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Senate | July 10, 2014 | Chamber | Session

Full MP3 Audio File

Senate will come to order. Sergeant-at-Arms close the doors. Members, please go to your seats. Members and guests of the gallery, please silence all electronic devices. Leading the Senate in prayer is Reverend Peter Milner, Senate chaplain. All members and guests in the gallery, please stand. [SPEAKER CHANGES] Let’s pray together. Heavenly father, thank you so much for this day. As we come to you on this hot, sticky day we need you, as only you can do, to sustain us as we pray. Our prayer today is that we might follow you as Simon Peter was asked to do some 2,000 years ago. We know that there’s a cost to discipleship, Lord. We also know that you will carry us as we remain faithful to your commands. Come now, Lord Jesus, help us as we follow you. It’s in your name we pray. Amen. [SPEAKER CHANGES] Senator Berger is recognized for a motion. [SPEAKER CHANGES] Thank you, Mr. President. The journal of Wednesday, July 9th, 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 July 9th stands approved as written. Senators, we have leaves of absence granted today for Senators Allran, Parmon, Jenkins, Ford and Robinson. We do have a nurse of the day with us today. Septina Florimonte from Raleigh, North Carolina is with us. Nurse Florimonte, please stand and be recognized. Thank you for your service to the Senate. Senator McLaurin, for what purpose do you rise? [SPEAKER CHANGES] Thank you, Mr. President. Point of personal privilege out of order. [SPEAKER CHANGES] Senator, you have the floor. [SPEAKER CHANGES] Thank you very much. Members of the Senate, Mr. President, it’s a real honor for me today to introduce to you someone from my district, a constituent, someone I’ve known for many years who is here today with her family. I want to issue a senatorial statement in her honor. Her name is Mary O’Neal. Mary grew up in California, graduated from California Lutheran College, later earned a Master’s degree from East Carolina University. After college, Mary volunteered with the Lutheran World Brotherhood Exchange in Ethiopia and held several positions before marrying her husband Ed, who was later assigned to Fort Bragg. Her husband Ed served five tours of duty in Vietnam. Command sergeant major. He passed away in May, just a couple of months ago. Mary participated in many organizations through the years. She managed the local branch of the Employment Security Commission after working her way up through the ranks, starting as an interviewer at the ESC, later managing the facility in Richmond County, and in Anson County if I remember correctly. Through the years, Mary participated in a number of organizations dedicated to providing service to our veterans, including the VFW Post 4203 Auxiliary, Disabled American Veterans Auxiliary and AMVETS Ladies Auxiliary 316, of which she has been the president since 2006. Last year, Mary served as the state president of the AMVETS Auxiliary and this year she serves on the national executive committee as a representative for the North Carolina AMVETS Auxiliary. She’s worked to improve the lives of those in our community through her church, through various other boards, involvement councils, vocational advisory councils, literacy councils, social ministries and food ministries but today I honor, and ask you to join with me in honoring, Mary O’Neal for the service that she has rendered to our community and to our state, on behalf of veterans all across North Carolina. She is a true leader. She’s been a tireless advocate for veterans and I’m very proud that she is with us today. She was accompanied today by, and drove here from her home in Richmond County, by Mr. Lacy Shepherd, who was the

2011 State Commander of North Carolina AMVETs, and she has members of her family with her today. A tireless advocate for veterans, I’m proud to say that Mary O’Neal is with me and I’m so honored to have her, not only as a friend, but as someone who means so much to veterans all across our state. Thank you, Mr. President. [SPEAKER CHANGES] Thank you, Mr. Senator, and, upon the motion of Senator Gene McLaurin of Richmond County, the Chair is happy to extend courtesies of the gallery to Mrs. Mary O’Neal, the 2013 State President of North Carolina AMVETs and the 2014 National Executive Committee representative for NC AMVETs. Along with Mrs. O’Neal are her sons George O’Neal and Richard O’Neal and Mr. Lacy Shepherd, the 2011 State Commander of North Carolina AMVETs. Please stand and be recognized. Thank you for joining us in the Senate today. Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Motions, Mr. President. [SPEAKER CHANGES] Senator Apodaca has the floor for his motions. [SPEAKER CHANGES] Thank you, Mr. President, and I have multiple ones. On today’s calendar, Senate Bill 853, Business Court Modernization. Currently on today’s calendar, move that it be placed on Monday, July 14th’s calendar. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] Senate Bill 729, governing coal ash action plan. Currently on today’s calendar, move that it be placed on Monday the 14th’s calendar. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] Disapprove industrial commission rules. Currently on today’s calendar, I move that it be placed on Monday night’s calendar, July 14th. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] Thank you, Mr. President. Senate Bill 78, Law Enforcement Privacy/Public Websites. On today’s calendar for concurrence, ask that it be removed from today’s calendar and sent to Committee on Rules. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] House Bill 644, Prevent Hazardous Drug Exposure. Currently the Committee on Health Care. Ask that it be removed from Health Care and re-referred to Committee on Rules. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] House Bill 1245, Pleasant Garden Annex. Currently Committee on State and Local Government, ask that it be removed from State and Local and re-referred to Committee on Rules with a serial referral to Finance. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] Thank you, Mr. President. Senate Bill 105, Add Towns to State Health Plan is currently Committee on Insurance. Ask that it be removed from Insurance and referred to Committee on Rules. [SPEAKER CHANGES] Without objection, so ordered. That does bring us to the calendar for the day. The local bills, we have one local bill for concurrence, Senate Bill 846. The clerk will read. [SPEAKER CHANGES] Senate Bill 846. ?? annexation Southport OCC tax. [SPEAKER CHANGES] Senator Rabin is recognized. [SPEAKER CHANGES] Thank you, Mr. President, and members, I move we concur. [SPEAKER CHANGES] Senator Rabin asks that you concur. Is there any further discussion or debate? Hearing none, the question for the Senate is the motion to concur in the House Committee substitute to Senate Bill 846. There will be one electronic vote. All those in favor will vote aye, opposed will vote no. Five seconds will be allowed for the voting and the clerk will record the vote. [SPEAKER CHANGES] Brown, aye. 45 having voted affirmative and zero in the negative, the Senate concurs and House Committee substitute to Senate Bill 846 will be enrolled. [SPEAKER CHANGES] On public bills we have one conference report for adoption. Senate Bill 812. The clerk will read. [SPEAKER CHANGES] Senate Bill 812. Replace CCSS with North Carolina’s high-end academic standards. [SPEAKER CHANGES] Senator Tillman is recognized. [SPEAKER CHANGES] Thank you, Mr. President. This basically goes back to the Senate version and it will replace the common core standards with the North Carolina standards set up by a North Carolina standards commission. 11 members to be named by the President Pro Tempore and by the Speaker and a couple of the appointments by the State Board of Education and it will put these standards in North Carolina’s hands and take them out of the federal conglomeration of states. That’s basically what it does. I ask you

vote for the conference report to adopt. [SPEAKER CHANGES] Senator Tillman asks that you vote to adopt. Senator Stein, for what purpose do you rise? [SPEAKER CHANGES] To speak to the conference report. [SPEAKER CHANGES] Senator Stein, you have the floor. [SPEAKER CHANGES] Thank you, Mr. President. I want to thank Senator Tillman for prevailing in the conference negotiations, because the House bill was worse than the Senate bill. It is a backhanded compliment. I don’t think that we need to be voting for something that’s less bad, however, so for the reason I opposed the bill when it came through the first time, I’m going to be opposing it again this time. I think it introduces instability to our educators at precisely the wrong time and I don’t think we need to fear high standards for our kids and for our teachers. I think they can meet them. I think this is legislation based on fear and will therefore be voting against it, just as I did the time before. [SPEAKER CHANGES] Is there any further discussion or debate? Senator Tillman, for what purpose do you rise? [SPEAKER CHANGES] Just one brief reply to my good friend, Senator Stein. [SPEAKER CHANGES] Senator Tillman, you have the floor. [SPEAKER CHANGES] If you like what we have, and about 55% of the people do not--who finally woke up after about 3 years of not knowing what those standards said--and, if you choose to read those standards, you’ll find they’re too weak in upper-level math and highly inappropriate for lower-level math. If you like Senator Stein’s idea then you’ll love the federal approach, but I like the North Carolina brand and I trust this commission that was set up to make these more rigorous in most places, and certainly more appropriate for North Carolina. You will see other states, as we have seen five were pretty smart and knew what they were doing to start with and didn’t choose to go this route. You’ve got about ten more that are, right now, in the process of getting out. Some already have: Indiana, Tennessee is getting out, Florida has changed it, and South Carolina, so there are many others now that will be doing this and I believe that we’re going in a better direction for North Carolina. I think it’s a good bill. [SPEAKER CHANGES] Is there any further discussion or debate? [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator McLaurin, for what purpose do you rise? [SPEAKER CHANGES] Thank you, Mr. President. To see if Senator Tillman would yield to a question. [SPEAKER CHANGES] Senator Tillman, do you yield? [SPEAKER CHANGES] Certainly. [SPEAKER CHANGES] Thank you. Senator Tillman, I understand your point, and I think we all agree we need certain standards, but, unfortunately, this has kind of become somewhat of a political football going back and forth. You mentioned, and this is for point of clarification, my question is, are we repealing the standards? Is that what we’re doing in this case, or are we just saying that some of the standards may stay in place after this commission reviews them? If you could elaborate and give some clarification on whether this is a repeal or not. [SPEAKER CHANGES] Good question, senator. Section 3A, it’s clearly stated that it repeals the common core standards. What we do have is not the harsher ban that the House had, where you couldn’t consider one single standard from the common core, they’ve got some good and rigorous standards and I’m sure that we probably will adopt some. This keeps those standards in place until the commission, which will be appointed and seated by September and make a report by December. I hope early in the spring for the ‘15-’16 school year we’ll have standards in place, but, yes, repeal. Now, the title says replace but, either one, we’re putting it in our hands and taking it out of the federal hands. Everything will continue just like it has until we get the new set of more rigorous standards. [SPEAKER CHANGES] Any further discussion or debate? Hearing none, the question for the Senate is the motion to adopt the Conference Committee substitute to Senate Bill 812. There will be 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. [SPEAKER CHANGES] ?? aye. 34 having voting in the affirmative and 11 in the negative, the Senate does adopt the Conference Committee substitute to Senate Bill 812 and the House will be notified. That wraps up our calendar for today, senators. If we have any notices or announcements. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Meredith, for what purpose do you rise? [SPEAKER CHANGES] Thank you, Mr. President. Mr. President, I’d like to change my vote on Senate Bill 846 from aye to no. [SPEAKER CHANGES] Senator Meredith changed from aye to no. Final count is 44 to 1. Senator Bryant. [SPEAKER CHANGES] I’d like to change my vote on Senate Bill 812 from aye to no. [SPEAKER CHANGES] Senator Bryant changes from aye to no.

no on 812. Final count 33 to 12. Do we have any notices or announcements today? Senator Apodaca, for what purpose do your rise? [SPEAKER CHANGES] Announcement. [SPEAKER CHANGES] Senator Apodaca, you have the floor. [SPEAKER CHANGES] Thank you, Mr. President. Members, I want to let you know that next week, starting Tuesday morning, Rules Committee will be meeting every morning at 9 a.m. of next week. We’ll be starting our end of the session time, running bills through as quickly as possible to get out of here, to hear them thoroughly and then get out of here. Senator Stein, I hope you’re there to help us, so I want everybody to get rested this weekend and come back next week. Get ready to work. Have a good weekend and a safe one. [SPEAKER CHANGES] Senator Rucho, for what purpose do you rise? [SPEAKER CHANGES] Mr. President, I would also like to change my vote on Senate Bill 846 from aye to nay. [SPEAKER CHANGES] Senator Rucho from aye to nay on 846. Final count 43 to 2. Senator Tucker, for what purpose do you rise? [SPEAKER CHANGES] Mr. President, appropriate moment of personal privilege. [SPEAKER CHANGES] Senator, you have the floor. [SPEAKER CHANGES] Ladies and gentlemen of the Senate, I just want to remind you to be prayerful about our friends in Israel. Israel is under attack from Hamas. In the Gaza there is a missile launched every 10 minutes at the Jewish population in Israel. They’re our only ally in the Middle East and I ask for your prayers, consideration and support for those people who are enduring this, on either side of the border. There’s a current operation for a ground attack to go deep into Gaza. Obviously men, women and children will be at risk on both sides of the border. It’s a time of solemn thoughts on being able to support Israel to be able to defend themselves. As many of you know, Israel is no bigger than the state of New Jersey and totally surrounded by people who want to eliminate the state of Israel and I, as a senator from North Carolina, stand in staunch support for those people. Thank you. [SPEAKER CHANGES] Thank you, Senator. Do we have any other notices or announcements? Is there any further business to come before the Senate? If not, the Chair recognizes Senator Berger. [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 resolution, ratification of bills, and the appointment of conferees, to reconvene on Monday, July 14th, 2014 at 7 p.m. [SPEAKER CHANGES] The motion is that the Senate do now adjourn, subject to the stipulations stated by Senator Berger, to reconvene Monday, July 14th at 7 p.m, seconded by Senator Goolsby. All in favor say aye, opposed no. The ayes have it. The Senate stands adjourned.