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Senate | July 1, 2013 | Chamber | Session

Full MP3 Audio File

[Speaker changes.] Senate will come to order. Sargent-at-arms will close the door. Members will go to their seats. Members and guests of the gallery will please silence all electronic devices. Leading the Senate in prayer is the Reverend Peter Millner???, Senate Chaplain. All members and guests of the gallery will please stand. [Speaker changes.] ???...pray. Heavenly Father, lift up your countenance upon us, Lord, and bless those that work or weep this night. Give us calm, give us peace, and the knowledge that you are our rock, just like David hid in the desert while Saul sought after him to kill him, be the rock that is higher than I, shelter us underneath the shadow of your rock. For who is God but the Lord. Who is the rock except our God. It's God who girds me about with strength and makes our way secure. Make us surefooted like a deer, O Lord, and let us stand firm on the heights. In Jesus' name, Amen. [Speaker changes.] Senator Pate is recognized for a motion. [Speaker changes.] Thank you, Mister President. The journal of Thursday, June 27th, 2013, has been examined and is found to be correct. I move that the Senate dispense with the reading of the journal and that it stands approved as written. [Speaker changes.] Without objection, the journal for June 27th, stands approved as written. Members leaves of absence are granted for Senators Jenkins, Clodfelter and Don Davis. Ratification of bills. Clerk will read. [Speaker changes.] Enroll bills. Enrolling clerk reports the following bills duly ratified for presentation to the Governor. Senate Bill 490, an act to exclude custom software from property tax. House Bill 543, an act addressing permissable guardianship roles for corporations and individuals that provide mental health developmental disability to substance abuse services. [Speaker changes.] Reports of Standing Committees. Senator Allran, for what purpose do you rise? [Speaker changes.] Send forward committee report. [Speaker changes.] Send forward your report. [Speaker changes.] Clerk will read. [Speaker changes.] Senator Allran for the Judiciary Two Committee submits for passage House Bill 635, Committee Substitute Number One, involuntary commitment custody orders. House Bill 345, unfavorable as to Committee Substitute Bill Number One but favorable as to Senate Committee Substitute Bill. Title: An Act to Increase the Criminal Penalty for Misuse of the 911 System and to Provide for Recommendations for Certain Appointments to the State 911 Board. House Bill 615,Committee Substitute Number One ...remove ???? for DWR, unfavorable as to Committee Substitute Bill Number One but favorable as to Senate Committee Substitute Bill. House Bill 802, Committee Substitute Number One...landlord/tenant shortened eviction time, unfavorable as to Committee Substitute Bill Number One but favorable as to Senate Committee Substitute Bill. House Bill 783, Committee Substitute Number Two, pyrotechnical and conforming changes unfavorable as Committee Substitute Number Two, favorable as to Senate Committee Substitute Bill. House Bill 399, Senate Committee Substitute Number Two, amend laws pertaining to DHHS, unfavorable as to Senate Committee Substitute Number Two, but favorable as to Senate Committee Substitute Bill Number Three. [Speaker changes.] House Bill 635, House Bill 345 , House Bill 802, and House Bill 783 Calendar. House Bill 615 Appropriations Based Budget and House Bill 399, Finance. [Speaker changes.] Mister President? [Speaker changes.] Senator Apa...

Apodaca, For what purpose do you rise? [SPEAKER CHANGES] Um, motions. [SPEAKER CHANGES] State your motions. [SPEAKER CHANGES] Uh, this present members, I'm getting ready to call out 15 bills that's going to be added to tonight's calendar. That was in the Clerk's office so I hope everybody ate dinner before they came uh, House bill 107, House bill 110, House bill 137, House bill 161, House bill 176, House bill 192, House bill 196, House bill 232, House bill 241 uh, House bill 257, House bill 340, House bill 895, House bill 917, and House bill 391. Has to be added to tonight's calendar. [SPEAKER CHANGES] Senator Nesbitt, what purpose do you rise? [SPEAKER CHANGES] Objection. I, I suppose. You didn't say without objection. But objection. [SPEAKER CHANGES] Senator Nesbitt, I think what we would like to do is uh, go through the printed calendar, take short recess, in the meantime the Clerk will print a calendar of those bills. These were bills that were on, as I understand it, a calendar last week, and were taken off, and what I'd like to do is let's go ahead and move into the calendar that is printed. Let the clerk's office print up a calendar, distribute the calendar, we'll take a short recess, then we'll see if there's still an objection. [SPEAKER CHANGES] That sounds fine. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Apodaca. [SPEAKER CHANGES] I want to let Senator Nesbitt know something if I might? [SPEAKER CHANGES] You're welcome to that. [SPEAKER CHANGES] Senator Nesbitt, behind you is Andrew getting ready to hand you the list. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] They were all on last week. They're not controversial. That was the main thing, just so we got a chance to look at them and see what we're taking up. We'll work anytime you want to work just so long as we know what we're working on. [SPEAKER CHANGES] Okay. [SPEAKER CHANGES] Follow up. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Again, I say they're not controversial but who knows around here, they're all House bills. [SPEAKER CHANGES] Anything else before we go to the calendar? Senator Davis, for what purpose do you rise? [SPEAKER CHANGES] Send forth a conference report. [SPEAKER CHANGES] Send forward your report. [SPEAKER CHANGES] Thank you Mr. President. [SPEAKER CHANGES] Clerk will read. [SPEAKER CHANGES] Conference report. President of the Senate, Speaker of the House of Representatives. Conference reads, pointed to resolve the differences between the Senate and the House of Representatives on Senate bill 231. A bill to be entitled and enact to modify the duties of the State to revise the council on Indian education. [SPEAKER CHANGES] Calendar? Anything further before we go to the calendar? Senate Bill 480, the Clerk will read. [SPEAKER CHANGES] Senate Bill 480, UNC Capital Improvement projects. [SPEAKER CHANGES] Senator Apodaca is recognized. [SPEAKER CHANGES] Thank you Mr. President um, this is our biannual bill due with UNC capital projects. It is source of the funds for these are um, nongeneral fund sources of funds, the language of the editing committee come back to us this spring and update for the detail each one of the projects as we move forward. The bill authorized a various product by the UNC system. That being said, Mr. President, I need to send forth an amendment. [SPEAKER CHANGES] Send forward your amendment. Clerk will read. [SPEAKER CHANGES] Senator Apodaca moves to amend a bill. [SPEAKER CHANGES] Senator Apodaca is recognized to explain the amendment. [SPEAKER CHANGES] Thank you, Mr. President. Members, this is just correcting a technical amendment. It was correcting an amendment that was made in commitee in a PCS that was taking a line out that was duplicated. I ask for your support. [SPEAKER CHANGES] Further discussion or debate on Amendment 1. Here now is the question of debate on amendment 1 to the committee substitute to the Senate Bill 480.

Speaker: All in favor will vote aye, all opposed will vote no. Five seconds will be allowed for the voting. The clerk will record the vote. Members of the senate, if I could, in advance of that vote, Senator Robinson also has an excused absence for tonight. 46 having voted in the affirmative, and none in the negative: amendment 1 to senate bill 480 passes and the bill is back before you. Senator Apadoka, you have anything further to say? Further discussion or debate on senate bill 480 on its second reading? Hearing none. The question before the senate is the passage of the committee substitute as amended to senate bill 480 on its second reading. All in favor will vote aye, all opposed will vote no. Five seconds will be allowed for the voting. The clerk will record the vote. 46 having voted in the affirmative, and none in the negative: senate bill 480 passes on its second reading and will remain on the calendar. Members the nurse of the day today is Susanne Jackson of Clayton, NC. Ms. Jackson, we thank you for your service to the senate, and we ask the members to recognize Ms. Jackson. [clapping] Speaker: House bill 683. The clerk will read. Clerk: House bill 683, common sense consumption act. Speaker: Senator Barringer is recognized to explain the bill. Representative: Thank you Mr. President. House bill 683, the common sense consumption act, does exactly what the name states. This bill injects a much needed and common sense responsibility into the law. The bill is in two parts. The first part prevents frivolous law suits against food service business against obesity and obesity related illnesses. The second part of the bill could be called the Big Gulp Bill: no city ordinance now may prohibit the sale of soft drinks of a particular size. I urge your support of this bill. Speaker: Further discussion or debate? Hearing none. The question before the senate is the passage on the second reading of the senate committee substitute to house bill 683. All in favor will vote aye, all opposed will vote no. Five seconds will be allowed for the voting. The clerk will record the vote. 37 having voted in the affirmative, and 9 in the negative: the senate committee substitute to house bill 683 passes on its second reading and will, without objection, be read a third time. Clerk: NC [xx] Speaker: Further discussion or debate? Hearing none. The question before the senate is the passage on the third reading of the senate committee substitute to house bill 683. All in favor will say aye. [aye] Speaker: All opposed will say no. [silence] The aye’s have it and house bill 683 has passed its third reading and will be sent to the house on the issue of concurrence and senate committee substitute. Senator Apodaka, for what purpose do you rise? Representative: A motion relative to the calendar. Speaker: You have the floor. Representative: MR. President, members, house bill resolution 90, honoring hayesville’s 100th anniversary on rules has to be moved from rules and placed on the end of tonight’s calendar. Speaker: Without objection. Senator Apadaka, you want that at the end of the calendar that we are working on now, or at the end of the second printed calendar? Representative: Oh the second sounds good. Speaker: Without objection. House bill 828. The clerk will read. Clerk: House bill 828, update fiscal therapy practice act. Speaker: Senator Barringer is recognized. Representative: Thank you Mr. President. House bill 828 makes the authority of the board of physical therapy examiners, which is the licensing board for physical therapy practitioners, similar to other licensing Boards in that the applicants are subject to confidential investigations and criminal background checks, and as a result of these questions, can be asked what is found. There is no known opposition to this bill. The medical society, the orthopedics, and other healthcare groups are fine with the bill. Representative Doctor Jim over in the house was one of the sponsors. I urge for your support. Speaker: Further discussion or debate? Hearing none. The question before the senate is the passage on the second reading of the senate committee substitute to house bill 828. All in favor will vote aye, all opposed will vote no. Five seconds will be allowed for the voting. The clerk will record the vote.

Nesbitt, aye. Forty-six having voted in the affirmative and none in the negative. The Senate committee substitute the House bill eight twenty-eight has passed it's second reading and will without objection, be read a third time. [SPEAKER CHANGES] North Carolina general assembly enacts. [SPEAKER CHANGES] Is there further discussion or debate? Hearing none, the question before the Senate is the passage on third reading of the Senate committee substitute to House bill eight twenty-eight. All in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed no. The ayes have it and the Senate committee substitute to House eight twenty-eight has passed it's third reading and will be sent to the House on the issue of concurrence in the Senate committee substitute. Senator Apodaca, the clerk advises that it should take about fifteen minutes to prepare the supplemental calendar. Are you going to make a motion that we stand in recess for fifteen minutes? [SPEAKER CHANGES] Yes sir. I though I already had. [SPEAKER CHANGES] Without objection, Senate stands in recess for fifteen minutes. Senate will come to order. Members of the Senate, I believe you have in your possession on your desks, the Senate supplemental calendar that begins with House bill one o'seven, which is a local bill and runs through the House joint resolution ninety, that we added earlier to day. Senator Nesbitt, do you withdraw your objection? [SPEAKER CHANGES] Yes sir, Mr. President. I think we had one bill that we agreed on we'd move till tomorrow. [SPEAKER CHANGES] Mr. President, if we could please. [SPEAKER CHANGES] Senator Apodaca, you have the floor. [SPEAKER CHANGES] House bill one ten on tonight’s calendar has to be removed and place on tomorrows. [SPEAKER CHANGES] So ordered. Members, there are two local bills, unless there's some objection, I would suggest that we consider those together. Hearing no objection, House bill one one o'seven and House bill one ninety-six, clerk will read. [SPEAKER CHANGES] House bill one o' seven. Eastern region dispersement of funds. House bill one ninety-six. Winston, Salem, Forsyth county school board vacancies. [SPEAKER CHANGES] Is there any discussion of debate on these two local bills? Hearing on question for the Senate is the passage on second reading of House bill one o'seven and House bill one o'six. All in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All opposed, no. The ayes have it and House bill one o'seven and House bill one ninety-six have both passed their second reading and will without objection be read a third time. [SPEAKER CHANGES] North Carolina general assembly enacts. [SPEAKER CHANGES] Further discussion or debate? Hearing none, the question before the Senate is the passage on third reading of House bill one o'seven and House bill one ninety-six. All in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All opposed, no. The ayes have it, and House bill one o'seven and House bill one ninety-six have passed their third reading. House bill one o'seven will be sent back to the House on the issue of concurrence in the Senate committee substitute and House bill one ninety-six will be enrolled and sent, will be enrolled. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Rabon, for what purpose do you rise? [SPEAKER CHANGES] Senate fourth committee report. [SPEAKER CHANGES] Send forward your report. Clerk will read. [SPEAKER CHANGES] Senator Rabon of Brunswick, summits the passage from the finance committee. House bill nine nine eight, Senate committee substitute number one, tax simplification and reduction act, unfavorable as to Senate committee substitute bill number one but favorable as to Senate committee substitute bill number two. [SPEAKER CHANGES] Calendar. House bill one thirty-seven. Clerk will read. [SPEAKER CHANGES] House bill one thirty-seven. Reward AMT arrest of fugitive from justice. [SPEAKER CHANGES] Senator Randleman is recognized. [SPEAKER CHANGES] Thank you Mr. President. Ladies and gentlemen, this act increases the maximum amount from ten thousand to one hundred thousand that the governor may offer for the apprehension... [end]

apprehension of a fugitive or for information leading to the arrest and conviction of a person suspected of a crime. This request comes from the law enforcement community. The source of the funds is the contingency and emergency fund and the amount has not been changed since the 1960's. There is 0 fiscal impact and I urge your support. [SPEAKER CHANGES] Further discussion or debate. Hearing none, the question before the Senate is the passage on second reading of House bill 137, all in favor will vote aye, all opposed will vote no. 5 seconds will be allowed for the voting. The clerk will record the vote. 45 having voted in the affirmative and none in the negative, House Bill 137 has passed its second reading and will, without objection, be read a third time. [SPEAKER CHANGES] The General Assembly of North Carolina enacts. [SPEAKER CHANGES] Further discussion or debate? Hearing none, the question before the Senate is the passage of House Bill 137 on third reading, all in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All opposed, no. The ayes have it and House Bill 137 is past its third reading and will be enrolled and sent to the Governor. House Bill 161, the clerk will read. [SPEAKER CHANGES] House Bill 131, Mandatory retirement age for magistrates. [SPEAKER CHANGES] Senator Randleman is recognized. [SPEAKER CHANGES] Thank you, Mr. President. House Bill 161 sets a mandatory retirement age of 72 for appointed magistrates that is consistent with judges and justices. The bill is effective January 1, 2015 and applies to individuals whose terms of office as magistrates begin on and after the effective date. Most magistrates current 4 year term began January 1, 2013 and will expire December 31, 2016, therefore most current magistrates will not be affected until January 1, 2017. I recommend your support. [SPEAKER CHANGES] Is there further discussion or debate? Hearing none the question before the Senate is the passage of the Committee Substitute to House Bill 161 on its second reading. All in favor will vote aye, all opposed will vote no. 5 seconds will be allowed for the voting. The clerk will record the vote. 45 having voted in the affirmative and none in the negative, Committee Substitute to House Bill 161 has passed its second reading and without objection will be read a third time. [SPEAKER CHANGES] The North Carolina General Assembly enacts. [SPEAKER CHANGES] Further discussion or debate? Hearing none, the question before the Senate is the passage on third reading of the Committee Substitute to House Bill 161. All in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed, no. The ayes have it and House Bill 161 has passed its third reading and will be enrolled and sent to the governor. House Bill 176. The clerk will read. [SPEAKER CHANGES] House Bill 176, Charter School election. [SPEAKER CHANGES] Senator Hise is recognized. [SPEAKER CHANGES] Thank you, Mr. President, members, this bill simply allows a Charter School that exists in Charlotte North Carolina another opportunity to participate in the State Employees and Teachers Retirement System. I ask for your support. [SPEAKER CHANGES] Further discussion or debate? Hearing none the question before the Senate is the passage House Bill 176 on its second reading. All in favor will vote aye, all opposed will vote no. 5 seconds will be allowed for the voting. The clerk will record the vote. Graham, aye, Wade, aye. 45 having voted in the affirmative and none in the negative, House Bill 176 has passed its second reading and without objection will be read a third time. [SPEAKER CHANGES] The North Carolina General Assembly enacts. [SPEAKER CHANGES] Is there further discussion or debate? Hearing none, the question before the Senate is the passage on third reading of House Bill 176. All in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All opposed, no. The ayes have it and House Bill 176 has passed its third reading and will be enrolled and sent to the governor. House Bill 192. The clerk will read. [SPEAKER CHANGES] House Bill 192, allow rural usage and central business districts. [SPEAKER CHANGES] Senator Hunt, do you have anything to say about this? You're recognized. [SPEAKER CHANGES] ?? Answer any questions. I'd be happy to. [SPEAKER CHANGES] Is there further discussion or debate on the Senate Committee Substitute to House Bill 192. Hearing none, the question before the Senate is the passage on second

Speaker: …reading of house committee substitute house bill 192. All in favor will vote aye, all opposed will vote no. Five seconds will be allowed for the vote. The clerk will record the vote: 45 having voted in the affirmative and none in the negative. Senate committee substitute house bill 192 has passed a second reading and will, without objection, be read a third time. Clerk: NC [xx] Speaker: Further discussion or debate? Hearing none. Question before the senate is the passage of the third reading of the senate committee substitute house bill 192 all in favor will say aye. [aye] Speaker: All opposed no. [silence] The aye’s have it and the senate committee substitute house bill 192 has passed its third reading and will be sent to the house on the issue of concurrence in the senate committee substitute. House bill 232, the clerk will read. Clerk: House bill 232, state health plans statutory changes. Speaker: Senator Apadokos is recognized. Senator: Thank you Mr. President. This is a technical correction bill offered by the state health plan. I am aware of no opposition, or questions. Speaker: Is there any further discussion or debate? Hearing none. Question before the senate is the passage of the second reading of senate committee substitute house bill 232. All in favor will vote aye, all opposed will vote no. Five seconds will be allowed for the vote. The clerk will record the vote: 46 having voted in the affirmative and none in the negative. Senate committee substitute house bill 232 has passed a second reading and will, without objection, be read a third time. Clerk: NC [xx] Speaker: Further discussion or debate? Hearing none. Question before the senate is the passage of the third reading of the senate committee substitute house bill 232 all in favor will say aye. [aye] Speaker: All opposed no. [silence] The aye’s have it and the senate committee substitute house bill 192 has passed its third reading and will be sent to the house on the issue of concurrence in the senate committee substitute. House bill 241. The clerk will read. Clerk: House bill 241, [xx]. Speaker: Senator Binghamon is recognized. Senator: Thank you Mr. President. I don’t know what a blue shade it is or if Monday it is blue. Anyway, I do know Representative [xx] has no objection to this bill and I urge your support. Speaker: Is there further discussion or debate? Senator Binghamon, I think this one might make it. Hearing none. The question before the senate is passage on second reading on house bill 241. All in favor will vote aye, all opposed will vote no. Five seconds will be allowed for the vote. The clerk will record the vote: 46 having voted in the affirmative and none in the negative. Senate committee substitute house bill 241 has passed a second reading and will, without objection, be read a third time. Clerk: NC [xx] [silence] Speaker: …its third reading and will be sent to the governor. House bill 257. The clerk will read. Clerk: House bill 257, unclaimed property program improvements. Speaker: Senator Randleman is recognized. Senator: Thank you Mr. President. House bill 257 is a request of the state treasurers office which states technical changes to the administrative of unclaimed property. It changes the general administration of the S chief fund conform to the NC unclaimed property act of 2011. This is an effort to protect the privacy of the owner’s of unclaimed property and to improve the efficiency and effectiveness of the processing holder reports. I ask for your support. Speaker: Is there any further discussion or debate? Hearing none. Question before the senate is the passage of the senate committee substitute house bill 257 on its second reading. All in favor will vote aye, all opposed will vote no. Five seconds will be allowed for the vote. The clerk will record the vote: 46 having voted in the affirmative and none in the negative. Senate committee substitute house bill 257 has passed a second reading and will, without objection, be read a third time. Clerk: NC [xx] Speaker: Is there any further discussion or debate? Hearing none. Question before the senate is the passage of the senate committee substitute house bill 257 on its third reading. All in favor will vote aye. [aye] Speaker: All opposed will vote no. [silence] The aye’s have it and the senate committee substitute house bill 257 has passed its third reading

...and will be sent to the House on the issue of concurrence in the Senate Committee Substitute. House Joint Resolution 259. The Clerk will read. [SPEAKER CHANGES] House Joint Resolution 259, Honor Edward L. Williamson. [SPEAKER CHANGES] Senator Walters is recognized. [SPEAKER CHANGES] Thank you, Mr. President. Members, Ed Williamson served in the House of Representatives in 1959. He was a native of Columbus County. And more importantly, he was a leader in Columbus County, not only a civic, but as well as a practicing attorney for 50 years. And the one thing that I remember about Ed was his demeanor. He was a gentleman in all aspects of his life, including the courtroom, as well as his civic and personal life throughout Columbus County. And I've asked for your support in this resolution. Thank you. [SPEAKER CHANGES] Is there further discussion or debate on the resolution? Hearing none, the question before the Senate is the passage on second reading of House Joint Resolution 259. All in favor will vote aye, all oppose the vote no. Five seconds will be allowed for the voting. The Clerk will record the vote. McLauren, aye. Forty-six having voted in the affirmative and none in the negative. House Joint Resolution 259 has passed it's second reading and will, without objection, be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Further discussion or debate? Hearing none, the question before the Senate is the passage on third reading of House Joint Resolution 259. All in favor will say aye. All opposed will say no. The ayes have it and House Joint Resolution 259 honoring Edward L. Williamson has passed its third reading and will be enrolled. House Bill 340, the Clerk will read. [SPEAKER CHANGES] House Bill 340, Limited Lines Travel Insurance. [SPEAKER CHANGES] Senator Sanderson is recognized. [SPEAKER CHANGES] Thank you, Mr. President. Members, House Bill 340 will allow the Department of Insurance to license national travel insurance producers to sell travel insurance through third party travel retailers. This is a practice that's been going on for many years. We are now bringing it under the Department of Insurance. It has the support of the U.S. Travel Insurance Association, the North Carolina Department of Insurance, the Independent Insurance Agents of North Carolina, North Carolina Association of Realtors among a few. And I no of no opposition and I ask for your support. [SPEAKER CHANGES] Is there further discussion or debate? Hearing none, the question before the Senate is the passage of the Senate Committee Substitute to House Bill 340 on it's second reading. All in favor will vote aye. All opposed will vote no. Five seconds will be allowed for the voting. The Clerk will record the vote. Forty-six having voted in the affirmative and none in the negative. The Senate Committee Substitute to House Bill 340 has passed its second reading and will, without objection, be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Further discussion or debate? Hearing none, the question before the Senate is the passage of the Senate Committee Substitute to House Bill 340 on its third reading. All in favor will say aye. All opposed no. The ayes have it and the Senate Committee Substitute to House Bill 340 has passed its third reading and will be sent to the House on the issue of concurrence in the Senate Committee Substitute. House Bill 391, the Clerk will read. [SPEAKER CHANGES] House Bill 391, Volunteer Service in Retirement. [SPEAKER CHANGES] Senator Randleman is recognized. [SPEAKER CHANGES] I got this one. Thank you. [SPEAKER CHANGES] Senator Apodaca is recognized. [SPEAKER CHANGES] Senator Randleman's about worn us out tonight, but she's done very well keeping them short and concise. Senator, thank you. This bill simply allows volunteers who have just retired from the State to work as guardian ad litem and UNC board members or trustees and community college during the six-month period after they retire. Since they volunteer at a, was some question whether they could do that or not. This just allows it. I'm aware of no opposition or apposition. [SPEAKER CHANGES] Is there further discussion or debate? Hearing none, the question before the Senate is the passage of the Senate Committee Substitute to House Bill 391 on its second reading. All in favor will vote aye, all opposed will vote no. Five seconds will be allowed for the voting. The Clerk will record the vote. Forty-six having voted in the affirmative and none in the negative. The Senate Committee Substitute to House Bill 391 has passed its second reading and will, without objection, be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Is there...

Further discussion or debate. Hearing on question before the Senate is the passage of the Senate Committee Substitute to House Bill 391 on its third reading. All in favor will say aye. All opposed no. The ayes have it. And the Senate Committee Substitute to House Bill 391 has passed on its third reading and will be sent to House on the issue of concurrence and the Senate Committee Substitute. House Bill 895, the clerk will read. [SPEAKER CHANGES] House Bill 895 ?? Health Education Center, honor Representative Mary Nesbitt. [SPEAKER CHANGES] Senator Apodaca is recognized. [SPEAKER CHANGES] Thank you Mister President, members. I never had the occasion to know Representative Nesbitt. But everything I've heard about her she was a remarkable woman. And dedicated her life to service of the folks of Western North Carolina state and North Carolina. She was a dedicated teacher. And Andrew, what I found most interesting, she had a Bachelors and Masters from Culloway. So that puts her in an elite category right off the bat. But, she served in the House from 1975 through 1979 and served with distinction. I asked the Senator, Blue, if he knew her and I think it was before his time. And Senator Allran didn't know her either, he came in right as she was leaving I believe. She was known as a remarkable woman. She actually, from what I can understand only had one fault. And that was a son who took over for her when she passed in 1979, was it Martin? And I know she's proud of you. We all are, in Western North Carolina, truly. But, I think, what speaks volumes about Mrs. Nesbitt are the three sponsors of this bill. And that is how well she is thought of, and still thought of in North Carolina. And with her attention and dedication to education, we thought the Mayheck Educational Facility would be the excellent place to name it after. So I encourage you to support this and honor a great lady. Thank you. [SPEAKER CHANGES] Further discussion or debate? Hearing on the question for the Senate is the passage on second reading of House Bill 895. All in favor vote will aye, all opposed vote will no. Five seconds will be allowed for the voting. Clerk will record the vote. 46 having voted in the affirmative and none in the negative. House Bill 895 has passed the second reading and will, without objection be read a third time. [SPEAKER CHANGES] North Carolina general assembly enacts. [SPEAKER CHANGES] Members of the Senate the question before the Senate at this time is the passage on the third reading of House Bill 895, all in favor will please stand. It is unanimous, House Bill 895 has passed its third reading and will be enrolled and sent to the Governor. House Bill 917, the clerk will read. [SPEAKER CHANGES] House Bill 917, adopt Dublin Peanut Festival. [SPEAKER CHANGES] Senator Bingham, you gonna have some peanuts with your fish? [SPEAKER CHANGES] I wasn't expected, but I do know more about peanuts than I did shad, but I got a lesson from a colleague here behind me about shad. I know of no opposition to this bill and I would urge your support and be happy to try to answer any questions. Thank you. [SPEAKER CHANGES] Further discussion or debate? [SPEAKER CHANGES] Senator Tucker for what purpose do you rise? [SPEAKER CHANGES] Thank you Mister President, Senator Bingham will you yield to a question? [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] Senator Bingham can you please tell me when the Dublin Peanut Festival is held. [SPEAKER CHANGES] If you would, what was that question again, I'm sorry I didn't hear you. I'm gonna let Senator Berger answer this. [SPEAKER CHANGES] Can you tell me when the Dublin Peanut Festival is held? [SPEAKER CHANGES] It's July the 37th. [SPEAKER CHANGES] Thank you sir. [SPEAKER CHANGES] 37th. [SPEAKER CHANGES] Senator Tillman, for what purpose do you rise? [SPEAKER CHANGES] I.

I would like to ask Senator Bingham if he'll wake up. I would like to ask Senator Bingham for his attention to a question if he yields. [SPEAKER CHANGES] Senator Bingham, do you yield? [SPEAKER CHANGES] Yes, sir. [SPEAKER CHANGES] Senator Bingham, it is true that you know nothing about shad. [SPEAKER CHANGES] You are exactly right. I understand they are similar to sardines and I know you like them so that's good. [SPEAKER CHANGES] They're not similar to sardines, but. [SPEAKER CHANGES] Follow up? [SPEAKER CHANGES] Follow up. [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] You know a lot more about peanuts. [SPEAKER CHANGES] Yeah, I love, see, I get a pack every day or two from Clark Jenkins and these are delicious and they don't taste like fish. [SPEAKER CHANGES] Follow up. [SPEAKER CHANGES] Follow up. [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] Since you can't tell us and have no idea when the peanut festival is, I would like to ask you on a follow up question, how in the world are we supposed to plan to attend the festival? [SPEAKER CHANGES] Well, it's the third Sunday in September. Saturday, Saturday, sorry, Senator Tillman. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] Hearing no further discussion or debate. Senator Rabin, for what purpose do you rise? [SPEAKER CHANGES] Mr. President, to make a comment please. [SPEAKER CHANGES] You have the floor to debate the bill. [SPEAKER CHANGES] Thank you, sir. To educate the Senate I would like everyone to know that it takes a peanut 5 months to grow and mature and that you always dig peanuts on or around Labor Day and you have your first boiled peanuts the day of the first race, so I would like to tell you that the Peanut Festival will be in September, sir. [SPEAKER CHANGES] Further discussion or debate. Hearing none, the question before the Senate is the passage on second reading of the Senate Committee Substitute to House Bill 917. All in favor will vote aye, all opposed will vote no. Five seconds will be allowed for the voting. The clerk will record the vote. 46 having voted in the affirmative and none in the negative, the Senate Committee Substitute to House Bill 917 has passed its second reading and without objection will be read a third time. [SPEAKER CHANGES] The General Assembly of North Carolina enacts. [SPEAKER CHANGES] Further discussion or debate. Hearing none, the question before the Senate is the passage on third reading of the Senate Committee Substitute to House Bill 917. All in favor say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All opposed, no. The ayes have it and the Senate Committee Substitute to House Bill 917 has passed its third reading and will be sent to the House on the issue of concurrence in the Senate Committee Substitute. House Joint Resolution 90, the clerk will read. [SPEAKER CHANGES] House Joint Resolution 90, Honoring Haysville 100th Anniversary. [SPEAKER CHANGES] Senator Davis, for what purpose do you rise? [SPEAKER CHANGES] To speak to the resolution. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Thank you, Mr. President, ladies and gentleman. This resolution does just what it says. It honors Haysville for their 100th year of existence and I understand that everybody that's anybody will vote for this so I ask for your support. Thank you. [SPEAKER CHANGES] Further discussion or debate. Hearing none the question before the Senate is the passage on second reading of House Joint Resolution 90. All in favor will vote aye, all opposed will vote no, 5 seconds will be allowed for the voting. The clerk will record the vote. 44 having voted in the affirmative and 2 in the negative, House Joint Resolution 90 has passed its second reading and without objection, will be read a third time. [SPEAKER CHANGES] The General Assembly of North Carolina enacts. [SPEAKER CHANGES] Is there further discussion or debate? Hearing none, the question before the Senate is the passage on second reading of House Joint Resolution 90. All in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All opposed, no. The ayes have it and House Joint Resolution has passed its third reading and will be enrolled. Members of the Senate, being a Monday night we have our pages here for the first day of work and, pages, if you would assemble to be introduced, we'll give you a moment to get up here. In the mean time, does anyone have any announcements or? [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Can I do some motions? Let's introduce the pages, these will take 25. [SPEAKER CHANGES] Pages serving in the chamber this week, Warren Babb from Charlotte, Isabel Ferguson, Raleigh, Melissa Foog

Rodney Harrington II, Huntersville, Xavier Roscoe, Gatesville, Bailey Cheryl, Hiddenite, Brianna Thompson, Nightdale, Nathaniel Vane, Charlotte, Laura Wittington, Soccowinone, Jackson Whitner, Charlotte, Sierra Wiley, Charlotte. [SPEAKER CHANGES] Members of the Senate, these are your pages for this week. Pages we hope that you will enjoy your week. Hope that you will learn something about how your state government and your North Carolina Senate operates. Take advantage of the opportunity you have to speak with your sponsors. Take advantage of the opportunity you have to observe and ask questions about what is transpiring in the Senate. We hope you do enjoy it and we thank you for your service this week. Senator Apodaca is recognized for a series of motions. [SPEAKER CHANGES] Thank you, Mr. President, members. For tomorrow's calendar, I want to read a list of bills we had put in the clerk's office to bring back out for the calendar. If I might, Mr. President, I just want to read the number and not the title. Is that all right madam clerk. OK. House Bill 250, House Bill 290, House Bill 94, House Bill 357, House Bill 362, House Bill 371, House Bill 392, House Bill 402, House Bill 404, House Bill 418, House Bill 428, House Bill 450, House Bill 462, House Bill 492, House Bill 510, House Bill 529, House Bill 543, House Bill 754, House Bill 767, House Bill 816, House Bill 982, House Bill 358, House Bill 168. [SPEAKER CHANGES] Senator Apodaca, am I correct in my understanding that these are all bills that were on the calendar last weeks and they were taken off the calendar and left in the clerk's office. [SPEAKER CHANGES] That is correct, Mr. President. So move they be placed on tomorrow's calendar. [SPEAKER CHANGES] Without objection. [SPEAKER CHANGES] Mr. President, House Bill 327, fire and rescue pensions revisions of 2/13 is currently Appropriations on base budget. It's been deemed not to have an appropriation issue so I ask that it be removed and placed on tomorrow's calendar. [SPEAKER CHANGES] Without objection. [SPEAKER CHANGES] Mr. President, House Bill 951, eliminate tax designation for political party, currently in the office of the principal clerk. Clerk asked that it be removed and re-referred to the Committee on Rules. [SPEAKER CHANGES] Without objection. [SPEAKER CHANGES] House Bill 467, breast density notification awareness, currently in the clerk's office. Ask that it be removed from the clerk's office and placed on the calendar for Monday, July 8th. [SPEAKER CHANGES] Without objection. [SPEAKER CHANGES] Thank you, Mr. President. Announcement while I'm up. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] The Rules Committee will be meeting tomorrow morning at 9 o'clock in our usual location. [SPEAKER CHANGES] Further notices and announcements? Senator Brown, for what purpose do you rise? [SPEAKER CHANGES] An announcement. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Republicans will caucus tomorrow morning at 8 o'clock. Tomorrow morning at 8 o'clock, caucus. [SPEAKER CHANGES] Senator Gunn, for what purpose do you rise? [SPEAKER CHANGES] Announcement. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Commerce Committee, tomorrow, 11 o'clock, usual watering hole. [SPEAKER CHANGES] Are there further notices or announcements. Senator Newton, for what purpose do you rise? [SPEAKER CHANGES] Brief announcement and at the appropriate time a moment of personal privilege. [SPEAKER CHANGES] You have the floor for an announcement. [SPEAKER CHANGES] Thank you, Mr. President. J1 Committee will be meeting tomorrow at 10 o'clock at its usual place. [SPEAKER CHANGES] You have the floor for your moment of personal privilege. [SPEAKER CHANGES] Thank you, Mr. President. Colleagues, on your desk was placed a flower from the wildlife commission. I mentioned to you before that after the sportsmans' caucus, we raised money for these chairs and I just thought you might find it interesting to see what it was that was acquired, that 10 of these chairs were acquired to help our disabled folks get out into the woods and enjoy our great state. Thank you. [SPEAKER CHANGES] Are there further notices or announcements. Senator Apodaca, for what purpose do you rise. [SPEAKER CHANGES] Mr. President, maybe just a quick announcement on what we're doing this week. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] OK. Thank you, Mr. President. Members, our intent

[SPEAKER CHANGES] Its to have committee meetings in the morning, session tomorrow, what time Lewis? One o'clock tomorrow. Go through these Bills. We'll probably have at least one Bill that will have to do third reading on Wednesday. So our plan is to come in Wednesday morning around nine a.m., get that done and get out of town for the holiday, so just wanted to give you an overview. That's where we stand at this point. [SPEAKER CHANGES] Further notices or announcements? Senator Nesbitt [???] [SPEAKER CHANGES] Would the gentlemen yield to a question? [SPEAKER CHANGES] Senator Apodaca do you yield? [SPEAKER CHANGES] Long time since I have been called a genltmen. Yes sir. [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] Well you been one tonight and I appreciate you. Will it mess up the plan of salvation if we session to two o'clock? We had something scheduled for our caucus from twelve thirty to one thirty. [SPEAKER CHANGES] I don't see a problem with that Senator. [SPEAKER CHANGES] We're going to be here all day anyhow. [SPEAKER CHANGES] Yeah. That's fine. [SPEAKER CHANGES] Tomorrow. [SPEAKER CHANGES] Follow up with Senator Nesbitt. Will there, will there be food involved that you can bring to everyone? [SPEAKER CHANGES] I'll slide some outside the door for you Senator Apodaca. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] Further notices or announcements? Is there further business to come before the Senate? If not, the Chair recognizes Senator Pate for a motion. [SPEAKER CHANGES] Thank you Mr. President. I move that the Senate do now adjourn subject to the receipt of committee reports, the receipt and re-referral of messages from the House and the Governor. The re-referral of Bills and resolutions and the ratification of Bills, to reconvene on Tuesday, July Second, Two Thousand Thirteen at two p.m. [SPEAKER CHANGES] The motion is that the Senate do now adjourn so subject to the stipulations stated by Senator Pate, to reconvene Tuesday July the Second at two p.m. Seconded by Senator Nisbitt, all in favor say aye. All opposed say no. The ayes have it. And the Senate stands, adjourned.