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 17, 2014 | Chamber | Tuesday Proceedings

Full MP3 Audio File

Senate will come to order. Sargent at arms close the doors. Members go to their seats. Members and guests in 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] Pray together. Heavenly Father in him we trust. You alone know the end from the beginning. We your children are anxious about more things than we can name in this assembly. But we lift them up to you and as we bring them from the middle of our lives into your lap, into your presence we ask you to come and join us in the midst of this place in Raleigh, North Carolina. May our worries restrain us in our private lives and may they keep us sincere in our public duty. Shine your light here upon these gathered from my left to my right and help us to stand strong against the stormy blast. Will you Lord Almighty God guide us we pray that we may do what is right and if we suffer for it we shall be blessed in that suffering. This we ask for Christ's sake who suffered so that we might rise. Amen. [SPEAKER CHANGES] Senator Apdoca is recognized for a motion. [SPEAKER CHANGES] Mr. President the journal of Monday, June 16th 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] Let's come to order. Thou objection to the journal for June 16th stands approved as written. We do have leaves of absence granted today for Senator Parmon. Senators we do have a nurse of the day with us today, Nurse Cheryl Blake from Durham, North Carolina. Nurse Blake please stand and be recognized. Thanks for your service to the Senate. Senators, upon the motion of Senator Tucker of Union County the chair is happy to extend courtesies of the gallery to the Union County 4H Club. If you're with us in the gallery please stand and be recognized. Thank you for joining us. And upon the motion of Senator Bill Cook of Beaufort County the chair is happy to extend courtesies of the gallery to Vice Chair of Roanoke Island Commission Perry White from Dare County and the Chair of the Roanoke Island Commission Earl Willis of Chowan County. If you're with us please stand and be recognized. Thank you for joining us. Ratification of bills clerk ?? [SPEAKER CHANGES] The roll of bills. The ruling clerk will post the following bills duly ratified for presentation to the Governor. Senate Bill three seven oh, an act to clarify student's rights to engage in religious activity in school, to create an administrative process for remedying complaints regarding exercising of those student's rights and to clarify religious activity for school personnel. House Bill ten sixty, an act to require the State Board of Education to identify militarily, connect the students using a reporting system as recommend by the Education Oversight Committee. In the following bills and resolutions duly ratified properly enrolled send it to the Office of Secretary of State. Senate Bill three fifty five, an act to make technical changes and clarifications and an act to establish a moratorium on filing actions by certain local boards of education challenging the sufficiency of local funds appropriated to the public school by the Board of County Commissioners. House Joint Resolution ten seventy four, a joint resolution providing for the confirmation of Linda Cones as State Comptroller. House Joint Resolution one one one two, a joint resolution to confirm the appointment of Carlton L. Allen to the North Carolina Industrial Commission. [SPEAKER CHANGES] Senator Apodoca for purpose of the ayes. [SPEAKER CHANGES] Mr. President, multiple motions. [SPEAKER CHANGES] Senator Apodoca you have the full of your motions. [SPEAKER CHANGES] Thank you Mr. President. Members on today's count under Senate Bill five seventy four groundwater contamination, ask that it be removed from today's calendar and re-referred to the committee on J1. [SPEAKER CHANGES] Objection so ordered. [SPEAKER CHANGES] Thank you Mr. President. House Bill three sixty six forest service

Technical clarifying changes, currently in Ag, I ask that it be removed from Ag and be re-referred to committee J2 and then in a serial referral back to Ag. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] Thank you, Mr. President. Senate Bill 729, Governor's coal ash plan, add a serial referral to appropriations and then a referral to the finance committee. [SPEAKER CHANGES] Without objection so ordered. [SPEAKER CHANGES] House Bill 1031, North Carolina Economic Development Partnership modifications, it needs a serial referral added to it to appropriations. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] House Bill 27, Worker's comp fund, safety workers allocation, needs to be recalled from the committee on rules and re-referred to the committee on finance. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] House Bill 109, Motorcycle helmet law study, currently in committee on rules, re-referred to the transportation committee. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] House Bill 267, limiting tolling on existing interstates, needs to be recalled to rules and re-referred to the insurance committee. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] House Bill 1031, Volunteer fire and rescue finances was received from the House yesterday. It needs a serial referral added to finance and then pensions and retirement. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] Last but not least, House Bill 1045, Town of Elkton, regular election schedule, currently in committee on rules. It needs to be removed from rules and referred to state and local government. [SPEAKER CHANGES] Without objection, so ordered. Reports of standing committees. Senator Bingham, for what purpose do you rise? [SPEAKER CHANGES] Send forth a committee report. [SPEAKER CHANGES] You can send forward your report Senator. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] The clerk will read. [SPEAKER CHANGES] Senator Bingham of the Agricultural, Environment and Natural Resources Committee, submits for passage, Senate bill 729, unfavorable as to bill, but favorable as to Committee Substitute Bill titled an act to prohibit recovery of costs related to unlawful discharges from coal combustion residuals surface impoundments; (2) establish a moratorium on certain rate cases, (3) create the coal ash management commission to review and approve the coal combustion residuals surface impoundments classifications and closure plans and otherwise study and make recommendations on laws governing management of coal combustion residuals, (4) require expedited review by the Department of Environment and Natural Resources of any permit necessary to conduct activities required by this act; (5) establish various reporting requirements to the general assembly, including a quarterly report from the department of environment and natural resources on its operations, activities, programs, and progress with respect to its obligations under this act for coal combustion residuals surface impoundments; (6) prohibit local government regulation of management of coal combustion residuals or coal combustion products; (7) prohibit construction of new or expansion of existing coal combustion residuals surface impoundments effective July 1, 2014; (8) prohibit the disposal of coal combustion residuals into coal combustion residuals surface impoundments at coal-fired generating units that are no longer producing coal combustion residuals effective October 1, 2014; (9) prohibit disposal of stormwater to coal combustion residuals surface impoundments effective December 31, 2018; (10) require all electric generating facilities to convert to generation of dry fly ash on or before December 31, 2017, and dry bottom ash on or before december 31, 2020, or retire; (11) require the assessment of groundwater at coal. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] I think the reading clerk's going hoarse. I think we're good with that read in as it has been. I think I heard the rest of it come in so I think we're good. That's the short version by the way. [SPEAKER CHANGES] Thank you for writing the short version there. Senate Bill 729, Appropriations base budget. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Gunn, for what purpose do you rise? [SPEAKER CHANGES] To send forth a very short committee report. [SPEAKER CHANGES] Senator you can send forward your report.

...and answer it accordingly. And with new generations of telephones coming out, also with more people using cellular communications, we want to make sure that the calls are routed to the right agencies to make sure their taken care of. I urge your support of the bill. [SPEAKER CHANGES] Be any discussion or debate? Hearing none, the question before the Senate is the passage of the Committee Substitute to Senate Bill 797, as amended, on its second reading. All in favor will vote aye, oppose the vote no. Five seconds will be allowed for the voting and the Clerk will record the vote. Forty-nine having voted in the affirmative and zero in the negative. Committee Substitute Senate Bill 797, as amended, passes its second reading without objection. It will be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Is there any discussion or debate? Hearing none, the question before the Senate is the passage of the Committee Substitute to Senate Bill 797, as amended, on it's third reading. All in favor will say aye. Opposed no. The ayes have it. Committee Substitute to Senate Bill 797, as amended, passes its third reading. The amendment will be engrossed and it will be sent to the House. We have one public bill for third reading. Senate Bill 793. The Clerk will read. [SPEAKER CHANGES] Senate Bill 793, Charter School Modifications. [SPEAKER CHANGES] Is there any discussion or debate? Hearing none, the question before the Senate is the passage of Committee Substitute to Senate Bill 793 on its third reading. All in favor will vote aye, oppose the vote no. Five seconds will be allowed for the voting. The Clerk will record the vote. Forty-nine having voted in the affirmative and zero in the negative. Committee Substitute to Senate Bill 793 passes its third reading and it will be sent to the House. We have one vote for concurrence. Senate Bill 463. The Clerk will read. [SPEAKER CHANGES] Senate Bill 463, Jail Dormitory Minimum Standards. [SPEAKER CHANGES] Senator Woodard is recognized. [SPEAKER CHANGES] Thank you, Mr. President. Ladies and gentlemen of the Senate, this is a bill we considered last May and approved unanimously. During its time in the House there was a slight change. Jail dormitories here are currently restricted to 50 beds unless your county has a population of more than 300,000. While the bill was in the House, that cap was removed so that all counties are now eligible to participate in the jail dormitories as outlined in the bill. I would urge you to vote for concurrence. [SPEAKER CHANGES] Senator Woodward recommends concurrence. 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 463. There will be one electronic vote. All in favor will vote aye, oppose the vote no. Five seconds will be allowed for the voting. The Clerk will record the vote. Forty-nine having voted in the affirmative and zero in the negative, the Senate concurs in the House Committee Substitute to Senate Bill 463. It will be enrolled and sent to the Governor. That wraps up our calendar for today. Are there any notices or announcements? Notices or announcements? Senator Meredith, for what purpose do you rise? [SPEAKER CHANGES] Yes, sir. Thank you, Mr. President. Commerce will be meeting tomorrow at 11 o'clock in 1128. [SPEAKER CHANGES] Senator Goolsby, for what purpose do you rise? [SPEAKER CHANGES] Mr. President, an announcement and a nominal personal privilege. [SPEAKER CHANGES] Senator Goolsby, you have the floor for an announcement. [SPEAKER CHANGES] I believe there will be a J1 meeting tomorrow. All J1 members please check your e-mails and we'll let you know the time and the location. And my personal privilege. Today is the 272nd birthday of my 7th great grandfather William Hooper. For those of you who went to school in North Carolina you probably learned that he was one of the three signers of the Declaration of Independence in this great state. I've presented to all of you on your desk a little rendition of some history provided by one of the societies that recognizes all the signers of the Declaration of Independence about my 7th great grandfather. Strangely enough, he actually had moved down to the south from Boston. His father was a preacher there. Like Senator Stein he attended Harvard Law School or got his law degree from Harvard at the time. And moved south. Moved to of all places Wilmington, North Carolina and practiced law there. He ended up marrying a local Wilmington girl who was the daughter of the High Sheriff at the time. And when the revolution came around, he was selected as one of the delegates to the first Continental Congress, along with names that you will recognize being from North Carolina. John Penn and Joseph Hughes. He...

...when up and served. On November the 23rd, 1774, the voters of Wilmington, after the initial Congress, met and elected him to the Wilmington Committee of Public Safety to "carry more effectively and the execution the resolves of the late Congress held at Philadelphia." John Adams wrote in his diary about William Hooper, along with Patrick Henry and Henry Lighthorse Lee, I believe that was Robert E. Lee's father. That they were all three the orators of the Congress. William Hooper, at the close of 1776, had attended three Continental Congresses, five Provincial Congresses and four Provincial Assemblies besides being a member of the Wilmington Committee of Safety. Although he was absent when independence was actually signed on July the 4th, 1776, he, like many other delegates, affixed his name to the amended declaration on August the 2nd. On December the 22nd, the Great Seal that you see right up there above the President, our Lieutenant Governor, he was actually appointed along with two other individuals, Joseph Hughes, another signer of the Declaration of Independence, and John Burke, to actually devise the Great Seal of the Great State of North Carolina. On December the 22nd of that same year, 1776, they met and actually started designing that seal. Senator Tucker asked me to make sure that I read this quote to everybody and you'll see at the bottom of page three it begins. After attending three congresses, he began, like many of us, to tire of the routine and of being in Congress and he wrote, "I am weary of politics. It is a study that corrupts the human heart, degrades the idea of human nature and drives men to expedience that morality must condemn." In 1777, early in that year, he and many other delegates were stricken with malaria and he went home to his beautiful home called Phinean on the Cape Fear Sound. It's no longer there but it was a beautiful place, I've seen pictures of it. He then attended the General Assembly in the years 1777, '78, '79, '80, and '81 for the borough of Wilmington. When he realized that his home and his family wouldn't be safe from the British men of warships that were off the Masonboro Sound, he moved his family into town. He was suffering at that time from malaria and a badly injured arm and he became a fugitive from the British at that point. When Major James Craig and his men took the City of Wilmington, the Hooper House downtown was burned. He had to flee and his family had to leave on horseback. He was hunted by the British for a number of years during the war. Phinean was burned and another home of his was also burned. He continued to serve his country after the war was over. As a lawyer, he continued to try to litigate and to bring peace between the Loyalists and the new sovereign American citizens. He handled a number of lawsuits and at one point was even appointed a federal judge. He ended up dying on October the 4th, 1790. He was originally buried in Hillsboro and then, like the other two signers of the Declaration of Independence, his body was moved to Guilford Courthouse where he is interred to this day along with his other two signers. I appreciate this time, Mr. President, to speak about my 7th great grandfather, who's birthday I honor today. Thank you, sir. [SPEAKER CHANGES] Thank you, Senator. Senators, the Chair is happy to extend courtesies of the gallery to general contractors from across the state, members of the Associated Builders and Contractors from all over North Carolina. Thank you for joining us. Please stand and be recognized. [applause] Do we have any other notices or announcements? Senator Soucek, for what purpose do you rise? [SPEAKER CHANGES] To make an announcement. [SPEAKER CHANGES] Senator Soucek, you have the floor. [SPEAKER CHANGES] I want to remind everyone every Wednesday at 12:30, for about 30 minutes in between the two chambers at the Chapel, the House and the Senate have a joint chapel service. We sing a couple hymns, we have a legislator share a brief message and we always get you out of there by 1 o'clock for one of your meetings. So I want to make sure anytime we're in session, 12:30 on Wednesdays, you are all invited. Thank you. [SPEAKER CHANGES] Any other notices or announcements? Any further business to come before the Senate? If not, the Chair recognizes Senator Berger 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 referral and re-referral of bills and resolutions, the receipt and re-referral of committee reports, ratification of bills and appointment of conferees, to reconvene on Wednesday, June 18, 2014, at...

2PM [SPEAKER CHANGE] The motion is the Senate do now adjourn subject to the stipulations stated by Senator Berger to reconvene Wednesday, June 18th at 2PM, seconded by Senator Bingham. All in favor say aye. Opposed no. The ayes have it, the Senate stands adjourned.