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Senate | July 1, 2014 | Chamber | Tuesday Proceedings

Full MP3 Audio File

Senate will come to order. Sergeant-At-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, our Senate Champlain. All members and guests in the gallery will please stand. [SPEAKER CHANGES] Heavenly Father, Lord of every nation, we look towards celebrating the marker of our independence this week, and we pause to honor men and women who have served, and by doing that, we honor you. These men and women gave their lives. Their testimony was their lives, not just their lips, and we pray that all over this land there may be a return to faith where we trust you with everything. Even as those in the past faced the dangers and peril of the frontier – crossing the continent, building cabins, rearing families, making ends meet – and also in raising a standard of faith to which men have been willing to repair down through the ages. And Lord, you did say in your word that we were ready to share with you not just the gospel, but also our own selves, and so may we in this Senate share our very selves on this day in July. And Lord of Hosts, forgive us, Oh God. By thy guidance and thy power may our beloved land once again become God’s country – a nation contrite in heat, confessing her sins, keenly sensitive to all the unresolved injustice and wrong still in our midst. Hear this our prayer, oh Lord, that we may confidently expect to see it answered in our time. For Jesus Christ, our Lord. Amen. [SPEAKER CHANGES] Senator Berger’s recognized for a motion. [SPEAKER CHANGES] Thank you, Mr. President. The journal of Monday June the 30th 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 30th stands approved as written. Senators, we have a leave of absence granted today for Senator Parmon. We also have a nurse of the day with us today. Lucerine McZeek from Raleigh North Carolina is with us. Nurse McZeek, please stand and be recognized. Thanks for your service to the Senate today. Senator Hartsell, for what purpose do you rise? [SPEAKER CHANGES] A moment of personal privilege out of order. [SPEAKER CHANGES] Senator Hartsell has the floor for a moment of personal privilege out of order. [SPEAKER CHANGES] Thank you, Mr. President. Members of the Senate, you will not on your calendar today that the prayer was to have been given by Mr. Paul Harmon, with the Pledge of Allegiance by Major General Leslie Purser of the 108th Training Command. Unfortunately Mr. Harmon became ill last evening and is unable to attend, such that we will not be able to observe an extraordinarily important event. Mr. Harmon’s a 92-year-old gentleman from Cabarrus County who was shot down in the Second World War, member of the greatest generation who was to have received a number of medals 60 plus years ago but had not. Major General Purser saw to it that this was to have taken place. As a result, that was to have taken and the declaration of those medals was to have been today, including his family and others. Unfortunately he is not going to be here and we will not observe Mr. Harmon, a member of the greatest generation, receiving the distinguished Flying Cross with two bronze oak leaf clusters, the Purple Heart and the Air Medal. He also, after his being shot down, was a prisoner of war for a number of months toward the end of the Second World War. Regrettably this will not occur, but in his honor I would ask, Mr. President, that we would adjourn in his honor today. Thank you very much. [SPEAKER CHANGES] Thank you, Senator. Ratification of bills. Clerk will read. [SPEAKER CHANGES] Enrolled bills. The enrolling Clerk reports the following bills duly ratified for presentation to the Governor: Senate Bill 761, An Act to Enhance the Effectiveness of

?? license of military service members and veterans to direct the board of governors of the university of North Carolina and state board of community colleges to submit a plan to ensure that college credit are uniformly granted to students with military training. House Bill 1052, an act to adjust the utility regulatory fee to reflect a change in regulatory climate for the telecommunications industry as recommended by the LRC committee on the assessment of regulated and non-regulated industry utility fees. House Bill 1117, an act to confirm the law governing the pledge of joining credit unions, savings and loan associates and saving bank to the law governing the pledge of joining accounts and banks as recommended by the general statutes commission. House Bill 1182, an act to authorize acquisition or construction in the financing without appropriations from the general fund or certain capital improvement projects of the ?? institution or university of North Carolina. [SPEAKER CHANGES] Senators, that takes us to our calendar for today. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Motions relative to today’s calendar. [SPEAKER CHANGES] Senator Apodaca has the floor for his motions. [SPEAKER CHANGES] Mr. President, House Bill 369, criminal law changes currently on today’s calendar. Ask that it be removed and placed on, let’s do it a week from today, July 9th. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] House Bill 663, defined practice of laws, currently on today’s calendar. I move that it be removed and be placed on Wednesday, July 9th’s calendar. [SPEAKER CHANGES] Without objection, so ordered. Senators, we’ll move right into the calendar, starting with local bills, second reading, Senate Bill 877. Clerk will read. [SPEAKER CHANGES] Senate Bill 877, exempt time share rules against perpetuities. [SPEAKER CHANGES] Senator Cook is recognized to speak to the bill. [SPEAKER CHANGES] I’d like to introduce an amendment. [SPEAKER CHANGES] Senator Cook, you can send forth your amendment. The clerk will read. [SPEAKER CHANGES] I believe he has it. [SPEAKER CHANGES] Senator Cook moves to amend the bill. [SPEAKER CHANGES] Senator Cook is recognized to explain the amendment. [SPEAKER CHANGES] This amendment converts this bill from a local to public. This change will allow certain time share owners in other parts of our state to share in the benefits of this proposed legislation. This amendment and the bill has been vetted by the North Carolina bar association. I know of no opposition. [SPEAKER CHANGES] Do we have any discussion or debate? Hearing none, the question before the Senate is the adoption of amendment 1. All in favor vote aye. Opposed vote no. Five seconds will be allowed for the voting. The clerk will record the vote. [PAUSE] McKissick, aye. Robinson, aye. Bingham, Tillman, aye, aye. Tart, Van Duyn, aye, aye. 49 having voted in the affirmative and zero in the negative, amendment 1 is adopted. The bill, as amended, is back before the body. Senator Cook is recognized. [SPEAKER CHANGES] Thank you sir. Put simply, this bill will allow certain time share owners to overcome the rule against perpetuities, and thus maintain the ownership rights that they currently enjoy. Bill 877 will allow board of directors of time shares organized prior to the enactment of the North Carolina time share act to amend their declarations such that individual time share ownership rights do not automatically convert into tenancy and common ownership. In other words, absent this law, time share owners with declarations dated prior to July 1, 1984, which have tenancy and common conversion provisions, would lose their individual time share ownership rights. This bill will protect those rights. I ask your support. [SPEAKER CHANGES] Senator Goolsby, for what purpose do you rise? [SPEAKER CHANGES] Mr. President, I’d like to know if Senator McKissick would yield for a question? [SPEAKER CHANGES] Senator McKissick, do you yield for a question? [SPEAKER CHANGES] I will. [SPEAKER CHANGES] Senator, would you explain the rule against perpetuities for this body? [LAUGHTER] [SPEAKER CHANGES] It deals with the vesting of an interest in real estate beyond the point of time when it’s 21 years or older. It goes back to an arcane principle. It’s part of the common law of England. Notwithstanding that fact, I support this bill and believe it’s absolutely necessary ?? to clarify present law. [LAUGHTER AND APPLAUSE] [SPEAKER CHANGES] Thank you Senator. IS there any further discussion or debate? Hearing none, the question before the Senate is the passage of the Committee Substitute to Senate Bill 877 as amended, on its second reading. All in favor vote aye. Opposed vote

5 seconds be allowed for the voting, clerk will record the vote. Apodaca, aye. 49 having voted in the affirmative, and 0 in the negative, committee substitute Senate bill 877, as ammeded, passes its second reading without objection and 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 Senate bill 877 as ammended on its third reading, all in favor say "aye"? [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed, no? The "aye"s have it. Committee substitute Senate bill 877, ammended, passes its third reading. The ammendment will be engrossed and it will be sent to the House. Moving on to public bill, second reading, House bill 1025, the clerk will read. [SPEAKER CHANGES] House bill 1025, DOT DMV changes. [SPEAKER CHANGES] Sen. Harrington is recognized to speak to the bill. [SPEAKER CHANGES] Thank you Mr. President. House bill 1025 contains provisions that were approved unanimously by a joint legislation of transportation oversight, transportation policy committee or both, and were requested by the department of transportation or the ethics commission, I know of know opposition, I appreciate your support. [SPEAKER CHANGES] Do we have any discussion or debate? Hearing none, the question before the Senate is the passage of committee substitute House bill 1025, on its second reading. All in favor vote "aye", opposed to vote "no". 5 seconds to be allowed for the voting, the clerk will record the vote. Apodaca, aye. 49 having voted in the affirmateive and zero in the negative, Senate committee substitute to House bill 1025 passes its second reading without objection, and will be read a third time. [SPEAKER CHANGES] North Carolina general assembly enacts. [SPEAKER CHANGES] Do we have any discussion or debate? Hearing none, the question before the Senate is the passage of committee substitute House bill 1025, on its third reading. All in favor will say "aye". [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed, "no"? The "aye"s have it, Senate committee substitute to House bill 1025 passes its third reading, ti will be sent to the House for concurrence in the committee Senate substitute. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Sen. Apodaca, for what purpose do you ask? [SPEAKER CHANGES] Motion. [SPEAKER CHANGES] Sen. Apodaca has the floor for a motion. [SPEAKER CHANGES] Thank you Mr. President. Next bill on calendar, HB 1027, DWI interlock, I move that it be removed from the day's calendar and referred to committee on rules. [SPEAKER CHANGES] That objection, so ordered. House bill 1048, clerk will read. [SPEAKER CHANGES] House bill 1048, AG selection criteria, NCNG ammendments. [SPEAKER CHANGES] Sen. Soucek, Sen. Rabin is recognized. [SPEAKER CHANGES] Yes sir, thank you. This bill is the result of the work of a joint legislative research committee during the summer. It sets up basically four criteria for future selections of Adjutant General as well as State. One is federal recognition, one is command time, which we believe is essential, another is time in the National Guard so they understand the fabric and culture of the institution, and then finally the education of going to the war college. I ask your passage of the bill. Thank you. [SPEAKER CHANGES] Do we have any discussion or debate? [SPEAKER CHANGES] Sen. Soucek, for what purpose do you rise? [SPEAKER CHANGES] To speak briefly on the bill and then offer an ammendment. [SPEAKER CHANGES] Senator, you have the floor to speak to the bill. [SPEAKER CHANGES] Thank you Mr. President. Members of the Senate, I just wanted to briefly thank Senators Meredith and Rabin for the work they did in the study committee on something that's really important, to make sure that we have a commanding General of the national guard who is qualified and able to serve in that important capacity. And at this time I'd like to send forth- [SPEAKER CHANGES] Send forward your ammendment. [SPEAKER CHANGES] Oh, it's on the dashboard. [SPEAKER CHANGES] Clerk will read. [SPEAKER CHANGES] Sen. Soucek moves to ammend the bill. [SPEAKER CHANGES] Sen. Soucek is recognized to explain the ammendment. [SPEAKER CHANGES] This simply takes out a small portion that was giving some flexibility for construction, it's something that's in the House, the Senate budget, we were trying to make sure it got through because it's important, but it did change financial portions of it so we thought just keeping it in the budget was the best way and I urge your support. [SPEAKER CHANGES] Is there any discussion or debate? Hearing none ,the question before the Senate is the adoption of ammendment 1, all in favor vote "aye", opposed to vote "no", 5 seconds be allowed for the voting and the clerk will record the vote. [SPEAKER CHANGES] Barringer, Aye. 49 having voted in the affirmative and 0 in the negative, ammendment 1 is adopted, the bill as ammended is back before the body, is there any further discussion or debate? Hearing none, the question before the Senate is the passage of the Senate committe substitute to House bill 1048 as ammended on a second reading. All in favor vote "aye", opposed to vote "no", 5 seconds to be allowed for the voting and the clerk will record the vote. 49 having voted in the affirmativne and 0 in the negative, the Senate committee substitute to House bill 1048 as ammended passes its second reading without objection, and will be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Any further discussion or debate? [SPEAKER CHANGES Mr. President would it be possible, there was one technical ammendment we wanted

Can I object to the third reading, and we can fix that? [SPEAKER CHANGES] Senator Soucek objects, and we will place it back on the calendar. [PAUSE] We have one public bill, third reading. Senate Bill 773. Clerk will read. [SPEAKER CHANGES] Senate Bill 773, implement ?? recommendations. [SPEAKER CHANGES] Senator Hartsell is recognized. [SPEAKER CHANGES] Thank you, Mr. President and members of the Senate. I’d like to send forward an amendment. It is on the dashboard. [SPEAKER CHANGES] Senator Hartsell, you can send forth your amendment. Clerk will read. [SPEAKER CHANGES] Senator Hartsell moves to amend the bill. [SPEAKER CHANGES] Senator Hartsell’s recognized to explain the amendment. [SPEAKER CHANGES] Again, it does not involve Caberas County. I would mention that what the amendment does is simply permit interactive video teleconferencing between a ?? facility and a courtroom. It’s done occasionally in some cases but it’s, if a facility doesn’t require it, it just permits it. I would commend it to you. [SPEAKER CHANGES] Is there any discussion or debate? 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. The clerk will record the vote. [PAUSE] 49 having voted in the affirmative and zero in the negative, amendment 2 is adopted. The bill is amended and is back before the body. Is there any further discussion or debate? Hearing none, the question before the Senate is passage of the Committee Substitute to Senate Bill 773 as amended on its third reading. All in favor vote aye, opposed vote no. Five seconds will be allowed for the voting. The clerk will record the vote. [PAUSE] 49 having voted in the affirmative and zero in the negative, Committee Substitute to Senate Bill 773 as amended passes its third reading. The amendment will be engrossed and it will be sent to the house. We have one vote for concurrence. Senate Bill 614. Clerk will read. [SPEAKER CHANGES] Senate Bill 614, military lands protection act. [SPEAKER CHANGES] Senator Brown is recognized to speak to the motion. [SPEAKER CHANGES] Thank you Mr. President. This is the bill that deals with lands surrounding military bases and also gets into the public records and open meetings process as we work through the ?? process. There’s a date issue that we need to correct in conference, so I will ask that you not concur so we can fix that date. [SPEAKER CHANGES] Senator Brown asks that you do not concur on the motion. Is there any further discussion or debate? Hearing none, the question before the Senate is to concur on the House Committee Substitute to Senate Bill 614, and be done by electronic vote. All in favor vote aye, opposed vote no. Five seconds will be allowed for the voting. The clerk will record the vote. [PAUSE] 2 having voted in the affirmative and 47 in the negative, the Senate does not concur in the motion of House Committee Substitute to Senate Bill 614 and the House will be notified. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Ford, for what purpose do you rise? [SPEAKER CHANGES] Change my vote to no. [SPEAKER CHANGES] Senator Ford changes his vote to no. Final count 48 to 1. Yeah. Senator Daniel, for what purpose do you rise? [SPEAKER CHANGES] On the advice of counsel to my right, I would like to change my vote to no. [SPEAKER CHANGES] [LAUGHTER] Final vote count is 0 to 49. That wraps up the calendar for this afternoon. Do we have any notices or announcements? Any notices or announcements? Do we have any, Senator Pate, for what purpose do you rise? [SPEAKER CHANGES] To make an announcement of conferees, Mr. President. [SPEAKER CHANGES] Senator Pate, you have the floor for your announcement. [SPEAKER CHANGES] Thank you Mr. President. The following conferees are noticed. Item 1, Senate Bill 793, charter school modifications. Senator Berger has appointed Senator Tillman as chair, Senators Soucek, Daniel and Rabon of Brunswick as members of the conference committee on Senate Bill 793, charter school modifications. Announcement 2, Mr. President? [SPEAKER CHANGES] You have the floor, Senator. Senate Bill 648, North Carolina commerce protection act of 2014. Senator Berger has appointed Senator Jackson of Samson as chair. Senators Rucho, Bangor and Apodaca as members of the conference committee on Senate Bill 648, North Carolina protection act of 2014. Thank you, Mr. President. [SPEAKER CHANGES] Thank you Senator. Do we have any other notices or announcements? Senator Brown, for what purpose do you rise? [SPEAKER CHANGES] An announcement. [SPEAKER CHANGES] Senator Brown, you have the floor. [SPEAKER CHANGES] Republicans will caucus immediately after session. [SPEAKER CHANGES] Senator Soucek, for what purpose do you rise?

announcement. [SPEAKER CHANGES] Senator Soucek, you have the floor. [SPEAKER CHANGES] Thank you, Mr. President. On Wednesdays at 12:30 we do have a chapel right in the chapel service right between the two chambers. Senator Hunt will be leaving us and I urge you all to attend. 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 in honor of Paul R. Hallman Senior, subject to messages from the House and the Governor, 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 Wednesday July 2nd, 2014 at 2 pm. [SPEAKER CHANGES] The motion's the Senate do now adjourn subject to the stipulations stated by Senator Berger to reconvene Wednesday, July 2nd at 2 pm, seconded by Senator Randleman. All in favor say aye. Opposed No. They ayes have it. The Senate stands adjourned.