seconds will be allowed for the voting. Clerk will record the vote. 49 having voted in the affirmative and 0 in the negative, Senate Committee Substitute to house Bill 569 passes its second reading. It will remain on the calendar. Moving on to public bills, third reading, calendar, House Bill 1069. Clerk will read. [SPEAKER CHANGES] House Bill 1069, Unemployment Insurance Law Change…

Yes. [SPEAKER CHANGES] Any discussion or debate? Hearing none, the question before the senate is the passage of the Senate Committee Substitute to House Bill 1069 on its third reading. All in favor will vote Aye. All oppose will vote No. 5 seconds will be allowed for the voting. The clerk will record the vote. Walter’s Aye. 44 having voted in the affirmative and 5 in the negative, the Senate Committee Substitute to House Bill 1069 passes and it will sent to the House for concurrence in the Senate Committee Substitute. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Rucho, for what purpose do you rise? [SPEAKER CHANGES] To make a motion, please. [SPEAKER CHANGES] Senator Rucho has the floor for a motion. [SPEAKER CHANGES] That bill that we just passed, be sent over by special messenger. [SPEAKER CHANGES] Without objection so order. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Bryant, for what purpose do you rise? [SPEAKER CHANGES] To ask that my vote on H1069 be changed from Aye to No. [SPEAKER CHANGES] Bryant changes from Aye to No. The final vote count is 43 to 6. Public Bill second reading, Senate Bill 793. The clerk will read. [SPEAKER CHANGES] Senate Bill 793 Charter School Modifications. [SPEAKER CHANGES] Senator Tillman is recognized. [SPEAKER CHANGES] Thank You, Mr. President. This bill makes the Charter School Advisory Board to review the application process and foremost the speeding up of the process. It allows for fast tracking of certain applications and it changes the date for the final deadline of the application process and it opens the charter schools, it makes them comply with the open meetings law requirements as well as the full disclosure of ?? and so forth and to clarify some of this, Mr. President, I have an amendment to send forth, I believe you’d have a copy of the amendment. [SPEAKER CHANGES] The clerk will read. [SPEAKER CHANGES] Senator Tillman moves to amend the bill. [SPEAKER CHANGES] Senator Tillman is recognized to explain the amendment. [SPEAKER CHANGES] The amendment, you may have it on your dashboards – hoping you do. Page 1 which is the title, lines 2 through 9 and rewrites the title because of additional provisions that we’ve added to the bill. Page 1 lines 20 through 21 requires state board of education to make a decision on the approval or the denial of a charter application by August 15th rather than January 15th. Makes clear the state board of education can make the final approval contended upon the successful completion of a planning period before enrolling students. Page 1 lines 30 and 31 clarifies state board of education ?? a charter renewal for less than 10 years if the charters bill is not in compliance with state and federal laws, its own bylaws or in its charter agreement with the state board of education. Page 2 lines 16 and 17 allows priority enrolment for the children of members of board of directors of charter schools beyond the initial year of operation and page 2 lines 23 and 24 requires a local school administrative unit to provide and additional information requested by charter school from the ?? that allows a charter school to audit and verify the calculation and transfer of the per pupil share of the local current expense fund and requires that any payment resulting from a judgment from ?? and the Charter School be paid in full within one year from the entry of the judgment rather than the current 3 years. Page 2 line 29 is a technical change only. Page 2 line 29 requires the state board of education to consider entities that have operated another charter school in the State for three years rather than 5 years when established in the criteria for the competitive bid process to take over a failing charters bill. Page 2 line 30 is a technical change only. Page 2 line 32 is another technical change. Page 2 lines 37 and 38 directs the state board of education to adopt a process and rules for a fast track replication process of high quality charter schools in the state and state board of education would adopt the rules and procedures for this by December 15th 2014 and report to Ed Oversight by February 15th 2015.

and, finally page 2, lines forty and forty-one, amends the effective date section to ensure that the section of the bill that changes how long a losing party has to pay a judgment only applies to lawsuits filed on or after the date of the enactment of the bill. I'll be glad to take questions. Mr President. [SPEAKER CHANGES] Senator Stein, for [xx] [SPEAKER CHANGES] to see if Senator Tillman will yield to your question. [SPEAKER CHANGES] Senator Tillman do you yield? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] Thank you Mr. President. Mr. Tillman, does the state board have an opinion on either of the process for fast track or the acceleration of the date by when they have to render a decision? [SPEAKER CHANGES] I've worked with the state board throughout this process and they've not objected to any of that language. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] Is there any further discussion or debate? Senator McKissick, [xx] [SPEAKER CHANGES] [xx] Senator Tillman will yield for a question. [SPEAKER CHANGES] Senator Tillman, do you yield? [SPEAKER CHANGES] Yes, yes sir. [SPEAKER CHANGES] Senator Tillman, how does this reapplication process work today, 'cause this establishes one hundred and twenty days for the process to move forward take place for I guess analysis by the state board of education to do whatever review it needs to conduct and then make a decision. How long do they currently have to go through that process? [SPEAKER CHANGES] The process now can take 6 months or more. [SPEAKER CHANGES] Follow-up if I could. [SPEAKER CHANGES] Senator Tillman, do you yield for follow-up? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] And I guess it goes back to one of the things Senator Stein asked: is the state board prepared, I mean are the comfortable with, reducing it from one hundred and eighty days all the way down to one hundred and twenty days, and is that one hundred and eighty days, the 6 months, is that statutorily established, or through rules, procedures? How is that done? [SPEAKER CHANGES] Mr. President, it's hard to hear Senator McKissick, but the state board has not objected to the shortened time period. I have not had an objection to this at all. I wouldn't be surprised if I heard one tomorrow, but so far they're good. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] Any further discussion or debate? [SPEAKER CHANGES] Mr. President, I have one question. [SPEAKER CHANGES] Senator Tillman, do you yield? [SPEAKER CHANGES] I yield. [SPEAKER CHANGES] Senator Tillman, there is a section in here, I was just trying to follow it, where we added in that the school unit would have to provide any additional information requested by a charter school in order for the charter school to audit and verify the calculation and transfer of the per pupil share after they went through 3 [xx] they have to share the total amount of money they have in each of their funds. The student membership numbers used for the calculation, how the per pupil share was calculated. Can you give me a sense of what additional information they might mean? I'm just worried that we're opening some kind of fishing expedition. Maybe not, but... [SPEAKER CHANGES] Let me...Mr. President, what we have found is that most of the LEAs are very compliant and give the information fully. Others are a little less forthcoming and do not provide the information and the data so there's some distrust among some of the units from the charters. This simply lets the charter ask for more information to clarify the numbers to make sure they're getting their fair share. That's all that is. [SPEAKER CHANGES] Follow-up, Mr. President? [SPEAKER CHANGES] Senator Tillman, do you yield for follow-up? [SPEAKER CHANGES] I yield. [SPEAKER CHANGES] Senator Tillman, I don't remember the rest of the bill, or this section. Is there, who would be the arbiter if there's some dispute between what they're asking for and what the LEA is giving? Is there anyone who would oversee this, or decide this, or is it just sort of... [SPEAKER CHANGES] Mr. President, the legislation says that they will have an opportunity to sit down over a fifteen day period and hash out their differences. If that fails, then a lawsuit can, in some cases, have been filed to mitigate and mediate this conflict. You got some pretty strict language in there about loser pays, though, so I think that will tamp down the lawsuits, and in ninety-nine percent of the cases get agreement on the dollars that are due. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, the question for the Senate is the passage of amendment 1, all in favor vote aye, opposed will vote no. Five seconds to be allowed for the voting, the clerk will record the vote. [SPEAKER CHANGES] Bryant, aye. [SPEAKER CHANGES] Forty-nine, having voted the affirmative and zero the negative, amendment is adopted, the bill as amended.

Is back before the body. Is there any further discussion or debate? Hearing none, the question for the Senate is the passage of committee substitute to Senate bill 793 as amended on its second reading. All in favor vote aye. Oppose, will vote no. 5 seconds will be allowed for the voting. The clerk will record the vote. 49 having voted in the affirmative and 0 on the negative, Committee substitute to Senate bill 793 as amended passes its second reading without objective. Will be read a third time. [SPEAKER CHANGES] Objection, Mr. President. [SPEAKER CHANGES] Senator Blue objects, it will remain on the calendar. Senate bill 815, the clerk will read. [SPEAKER CHANGES] Senate bill 815, ensuring privacy on student records. [SPEAKER CHANGES] Senate Barefoot is recognized to explain the bill. [SPEAKER CHANGES] Thank you Mr. President. We can all agree that as we move forward with implementing new technologies in the classroom that ensuring privacy of our student records has got to be a top concern. So what we have here before us is a bill that does just that. It would require the state board of education to make publicly available information regarding the student data system otherwise known as power school, create rules and plans to ensure privacy and security of individual student data in the student data system and restrict the collection of certain data in the student data system. The proposed legislation would also require local boards of education to provide notice on ?? rights and ?? opportunities, recording students records and participation in certain surveys. I know opposition to the bill pass unanimously through our Senate education and J1 committee and I ask you to support the bill. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, the question for the Senate is the passage of committee substitute to Senate bill 815 on its second reading. All in favor vote aye. Oppose, will vote no. 5 seconds will be allowed for the voting. The clerk will record the vote. Blue, Aye. Hartsell, Aye. 49 having voted in the affirmative and 0 in the negative, Committee substitute to Senate bill 815 passes its second reading without objection. Will be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Any discussion or debate? Hearing none, the question for the Senate is the passage of committee substitute to Senate bill 815 on its third reading. All in favor say Aye. All oppose no. The ayes have it, Committee substitute to Senate bill 815 passes its third reading. It will be sent to the house. [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Mr. President, couple of motions. [SPEAKER CHANGES] Senator Apodaca has the floor for motions. [SPEAKER CHANGES] Mr. President, Senate bill 793 on second reading amendment 1 was presented I move that the amendment 1 be engrossed between second reading and third reading. [SPEAKER CHANGES] The objections are ordered. [SPEAKER CHANGES] Thank you Mr. President. Senate bill 836 moving to ?? Cal and refer to a committee on appropriations/base budget. [SPEAKER CHANGES] 836, Senator? [SPEAKER CHANGES] Yes Sir. [SPEAKER CHANGES] Thank you, the objections are ordered. [SPEAKER CHANGES] House bill 348, public safety technology has been removed from tonight's calendar and re-referred committee on transportation. [SPEAKER CHANGES] Senator, I am sorry I am having a little hard time finding things here. [SPEAKER CHANGES] It’s a little noisy. House bill 348, public safety technology. Have we moved it? [SPEAKER CHANGES] Senator, you want to take it from June 24’s calendar and? [SPEAKER CHANGES] Yeah, let’s skip it back to transportation. [SPEAKER CHANGES] To transportation, without objections so ordered. Thank you. [SPEAKER CHANGES] Do you have any further motion senator? Senators, we are still on public bills second reading house bill 1060. The clerk will read. [SPEAKER CHANGES] House bill 1060, Military student identifier. [SPEAKER CHANGES] Senator Brown is recognized. [SPEAKER CHANGES] Thank you, Mr. President. This bill was recommended by the joint legislative education oversight committee and just requires state of board of education to develop an annual identification process for ?? to identify military connected students. Should help to draw down more federal dollars for those counties that have a lot of military students. I ask for your support. [SPEAKER CHANGES] Is there any discussion or debate? Hearing none, the question for the Senate is the passage of House Bill 1060 on its second reading. All in favor will vote Aye. Oppose will vote no. 5 seconds will be allowed for voting. The clerk will record the vote. 49 having voted in the affirmative and 0 in the negative.

House Bill 1060 passes it's second reading without objection, will be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Any discussion or debate? Hearing none the question before the Senate is the passage of House Bill 1060 on it's third reading. All in favor will say aye. Opposed no. The aye's have it. House Bill 1060 passes it's third reading. It will be enrolled and sent to the Governor. House Joint Resolution 1074, the clerk will read. [SPEAKER CHANGES] House Joint Resolution 1074, Confirm Linda Combs as State Controller. [SPEAKER CHANGES] Senator Meredith, would you like to be recognized? Would anybody like to be recognized? [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Brock, for what purpose do you rise? [SPEAKER CHANGES] Speak to the resolution. [SPEAKER CHANGES] Senator Brock has the floor to speak to the resolution. [SPEAKER CHANGES] I think most of you have read the resume with Linda Combs who was the former controller for United States. Her reputation, her resume, is impeccable. She does a lot for the state of North Carolina in numerous civic activities. She's one of our gems in the state and we are lucky to have her to call on her services again to be our controller for our great state. I urge your support of the resolution. [SPEAKER CHANGES] Senator Brock urges you to support of the resolution. Is there any further discussion or debate? Hearing none the question before the Senate is the passage of House Joint Resolution 1074 on it's second reading. All in favor vote aye. Opposed will vote no. Five seconds will be allowed for the voting. The clerk will record the vote. McKissick, aye, 49 having voted in the affirmative and zero in the negative House Joint Resolution 1074 passes it's second reading without objection will be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Any further discussion or debate? Hearing none the question before the Senate is the passage of House Joint Resolution 1074 on it's third reading. All in favor will say aye. Opposed no. The aye's have it. House Joint Resolution 1074 passes it's third reading and it will be enrolled. House Joint Resolution 1112, the clerk will read. [SPEAKER CHANGES] House Joint Resolution 1112, Confirm Charlton L. Allen to Industrial Commission. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Rucho is recognized to talk to the resolution. [SPEAKER CHANGES] Yes sir, thank you, and members of the Senate. I stand to send forward Charlton Allen position to the Industrial Commission. There was a vigorous debate during the commerce meeting. A lot of good questions. It seemed as Mr. Allen is mroe than competent to take on this job and provide balance in the approaching Industrial Commission and I would urge that the members of the committee support HJR 1112. [SPEAKER CHANGES] Senator Rucho urges your support. Is there any further discussion or debate? [SPEAKER CHANGES] Senator Curtis, for what purpose do you rise? [SPEAKER CHANGES] Mr. President, Mr. Allen lives in my district and I'd like to encourage you to appoint him to the Industrial Commission. Although we're not personal friends I've known Charlton Allen for many years and know him to be a reasonable and fair person who will serve the citizens of North Carolina with integrity. In his practice as an attorney he is known for being fair, reasonable, and just and I'm confident he'll serve the state of North Carolina well on the Industrial Commission. So I recommend that you confirm Mr. Allen without any hesitation. [SPEAKER CHANGES] Is there any further discussion or debate? Senator Stein, for what purpose do you rise? [SPEAKER CHANGES] To debate the resolution. [SPEAKER CHANGES] Senator Stein has the floor to debate the resolution. [SPEAKER CHANGES] Thank you, Mr. President. Members of the Senate, some of you may know but others may not, that the Industrial Commission is a quasi-judicial body that's established to adjudicate disputes between employers and employees when somebody gets injured on the job. Was it a workplace injury or not? And they are essentially judges. They take testimony, they evaluate evidence. They have authority to issue civil or criminal contempt in certain instances and the way the structure is done is there are six of these folks. Three are representatives of employers and three are representatives of employees and in the hearing we had the other day Mr. Allen, he said, "yes I do not believe that the minimum wage should exist." He said that the minimum wage is an unfair intrusion in the labor market. Folks can have different opinions on whether the minimum wage should exist or not. He clearly believes there shouldn't be one. I believe that such a person is not suitable to be a representative of employees and for that reason will be voting against Mr. Allen tonight. [SPEAKER CHANGES] Is there any further discussion or debate? [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator McKissick, for what purpose do you rise? [SPEAKER CHANGES] Speak on the resolution. [SPEAKER CHANGES] Senator McKissick has the floor to speak to the resolution.

resolution. [SPEAKER CHANGES] I also share a very deep concern about this particular candidate and it comes from a variety of sources. If you think about him serving the interest of employees but he's articulated, during the time he ran for public office on other occasions, even recent occasions, that he does not support the minimum wage. I think that's a very significant reason of itself. If you look back to other conduct that he has allegedly engaged in, conduct that could be interpreted by many as being anti-semitic, potentially insensitive to issues related to race as well as other areas that we would like to see him address. He's really failed to do so. I know during our committee meetings I specifically wanted to keep a very open mind about this candidate. I wanted to give him an opportunity to clear the record, to clear the air and ask him if there was anything that had been alleged about him that he wanted to repudiate, that he wanted to create some distance when it came to things that have been alleged about his conduct and he failed to do so. That gives me deep, deep concern. There have been many people, like George Wallace, former Governor of Alabama, like Senator Strom Thurmond down in South Carolina who held views and perspectives in bygone era which they understood were things that were perhaps mistaken judgments which they later repudiated which won them widespread acceptance and acclaim when they subsequently ran for office. When you make mistakes, when you engage in conduct that is questionable it's important for a candidate, when they're considering being appointed this type of significant quasi-judicial position, to clear the air. If they want to clear their name, clear their name. If they want to create distance, create distance. If they want to repudiate bad acts of conduct in the past, many people when they're young adults make mistakes. But I think it's important that they come clean, clear the air. Clear that sea of ambiguity and let people understand what their true intentions were, if they're explainable, and if not just simply say I made a mistake. I wouldn't do it today and I hope that if I'm allowed to serve in this position that my reputation and my name will be evaluated based upon decisions I make from this point going forward. Please don't think that I am that person that I once was. This candidate did not accept the opportunity to do so and for that reason I cannot support this resolution. [SPEAKER CHANGES] Mr. President. Mr. President. [SPEAKER CHANGES] Senator Tillman, for what purpose do you rise? [SPEAKER CHANGES] Speak on the resolution. [SPEAKER CHANGES] Senator Tillman has the floor to speak to the resolution. [SPEAKER CHANGES] I wasn't sure, Senator McKissick, what I was hearing there and I had to listen carefully. I suppose that minorities are the only ones on the minimum wage and to refer to this gentleman here as a, there may be racial undertones regarding his views on minimum wage. I heard that. Referring in the same speech to Strom Thurmond, a great American, and to George Wallace, who you, I guess you would. To bring these two up in this conversation, I'm a little bit appalled, Senator. But many economists that I know believe that the marketplace will determine minimum wage and that's what many of us believe. And then it will fall where it may fall and whether you're a proponent of minimum wage and raising it to 10 or 15 dollars an hour it's not fair to look at this highly qualified individual in the terms that I just heard him described. I'm a little disappointed. I urge you to vote for this resolution. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Brock, for what purpose do you rise? [SPEAKER CHANGES] Speak to the resolution. [SPEAKER CHANGES] Senator Brock has the floor to speak to the resolution. [SPEAKER CHANGES] Senator McKissick speaks of a publication. I would say consider the source. If you look at this free newspaper and what type of advertisements they take, they do have one advertisement that I think is original, it's for a witch doctor where it says, "psychics predict voodoo gets results." Now you think about that's what type of publication that's printing this information. I think it's despicable but I'll tell you a little bit about Mr. Alan. I've known him for about two decades and there's no one more honorable, who's better for this job, to represent the people on the Industrial Commission. We've looked at people who have been appointed to the commission

when the democrats controlled some people questioned there political ideology. Not to the right, to the left, but through the far left. Way to the left. I urge you to support the resolution. Let's get on with it. [SPEAKER CHANGES] Senator Tucker, for what purpose do you rise? [SPEAKER CHANGES] Just to speak to the resolution. [SPEAKER CHANGES] Senator Tucker has the floor to speak to the resolution. [SPEAKER CHANGES] I've known Mr. Allen a short while. He was roommate of my LA at Carolina. A couple of facts that my friend did not mention, Senator McKissick, was the fact that chair of the committee would not allow him to respond about something that transpired in his college days. All I can say is thank God nobody asked me about my college days at NC State. And the second thing is to Senator Stein remembers the fact that most of his law practice in the last several years has been where he's represented employers. I mean, excuse me, employees against employers so he has the balance. Both qualified in the legal profession and in practicing law and certainly his character should not be questioned. I urge you to support the resolution please. [SPEAKER CHANGES] Is there any further discussion or debate? [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator McKissick, for what purpose do you rise? [SPEAKER CHANGES] Speak on the resolution. [SPEAKER CHANGES] Senator McKissick has the floor to speak a second time. [SPEAKER CHANGES] Just to clarify any statements I might have made. When I speak of minimum wage I speak of that for all workers. Not simply for minorities. So I want to make sure that's abundantly clear and when I offer an opportunity to a candidate in committee to clear the air, to clear the sea of ambiguity, to address concerns that have been raised and I do it in a non-judgmental way in an open-minded way, wanting to find within that candidate the quality of person that I think we need to serve in this type of quasi-judicial capacity and when we understand based upon news accounts and stories and true, not all news accounts and stories are always accurate, but when there's enough out there that's being said, references that are being made and there's no opportunity to provide any context for your conduct, when a person is silent, when a person does not address it then you have to begin to wonder if some of those accusations, some of those statements are not accurate. When you understand that the University of North Carolina and the Chancellor and that institution, that very fine institution distanced itself from the publications that this person was involved with, that he was the leader of in crafting and writing articles about, when there are caricatures that were drawn that were questionable in terms of their intent and how they were meant to cast, perhaps, dispersions upon a person who was running for student government president who might have not looked like all of us, who might have had history and tradition that wasn't like the majority, when one dresses in Arab garb and goes out and throws water balloons, one needs to be able to address many of the things that were said. If there's an opportunity to clear the air I am one who will always listen with an open mind and an open heart. If anybody is capable of forgiving I am certainly that person. I sought the opportunity to clean the slate for this gentleman like the past candidate we just voted on. I supported her. She was premminently qualified. It makes no difference who comes forth with that recommendation. My record is clear in terms of being able to look at the intrinsic qualities of a candidate. Those intrinsic qualities are lacking if a person refuses to address, when provided an opportunity in open forum or in any other context, significant questionable concerns which we all should be deeply moved by if we read them. Simply because they come nominated by a specific individual then we're being remiss in exercising our obligations. [SPEAKER CHANGES] Senator Brown, for what purpose do you rise? [SPEAKER CHANGES] To speak to the resolution. [SPEAKER CHANGES] Senator Brown has the floor to speak to the resolution. [SPEAKER CHANGES] I wasn't going to speak to this but I felt like I had to after

hearing some of the comments. In committee the other day I think it was important that we just clear the air. Because I thought Mr. Allen did a very good job of answering most of the questions that he was asked. I thought he was pretty frank about what happened in college. He talked about that. I thought he was frank about the minimum wage issue. I thought he talked completely about that. Now there were some questions that were asked about what someone else thought, that you were asking. And I think our chairman asked him not to answer those questions because you were asking him a question about someone else's thought, no his thought. I thought it was a fair debate in committee the other day. I'm not sure what else Mr. Allen could have said, to be quite honest. From the questions that were asked, because I thought he was pretty frank and honest and laid himself out there about as much as anybody could I think under the circumstance. I don't know what you were looking for, for Mr. Allen to say. I think you were trying to hold something that maybe happened against him in college, against him, but again the facts showed that he has represented employees mostly in the past few years. And not employers. And this is an employer appointment. So you would think this would be the type of appointment that a lot of people that want to protect the employees would like, I guess. Because of the work he's done for employees. I'm not sure what you're looking for in an individual, but again, I thought the gentleman was about as frank as he could be in committee the other day, answered the questions. He has represented employees in the past several years of his life. Sounds to me like a pretty good person to ask to be on this industrial commission, in my opinion. [SPEAKER CHANGES] Senator Hartsell, for what purpose do you rise? [SPEAKER CHANGES] To speak to the resolution. [SPEAKER CHANGES] Senator Hartsell has the floor. [SPEAKER CHANGES] Mr. President and members of the Senate, I have rarely ever read an email on this floor but I want to read one to you right now. Senator Hartsell, I wanted to drop you a quick email to thank you for all you're doing to support the confirmation of Charlton Allen for the Industrial Commission. It's difficult when your husband is attacked by people who don't know him. I'm thankful for your support and also thankful that this process is nearly over. Thank you again. This was from Beth Osborne ?? a young lady who grew up with my daughters, is the wife of Charlton Allen, and who served on this floor as a page some 15 years ago. Charlton practiced law briefly in Concord, in the office next door to mine. If we had to talk about what crazy things we might have done in college, particularly Senator Bingham, it seems to me that we would all have problems in this place. I commend the resolution to you. [SPEAKER CHANGES] Is there further discussion or debate? [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Goolesby, to what purpose do you rise? [SPEAKER CHANGES] To debate the bill. [SPEAKER CHANGES] Senator Goolesby has the floor to speak to the resolution. [SPEAKER CHANGES] Thank you, Mr. President. First I'm glad to learn that Senator Bingham did go to college. Second, [LAUGHTER] class, I would like to talk about Charlton Allen, because I do happen to know him. He practiced law in Wilmington for a number of years. He was our local county party chairman for the Republican Party and I know both his parents were fine people. I have heard the vicious attacks against my friend. I was not here for his confirmation hearing, I was on a family matter. But I am shocked and dismayed that such a fine individual would be so Kafka-esque attacked on the floor about things he did or did not do, and I'm glad to see that we have a founder of the campus journal, the Carolina Review, and someone who doesn't believe in the minimum wage willing to stand up and say what they believe in. Those are exactly the kind of things we need from anyone that we appoint to a position where they make important decisions for the state. Charlton Allen is a fine individual. I ask you to please support his nomination and vote affirmative on this reading. Thank you, Mr. President. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, the question before the Senate is passage of House Joint Resolution 1112 on its second reading. All in favor vote aye. Opposed will vote no. Five seconds will be allowed for the voting. The clerk will record the vote. 31 having voted in the affirmative and 18 in the negative. House Joint Resolution 1112 passes its second reading, without objection will be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, the question before the Senate is the passage of House Joint Resolution 1112 on its third reading. All in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed no.

The ayes have it. House Joint Resolution 11-12 passes its third reading and it will be enrolled. Senate Bill 853. The Clerk will read. [SPEAKER CHANGES] Senate Bill 853, Business Court Modernization. [SPEAKER CHANGES] Is there any discussion or debate? [SPEAKER Barringer, for what purpose do you rise? [SPEAKER CHANGES] To send forth a very technical amendment. [SPEAKER CHANGES] Senator, you can send forward your amendment. Clerk will read. [SPEAKER CHANGES] Senator Barringer moves to amend the bill. [SPEAKER CHANGES] Senator Barringer is recognized to explain the amendment. [SPEAKER CHANGES] This simply changes the words on the bill, page 8, line 1, from “subdivision C” to “subsection C” of this section, and I apologize for the technical error. [SPEAKER CHANGES] Is there any discussion or debate on the amendment? Hearing none, the question before the Senate is the adoption of Amendment 2. All in favor vote aye. Opposed will vote no. Five seconds will be allowed for the voting. Clerk will record the vote. Woodard. Woodard, aye. Rabin. Rabin, aye. 49 having voted in the affirmative and 0 in the negative, Amendment 2 is adopted. The bill as amended is back before the body. Is there any discussion or debate? [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Barringer, for what purpose do you rise? [SPEAKER CHANGES] Just to urge support for the bill. [SPEAKER CHANGES] Senator Barringer urges your support. Any further discussion or debate? Hearing none, the question before the Senate is the passage of the Committee Substitute to Senate Bill 853 as amended on its third reading. All in favor will vote aye. Opposed will vote no. Five seconds will be allowed for the voting. Clerk will record the vote. 49 having voted in the affirmative and 0 in the negative, Committee Substitute to Senate Bill 853 as amended passes its third reading. The amendment will be engrossed. It will be sent to the House. Senators, we have several bills for concurrence. Senate Bill 370. The Clerk will read. [SPEAKER CHANGES] Senate Bill 370, Respect for Student Prayer and Religious Activity. [SPEAKER CHANGES] Senator Bingham is recognized. [SPEAKER CHANGES] Thank you, Mr. President. Ladies and gentlemen of the Senate, I’m certainly not going to say anything about my adventures in college. That was a trouble that I got into the last time in talking about an experience I had with ?? for 30 minutes, and I’m certainly not going to say anything else, but at any rate, this bill that’s before you was passed by the Senate 48 to 0. The House has strengthened the bill by adding a provision that if any clause in this act is found unconstitutional, it will not invalidate the rest of the act. I would appreciate your vote for concurrence. Thank you, ladies and gentlemen. [SPEAKER CHANGES] Senator Bingham recommends concurrence. Is there any further discussion or debate? Hearing none, the question before the Senate is the motion to concur in house Committee Substitute to Senate Bill 370. One electronic vote. All in favor will vote aye. Opposed will vote no. Five seconds will be allowed for the voting. Clerk will record the vote. Graham, aye. Bingham. Bingham, aye. 48 having voted in the affirmative and one in the negative, the Senate concurs on the House Committee substitute to Senate Bill 370. It will be enrolled and sent to the Governor. Senate Bill 355. The Clerk will read. [SPEAKER CHANGES] Senate Bill 355, Tech Correction, ?? Union Local Act. [SPEAKER CHANGES] Senator Tucker is recognized. [SPEAKER CHANGES] Thank you, sir. Ladies and gentlemen of the Senate, I vote that you would concur with motion number 9. The House strengthened the bill with some clarifying language. I appreciate your support. [SPEAKER CHANGES] Senator Tucker asks you concur. Is there any further discussion or debate? Hearing none, the question before the Senate is the motion to concur in the House Committee Substitute to Senate Bill 355. We’ll have one electronic vote. All in favor will vote aye. Opposed will vote no. Five seconds will be allowed for the voting and the Clerk will record the vote. Foushee, no. 34 having voted in the affirmative and 15 in the negative, the Senate concurs and it will be enrolled.

Senate bill 744. The clerk will read. [SPEAKER CHANGE] Senate bill 744, appropriations act of 2014. [SPEAKER CHANGE] Senator Brown is recognized. [SPEAKER CHANGE] Thank you Mr. President. I think many of you have read the differences in the house budget and the senate budget. Some of those bigger differences is the house budget takes I guess bets on the bet of lottery proceeds to fund teacher pay. It also, in our opinion, underfunds the rebase for Medicaid which has risen at about a 5.6% rate yearly and we think doesn’t nearly put enough money to take care of that rebase. Also our budget addressed the need to get teacher pay to the national average, which it did, the house budget does not do that. Those were just a few of the differences so I would ask that you do not concur. [SPEAKER CHANGE] Senator Brown asks that you do not concur. Is there any further discussion or debate? Hearing none the question before the senate is the motion concur in house committee substitute senate bill 744. There will be one electronic vote. All in favor will vote aye. Opposed will vote no. Five seconds will be allowed for the voting, the clerk will vote no. One having voted in the affirmative and forty-eight in the negative, the senate does not concur. [SPEAKER CHANGE] Mr. President. [SPEAKER CHANGE] Senator Blue. [SPEAKER CHANGE] We vote not to concur so I voted for the motion but I would like my vote changed so it shows that I am in favor of not concurring. [SPEAKER CHANGE] Thank you Senator. Zero as having voted in the affirmative and forty-nine in the negative the senate does not concur and the house will be so notified. [SPEAKER CHANGE] Mr. President. [SPEAKER CHANGE] Senator Davis what purpose do you rise? [SPEAKER CHANGE] On senate bill 355 I voted to concur, intended to vote to non-concur. [SPEAKER CHANGE] Senator Davis changes his vote to not concur. The final vote count, what was the number again Senator? Was it 355? Senate Bill 355. Final vote count, 33-16. Senator Apodaca what purpose do you rise? [SPEAKER CHANGE] Mr. President I meant to object to Senator Blue being able to change his vote but I was too late so anyway senate bill 740, DPS study commercial vehicles safety alliance presently in AGG has, the recall from AGG refers to J2 and then add a serial referral back to AGG. [SPEAKER CHANGE] That objection so ordered. [SPEAKER CHANGE] Thank you Mr. President. House bill 330 plan community act currently in the finest committee in the senate, senate rules committee, asked that it be recalled from rules and referred to J1. [SPEAKER CHANGE] Objection so ordered. [SPEAKER CHANGE] Senate bill 731, south port occupancy tax currently state and local government ask that we add a serial referral to the committee on finance. [SPEAKER CHANGE] Objection so ordered. [SPEAKER CHANGE] Senator Van Duyn what purpose do you rise? [SPEAKER CHANGE] To change my vote on 355. [SPEAKER CHANGE] Senator Van Duyn changes her vote on 355 from [SPEAKER CHANGE] Yes to no. [SPEAKER CHANGE] Yes to no. 32-17 is the final vote count. At this time Senators we’d like to introduce our pages for the week so pages if you’ll stand up and make your way hear to the front of the dais to be recognized. The clerk will read. [SPEAKER CHANGE] Connor ???, Statesville. Robin Boehner, Pinehearst, Quentin Biel Jr, Wake Forest. Lilly Black, Burlington. Chandler Burr, Wake Forest. Sherry ???, ???. Lilly Kennedy, Burlington. Jackson Carr, Dunn. Parker Castleberry, Raleigh. Tyler Dabs, Eaton. Will Dabs, Eaton. McKay ???. Caitlin Ebert, Hickory. Rachael ???, Davidson. Grayson ???, Wake Forest. Trey Jones, ???. Alex Luke, Wilmington. Spencer Mangum, Raleigh. Winston Masey, Raleigh. Thomas ???, Hickory..

Rocky [Mount], Justin Perkins Apex, Sophia [Politis], Hersh Bert and Meredith Roach [Window]. [SPEAKER CHANGES] Pages, it’s great to have you with us this week. Thanks for serving the senate. [SPEAKER CHANGES] And Paul Wood from ?? [SPEAKER CHANGES] Do you have any notices or announcements? [SPEAKER CHANGES] Senator Gunn, for what purpose do you rise? [SPEAKER CHANGES] Make an announcement. [SPEAKER CHANGES] Senator Gunn has the floor for an announcement. [SPEAKER CHANGES] The Senate Commerce Committee will meet tomorrow at 11’o clock in our usual room. We’ll be taking up House Bill 1031. [SPEAKER CHANGES] Any other notices or announcements. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Brock, for what purpose do you rise? [SPEAKER CHANGES] An announcement. [SPEAKER CHANGES] Senator Brock has the floor for an announcement. [SPEAKER CHANGES] Agriculture will meet tomorrow at 11’o clock in 544 and we will be voting on the Coal Ash bill. [SPEAKER CHANGES] Any other notices or announcements. Any further business come for the Senate. Now the Chair recognizes Senator Berger for a motion. [SPEAKER CHANGES] Thank You, Mr. President. I move that the Senate do now adjourn subject to the referral and re-referral of bills and resolutions, to reconvene on Tuesday, June 17 2014 at 3 PM. The motion for Senate do now adjourn subject to the stipulation stated by Senator Berger to reconvene Tuesday, June 17th at 3 PM, seconded by Senator Meredith. All in favor, say Aye. Opposed, No. The Ayes have it, the Senate stands adjourned.