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Senate | June 18, 2014 | Chamber | Session

Full MP3 Audio File

Senate will come to order. Sargent in Arms will close the doors. Members will go to their seats. Members and guests in the gallery will please silence all electronic devices. Leading the Senate in prayer is the Reverend Peter Milner, Senate Chaplin. All members and guests in the gallery please stand. [SPEAKER CHANGES] Please bow your heads with me while we pray together. Father, it sure is a pleasure to be in your presence. Thank you for always being here. For not forsaking us. For not leaving us. Even when we wonder. Even when we part from you. Even when we want to go back to Egypt and be in slavery. You’re still there with us here right now. To fill us up with your love and who you are. Take our eyes off ourselves and to learn once again what it means to serve. Have Mercy on us, Lord and help those, all across this state, From Minnesott Beach to Cashiers, to Asheville, to Durham, to Winston Salem. Everywhere, each county, spread your love out. Lord, we ask in Christ’s name. Amen. [SPEAKER CHANGES] Senator Pate, recognized for a motion. [SPEAKER CHANGES] Thank you, Mister President. The journal for Tuesday June 17th, 2014 has been examined and is found to be correct. I move that the Senate dispense of the reading of the journal and that it stand approved as written. [SPEAKER CHANGES] That objection to journal June 17th, 2014 is approved as written. Leave of absence members is granted for Senator Parmon. Members, our nurse of the day is Nurse Karen Lemmings of Asheboro, North Carolina. Nurse Lemmings is in the back. Thank you for your service. [SPEAKER CHANGES] Mister President. [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Multiple motions. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Thank you, Mister President. Calendar motion. Senate Bill 876 provide a Buford Mills Tax on today’s calendar. I ask that it be removed and referred to the Committee on the Senate finance. [SPEAKER CHANGES] No objection. [SPEAKER CHANGES] No. [SPEAKER CHANGES] So ordered. [SPEAKER CHANGES] Senate Bill 477. No set fee. Non-covered vision services is in the Committee on Rules. Ask that it be removed from Rules and sent to the floor for tomorrow on a calendar for concurrents. [SPEAKER CHANGES] No objections. So ordered. [SPEAKER CHANGES] Senate Bill 574. Okay that will be read in, hang on to the that. Senate Bill 793. Charter school modifications. Voted on Yes today. Needs to be sent by special messenger to the House. [SPEAKER CHANGES] No objections. So ordered. [SPEAKER CHANGES] Senate Bill 818. Establish education endowment fund. Needs a serial referral to Finance. Along with the Serial Referral to appropriations. Needs both. [SPEAKER CHANGES] No objection. So ordered. [SPEAKER CHANGES] Senate Bill 769. Blue State Nature Heritage Tourism. Recall for Commerce Committee. Referred to Committee on Rules and Operations of the Senate. [SPEAKER CHANGES] No objection. So ordered. [SPEAKER CHANGES] Mister President. [SPEAKER CHANGES] Senator Tillman, what purpose do you rise? [SPEAKER CHANGES] Send forward committee report. [SPEAKER CHANGES] Send forward your report. Clerk will read. [SPEAKER CHANGES] Senator Tillman, for the Education Committee. Submits a passage Senate Bill 761 on ?? bill but ?? has to Committee substitute bill. Senate Bill 818, establish education endowment fund. Senate Bill 761. With the new title, enhance the effectiveness of occupational license of military service members and veterans as to direct the Board of Governors University of North Carolina State board of community colleges to submit.

[0:00:00.0] A plan that will ensure that college credit uniformly granted to students with military training as recommended by Legislative Research Commission Committee on civilian credit for military training and state ___[00:12] general selection criteria. [SPEAKER CHANGES] Senate Bill 761 Calendar, Senate Bill 818 has a sequential referral to appropriations based budget. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senate Harrington what purpose you had? [SPEAKER CHANGES] Send forward the committee reports. [SPEAKER CHANGES] Send forward your report clerk will read. [SPEAKER CHANGES] Senator Harrington the appropriation based budget committee submission pass it, House Bill 1031 committee steps to number one, ___[01:18] development partnership modification favorable, Senate Bill 729 committee steps to number one Coal-ash Management Act 2014 favorable. [SPEAKER CHANGES] House Bill 1031 Calendar, Senate Bill 729 sequential referral to finance, member upon motion of Senator McLaurin of Richmond County happy to extend courtesies to leaderships Scotland Group from Scotland County Chamber of Commerce if your President Chamber would stand, thank you being here today. [Applause] [SPEAKER CHANGES] Members upon the motion of Senator Warren Daniel of Burke and Cleveland Counties, the Chairs happy to extend courtesies to Donna Beard, Ms. Beard is retired from DHSS after 29 years of service and Senator Daniel, she is the mother of the best intern Rita Beard who is Senator Daniel’s intern this week. Miss. Beard if you please stand, thank your for your services to the state. [Applause] [SPEAKER CHANGES] Hence forward, I will not read the editorial comments. So, members of the senate upon the motion of the Senator Barringer well I might make a exception here, the Wake County the Chairs happy to extend the courtesies to her husband ___[02:45] Barringer but she says is the best husband in North Carolina, Mr. Barringer. [Applause] [SPEAKER CHANGES] And members upon the motion of Senator Jim Davis of making county chairs happy to extend courtesies to Rosy Ward and Stacey Kane, if you are in the gallery, if you please stand thank you. [Applause] [SPEAKER CHANGES] Ratification of bills the clerk will read. [SPEAKER CHANGES] Bill and enroll the following bill to do the ratification the presentation to the Governor, Senate Bill 463, in act amend the law providing for minimum standards ___[03:32] to allow counties to House 64 and may support ___[03:36] along and certain minimum standards are met, House Bill 183 in act to the later transfer of data the Cleveland County correcting of facility, the following bill duly ratify property enrolled and presented to the office of secretary state, House Bill 133 in act to clarify that Charlotte Douglas International Airport Commission as an agency within a city of Charlotte and to extend the Charlotte Douglas International Airport Oversight Committee by one year. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator ___[04:06] the purpose you raised? [SPEAKER CHANGES] To send forward a committee report from J1. [SPEAKER CHANGES] Send forward your report the clerk will read. [SPEAKER CHANGES] Senate bill ___[04:23] committee submits for passage, Senate Bill 574 the favor ask to encourage ground water contamination modify response. Mr. President [SPEAKER CHANGES] Hold on for just a second, Senate Bill 574 Calendar. Senator Tucker what purpose you arise? [SPEAKER CHANGES] To send forward the committee report. [SPEAKER CHANGES] Send forward your report the clerk will read. [0:04:59.5] [End of file…]

Senator Tucker for the State and Local Government Committee submits for passage Senate Bill 731, unfavorable as to bill but favorable as to committee substitute bill, Southport ?? Tax Modification. [SPEAKER CHANGES] Senate Bill 731 has a sequential referral to Finance. Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Mr. President, two motions please. [SPEAKER CHANGES] State your motions. [SPEAKER CHANGES] Mr. President, House Bill 1031, North Carolina Economic Development and Partnership Modifications, was read in earlier from I guess Appropriations Committee; is that correct? I move that it be placed on the end of today’s calendar. [SPEAKER CHANGES] Without objection so ordered. [SPEAKER CHANGES] Mr. President, J1 just reported in concurrence favorable for Senate Bill 574, Groundwater Contamination Modified Proposed Response. I move that the rules be suspended to the end that that be placed on the end of today’s calendar for concurrence. [SPEAKER CHANGES] Without objection so ordered. Members, are there any further committee reports? We’re about to go to the calendar. Any further business before we go to the calendar? Local bills, second reading. Senate Bill 864, the Clerk will read. [SPEAKER CHANGES] Senate Bill 864, Yanceyville ATV Use. [SPEAKER CHANGES] Senator Woodard is recognized. [SPEAKER CHANGES] Thank you, Mr. President. Ladies and gentlemen of the Senate, fairly straightforward local bill. The title pretty much explains it. This will allow the employees of the town of Yanceyville to use an ATV on highways, pursuant to the statute outlined. I would ask for your support. [SPEAKER CHANGES] Further discussion or debate on Senate Bill 864? Hearing none, the question before the Senate is the passage of Senate Bill 864 on its second reading. All in favor will say aye. [SPEAKER CHANGES] ]Aye. [SPEAKER CHANGES] All opposed, no. The ayes have it and Senate Bill 864 has passed is second reading and will without objection be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Is there further discussion or debate on Senate Bill 864. Hearing none, the question before the Senate is the passage on third reading of Senate Bill 864. All in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All opposed, no. The ayes have it and Senate Bill 864 has passed its third reading and will be sent to the House. Senate Bill 870, the Clerk will read. [SPEAKER CHANGES] Senate Bill 870, Durham Payments for On Street Parking. [SPEAKER CHANGES] Senator Woodard is recognized. [SPEAKER CHANGES] Again Mr. President, colleagues, fairly straightforward local bill. This will allow the city of Durham to offer the various methods of payment for on street parking including the machines where you can swipe, use your credit card. I again ask for your support. [SPEAKER CHANGES] Is there further discussion or debate? Hearing none, the question before the Senate is the passage on second reading of Senate Bill 870. All in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed, no. The ayes have it and Senate Bill 870 has passed its second reading and will without objection be read a third time. [SPEAKER CHANGES] 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 Senate Bill 870. All in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All opposed, no. The ayes have it and Senate Bill 870 has passed its third reading. Can we get the board right? Sorry. Senate Bill 870, having passed its third reading, will be sent to the House. House Bill 1158, Clerk will read. [SPEAKER CHANGES] House Bill 1158, Morganton Charter Amendment. [SPEAKER CHANGES] Senator Daniel is recognized. [SPEAKER CHANGES] Thank you, Mr. President. This is a local bill. It comes to us at the request of the City Council of Morganton. The delegation is all in agreement and I’d ask for your support. [SPEAKER CHANGES] Further discussion or debate on this local bill? Hearing none, question before the Senate is the passage on second reading of the Committee Substitute to House Bill 1158. All in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All opposed, no. The ayes have it and house bill 1158 has passed its second reading and will without objection be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Is there further discussion or debate? Hearing none, the question before the Senate is the passage of Committee Substitute to House Bill 1158 on its third reading. All in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All opposed, no. The ayes have it and House Bill…

1158 has passed its third reading and will be enrolled. House bill 1031, the clerk will read. [SPEAKER CHANGES] House bill 1031, NC Economic Development Partnership Modifications. [SPEAKER CHANGES] Senator Brown is recognized. [SPEAKER CHANGES] Thank you, Mr. President. Ladies and gentlemen, this is the P3 bill that we heard in commerce also heard in appropriations this morning. As you heard, we passed the Senate version a couple weeks ago. This is a House version that came over with a few changes that I think made the bill a little better. Again I made this comment in appropriations this morning, this bill is probably still something that we'll continue to work on in the long session, but I think it's the best we can get it at this point, so I'll ask for your support and try to answer any questions. [SPEAKER CHANGES] Is there further discussion or debate on the committee substitute to House Bill 1031. Hearing none, the question before the Senate is the passage of House Bill 1031 on its second reading. All in favor will vote aye, all opposed will vote no, 5 seconds will be allowed for the voting, the clerk will record the vote. Glock, aye. Clark, aye. 49 having voted in the affirmative and none in the negative House Bill 1031 has passed its second reading and without objection. [SPEAKER CHANGES] Mr. President, I'd like to object to third reading. [SPEAKER CHANGES] Senator McKissick objects to third reading. Senate Bill 574, the clerk will read. [SPEAKER CHANGES] Senate Bill 574, Groundwater contamination, modify response. [SPEAKER CHANGES] Members, this is on for a motion to concur. Senator Goolsby is recognized. [SPEAKER CHANGES] Thank you, Mr. President. This act clarifies our product liability statute as proposed, confirming that it does not apply to latent groundwater contamination claims. The product liability statute proposal was enacted back in 1979 as part of an omnibus products liability bill designed to address the sudden wave of product liability claims against manufacturers of durable goods. As the State Supreme Court explained in Tetterton v. Long Manufacturing Company, a case back in 1985, the legislative intent of the 1979 act was to limit a manufacturer's ability for a product's tail problems after a certain period of years had elapsed from the date of initial purchase for use or consumption. Clearly this General Assembly never intended for the act to affect claims arising from unknown exposures to unknown elements at unknown times with latency periods that are decades long. The General Assembly must clarify the text of the statute in order to protect the original intent of the 1979 act's drafters. I would ask you to concur. [SPEAKER CHANGES] Senator Wade, for what purpose do you rise? [SPEAKER CHANGES] To ask Senator Goolsby a question. [SPEAKER CHANGES] Senator Goolsby, do you yield. [SPEAKER CHANGES] I yield. [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] Senator Goolsby, I was in J1 with you and I just want to reiterate my understanding is after we had the discussion, we are not really changing the law, we're just clarifying the law because it was made for goods and that everyone will get their day in court, it will just be based on the merits of the case when they get there. Is that correct? [SPEAKER CHANGES] Yes, Senator, what we're doing today is we're just making sure that we as the General Assembly clarify the text of the statute to protect the original intent of the 1979 act's drafters. And what we're dealing with in a couple of parts of the state are groundwater contamination claims, and what separates them from the original intent of the bill that was passed back in 1979 is that groundwater contamination claims, unlike product liability claims, arise from unknown exposures by unknown elements at unknown times and, Senator, they can have latency periods that can be decades long unlike products, and that the intent of the bill back in 1979 was to deal with products. They never conceived that

[Speaker] Dealing with groundwater contamination and he claims our way of doing is clarifying that for anyone who might look at our law. Thank you Mr. President. [Speaker Changes] Is there further discussion or debate. The question before the senate is the concurrence of the senate in the house committee senate bill 574. Senator Gosbee asked that you vote to concur all in favor of concurrence will vote aye all oppose will vote no. 5 seconds will be allowed for the voting, clerk will record the vote. 49 having voted in the affirmative and none in the negative the motion carries and the bill will be enrolled and sent to the governor. Senator Rikisi what purpose yours [Speaker Changes] I just objected a third reading on the preceding bill. Had a chance to speak to Senator Brown about my concerns looks like it’s an issue we can work out with the secretary so I will remove my objections to the third reading on the economic development board bill. I forgot the bill number since it was not on the calendar for the day. Believe that’s house bill 1031 is that, that would be correct. So I remove my objection to the 3rd readings. [Speaker Changes] Senator Rikisi having removed his objection to house bill 1031 is there any objection to voting that voice vote on 3rd reading? Hearring none, clerk? It’s been requested that we voted on 3rd reading electronically so house bill 1031 3rd reading clerk will read. [Speaker Changes] House bill 1031 North Carolina economic development modifications. [Speaker Changes] Is there further discussion or debate on house bill 1031? Hearing none is the senate on passage on 3rd reading of the committee substitute of house bill 1031 all in favor will vote aye all oppose vote vote no. 5 seconds will be allowed for the voting. Clerk will record the vote. 49 having voted in the affirmative and none in the negative the house bill 1031 is passed 3rd reading will be ?? and sent to the governor. Notices and announcements [Speaker Changes] Mr. President [Speaker Changes] Senator Alrand purpose of your rise. [Speaker Changes] To make an announcement [Speaker Changes] You have the floor [Speaker Changes]There will be a meeting of the J2 committee tomorrow at 2 o’clock. In room 1124. [Speaker Changes] Mr. President [Speaker Changes] Senator Ritzo, for what purpose do you rise. [Speaker Changes] To make an announcement, you have the floor. There is a senate finance committee meeting tomorrow at 8:30 in room 643 and the agenda should be published now. [Speaker Changes] Further notices and announcements. Senator Jackson for what purpose do you rise. [Speaker Changes] To make an announcement. Photo preparations will be meeting tomorrow at one o’clock. To hear our budget directors report. Thank you. [Speaker Changes] Further notices and announcements. Senator Bearinger for what purpose do you rise. [Speaker Changes] If it’s the appropriate time, I have a personal privilege. [Speaker Changes] You have the floor. [Speaker Changes] Thank you Mr. president. Ladies and gentleman. I rise to share with you very good news, my husband who is sitting in the gallery is the recipient of the north Carolina bar association citizen lawyer award for 2014. The citizen lawyer award recognizes lawyers who exemplifies the ideals of the citizen lawyer. Public service and elected positions to work with non profit and charitable and political organizations. Military service and volunteering with youth sports programs and religious organizations. Brent who has been my husband for 32 years, now that you know me deserves some kind of public recognition.

[??] for that feat. Served on the UNC Board of Governors from 2003 to 2012. He has been a member of the Sentential Authority of the PNC Arena since 1995 of which he is serving his second term as vice chair. He's also the former chair of the Carey Chamber of Commerce. Not withstanding all of those outstanding public service record, when asked about the awards committee, “What was the most rewarding experience he has ever undertaken?” he quickly and unequivocally responded “The ten years of service as a therapeutic foster parent for the Methodist Home for Children.” I appreciate the opportunity to share this with you publicly because in typical Brent fashion he has declined to attend the awards ceremony in favor of sitting in a hot and dusty baseball field at the University of South Carolina to watch our son, John Charles, pitch. Brent, thank you. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] I reluctantly move that the words spoken by Senator Barringer be placed upon the journal. [SPEAKER CHANGES] I think, in light of the admission made it's probably a good thing to do. [SPEAKER CHANGES] Thank you, Mr. President. Mr. President, also, a moment of personal privilege, or an announcement, both if I may. We had a quick meeting of the Ox-meter Committee and history was made today. It's the first time someone's won the Ox-meter for a moment of personal privilege. Senator Barringer, congratulations! Mr. President? [SPEAKER CHANGES] Senator Tillman, for what purpose do you rise? [SPEAKER CHANGES] I'd like to ask the Augusta Senator from Mountains, Apodaca a question. [SPEAKER CHANGES] Senator Apodaca, do you yield? [SPEAKER CHANGES] Reluctantly. [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] Having not been on the committee, the ox-meter committee, nor having ever received that nor ever wanting to receive it, I have a question. [SPEAKER CHANGES] Go ahead. [SPEAKER CHANGES] Is anyone other than members eligible? [SPEAKER CHANGES] Not at this point. We'd have to have a rules meeting and change the rules. [SPEAKER CHANGES] Thank you. Our reading clerk came awful close. If he's not eligible, but the other day...I think we need to add him to the list. [SPEAKER CHANGES] Is there further business come for the Senate? If not, the chair recognizes Senator Pate ??. [SPEAKER CHANGES] Thank you, Mr. President. I move that this senate now adjourn subject to messages from the house of the Governor. The introduction, re-referral and referral of bills and resolutions, the receipt and re-referral of committee reports, ratification of bills and appointment of ?? to reconvene on Thursday June 19th at 11:30 A.M. [SPEAKER CHANGES] The motion is that the senate do now adjourn subject to the stipulations stated by Senator Pate, to reconvene on Thursday, June 19th, 2014 at 11:30 A.M. Seconded by Senator Barringer. All in favor will say Aye. All opposed, No. The Ayes have it and the senate stands adjourned.