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Senate | July 26, 2013 | Chamber | Final Summer Session

Full MP3 Audio File

Senate will come to order, the Sergeant-at-arms will close the doors. Members will go to their seats. Members and guests of the gallery will please silence all electronic devices. Leading the Senate in prayer is Sen. Sanderson, all members and guests in the gallery will please stand. [SPEAKER CHANGES] Please join me as we pray. Lord in the book of Psalm 191, you tell us this: He that dwelleth in the secret place of the most High shall abide forever under the shadow of the Almighty. I will say of the Lord he is my refuge and my fortress, my God in Him will I trust. Lord you are our refuge and our fortress, in you alone do we put our trust. We give you thanks, we sing praises unto your name. You are God alone there is no other. We will make your name known and your deeds among the people. Please receive our prayer through the sacrifice of your son, Jesus. Amen. [SPEAKER CHANGES] Sen. Berger is recognized for a motion. [SPEAKER CHANGES] Thank you Mr. President. The journal of Thursday, July 25th, 2013 has been examined and been 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 25th stands approved as written. Leaves of absence are granted for: Senators Bingham, Hartsell, Tillman, Walters, Blue, Jim Davis, Jenkins, Clodfelter and Brock. Ratification of bills, the clerk will read. [SPEAKER CHANGES] Enrolled bills. Enrolling clerk ?? the following bills duly ratified for presentation to the Governor. Senate bill 353, an act to modify certain laws pertaining to abortion, to limit abortion coverage under health insurance plans offered under a health benefit exchange operating in North Carolina or offered by a county or municipality, prohibit a person from performing or attempt to perform an abortion when the sex of the unborn child is a significant factor in seeking the abortion. To direct the department of Health and Human Services to ammend rules and conduct a study pertaining to clinics certified by the Department of Health and Human Services to be suitable facilities for the performance of abortions, to ammend the womens' right to no act, and to increase penalties funds safe movement by drivers that threaten the property and safety of motorcyclists. Senate bill 354, an act to revise the responsibilities of the state auditor by removing the state auditor from ex official membership from the committee on accuarial evaluations of retired employees health benefits and by solidifying the state auditor's role in auditing schools in the University of North Carolina system. Senate bill 368, an act to provide for $10 copay for prescription medication dispensed in a county jail, to provide the pistol permit fee to be an application fee, and to make it a felony to escape from a county facility when charged with and being held for larceny. Senate bill 409, an act to ammend procedures, clarify costs and attorney fees, provisions applicable when relief is not ordered in chapter 50b protective order and chapter 50c, no contract order cases and to provide for an attorney's fees upon a grant of release in chapter 50c cases. Senate bill 480, an act to authorize acquisition of construction and financing without appropriation from the general fund of certain capital improvement projects of the constituent institution of the University of North Carolina. Senate bill 558, an act to ammend the law governing a state treasurer's authority with regard to special funds held by the treasurer. House bill 392, an act requiring a county Department of Social Services, DSS, to verify whether an applicant or recipient of temporary assitance for needy families, TANF, benefits a food and nutrition service, FNS, benefits a fleeing felon on probation or parole violator to direct interagency cooperation and information sharing in order to verify the eligibility status of an applicant or recipient, to deny TANF or FNS benefits to an applicant or recipient who is a fleeing felon, or a probation or parole violator, and to require drug screening and testing for certain applicants and recipients that

...progam assistant. House Bill 552, An Act to Provide a Procedure to Remove an Area From County Service District. House Bill 786, An Act to Require the Department of Public Safety to Study Measures for Addressing the Problem of Illegal Immigration in this State and to Clarify Which Employers are Subject to the State's E-Verify Laws. [SPEAKER CHANGES] Senator Brunstetter, do you have motion for me? [SPEAKER CHANGES] I do, Mr. President. House Joint Resolution 1023, the Adjournment Resolution. I'd like to move that we move that to the end of the calendar. [SPEAKER CHANGES] Without objection, so ordered. For concurrence, third reading roll call. Senate Bill 315. [SPEAKER CHANGES] Senate Bill 315, Municipal Services. [SPEAKER CHANGES] Any further discussion or debate? Hearing none, the question before the Senate on third reading is the House Committee Substitute to Senate Bill 315. All those in favor will vote aye, opposed vote no. Five seconds to be recorded, be given. The Clerk will record the vote. All right. Senator Newton, aye. Thirty-three in the affirmative. Senator Stein, is that a no? Senator Stein, no. Who we got? Senator Tucker, aye. Everybody else in? Raven, aye. Senator Meredith, no. OK, everybody in? Thirty-four favorable, seven in the negative. Senate Bill 315 passes third reading and will be engrossed, enrolled and sent to the Governor. Senate Bill 553, conference report. [SPEAKER CHANGES] Senate Bill 553, LME MCL Enrollee Grievances and Appeals. [SPEAKER CHANGES] Third reading, any further discussion or debate? Hearing none, the question before the body is the passage of the conference report for Senate Bill 553 on its third reading. All in favor vote aye, oppose the vote, no. Five seconds will be allowed for the voting. The Clerk will record the vote. Senator Newton, aye. Berger, aye. Thirty-nine in the affirmative, two in the negative. Third reading of Senate Bill 553 passes conference report, will be adopted and the House will be notified. House Bill 74 conference report. [SPEAKER CHANGES] House Bill 74, Regulatory Reform Act of 2013. House Bill 74, its third reading. Any further discussion or debate? [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Hise, for what purposed do you rise? [SPEAKER CHANGES] Speak on the motion. [SPEAKER CHANGES] The Senator has the floor. [SPEAKER CHANGES] Thank you, Mr. President. Members, I know before I'd ask that you voted for it. That was very much conditional because I believe that if we vote it down, we could have made some changes. That's obviously no longer the case. So I will be supporting this and ask that you support it. I think the regulatory reforms that are in here are very important. I would just, I merely ask, we're going to be back in several months and I have spoken to many of you and hope that we can work to correct some serious problems I think we have with student judicial on campus now. So, with that being said, thank you. [SPEAKER CHANGES] Any other debate? [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Barringer, for what purpose do you rise? [SPEAKER CHANGES] To ask the bill's sponsor a question, if he'll yield? [SPEAKER CHANGES] I'll yield. [SPEAKER CHANGES] Senator Jackson? Go ahead, Senator. [SPEAKER CHANGES] Thank you, Mr. President. My concerns relate to the part about the university honor system and if I could get some clarification I would appreciate it. There's language in there that says fully staffed by students. One of the clarifications I'm seeking is the UNC system, some of the schools do commonly use faculty and staff in reviewing appeals. Would that violate the fully staffed by students? What participation can faculty have in an advisory or otherwise? Do you have any information there? [SPEAKER CHANGES] Mr. President, Senator Barringer, to my understanding of this it would only apply to those that use all students. [SPEAKER CHANGES] Thank you. A follow up, please?

Follow up CHANGE SPEAKER Yes CHANGE SPEAKER Also, do I have any other questions? No, I don't. I'm through. A comment please? CHANGE SPEAKER The senator as the floor. CHANGE SPEAKER I also joined with Senator Hies with some concerns about this bill, particularly related to this section, however this bill is a good bill, it's full of some wonderful regulatory reform and I will be voting for it, and so I also join with Senator Hines and some concerns that we have and hopefully we can work some of those out in the future, and thank you very much Senator Jackson. CHANGE SPEAKER Any further discussion or debate? Hearing none, the question for the Senate is passage of House Bill 74 on its third reading conference report. All those in favor vote aye, opposed vote no. The clerk will set 5 seconds for the vote and record the vote. Aye. 27 in the affirmative, 14 in the negative. The conference for House Bill 74 passes its third reading and will be adopted and the house will be notified. We'll stand at ease just a moment. Introduction of Bills. The clerk will read. CHANGE SPEAKER Introduction of Bills: Senate resolution 727. Senate resolution providing for the confirmation of appointments made by the governor to the board of agriculture. Senate resolution 728. Senate resolution providing for the confirmation of appointments made by the governor to the board of trustees of the North Caroline teachers and state employees retirement system. CHANGE SPEAKER Senator Bronstetter. CHANGE SPEAKER Mr. President senate resolution 727 and senate resolution 728 just read in. I ask that they be brought before us for immediate consideration. CHANGE SPEAKER Let's start with 727 first. CHANGE SPEAKER Senate resolution 727. Senate resolution providing for the confirmation of appointments made by the governor to the board of agriculture. CHANGE SPEAKER Senator Bronstetter to explain the resolution? CHANGE SPEAKER I believe that Senator Jackon's going to explain the resolution. CHANGE SPEAKER Senator Jackson, you have the floor. CHANGE SPEAKER Thank you, Mr. President. This is actually just the annual appointment or biannual appointment of members to the board of agriculture our committee met and we vetted these members and I'll be glad to answer any questions or rattle off the names or I just appreciate your support, thank you. CHANGE SPEAKER I believe they're on the dashboard. Any discussion on the appointments? Hearing none, the question for the senate's the motion to adopt the appointees for the board of agriculture. All those in favor will vote aye. Opposed votes will be allowed for the voting. The clerk will tally the votes. Aye. 41 in the affirmative, none in the negative, the adoption passes for the new appointees to the agriculture board. CHANGE SPEAKER 728 The clerk will read. CHANGE SPEAKER Senate resolution 728. Confirm appointments retirement board. CHANGE SPEAKER Senator Hies. CHANGE SPEAKER Thank you Mr. President, these are the governor's appointments for the retirement board. Some great individuals that represent some diverse backgrounds and parts of the state. Ask for you approval. CHANGE SPEAKER Any further discussion or debate. Hearing none, the question for the senate is the adoption of the motion for the state retirement board. All in favor will vote aye, opposed will vote no The clerk will give 5 seconds for the vote, the vote will be recorded. Aye. Sanderson. CHANGE SPEAKER Aye. CHANGE SPEAKER Wade. CHANGE SPEAKER Aye. CHANGE SPEAKER Sucheck CHANGE SPEAKER Aye. CHANGE SPEAKER 41 in the affirmative, 0 in the negative. Motion to adopt is, passes and adopted, the members to the state retirement system. CHANGE SPEAKER Mr. President. CHANGE SPEAKER Senator Bronstetter, for what purpose do you rise? CHANGE SPEAKER I think we're waiting on a few items from the house if we could just stand at ease at our desks please.

Senate will stand at ease. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Barringer we're going to cut your mic off pretty soon. For what purpose do you rise? [SPEAKER CHANGES] I have a point of personal privileged out of order. [SPEAKER CHANGES] I think now's the time. Senator has the floor. [SPEAKER CHANGES] Thank you very much. On behalf of myself and Senator Warren Daniel, I would like to share with you the exciting news that my hometown of Shelby in Cleveland county, actually I'm from Patterson Springs, but the nearby town Shelby, is the permanent home of the 2013 Baseball World Series and its going to be held on August 16th to the 20th. This is the World Series for the American Legion Baseball. It's a very big deal across the country. Legion baseball has been a wonderful, wonderful influence on many, many players and many or most of the players in the Major League played American Legion ball. I love my home area as much as I do my adopted home, it is the home of Legion ball and liver mush. I have sent forward this senatorial statement and I hope you join myself and Senator Daniel in congratulating Cleveland County. [SPEAKER CHANGES] Thank you Senator. We'll stand at ease for a moment. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Berger, for what purpose do you rise? [SPEAKER CHANGES] To make an announcement. [SPEAKER CHANGES] Senator has the floor. [SPEAKER CHANGES] Members of the Senate, it appears we have, and this number could change, it appears we may have three more bills. One is the Charlotte Airport bill that should be here, I think we'll be able to take care of that in just a few minutes. The second is the Jordan Lake rules bill, which I believe we have that one as well. I think there is a third bill that we don't quite have yet for us to take care of so, once we have things in place we should be ready to get started. Just for your purposed, hopefully we can wrap this up within the next little, little bit. [SPEAKER CHANGES] Come to order. Messages from the House. The clerk will read. [SPEAKER CHANGES] Message from the House: Senate Bill 380 House committee substitute. AN ACT TO CREATE THE CHARLOTTE DOUGLAS INTERNATIONAL AIRPORT COMMISSION UNDER THE CITY OF CHARLOTTE. Rules Senate placed on the calendar July 26. Senate Bill 515, House committee substitute. AN ACT TO DELAY ADDITIONAL IMPLEMENTATION OF THE JORDAN LAKE RULES AND JORDAN LAKE SESSION LAWS AND PROVIDE FOR ALTERNATIVE IMPLEMENTATION OF THE PROTECTION OF EXISTING BUFFERS RULEs. Senate Bill 473 House committee number 2 AN ACT TO AMEND THE PROVISIONS OF HOUSE BILL 834 RELATED TO HEALTH CARE COST REDUCTION AND TRANSPARENCY AND FAIR HEALTH CARE BILLING AND COLLECTIONS PRACTICES; AND TO ALLOW THE SPEAKER OF THE HOUSE AND PRESIDENT PRO TEMPORE OF THE SENATE, AS AGENTS OF THE STATE, TO JOINTLY INTERVENE ON BEHALF OF THE GENERAL ASSEMBLY IN ANY JUDICIAL PROCEEDING CHALLENGING A NORTH CAROLINA STATUTE OR A PROVISION OF THE NORTH CAROLINA CONSTITUTION. [SPEAKER CHANGES] Calendar. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Brunstetter for what purpose do you rise? [SPEAKER CHANGES] Calendar motions. [SPEAKER CHANGES] Senator has the floor. [SPEAKER CHANGES] The three bills just read in, Senate Bill 380 Charlotte Douglas International Airport, Senate Bill 515 Jordan Lake Water Quality Act, and then Senate Bill 473 Health Cost Transparency. I move that the rules be suspended and be placed on the calendar for immediate consideration. [SPEAKER CHANGES] Without objection, so ordered. Let's start with 380 and probably need a motion. Senator Brunstetter allow Senator Cohen on the floor. [SPEAKER CHANGES] Mr. President I hate that our standards have fallen this far, but i move the rules be suspended so that Mr. Cohen can join Mr. Rucho. [SPEAKER CHANGES] I would love to object but without objection, so ordered.

Let's start with 380. Senate Bill 380. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Rucho, can I help you? [SPEAKER CHANGES] Is he... [SPEAKER CHANGES] Yes, he's going to read it and we'll get with it. [SPEAKER CHANGES] Senate Bill 380 CHARLOTTE DOUGLAS INTERNATIONAL AIRPORT COMMISSION. [SPEAKER CHANGES] Senator Rucho to explain the bill. [SPEAKER CHANGES] Thank you, Mr. President. [SPEAKER CHANGES] Current motion. [SPEAKER CHANGES] Members of the Senate, we have before us the Charlotte Airport Commission. We've had experience with a previous one dealing with the authority. It was decided by members of the House trying to figure out a way to work with the city of Charlotte and by no mean of my saying that there was any negotiations of any sort. But by working with them, they tried to come forward with a plan that would appeal to many of the concerns that they had. What this bill does is establishes a commission under the authority of the city. The city will maintain the ownership of the airport and the facilities. The commission will operate the airport and handle all the financial operations. The city will have the authority for imminent domain and also will be responsible for issuing bonds. They may employ the Executive Director as the city's Aviation Department Administration has assigned to the commission. During the interim, the airport advisory committee will be in place as a commission until the appoints are made there will be thirteen members, seven appointed by the city of Charlotte and the mayor and six by the counties Mecklenburg and surrounding counties so it has the concept of a regional airport. I urge the passage of this local bill and would appreciate your vote. [SPEAKER CHANGES] Senator Ford, for what purpose do you rise? [SPEAKER CHANGES] To see if the distinguished gentleman would yield for a question. [SPEAKER CHANGES] You speaking about Senator Rucho? Senator Rucho do you yield? [SPEAKER CHANGES] The gentleman from Matthews. [SPEAKER CHANGES] He sure does. [SPEAKER CHANGES] Senator Rucho yields. [SPEAKER CHANGES] Senator Rucho, can you help me since I .... [SPEAKER CHANGES] Probably not. [SPEAKER CHANGES] ...now know that I represent the 38th district in Mecklenburg County which represents the west side. What exactly defines the west side in section 5.53A? [SPEAKER CHANGES] The best I can guess there, for you, sir who serves the west side, is folks that live in the vicinity of the airport on the west side of Charlotte. [SPEAKER CHANGES] Follow up. [SPEAKER CHANGES] I will. [SPEAKER CHANGES] Yeah. [SPEAKER CHANGES] The west side, as I understand it, but not as you explained it, encompasses more, but still the airport is so large. Are you open to some language that would define that geographical area? [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Graham for what purpose do you rise? [SPEAKER CHANGES] Speak to the motion to concur. [SPEAKER CHANGES] Senator has the floor. [SPEAKER CHANGES] More deception, more chaos, more confusion, more uncertainty, more litigation. For what? And for whom? Last week, in this chamber, we discussed the Charlotte Douglass International Airport. On third reading, the bill sponsor said, enough has been said. All that needed to be said was already said and he encouraged each and every one of you to vote for the bill. The majority of you did. A week later, he's back again. Bringing with him more chaos, more confusion, more uncertainty, and more litigation. I said last week that...

end was in the beginning. Do you remember? It began with some members of our community usurping the authority of the Charlotte city council. And the mayor. Didn't even know about the airport takeover. Last night, 11:30 PM, calls around Charlotte coming to Raleigh asking "What bill are we talking about now?" City council hadn't seen it. I talked with the city manager about 11:30, quarter to 12, he was reading it for the first time himself! The end is at the beginning. This is how all this started. Now he's back again saying that he's doing the city of Charlotte a favor. Now keep in mind, after the bill was passed last week, the city council and the mayor fulfilled its fiduciary responsibilities on behalf of the citizens of Charlotte and got the third branch of government involved. And that's when the backpedalling started. Everybody was moonwalking. Michael Jackson would have been proud. Backpedaling because unlike the House or the Senate, when opinions can pass as facts, in the court of law facts are facts. Facts are facts. This compromise, as he'd talked about, who were they negotiating with? You can't go home and practice in the mirror that you're negotiating and say that you're negotiating with someone, you're negotiating with yourself. As chairman of the delegation, I didn't know until 11:30, quarter to 12 last night! There was no negotiation of folks working up here in a bipartisan way trying to solve this problem. No no no, here we go again. Confusion, uncertainty and deception. And you're a part of it. Because he told you last week. Nothing's been said that this was a good bill. Do you remember? Now here we are again in the wee hours of the morning discussing a 12 billion dollar enterprise. No more answers this night, this morning, than we had last week, and we're right back where we started from. Right back where we started from. The city manager sent a email and this is what he says about this supposed compromise where the bill sponsors in the House and the Senate were negotiating with themselves. Because they didn't negotiate with the city. Didn't negotiate with the entire delegation, only a selected few. So who was this negotiation compromise with? This is the city's high level concern with this new last minute bill. We find more problems the more we look. The bill is cobbled together with mishmills of municipal laws and lacks any technical review of any airport financial or operation matters. It seeks to improve optics through appointments, bond issuants, and eminent domain. However a transfer from the city all responsibility for control of the airport property, airport facilities, and all other property held by the city of Charlotte, was with respect to the airport, real or ??, tangible or intangible, and includes all cash. It looks like it keeps the airport and the city, while at the same time taking away from the city. It raises many legal questions that cause confusion and instability at the airport. This is a huge gamble with the airport.

Why? It's a simple question that I'm asking my colleagues, Democrats and Republicans, why? In January of this year, the airport was stable. No uncertainty, clear direction, focusing on a major merger, fulfilling its obligation to the region, and to the taxpayers of the city of Charlotte. Here we are, late July, regional uncertainty and confusion. Why do we want to pit the largest city in the state of North Carolina against the state of North Carolina? For what? And for who? Why would we want to do that? Why would we want to take an enterprise that's a, that's performing effectively and efficiently and intentionally break it? For what and for who? Why do we want to do this? Why do we want to create legislation in the middle of the night, over bagels and coffee, and roll it out to the General Assembly to vote on? Why? The Charlotte Observer's editorial states how not to craft an airport compromise. This is what happens when you rush, and the slapsticks that play off legislative ineptitude this week, Mecklenburg representative Bruce Samuelson has a one short span, back peddled feverishly from a hasty and bad law that took Charlotte Douglas Airport away from the city and ran with it. Craft a hasty new compromise bill with fellow legislatures over bagels in Raleigh, then angrily pulled the vote Thursday when Charlotte officials decided it wasn't much of a compromised, then decided to ram it through anyhow. Why? Why? Uncertainty, more confusion, more chaos. I said yesterday that this GOP has done a great job creating jobs. The attorneys across North Carolina are ecstatic. The bond lawyers are jumping up and down. Because even if you wanted to do it, and I don't think it's a good idea, process matters. Process matters. We're not talking about a business that, that we do in the Junior Achievement. This is real. People's lives will be impacted from their employment. No one has even talked about the issues of the bonds. We haven't even got to that, and the impact that's going to have directly and indirectly on every member here. Every member here. Your bonds, state bonds. No one has asked the question. This is an embarrassment for the Senate. This is an embarrassment for the General Assembly. This is an embarrassment for the sponsors. I don't know where we go from here, other than to court, where we are currently. You, you might, you serve the authority of the mayor, and the council, and the citizens of Charlotte, but you can't do it to the courts. At some point, someone's going to have to put their hand.

on a bible, and promised to tell the truth, the whole truth, and nothing but the truth about this airport situation. The nameless, faceless business leaders who are supposed to support this are going to have to show their face and stand by this bill and tell the citizens of Charlotte why they think this is a good idea. And at that point, their opinion doesn't matter. Only the facts. Who, what, when, where, and why. And to what extent. Ladies and gentlemen of the Senate, this is a fiasco of major proportion that will come back to hurt each and every member here. I urge you to vote against the motion. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Sen. Brunstead, for what purpose do you rise? [SPEAKER CHANGES] To debate the bill. [SPEAKER CHANGES] The senator has the floor. [SPEAKER CHANGES] Mr. President it's been a long day, and I'm tired. Some of the arguments have started to repeat themselves to me, I must admit I'm getting a little tired of Sen. Graham and the way he's approaching some of these arguments but he kept saying over and over again that this was a usurpation of local authority. Usurpation of local authority. And I thought that sounds awfully familiar to me. And then I went back and remembered a fairly lengthy argument by Sen. ?? earlier on a Durham bill. Usurpation of authority. Usurpation of authority. And I went and I looked and at 2:30 this afternoon, Sen. Graham agreed with the usurpation of local authority. But I guess that was an argument of convenience. I think this was a good bill, I ask you to support it. [SPEAKER CHANGES] Sen. Ford, for what purpose do you rise? [SPEAKER CHANGES] To speak to the motion. [SPEAKER CHANGES] The senator has the floor. [SPEAKER CHANGES] Thank you Mr. President, and ladies and gentlemen of the senate. Those of you who remain open to a little bit of additional information, I would like to share that with you from the city of Charlotte. But before I do that, I want to remind my colleagues in Cabarrus, Gaston, Iredell, Lincoln, and Union county who will receive appointments on this board, that your neighbor, the city of Charlotte, has been a very good neighbor. They have spent millions of their own money on regional planning to benefit the region. So as you take your vote tonight, consider what you're doing to your neighbor. The city of Charlotte sent out some further information about this particular bill, and I want to share them with you. The city of Charlotte continues to state emphatically that this new bill is a cobbled together missmash of municipal laws and lacks any technical review of airport or operational matters. This bill is in reaction to our success in getting a temporary restraining order against the bad bill, Senate bill 81, passed last week. The city expects declaration of bond default in issues with the FAA. The General Assembly is gamblig with the airport, writing legislation without knowledge of the consequences. The city is reviewing all of its actions, to respond if the General Assembly continues down this unneccessary path. Ladies and gentlemen of the Senate, this has no end in sight. This is not good for the city of Charlotte, this is definitely not good for our state. And we've been taking up bills all session dealing with each others' local issues. And while I have not been elected to local office, this is my first office, I continue to believe that the local folks know what's best. This is a local issue. It started in Charlotte and it needs to be solved in Charlotte. One of the things that has disappointed me the most, and I shared this with Sen. Rucho, is that when local businessmen cannot get their way, they run up here like little kids to Raleigh, to try to get Raleigh to manage our local cities. That's not a good idea. This is an idea that was started by some local folks. The city of Charlotte has the ability to solve its own problems. Further issues that I have with this, and I've

..this was Senator Rucho and I will share this with you. I shared it with you before. I'm an open minded individual. Senator Rucho came to me with this idea and as a gentleman of this particular body I would have been open because I want to do what is in the best interest of the city of Charlotte. This approach, the way that we're doing this, is not good for the city. I ask you to consider a cooling off period. Let cool heads prevail, because right now you have two different bodies that are going against each other. Spending tax-payer money to try to find a solution, in my opinion, that we need to wait to solve. I thank you for your consideration and those of you that might be open to giving this a cooling off period and not supporting this motion. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Bryant, for what purpose do you rise? [SPEAKER CHANGES] I would like to ask Senator Graham a question. [SPEAKER CHANGES] Senator Graham, do you yield? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] I know it's late and everyone's tired and so am I, I know this is a local matter, but I'm just trying to get straight on what we're voting on and what's happening here. From what I'm looking at in this proposal, this bill is creating two agencies in the city of Charlotte, from what I can read. One agency is the commission that was described by Senator Rucho with the [seven minute??] members from the city and other members from the region, that's one agency. In the second agency has created a minor routine and oversight committee. The second agency has five members on it appointed by the Governor, the President Pro tem, Speaker of the House, the Mayor and one from the city council and it is to monitor the commission. So I'm trying to figure out who is running the airport. The committee with the state appointees predominating it, or the commission with the local and regional people on it? Have I got this right and do you have an answer to that question? [SPEAKER CHANGES] You have it right. The commission would be responsible for the operation of the airport and there will be an oversight the committee that's watching as Big Brother, making sure they do their job correction. Again, adding confusion, uncertainty, and a level of chaos to the airport. [SPEAKER CHANGES] Any further discussion... [SPEAKER CHANGES] Mr. President, to speak a second moment briefly. [SPEAKER CHANGES] The gentleman has the floor. [SPEAKER CHANGES] Ladies and gentleman, the model of the commission is already one that is similar with the Charlotte Regional Visitor's Bureau, that is the model that is followed. Secondly, what we have to pay close attention to is, that TRO and I know everyone here understand that's the first easy step in most cases when the judge says, hey we need to put it aside. Unfortunately when a TRO goes into place, everyone is supposed to stop. Unbelievably, the city of Charlotte and the manager decided, irresponsibly, to fire the only person that knows how to run and operate that airport, Mr. Orr, and that is an absolute disaster because now it's floundering. And now it's in jeopardy. If this bill passes, there can be some certainty established and that's something the city, the region of the state needs to depend on and I urge that you pass this immediately. [SPEAKER CHANGES] Senator Ford, for what purpose do you rise? [SPEAKER CHANGES] Mr. President, to speak a second time. [SPEAKER CHANGES] Senator has the floor. [SPEAKER CHANGES] I want to address a comment that Senator Rucho made about the Aviation Director. The Aviation Director in his haste and arrogance, chose to write to the city of Charlotte, to inform them that he was no longer an employee of the city of Charlotte and that he was going to be the new Executive Director of the Airport Authority. What he did not know was that the city of Charlotte was seeking a TRO. The city of Charlotte obtained that TRO and the city manager accepted his resignation. Those are the facts. This is a local, messy issue. We really need for a cooling off period so cooler heads can prevail. The city of Charlotte has stated it is going to do everything that it can do in its power to protect that asset. Folks, I need your help tonight for you to be open to give the city of Charlotte the opportunity to work this issue out locally.

Any further discussion or debate? Sen. Nesbitt, for what purpose do you rise? [SPEAKER CHANGES] Thank you Mr. President. To speak on the bill. [SPEAKER CHANGES] The senator has the floor. [SPEAKER CHANGES] Thank you Mr. President. I figure since the area of Winston-Salem can weigh in on Charlotte, certainly somebody from the mountains can. And we haven't got anything better to do, we're sitting here waiting on stuff to come in. I'm gonna tell you what's missing in all this, this is what's driving me crazy about this. We assume that when we turn our faucet on the water's going to come out clean and pure like it always has in Asheville. We assume that Charlotte International Airport's going to continue to be one of the fastest growing, best run major hubs in the United States of America and serve that region and this state well. You're taking too much for granted, folks. When you go mess with these kinds of structures, if you will, you risk losing them or ruining them, and even if you don't, the threat of it is enough to run everybody out of town. The governor's talking about branding, and I found out when we did the clean smokestacks act, I negotiated for a year and a half with business about how to do that, how to pay for it. And I had a deal worked out where they could pay less in their rates to do it my way. They ended up doing a deal with ?? to pay more money, but it was guaranteed for a longer period of time because they were scared somebody would have a rate hearing and costs would go up. Business can't stand trauma. And if Charlotte loses that hub, you will see, in my opinion, one of the biggest economic disasters we could have in this state. And those in the surrounding counties that think they're getting something, what you're gonna get is a miss. If you don't have Charlotte humming, and the planes coming in and out of there and the commercial hub of this state that they have, you're gonna be in trouble. You're gonna have the unemployed people, not the rural areas of the state. And I don't live there, I live in Asheville. This is scaring me! But we're getting a bill a week here! And if the last bill was such a great idea, do it! Anybody in here think there wasn't gonna be a lawsuit? Of course there was. Anybody think there wasn't going to be a TRO? Of course there was. They're gonna fighting over this for the next 2 or 3 years. And we've got to quit doing this to want another. The people we represent deserve more stability in their lives than to wake up and read in the paper every day that something that's essential to the economic vitality of their region had just been put in jeopardy. When they went to bed, it was all right. And I urge you to think long and hard about this at some point, we've got to reach across the aisle and stop this mess. Just because we have a partisan battle doesn't mean the rest of us ought to jump in there and do crazy stuff. What starts happing is what happened to Sen. Pate, and all of a sudden Granville's about to give its water system away to some little sewer system up there in the corner of the county. It has about 3 employees. And we had to get him out of the ditch. That's what starts happening to you. Vote against this bill, let the other one play out, let them have a good lawsuit and a good fight, maybe they'll get over it. [SPEAKER CHANGES] Any further discussion or debate? Hearing none, the question before the Senate, motion to concur on Senate bill 380. All those in favor vote "Aye", all those against will vote "no", clerk will set five seconds for the vote and record the vote. 27 vote in the affirmative, 14 in the negative- Yes sir. [SPEAKER CHANGES] ?? a third reading? [SPEAKER CHANGES] There is not a third reading. It's a motion to concur, Senator. 27 in the affirmative

14 in the negative. Motion to concur on Senate 380 will be enrolled. Senate bill 515. Let me make an announcement as we go into this, folks. We have two more bills and that's it. They're here and we will be going home after this. Senate Bill 515. [SPEAKER CHANGES] Senate Bill 515 Jordan Lake Water Quality Act. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Thank you. I'll try to keep this real brief. First, let me just tell you the difference between the Senate and House approach. As you do know the Senate version repealed the Jordan Lake rules. What the House PCS will do is this: it will keep in effect all rules that are currently in effect. It will push out three years, rules that have not been adopted. Also the House PCS will leave in the buffer rule changes in the original bill that was filed and adds language to address the unique buffer situations regarding airports. Just a little bit on the bigger picture. As part of 515, it's kind of a three pronged approach that we are using to improve the water quality in Jordan Lake, the bill itself only delays the rules by three years that are not currently enforced. During these three years, the State will front an in-lake water quality demonstration project with $1.7 million from the clean water trust fund and $300,000 from DENR, operating budget. By the way, DENR has worked on this compromise bill and supports this action. Additionally, the President ProTem's speaker can adopt an LRC study committee to specifically study Jordan Lake policies during the interim. I appreciate your support. [SPEAKER CHANGES] Discussion and debate. Senator Kinnaird, for what purpose do you rise? [SPEAKER CHANGES] To speak on the motion. [SPEAKER CHANGES] The Senator has the floor. [SPEAKER CHANGES] I tracked with DENR to find out the status of Jordan Lake. It is an impaired body and it is at the point where it will go very quickly, past the point where it can be restored. I've spoken with experts about whether it is possible to have some sort of technological fix. All the experts agree there is no such technology, it's not even on the horizon even though people have shopped something around. That the only way to protect a major body of water like this, that is impaired, is to not develop around the watershed. I urge you to reject this motion. [SPEAKER CHANGES] Senator Stein, for what purpose do you rise? [SPEAKER CHANGES] To debate the motion to concur. [SPEAKER CHANGES] Senator Stein has the floor. [SPEAKER CHANGES] Thank you, Mr. President. I will tip my hat to you all. You all were honest. You just abolished the existing rules and then talked about doing some technological marvel that was going to solve the problem. The House just delays for three years so that I guess three years from now they can kill the rules. While I commend your honesty, it was a bad idea when you all eliminated the rules, it's a terrible idea to delay the rules. I encourage you to vote against the motion to concur. [SPEAKER CHANGES] Any further discussion or debate? Hearing none question before the Senate, the motion to concur on Senate Bill 515. All in favor vote aye, all against vote no. The clerk will allow five seconds for the vote and record the vote. Graham, note. [SPEAKER CHANGES] 27 voting in the affirmative, 14 in the negative, the motion to concur passes for Senate Bill 515. It will be enrolled and sent to the Governor. [SPEAKER CHANGES] Ratifications of bills. [SPEAKER CHANGES] Enrolled bills. Enrolling clerk reports the following bill duly ratified, properly enrolled and presented to the office of Secretary of State Senate Bill 380 AN ACT TO CREATE THE CHARLOTTE DOUGLAS INTERNATIONAL AIRPORT COMMISSION UNDER THE CITY OF CHARLOTTE. [SPEAKER CHANGES] Senate Bill 473. [SPEAKER CHANGES] Senate Bill 473.

The health cost transportation speaker and PPT standing. [SPEAKER CHANGES] Who’s handling this? Senator Daniel, you have the floor. [SPEAKER CHANGES] Okay, thank you Mr. President. I thought I was only explaining Section 3, but apparently I’m explaining the whole bill. [SPEAKER CHANGES] Mr. President- [SPEAKER CHANGES] Senator ?? senator. [SPEAKER CHANGES] I would suggest Senator Daniel could defer to Senator Rucho on the first part of the bill. Good luck on second and third. [SPEAKER CHANGES] Senator Rucho- [SPEAKER CHANGES] I will explain that. Ladies and gentlemen of the Senate, the bill that we passed came back the same except for three points. The first point that I can explain would be in an effort to try to protect the patients as far as patients’ rights in many hospital settings. A patient goes in, pays a lot of money, goes into the room, asked to sign a consent form, then recognizes the full cost, and it puts the patient in kind of a bad state when they have to just keep going. Recognizing you, that they don’t know the full cost, though they know they’re obligated because they’ve already got four or five hundred dollars into it. Well the way this first provision is, is if you, patient is in that circumstance, they paid a lot of money up front, and they’re requested to do a consent form. Then if they choose not to then they’re ineligible to get that money back. It’s a patient protection on that part. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Barefoot, the reason you rise? [SPEAKER CHANGES] I arise to explain Section 2, and then I would defer to Senator Daniel to do Section 3. [SPEAKER CHANGES] Senator has the floor. [SPEAKER CHANGES] Members of the Senate, Section 2 of this bill, if you’ll recall when we did the hospital Transparency Bill, one provision in that bill created some limits on what hospitals could do in terms of collecting on judgments that were rendered against the entireties’ property. What this provision does is it limits the protection for the entireties’ property to basically the homestead. If someone has as their residence or their real property, a house and an acre, two acres, three acres, four acres, five acres, that’s protected. If what they have is something that is not their home but it’s in both their names, but the judgments against both of them, or it’s their home and fifty acres then only the home and five acres is protected. This is an amendment that the House wanted on the Transparency Bill, and it’s something we have agreed to. It seems to address the concern many of us had about hospitals taking away people’s houses as a result of judgments that may have to do with one party, but the judgment ends up being against both the husband and the wife because of the doctrine of necessaries. [SPEAKER CHANGES] Senator Daniel has the floor. [SPEAKER CHANGES] Thank you, Mr. President. Members of the Senate, Section 3 deals with a civil procedure process that’s called an intervention, and I guess a simple example of intervening in a civil case is when a county like Forsyth County files a foreclosure action based on failure to pay property taxes that would cut off the right of Winston-Salem to collect their taxes. The city of Winston-Salem could intervene in the case to protect their interests. So that the language on page two of this bill is basically self-explanatory. It applies the right of intervention in the context of the General Assembly and says that the Speaker of the House, of representatives and the President Pro-Tem of the Senate as agents of the state shall jointly have standing to intervene and on behalf of the General Assembly as a party in any judicial proceeding, challenging the North Carolina statute or provision of a North Carolina Constitution. They would be governed by the same rule that all parties are across the state, which is rule 24 of the North Carolina Rules of Civil Procedure. It couldn’t be done unless the Speaker and the Pro-Tem agreed, and then they could do it jointly on behalf of the General Assembly. So I urge your support for the motion. [SPEAKER CHANGES] Any debate? [SPEAKER CHANGES] I have a question. [SPEAKER CHANGES] Senator ?? [SPEAKER CHANGES] Senator Rucho. [SPEAKER CHANGES] Senator Rucho, will you yield? [SPEAKER CHANGES] If I may, yes. [SPEAKER CHANGES] Yes, go ahead. [SPEAKER CHANGES] Some months ago- Thank you. Some months ago in the health committee, you introduced a wonderful bill that would require hospitals to post the cost, and all of this transparency, and I had, my constituents were delighted over this. Where? [SPEAKER CHANGES] That is the whole bill. These are just three additions.

bill that we described that we all voted for, that is the base of the bill. These were the three changes, all we did was explain the changes that came over from the House. [SPEAKER CHANGES] So that bill with the transparency is- [SPEAKER CHANGES] A great bill. We'll love it. Okay? [SPEAKER CHANGES] Any further discussion or debate? Hearing none, the question before the Senate is a motion to concur on Senate bill 473. All those in favor will vote "aye", any oppsed vote "no", five seconds will be set for the vote, clerk will record the vote. 34 in the affirmative, 6 in the negative. Davis, aye or nay? Aye. Bryan, no. ?? in the affirmative, seven in the negative. The motion to concur passes on Senate bill 473, it will be enrolled and sent to the Governor. 34 "aye", 7 "no". Senate bill 473. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Sen. Barefoot, for what purpose do you arise? [SPEAKER CHANGES] May I change my vote on Senate bill 515 from "no" to "aye" please? [SPEAKER CHANGES] Senate bill 515, "no" to "aye". 28 in the affirmative, 13 in the negative. House joint resolution 1023. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Sen. Brunstetter has the floor. [SPEAKER CHANGES] We've heard a lot of debate during this session about Jordan Lake. Sen. Kinnaird referred to it a few minutes ago as an "impired body", ?? [SPEAKER CHANGES] Sen. Brunstetter, Sen. Brunstetter. I'm sorry. Can you give us a moment to read in the bill? [SPEAKER CHANGES] Stealing my thunder. [SPEAKER CHANGES] I know, I'm sorry. Clerk will read. [SPEAKER CHANGES] House joint resolution 1023, a adjurement resolution. [SPEAKER CHANGES] Carry on. [SPEAKER CHANGES] Sen. Kinnaird reffered to Jordan Lake as an impaired body, and I think this Senate can now identify with Jordan Lake. This is the adjurement resolution for the long session, we will adjourn until Wednesday May 14, 2014 at 12 noon, it is a standard adjurement resolution, contains the same conditions for the short session as our last long session resolution. I would ask for your support. [SPEAKER CHANGES] Any discussion or debate? Hearing none, the question before the Senate is the adoption of House Joint Resolution 1023 in its second reading. All those in favor will vote "aye", opposed will vote "no", clerk will put five seconds on the clock and record the vote. 39 in the affir- Sen. Bryant- Sen. Clark and Sen. Bryant, aye, you're welcome to stay, ?? 41 in the affirmative, 0 in the negative. House Joint Resolution 1023 passes its second reading without objection, will be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] House Joint Resolution 1023, on its third reading. All those in favor say "aye". Opposed say "no". Okay, House Joint Resolution 1023 does pass its third reading and will be enrolled. Sen. Berger is recognized. [SPEAKER CHANGES] Thank you Mr. President. I have 2 things. One, I'd like to have a brief moment of personal privilege, and then I have the adjournment motion. [SPEAKER CHANGES] If we could, I'd like senators to take your seats please, and Sen.Berger has the floor. [SPEAKER CHANGES] Thank you Mr. President. First I'd like to thank our presiding officer for the day for taking us through a very long and potentially contentious day with real skill and a good bit of humor for which he is well known, so I thank you Sen. Apodaca for presiding today. The other thing that I'd like to do, is just make sure that we don't forget to thank folks who, for the entire session have really helped us tremendously. The clerk's staff, the sergeant-at-arms staff, and of course our reading clerk. Sarah Lang and her staff, of course, has from day one been there for us whenever we've had a problem or a question about

anything that has to do with what we filed, they've helped us when we've made mistakes, they've corrected things when they have noticed them. Phil King and his staff has done a tremendous job of looking after us, taking care of us, making sure that only those folks are allowed in the chamber come in the chamber, and of course Lee Settle, our reading clerk, has done a magnificent job of keeping us on track in terms of reading the bills. One other person I want to thank today is Skyler Adams, has been a member of my staff since I was first elevated to the position of President Pro Temp, and Skyler and his wife have decided that they are going to jointly go to seminary. And he will be leaving us and heading to Texas with his wife, going to the seminary and beginning the rest of their lives together. I can tell you that Skyler is one of the finest young people that I have ever met, he started out as someone that kind of looked after me, would drive me places if I needed to go somewhere, took care of my appointments, made sure I got to places on time and Skyler, I personally am going to miss you a great deal, I know my wife Pat is going to miss you as well, but I'm certain that our staff and the members of the Senate will miss you just as much as I will. So thank you for your service, and thank you for your friendship. And Mr. President, one other thing. I want to thank the members of the Senate for the high honor that you have given me to serve as the President Pro Tempore of Senate for this session. I truly appreciate it, I hope that what I have done in this office has met with your approval and I look forward to seeing everybody sooner than May, but definitely back in session in May. And I thank you for that. And with that Mr. President, unless there's something else, I move that the Senate adjourn in accordance with House joint resolution 1023, adjournment resolution subject to the receipt of House messages, and the enrollment and ratification of bills and resolutions to reconvene on Wednesday, May 14th, 2014, at 12:00 noon. [SPEAKER CHANGES] You've heard the motion by Sen. Berger, all in favor say "aye". [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Any opposed, say "no". The "aye"s have it, and the Senate stands adjourned.