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Senate | June 30, 2014 | Chamber | Session

Full MP3 Audio File

Thank you, Mr. President. The journal of Thursday, June 26 2014 has been examined and is found to be correct. I move that we dispense with the reading of the journal and that it stand approved as written. [SPEAKER CHANGES] Without objection, the journal for June 26 stands approved as written. Senators, we have leaves of absence granted today for Senator Goolsby. [PAUSE] Senators, we do have a nurse of the day with us today. Our nurse of the day Ann Marie Patterson Pal of Carey, North Carolina. Nurse Patterson Pal, please stand. Thank you for your service to the Senate today. [APPLAUSE] Senators, let’s come to order. On the motion of Senator Krawiec of Forsyth and Yadkin County, the Chair is happy to extend courtesies to the gallery to Bodie Windler, chair of the Yadkin County Republican Party and equally as importantly, the father of three of our pages this week who are also triplets. First time in the history of the Senate. Alexandria, Olivia and Victoria. Mr. Windler please stand and be recognized. Thank you for being here today. [APPLAUSE] Ratification of bills. The clerk will read. [SPEAKER CHANGES] Enrolled bills. Enrolling clerk will post the following bill, duly ratified for presentation to the governor. House Bill 267 an act to amend law governing captive insurance companies and ?? groups as recommended by the department of insurance. House Bill 379, an act authorizing the North Carolina veterinary medical board to amend the board laws pertaining to the license fees and license reinstatement. House Bill 1034, an act to amend the laws relating to one local firefighter’s relief fund, the state wide firefighter’s relief fund and the rescue squad workers relief fund, two worker’s compensation for firefighters and rescue squad workers, three supplemental pension for firefighters and rescue squad workers and four the voluntary fire department’s fund and volunteer rescue EMS fund as recommended by the joint legislation program evaluation oversight committee. House Bill 1139, an act to dedicate and accept certain properties as part of the state nature and historic preserve and to remove certain lands from the state nature and historic preserve. [SPEAKER CHANGES] Reports of standing committees. Do we have any reports of standing committees? Senator Noon, for what purpose do you rise? [SPEAKER CHANGES] To send forth a committee report. [SPEAKER CHANGES] Senator, you can send forward your report. If we could get a page to get that report please, and bring it up front? Clerk will read. [SPEAKER CHANGES] Senator Noon for judiciary 1 committee submits for passage House Bill 663, committee substitute number 2. Unfavorable as to committee substitute bill number 2 but favorable as to Senate committee substitute bill titled an act to further define a term practice law for purpose of regulating the unauthorized practice of law. [SPEAKER CHANGES] House Bill 663, calendar. Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Mr. President, motion please. [SPEAKER CHANGES] Senator Apodaca has the floor for a motion. [SPEAKER CHANGES] Mr. President, we’ve got some time sensitive items that have come over from the House as messages. I ask that the reading clerk read in Senate Bill 3, Senate Bill 648, Senate Bill 793, and Senate Bill 871. [SPEAKER CHANGES] Without objection, so ordered. The clerk will read Senate Bill 3, 648, 793, and 871. [SPEAKER CHANGES] Message from the House. Senate Bill 3, an act to award compensation increases for teachers, state employees and retirees, to modify the base budget appropriations for current operation of the state department institutions and agencies for other purposes, receive for concurrence. Senate Bill 648, an act to create transparency in contracts between attorney general and private attorneys. Receive for concurrence. Senate Bill 793

[0:00:00.0] Senate Bill 793: An act to provide that a teacher employed by a charter school may serve as a nonvoting member of the board of directors for the charter school and to amend the date by which the state board of education shall make decisions on charter school applications to provide priority enrollment for the children of members of the board of directors of charter schools beyond the initial year to make charter schools subject to requirements of the open meetings and public records laws; to allow charter schools to ask for additional records regarding the transfer of the per pupil share of the local current expense fund; to shorten the time period for payment of delinquent funds; to clarify the bidding process for the assumption of charter schools; to direct the state board of education to develop a fast-track approval process. Senate Bill 871: An act to remove certain described property from the corporate limits of the city of Raleigh and to add the property to the corporate limits of the city of Durham and to make changes to S.L. 2013-386. [SPEAKER CHANGES] Senator Apodaca what purpose you ask? [SPEAKER CHANGES] Mr. President Motion. [SPEAKER CHANGES] Senator Apodaca has a floor for motion. [SPEAKER CHANGES] Mr. President this motion is relating to Senate Bill 3, Mr. President we are in budget process with the house process we go through every year instead of hammering out of budget the house is over Senate Bill 3 for concurrence. There are number of problems with this latest political ___[01:28], the biggest problem is the bill violates the balanced budget requirement in our constitution in our State Budget Act. We are under duty to have a balance budget. Senate Bill 3 spends a lot of money but it doesn’t account for all of the debts that out there, you can look right at the bill and see that. A non partisan fiscal staff has ___[01:52] us that there are range of unfunded debts dealing with funding medicate over the next year. I ask they pass out of hand that as I continue. Senate Bill 3 ignores this range and all is to figure follow odds with our fiscal staff. If we ignore staff’s testaments we are setting the state for a gapping budget hole next year. We aren’t allowed to do that under the constitution or the State Budget Act, I hereby move the Senate Bill 3 to be sent back to the House of Representatives for further consideration. [SPEAKER CHANGES] Objection so ordered. Senate Bill 3 will be returned to the house. [SPEAKER CHANGES] Mr. President… [SPEAKER CHANGES] Senator Apodaca what purpose you ask? [SPEAKER CHANGES] Additional motions relative to tonight’s calendar. [SPEAKER CHANGES] Senator Apodaca has the floor for his motion. [SPEAKER CHANGES] Thank you Mr. President and members, House 369, Criminal law changes worker’s comp is on tonight’s calendar, I ask to be removed from tonight’s calendar and placed on tomorrow’s calendar. [SPEAKER CHANGES] Objections so ordered. [SPEAKER CHANGES] Thank you Mr. President. Senate Mr. President 877: Exempt Time-Shares, the Rule against perpetuities going around tonight’s calendar, it has to be removed and placed on tomorrow’s calendar. [SPEAKER CHANGES] Objection to ordered. [SPEAKER CHANGES] House Bill 1048, AG Attorney General Selection Criteria currently on tonight’s calendar and it will be placed and removed from tonight and placed on tomorrow. [SPEAKER CHANGES] Objection to ordered. [SPEAKER CHANGES] Mr. President House Bill 1101, Mechanics Liens and 1102 Mechanics Liens are on the calendar for tonight and ask if they will be removed from tonight’s calendar and referred to the committee on rules. [SPEAKER CHANGES] Objection to order. [SPEAKER CHANGES] Mr. President additional motion, we received the House Bill, excuse me Senate Bill 871 Raleigh/Durham/Deannexation/Annexation from the house ask if it would be placed on tonight’s calendar. [SPEAKER CHANGES] Objections to order. [SPEAKER CHANGES] Senate Bill 793: Charter School Modifications has been sent to the Senate by special messenger from the house, if that it would moved in and this already been read and placed on tonight’s calendar for concurrence. [SPEAKER CHANGES] Objections to order. [SPEAKER CHANGES] Mr. President Senate Bill 648: North Carolina Commerce Protection Act has been sent by special messenger and I need that I will be placed on tonight’s calendar for concurrence. [SPEAKER CHANGES] Objections to order. [SPEAKER CHANGES] Thank you. [0:04:59.6] [End of file…]

[0:00:00.0] Senator that takes us so right to the calendar for this evening starting with local bills, third reading will call bill, House Bill 1067, the clerk will read. [SPEAKER CHANGES] House Bill 1067, Murphy Deannexation. [SPEAKER CHANGES] Any discussion or debate, hearing on the question before senate passes the committee substitute the House Bill 1067 on his third reading. All in favor vote aye, all oppose will vote no, the five seconds will be allowed for the voting the clerk will record the vote. Harman Bryant aye, Senator Harman, 48 having voted in the affirmative and 0 in the negative, committee substitute House Bill 1067 passes his third reading and it will be enrolled. [Pause] Local bill ___[01:16] still reading local Senate Bill 523, the clerk will read. [SPEAKER CHANGES] Senate Bill 523, rights for ___[01:27]. [SPEAKER CHANGES] Is there any discussion or debate? The question before the senate is the passage of committee substitute to Senate Bill 523 on it’s third reading, the motions to concur, motion to concur that will be one electronic vote here, all in favor vote aye, all oppose will vote no, the five seconds will be allowed for the voting and the clerk will record the vote. Apodaca hi, Harman…48 having voted in the affirmative and 0 in the negative the Senate concurs and the house committee substitute Senate Bill 523 and it will be enrolled. Moving on the public bills third reading local House Bill 1052, the clerk will read. [SPEAKER CHANGES] House Bill 1052, Adjust the Utility Regulatory Fee. [SPEAKER CHANGES] Is there any discussion or debate? The question before the senate is the passage of House Bill 1052 on its third reading. All in favor vote aye, all oppose will vote no, the five seconds will be allowed for the voting and the clerk will record the vote. Harman…48 having voted in affirmative and 0 in the negative, the House Bill 1052 passes it’s third reading it will be enrolled and sent to the Governor. House Bill 1182, the clerk will read. [SPEAKER CHANGES] House Bill 1182, UNC Non-appropriated Capital Projects. [SPEAKER CHANGES] Do you have any discussion or debate? The question before the senate is the passage of House Bill 1182 on its third reading. All in favor vote aye, all oppose will vote no, the five seconds will be allowed for the voting and the clerk will record the vote. Gentleman, aye, Harman…48 having voted in affirmative and 0 in the negative, the House Bill 1052 passes it’s third reading it will be enrolled and sent to the Governor. Moving on the public bills second reading Senate Bill 773, the clerk will read. [SPEAKER CHANGES] Senate Bill 773 implements D.S.C recommendations. [SPEAKER CHANGES] Senator Hartsell is recognized to explain the bill. [SPEAKER CHANGES] Thank you Mr. President and the members of the senate, this is the clarifying portion of the technical bill that comes from general ___[04:01] commission. I do expect to objected a reading in this matter so that you can have an opportunity to be certain that it’s purely clarifying on a number of issues ___[04:14] answer any questions at this point but it might be useful for you to take a look at any specifics if you can between now and tomorrow. With that Mr. Chairman, Mr. President I also have an amendment to send forward that is not with ___[04:26] County. [Laughter] [SPEAKER CHANGES] Senator Hartsell you can send forward your amendment. [SPEAKER CHANGES] Thank you Mr. President it should be on the desk. [SPEAKER CHANGES] The clerk will read. [SPEAKER CHANGES] Senator Hartsell will amend the bill. [SPEAKER CHANGES] Senator Hartsell is recognized to explain the amendment. [SPEAKER CHANGES] Thank you Mr. President and members of the senate, this amendment actually comes from ___[04:47] Association is in the same Wayne as those that came from general __ commission only clarifying issues associating with the substation of a personal representative in certain circumstances and… [0:04:59.9] [End of file…]

This is not the rule against perpetuties but it clarifies that the Common law rule against accumulations no longer applies to trust and if you would like an explanation of that which I would normally be glad to do, I would prefer however, that the questions be directed to Senator Beranger who will give you a detailed explanation. I would commend the amendment to you. Is there any further discussion or debate? Gary none the discussion before the Senate is adoption of amendment one all in favor vote aye, opposed vote no five seconds will be allowed for the clerk to record the vote. Forty eight having voted in the affirmative and zero in the negative. Amendment one is adopted, the bill as amended is back before the body? Is there any further discussion or debate Here none, the question before the Senate is the committee passage committee substitute Senate bill seven seventy three as amended on it's second reading. All in favor vote aye, opposed vote no five seconds will be allowed for the voting clerk to record the vote. Forty eight having voted in the affirmative and zero in the negative committee bill substitute seven seventy three as amended passes it's second reading. Senator harsh will object a third reading. Senator Harsh will object a third reading or remain on the calendar. House bill three thirty clerical reading. SPEAKER CHANGES: House bill three thirty planned community act, Clarent Rights. Senator Nuten is recognized to explain the bill. SPEAKER CHANGES: Thank you mister president and colleagues this is a non controversial bill that came out of the J one committee that fixes a problem with the transfer of neighborhood development Declarent rights when there's been a foreclosure or bankruptcy. This is supported by the bar association no opposition commended to you. SPEAKER CHANGES: Further discussion or debate. Here none the question before the Senate is the passage of Senate committee substitute that the House Bill three thirty on it's second reading, all in favor vote aye, opposed vote no. Five seconds will be allowed for the voting clerk to record the vote. Forty eight having voted in affirmative and zero in the negative. Senate committee substitute the house bill three thirty passes it second reading. SPEAKER CHANGES: Objection be run a third time. SPEAKER CHANGES: North Carolina general Assembly in act. SPEAKER CHANGES: Is there any further discussion or debate? Here none the question before the Senate is the passage for the Senate committee substitute the House bill three thirty on it's third reading. All in favor will say aye. SPEAKER CHANGES: Aye. SPEAKER CHANGES: Opposed No. The ayes have it. Senate committee substitute House bill three thirty passes it's third reading. It'll be sent to the House committee for concurrence in the Senate committee substitute. House bill eleven seventeen, clerical reading. SPEAKER CHANGES: House bill eleven seventeen confirm pledge of firm account laws. SPEAKER CHANGES: Senator Harts is recognized to explain the bill. Thank you mister president and members of the Senate this also comes from general statuettes commission and when we changed the backing organization laws a year ago they forgot to put in that there's no application for joint accounts to credit unions. This simply conforms credit unions utilization of or application of joint accounts to them as well as the other banking institutions I commended to you. Is there any discussions or debates? Here none the question before the Senate is the House bill eleven seventeen on it's second reading all in favor vote aye opposed vote no, five seconds be allowed for the voting clerk to record the vote. Blues Aye Stein, Aye Ford, Aye. Forty eight having voted in the affirmative and zero in the negative. House bill eleven seventeen passes it's second reading that objection be read a third time. SPEAKER CHANGES: North Carolina general assembly in acts. SPEAKER CHANGES: Is there any discussion or debate? SPEAKER CHANGES: Herein none the question before the Senate is the passage of house bill eleven seventeen on it's third reading all in favor say aye. All opposed no. The ayes have it House bill eleven seventeen passes it's third reading. It will be enrolled and sent to the governor. Senator we have three bills for concurrent Senate bill...

[0:00:00.0] 648, the clerk will read. [SPEAKER CHANGES] Senate Bill 648, NC Commerce Protection Act of 2014. [SPEAKER CHANGES] Senator Jackson is recognized to speak to the motion. [SPEAKER CHANGES] Thank you Mr. President. Folks I have been in the ___[00:20] before and not seeing the bill ___[00:25], you are not seeing the ___[00:26] as much as this bill to the end. So, I would ask that you will not concur on this motion. [SPEAKER CHANGES] Senator Jackson asks that you do not concur on this motion, is there any further discussion or debate? The question for the Senate is the motion to concur in the House committee substitute to Senate Bill 648, there will be one electronic vote, all in favor vote aye, all oppose vote no, five seconds be allowed for the voting, the clerk will record the vote. 0 having voted in the affirmative and 48 in the negative the Senate does not concur in the House committee substitute, the Senate Bill 648 and the house will be notified. Senate Bill 793, the clerk will read. [SPEAKER CHANGES] Senate Bill 793, School modifications. [SPEAKER CHANGES] Senator Tillman is recognized to speak to the motion. [SPEAKER CHANGES] Thank you Mr. President and members, this bill 11 times it is a hug here and there but there is a couple of ways in there this have been changed and they need some work. So, I ask you to vote no on concurrence. [SPEAKER CHANGES] Senator Tillman asks that you do not concur, is there any further discussion or debate? The question for the Senate is the motion of concurrence House Committee Substitute to Senate Bill 793, the electronic vote, all in favor vote aye, all oppose vote no, five seconds be allowed for the voting, the clerk will record the vote. 0 having voted in the affirmative and 48 in the negative the Senate does not concur in the motion to House Committee Substitute, the Senate Bill 793 and the house will be notified. Senate Bill 871, the clerk will read. [SPEAKER CHANGES] Senate Bill 871: Raleigh/Durham/Deannexation/Annexation. [SPEAKER CHANGES] Senator McKissick is recognized to speak to the motion. [SPEAKER CHANGES] I will simply ask that you concur. [SPEAKER CHANGES] Senator McKissick asked that you concur the motion, is there any further discussion or debate? The question for the Senate is the motion of concurrence House Committee Substitute to Senate Bill 871… [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Apodaca… [Laughter] [SPEAKER CHANGES] I speak on the motion to concur… [SPEAKER CHANGES] Senator Apodaca has the floor to speak to the motion. [SPEAKER CHANGES] I just can’t tell you how proud I’m with this bill and to see Senator McKissick was…We will let him hand him more in the future thank you. [SPEAKER CHANGES] Is there any further discussion or debate? The question for the Senate is the motion of concurrence House Committee Substitute to Senate Bill 871, we want electronic vote, all in favor vote aye, all oppose vote no, five seconds be allowed for the voting, the clerk will record the vote. 48 having voted in the affirmative and 0 in the negative the Senate concurs and the house committee substitute Senate Bill 871 it will be enrolled and sent to the Governor. [SPEAKER CHANGES] Mr. President… [SPEAKER CHANGES] Senator Apodaca what purpose you has? [SPEAKER CHANGES] I think this is common sense that if we need to send it by special messenger to the Governor please. [SPEAKER CHANGES] Without object. [SPEAKER CHANGES] Thank you. Mr. President… [SPEAKER CHANGES] Senator Apodaca what purpose you has? [SPEAKER CHANGES] The inquiry of the Chair perhaps the clerk, do we need to do the same thing that 523, Senate Bill 523 special messenger to the…Well, I know that’s going to the house. [SPEAKER CHANGES] No, Senator it’s a local bill. [SPEAKER CHANGES] Alright. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] Senator ___[04:21] our calendar for this evening at this time we would like to ask the pages to come forward so you could be introduced so just make your way to the front of the dice everybody see if you can tell which one of the triplets does they come from? [Pause] The clerk will read. [SPEAKER CHANGES] Pages __[04:50] Rally, Justin Blackwell, Marsh Hill, ___[04:56] [0:04:59.8] [End of file…]

Kayla Dunsten, Orlena. James Pulburg, Raleigh. Emma Jones, Fayetteville. Mason Meredith, Fayetteville. Ariel Morogney, Carey. Rashad Prior, Raleigh, Erica Turner, Weldon. Rafael Wallace, Clayton. Carolina Wayne, Carey. Hailey Williams, Battlesboro. Alexandra Winger, East Bend. Olivia Winger, East Bend. Victoria Winger, East Bend. Rachel Woodsbarne, Clayton. Rebecca Woodsbarne, Clayton. [SPEAKER CHANGES] Pages, thank you for sacrificing your time to serve the Senate the week. We hope you enjoy your week. [APPLAUSE] Do we have any notices or announcements? Any 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 not adjourn, subject to messages from the House and the Governor of the introduction, 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 Tuesday July 1 2014 at 2PM. [SPEAKER CHANGES] The motion is that the Senate do not adjourn, subject to the stipulations stated by Senator Berger, to reconvene Tuesday July 1 at 2PM. Seconded by Senator Apodaca. All in favor say aye. Opposed, no. The ayes have it. Senate stands adjourned.