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Senate | July 3, 2013 | Chamber | Session

Full MP3 Audio File

Senate will come to order. Senate will come to order. Sargent in arms will close the doors. Members will go to their seats. Members and guests in the gallery will silence all electronic devices. Before we get started today, let me remind all of our guests in the gallery that the senators that are before you on the floor today are your voice on all matters, and they are the only ones we will be hearing from today. So, please stay silent and please let your senators speak on your behalf. Leading the senate in Prayers today is Reverend Peter Milner, senate chaplain, all members and guest in the gallery will please stand. [SPEAKER CHANGES] Let us bow our heads and pray. Almightly God, we thank you for fresh mercy that falls down every morning, your light heralds the beginning of a new day. In thanksgiving for your faithfulness and constancy oh Lord. We pray for clearheadedness today, we pray for endurance, we pray these senators might keep in mind those that they serve. We pray for those on my left and my right from the deception of self-righteousness and guide them in the ways humility. Alert us to the peace we can impart on others, which comes from your storehouse of blessing, show each of us how to walk this day in love, as Christ loved us and gave Himself up for us, a perfect offering. May the Lord bless us, keep away evil and lead us to eternal life. Amen. [SPEAKER CHANGES] Senator Berger is recognized for a motion [SPEAKER CHANGES] Thank you Mr. President. The journal of Tuesday, July 2, 2013 has been examined and has found to be correct. I move that we dismiss with the reading of the journal and that it stand approved as written. [SPEAKER CHANGES] Without objection the journal for July 2 stands approved as written. Senators we have leaves of absence today granted for Senators Walters, Don Davis, Senator Jenkins, Senator Robinson, Rabin, McClauren and Barringer. Senators we do have a nurse of the day, Katherine Perrera, Nurse Perrera, please stand and be recognized for your service to the Senate today. Senators we are going to move right into the calendar for the day, starting with local bills. Third reading role call bill house bill 529, ??? Housebill [NO AUDIO FROM 3:50-4:26 [SPEAKER CHANGES] Senator Tillman for what purpose do you? [SPEAKER CHANGES] I would like to change my vote, I wasn't paying attention sir, to No on that last one. [SPEAKER CHANGES] Tillman No, Final Count. [SPEAKER CHANGES] Mr. President [SPEAKER CHANGES] 33-10 [SPEAKER CHANGES] Mr. President, I got confused on the number, I want my vote to be no [SPEAKER CHANGES] Senator Newton changes his vote to no, 32 to 11. Second reading local bills, house bill 468 ??? Reed [SPEAKER CHANGES] House bill 468 High point electric

??? Charter amendments. [SPEAKER CHANGES] Do we have any discussion and debate? [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Hise, for what purpose do you rise? [SPEAKER CHANGES] To send forth an amendment. [SPEAKER CHANGES] Senator Hise, you can send forward your amendment. Clerk will read. [SPEAKER CHANGES] Senator Hise moves to amend the bill. [SPEAKER CHANGES] Senator Hise is recognized to explain the amendment. [SPEAKER CHANGES] Thank you Mr. President and members of the Committee. In amending the Town Charter, ?? astutely discovered that they had made gender neutral some statutes that had been repealed more than two decades ago so rather than bring them back into the process here we're just simply adding an amendment to remove them. [SPEAKER CHANGES] Is there any discussion or debate? Hearing none, question before the Senate is the passage of Amendment 1. All in favor vote aye, opposed to the vote no, five seconds will be allowed for the voting and the Clerk will record the vote. [SPEAKER CHANGES] Daniel. [SPEAKER CHANGES] Aye. 43 having voted in the affirmative and zero in the negative, Amendment 1 is adopted. The Bill as amended is back before the body. Is there any discussion or debate? Hearing none, question before the Senate is the passage of Senate Committee substitute to House Bill 468 as amended on its second reading. All in favor will say aye. Opposed no. The ayes have it. Senate Committee substitute to House Bill 468 as amended passes its second reading. Senators we're going to back up and re-vote that. We have to vote that one electronically because of the amendment. So the question before the Senate is the passage of the Senate Committee substitute to House Bill 468 as amended on its second reading. All in favor will vote aye. Opposed to vote no. Five seconds will be allowed for the voting and the Clerk will record the vote. Stein aye. Clark aye. 43 having voted in the affirmative and zero in the negative Senate Committee substitute to House Bill 468 as amended passes its second reading. Without objection to be read a third time. [SPEAKER CHANGES] ??? [SPEAKER CHANGES] Any discussion or debate? Hearing none, the question before the Senate is the passage of the Senate Committee substitute on House Bill 468 as amended on its third reading. All in favor will say aye. Opposed no. The ayes have it. Senate Committee substitute to House Bill 468 as amended passes its third reading. The amendment will be engrossed and will be sent to the House for concurrence in the Senate Committee substitute. Moving on to public bills. Third reading. Roll call bill. House Bill 816. Clerk will read. [SPEAKER CHANGES] House Bill 816. Tobacco Growers Assessment Act. [SPEAKER CHANGES] Is there any discussion or debate? Hearing none, the question before the Senate is the passage of Senate Committee substitute to House Bill 816 on its third 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. 43 having voted in the affirmative and 0 in the negative Senate Committee substitute to House Bill 816 passes its third reading. It will be sent to the House for concurrence in the Senate Committee substitute. House Bill 998. The Clerk will read. [SPEAKER CHANGES] House bill 998. Tax Reduction Act. [SPEAKER CHANGES] Senator Berger is recognized. [SPEAKER CHANGES] Thank you Mr. President. Members of the Senate. Members, we had a full and robust discussion about this bill yesterday and I would just urge you to vote for the bill. Thank you. [SPEAKER CHANGES] Is there any discussion or debate? Senator Nesbitt, for what purpose do you rise? [SPEAKER CHANGES] Thank you Mr. President. To speak on the bill. [SPEAKER CHANGES] Senator Nesbitt has the floor to speak to the bill. [SPEAKER CHANGES] Thank you Mr. President. Members of the Senate. Any time we get into a debate on the tax bill it seems like groundhog day to me. We just kind of keep doing the same thing over and over. This is the third bill that's been brought forth to us. Basically all three do the same thing. The people on the other two got in an uproar. You all went off and negotiated, framed around the edges a little bit, put a little lipstick on it, and here it comes back. This bill does the same thing the others did. You're taxing the middle class to give tax cuts for the rich. It's that simple. This bill hurts working people and it hurts the middle class so that we can give huge tax breaks to those at the very top and out of state corporations. In addition to that you're creating a $1 billion hole, you're projecting revenue in the future at only inflation and population growth which you're going to have to cover both of those and trying to maintain that so you're not creating a hole. You're taking a billion dollars out (audio ends)

[Speaker changes.]...for that which means you're gonna hafta cut services to somebody and it's gonna be those same people that are hurt by the tax break. I urge you to reject this...and hopefully on the fourth time, we'll get something in here that's called tax reform which actually does fix our tax system but doesn't do it on the backs of the middle-class and working families in this state. [Speaker changes.] Further discussion or debate. Hearing none. The question before the Senate is the passage of Senate Committee Substitute Number Two as amended to House Bill 998 on its third reading. All in favor vote aye, opposed will vote no. Five seconds will be allowed for the voting. Clerk will record the vote. Twenty-nine having voted in the affirmative, fourteen in the negative. Senate Committee Substitute Number Two/House Bill 998 has amended. Passes its third reading. The amendment will be ?????, will be sent to the House for concurrence in the Senate Committee Substitute. We'll be moving on the a third reading non-roll call, public bills. Senators, we have excused absences for Rucho and Hartsell for the remainder of the day. Third reading, non-roll call, public bills, House Bill 94, the Clerk will read. [Speaker changes.] House Bill 94, amend environmental laws 2013. [Speaker changes.] Do we have any discussion or debate? [Speaker changes.] Mr. President? [Speaker changes.] Senator Bryant, for what purpose do you rise? [Speaker changes.] To debate the bill. [Speaker changes.] Senator Bryant has the floor to debate the bill. [Speaker changes.] On yesterday, I objected to third reading to look at the amendment regarding the request of the Commission for Public Health to make rules regarding smoking in restaurants and bars and, while I think we are putting in a time clock because one employee is late and we could really probably deal with that one situation we know about, I am supporting the bill. I do regret that we're fast tracking those rules and also regret that we're opening up a situation that has been working well for our restaurants and bar owners and tobacco growers and health advocates since we enacted this ban so I'm concerned about that. But thank you for the time to look at the details of the statutes that were put in. Thank you. [Speaker changes.] Thank you, Senator. Any further discussion or debate? [Speaker changes.] Senator Nesbitt, for what purpose do you rise? [Speaker changes.] Thank you, Mister President..to speak on the bill. [Speaker changes.] Senator Nesbitt has the floor to speak to the bill. [Speaker changes.] Thank you, Mister President...members of the Senate...this is an interesting bill. I've...the fracking issue is something that was new to all of us and we been goin' through it and, as you know, a number of us are concerned about the environment and the fact that we may be gettin' the cart before the horse. If you can remember, when we started on this, we were gonna do a study and then come back and kinda do it and we decided well...we didn't really need to do all that, we'd just do it and then everything would fall into place and we created the Mining Commission to put together the rules about how we would proceed and, I'm gonna be honest with ya', it scared me to death. I didn't have a lot of faith in the Mining Commission and, what I read in the paper about appointments, I had even less faith in it but it was the group that was gonna do something and they were meeting in public and they were taking input and moving forward and now I found out that they are about our only hope. What we've done here is basically take the transparency out of the fracking. We're going to allow people to put into our ground chemicals, which we don't disclose enough information about for people to be on the watch for. And this was your... NO AUDIO from 4:35 til 5:00 [Speaker changes.]

trying to clean out the aquifer from now on, and you won't get it done. That's what's happened in other places where we've gone wrong. So I urge you to vote against this bill, and to allow the mining commission to proceed with its public comment and its input on the proper rules on this. [SPEAKER CHANGES] Any further discussion or debate? Sen. Bryant, for what purpose do you rise? [SPEAKER CHANGES] To speak a second time. [SPEAKER CHANGES] Sen. Bryant has the floor to speak a second time. [SPEAKER CHANGES] I think I misspoke when I said I was supporting the bill. I am letting go of my objection to that ammendment, which was adding into the bill the issue about the smoking ban in restaurants. I just wanted to clarify. Thank you. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, the question before the Senate is the passage of the Senate committee substitute to House bill 94, as ammended, on its third reading. All in favor vote "Aye", opposed to vote "no", five seconds will be allowed for the voting, clerk will record the vote. 30 having voted in the affirmative, and 11 in the negative, the Senate committee substitute to House bill 94, as ammended, passes its third reading. The ammendments will be engrossed to be sent to the House for concurrence in the Senate committee substitute. House bill 168, the clerk will read. [SPEAKER CHANGES] House bill 168, division of attorney's fees and worker's compensation. [SPEAKER CHANGES] Sen. Goolsby is recognized. [SPEAKER CHANGES] Thank you Mr. President. I have a series of 4 motions, the first is having voted with the majority for second reading on House bill 168, I move that the Senate now reconsider the vote to pass House bill 168 on its second reading. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] Thank you Mr. President. [SPEAKER CHANGES] Having voted with the majority on amendment 1 to House bill 168 I now move that the Senate reconsider the vote to adopt amendment 1 to House bill 168. [SPEAKER CHANGES] Without objection? So ordered. [SPEAKER CHANGES] Mr. President? I would like to withdraw ammendment 1 to House bill 168. [SPEAKER CHANGES] So ordered. [SPEAKER CHANGES] And Mr. President, I would like to send up an amendment to House bill 168. [SPEAKER CHANGES] Senator, you can send forward your amendment. The clerk will read. [SPEAKER CHANGES] Sen. Goolsby moves to amend the bill. [SPEAKER CHANGES] Sen. Goolsby is recognized to explain the amendment. [SPEAKER CHANGES] Thank you Mr. President. Apparently, there was a technological glitch when I handed the handed the bill up yesterday. It appears that the IPC code was scanned and it scanned in a different amendment than the one that I handed up and we voted on. All this amendment does is it makes the acts effective, date- It deals with the laws that were filed for Superior court cases, all of those that were filed prior to the effective date will not be affected by this amendment and by the bill itself and I would simply appreciate your support, that's what we thought we we voting on yesterday. [SPEAKER CHANGES] Is there any discussion or debate? Hearing none, the question before the senate is the passage of amendment 2, all in favor vote "aye", opposed to vote "no", 5 seconds will be allowed for the voting and the clerk will record the vote. Kinnaird, Aye. 41 having voted in the affirmative and 0 in the negative, amendment 2 is adopted. The bill as amended is back before the body is there any further discussion or debate? Hearing none, the question before the Senate is the passage of the comittee substutute to House bill 168 as amended on its second reading, all in favor to vote "Aye", opposed to vote "no", 5 seconds will be allowed for the voting, the clerk will record the vote. 41 having voted in the affirmative and 0 in the negative, committee substitute to Houes bill 168 as amended passes its second reading and without objection will be read a third time. [SPEAKER CHANGES] North Carolina, general assembly enacts. [SPEAKER CHANGES] Any discussion or debate? Hearing none, the question before the Senate is the passage of the comittee substutute to House bill 168 as amended on its third reading, all in favor will say "Aye". [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed, "no". "Aye"s have it, committee substitute to House bill 168 as amended passes its third reading bill will be sent to the

House for concurrence in the Senate amendment. House bill 296, the clerk will read. [SPEAKER CHANGES] House Bill 296, Omnibus Wildlife Resources Commission Act. [SPEAKER CHANGES] Is there any discussion or debate? Hearing none. The question before the Senate is the passage of the Senate Committee Substitute to House Bill 296 as amended on its third reading. All in favor will vote aye. Opposed will vote no. Five seconds will be allowed for the voting. The clerk will record the vote, 38 having voted in the affirmative and 3 in the negative. The Senate Committee Substitute to House Bill 296 as amended passes its third reading. The amendment will be engrossed, it will be sent to the House for concurrence in the Senate Committee Substitute. House Bill 695, the clerk will read. [SPEAKER CHANGES] House Bill 695, Family Faith and Freedom Protection Act. [SPEAKER CHANGES] Is there any discussion or debate? [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Stein, for what purpose do you rise? [SPEAKER CHANGES] To debate the bill. [SPEAKER CHANGES] Senator Stein has the floor to debate the bill. [SPEAKER CHANGES] Thank you. Members of the Senate, last night there were about 20 people in the gallery because you tried to sneak this bill through without letting the people know. Well look around you. This is the result of people talking from 8 PM to midnight last night. Wait until they read the paper this morning or read the paper over the weekend. The lesson is pretty clear. When you infringe upon people's fundamental constitutional rights you spark them to action. The purpose of this bill is to make it harder, more onerous for healthcare professionals to provide women access to a constitutionally protected medical procedure. It does it in a number of ways. It limits a woman's ability to pay for the services by denying them access to insurance. This is so even though the Affordable Care Act requires that there be no taxpayer money go to pay for an abortion yet you all say that no one can get health insurance through the exchange that has abortion coverage. The bill also interferes with local government's decisions about what healthcare benefits to provide their people. This is but one more example of you here in Raleigh telling local communities that you know better than them what their people merit. No one believes that abortion should be performed for sex selection but this bill authorizes a disgruntled spouse or guardian to bring a civil action against the provider making such an allegation, introducing a threat of litigation and massive fines. The bill imposes burdens on care, dictating to the doctor how to do his or her job. It requires that the physician prescribing the drug to a person sit with that person while it's being administered. A medical abortion, one which is carried out using medication, is five times safer than Viagra. If you really care about [...] you were essentially tripling the requirements on them for absolutely no medical purpose. Of the 36 clinics in North Carolina only one, which is in Asheville, meets this standard. So you're saying, to any woman who chooses to exercise her rights, she has to drive to Asheville. No matter if they live in Wilmington or Charlotte or Raleigh. These standards include things about ventilation systems and surgical sinks and the type of linoleum and the type of paint. Things that have absolutely nothing to do with what happens in a clinic.

Ovum retrieval, draining neck and intra-oral abscesses, changing tracheotomy tubes, minor ear surgeries, reduction of fractures. Procedure after procedure are done on a ... [AUDIO BREAKS 00:17-00:37] ...clinics providing women healthcare options. Your efforts will not change, however, what decision a woman makes when facing that most intense, most personal, and most difficult decision as to what to do with their pregnancy. And the sad irony is that the result of your bill will cause more unwanted pregnancies to occur. Because what the bulk of what these clinics do is provide reproductive healthcare counseling, family planning, and reproductive healthcare. So by shutting them down, you're denying women access to the birth control that keeps them from having unwanted pregnancies. Furthermore, you shut them down, women are still going to want to have abortions. We as a state and a nation have been there in the 60s and 70s. We know what the consequences are. Please let us not go back to those days. The irony that you all attach these anti-abortion provisions on the anti-Sharia law is really astounding. [SPEAKER CHANGES] Gallery! Excuse me, Senator. [SPEAKER CHANGES] Yes. [SPEAKER CHANGES] This will be the last warning for the Gallery. Your voices will be silent. [AUDIO BREAKS 02:05-2:22] [SPEAKER CHANGES] ?? In recognition that the United States Constitution and the Constitution of North Carolina constitute the supreme law of this state, the General Assembly hereby declared that it to be the public policy of this state to protect its citizens from the application of foreign law that would result in a violation of a fundamental constitutional right of a natural person. That's what this bill says. It's about some foreign law, anti-Sharia law. There's not a single instance.... [AUDIO BREAKS 03:01-03:17] Vote against this legislation. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator McKissick, what purpose do you rise? [SPEAKER CHANGES] Speak on the bill. [SPEAKER CHANGES] Senator McKissick has the floor to speak on the bill. [SPEAKER CHANGES] I find this bill deeply, deeply disturbing. We're rolling back the hands of time on the rights of women in North Carolina. Rather than being proactive in protecting their rights, their liberties, and their constitutionally protected zone of privacy, instead we're invading it. Since Roe v. Wade, Supreme Court decision allowing abortions, it was based on the right of privacy. But yet today, we're further intruding on that zone. Last year you passed bills saying that women would have to listen to a fetal heartbeat, they'd have to go back home and they'd have to think and reflect before they're making the most personal decisions of their lives. Now we're saying we're going to have doctors interrogate them as to the reason they're seeking abortions to see if it was based upon the gender of the child they may be carrying. These are uniquely and intentionally and immensely personal decisions. We should not be invading on that constitutionally protected zone of privacy. And we're literally putting a padlock on the door of every abortion clinic here in North Carolina through these stringent new standards that are contained in this bill. [AUDIO BREAKS 4:38-4:51] ... ?? within their lives. And more importantly we're telling state and local governments... [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Daniels, what purpose do you rise? [SPEAKER CHANGES] Will Senator McKissick yield to a question? [SPEAKER CHANGES] Senator McKissick, do you yield? [AUDIO ENDS]

Question. [SPEAKER CHANGES] Not at this time. [SPEAKER CHANGES] Senator McKissick you have the floor. [SPEAKER CHANGES] They cannot offer coverage for abortions. We are doing the wrong thing in terms of protecting the rights of women in North Carolina. They're immensely personal decisions relating to children they may be carrying. Regardless of what you may think personally, these are constitutionally protected rights that have been upheld by the United States Supreme Court. ?? send forth an amendment. [SPEAKER CHANGES] Senator McKissick you can send forth your amendment. The clerk will read. [SPEAKER CHANGES] Senator McKissick moves to amend the bill. [SPEAKER CHANGES] Decision about the health insurance coverage which they seek. To protect them and their interest and their welfare. They should have the privilege to do so. Without interference by this chamber. So I ask your support on amendment one. [SPEAKER CHANGES] Is there any discussion or debate? Senator Daniel, for what purpose do you rise? [SPEAKER CHANGES] To debate the amendment. [SPEAKER CHANGES] Senator Daniel has the floor to debate the amendment. [SPEAKER CHANGES] Is. 12 to 29 Senator Randleman. Senator Mckissick is recognized. [SPEAKER CHANGES] I'd like to send forth a second amendment it should be with the clerk and available in your dashboard. [SPEAKER CHANGES] The clerk will read. [SPEAKER CHANGES] Senator McKissick moves to amend the bill. [SPEAKER CHANGES] Senator McKissick is recognized to to explain the amendment. [SPEAKER CHANGES] Pretty straight forward amendment. Even if a hospital chooses not to offer abortions as part of what they do. In terms of what their doctor's privileges might be. What it would simply say, is if you went to an abortion clinic, some other facility that did. But for some reason there was an emergency condition that occurred relating to your health as a result of that procedure. That hospital that normally would not require or allow abortions to be conducted there, would be required by emergency care, if that person showed up at their door needing help. We shouldn't turn our backs on people in these situations. We don't know who may be coming forward. We don't know what the circumstances might be. But we want to make sure.

[Speaker changes.] ...hospital doors are open to provide the thoughtful care that is needed in times of assistance for those who might have gone a procedure elsewhere so I ask for your support. [Speaker changes.] Any discussion or debate? [Speaker changes.] Senator Tarte, for what purpose do you rise? [Speaker changes.] To discuss the amendment. [Speaker changes.] Senator Tarte has the floor to discuss the amendment. [Speaker changes.] Just a note, my wife is a physician. I've worked in hospitals (AUDIO GAP 0:24 to 1:23) [Speaker changes.] ...on the table. Mister President? [Speaker changes.] Senator McKissick, for what purpose do you rise? [Speaker changes.] Just a concluding remark in connection with this bill. [Speaker changes.] Senator McKissick, you have the floor to speak a second time. [Speaker changes.] My colleagues in this chamber, as you can see today, our galleries are full...(AUDIO GAP 1:38 to 2:23...applause followed by gavel.) [Speaker changes.] Sargent-at-arms, please remove the disturbances from the gallery. Anybody that's making disturbances in the gallery, please have them removed at this time and I would ask all of you in the gallery that while we appreciate you being here, we shoul??? (AUDIO GAP 2:42 to 3:10) [Speaker changes.] Mister Chairman? [Speaker changes.] Senator Graham, for what purpose do you rise? [Speaker changes.] To speak on the bill. [Speaker changes.] Senator Graham has the floor to speak to the bill. (AUDIO GAP 3:16 to 3:42) [Speaker changes.] The President is right that we have to respect the chamber and that the audience members ar...(AUDIO GAP 3:49 to 4:05) [Speaker changes.] Representative from Charlotte in District 40, I have like many of my colleagues have a District Council and I'm gonna speak about process. I think Senator Stein has done a great job of and Senator McKissick, talking (AUDIO GAP 4:19 to 5:00) [Speaker changes.]

Healthcare and so let me tell you what we're getting ready to do and so call some of your ladies and your book clubs and see what they think about it. Give them. They have a perspective from their generation on women's healthcare. ?? going to call Courtney and Nicole and say, hey, let me tell you what we're getting ready to do that's going to impact you directly or indirectly. It's about women's health. When there's a college student across at Winston and Fayetteville and Chapel Hill and UNCC, they're in the know. What do you guys think about what we're getting ready to do? Did not have the opportunity to do that because it was slipped on the calendar in the evening. We have rules and we have process and we clearly know what the numbers are in this chamber. You guys can do anything you want to do when you want to do it, how you want to do it. And as I said last night, just because you can, don't mean that you should. The citizens of North Carolina have not had an opportunity to speak on this bill. A 45 minute committee meeting last night. Judiciary 1. I would have loved to hear the perspective from women's groups and organizations across the state on this particular piece of legislation. Would have loved for them to come to my office and help me understand why this is a good idea from someone's perspective or why this is terrible legislation. Was not afforded that opportunity. Was not afforded the opportunity to talk to the folks in the city of Charlotte and Mecklenburg county and how they will be impacted on this based on their providing insurance coverage. Did not have the opportunity to do that because the citizens were not afforded the opportunity to be heard. So they are silenced today and they were silenced last night because no one knew what was coming. Transparency is important on major legislation. Because we don't respect our own rules, we change them to fit our purpose. We introduce a major piece of legislation during a holiday week when even members on both sides are absent. The House is not even in session this week, and we roll it out in the middle of the evening. Family, faith and freedom.

[NO AUDIO FOR 1:17.3] and drwyall and carpet to be in compliance. They told me Monday I lost my unemployment [GAP AT 1:27.6] I'm a teacher, and I gotta buy some of my own supplies. Ladies and gentlemen of the Senate, we have to respect our own rules. We have to respect women throughout the state. And whether people agree or disagree with you, they deserve a right to be heard. [SPEAKER CHANGES] Sen. ??, for purpose do you rise? [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] Sen. ?? has the floor to speak to the bill. [SPEAKER CHANGES] Mr. President and members of the Senate, I should have spoken yesterday [GAP AT 2:23.0] [SPEAKER CHANGES] . . . state of North Carolina. [SPEAKER CHANGES] Mr. President -- [SPEAKER CHANGES] Sen. ??, for what purpose do you rise? [SPEAKER CHANGES] To speak to the bill. [SPEAKER CHANGES] Sen. has the floor to speak to the bill. [SPEAKER CHANGES] Thank you, Mr. President. [GAP AT 2:53.6] [SPEAKER CHANGES] and affirming that discrimination based on sex is not tolerated in our state. I have been blessed with two sons and two grandsons -- no girls -- and I am saddened by the reality of baby girls being aborted in our country simply because they are girls. Thank you, Mr. President. [SPEAKER CHANGES] Mr. President -- [SPEAKER CHANGES] Sen. ??, for what purpose do you rise? [SPEAKER CHANGES] To debate the bill. [SPEAKER CHANGES] Sen. ?? has the floor to speak to bill. [SPEAKER CHANGES] First of all I want to say that I hope that [GAP AT 4:15.7] that everybody in the gallery will remain absolutely silent because your silence, your silent presence is very powerful here, and we do ask you to respect the rules. I was so angry last night that I couldn't speak, but I cannot remain silient on this latest attack on women. When our family came to North Carolina in 1964 from Alabama [CUTS OFF]

Before that Texas. We were pleased to come to a state that was a beacon of enlightenment how sad to see it fall from a leader of the South to one of egregious denial of rights. This bill claims to make women safe, but we know that is not what the bill is all about. 40 years of safe abortion procedures in North Carolina and one clinic we do have the oversight of making sure that women are safe and we’re not Philadelphia, we have oversight and I just want to contrast our safety record with the thousands of medical about a 100,000 a year. What we have now is something that has been declared safe: 1 in 1000,000 procedures have an occurrence. Where as Viagra has 5 in 100,000, this is from the Association of Reproduction Health Professionals. But what we’ve also got is we’re losing by closing these clinics for no reason at all that is based on medical science we’re losing for these patients cancer screening, health checkups, family planning for low income women without insurance. ?? the patient has watched a video on consequences and health risks of taking the drug or chemical. And the patient certifies in writing before the administration of the drug or chemical that the events described have occurred. I urge your support. [SPEAKER CHANGES] Senator Abodaca for what purpose do you rise? [SPEAKER CHANGES] Motion. [SPEAKER CHANGES] Senator Abodaca has the floor for motion. [SPEAKER CHANGES] Move amendment 3 to be laid upon the table, Mr. President. [SPEAKER CHANGES] Senator Brown for what purpose do you rise? [SPEAKER CHANGES] Second the motion. [SPEAKER CHANGES] Senator Brown seconds the motion laid upon the table the question for the Senate: Is the motion to lay amendment 3 upon the table. All in favor vote aye, all opposing vote no. Five seconds will be allowed for the voting. Clerk record the vote. Tillman aye, Curtis aye. 29 having voted in the affirmative and 10 in the negative, amendment 3 lays upon the table. The bill unamended is back before the body. Senator Parmon for what purpose do you rise? [SPEAKER CHANGES] Thank you Mr. President, to speak on the bill. [SPEAKER CHANGES] Senator Parmon has the floor to speak to the bill. [SPEAKER CHANGES] Thank you Mr. President and members. I was listening to Senator Tarte talk about the issues at a particular clinic here in North Carolina. I’m sorry, Senator Barefoot, I apologize. But I would say to Senator that the cost of clinic was closed down and shows that the current recollection and oversight is working In North Carolina and for that reason.

I have to say like many of my colleagues. [SPEAKER CHANGES] Mr President. [SPEAKER CHANGES] Senator Barefoot, for what purpose do you rise? [SPEAKER CHANGES] Senator Parmon, will you yield for a question? [SPEAKER CHANGES] I will. [SPEAKER CHANGES] Do you realize that that was the second time that clinic had been shut down? [SPEAKER CHANGES] I heard you say that, sir, and I understand that in any profession, any clinics and hospitals, we do have issues. And so that particular clinic had problems does not mean the other clinics in North Carolina has the same problems. My point is that we do have regulations in the state to catch those kinds of clinics that's making those kinds of mistakes. I just would like to say, my colleagues, they have done an excellent job debating this bill and saying why it's such and atrocious, shameful bill and I just want to make it clear that this bill is not about healthcare safety for women, but this bill is about dictating to women about their personal medical decisions that should be left to a woman and her doctor. Last night I said that this bill is going to cause more back alley abortions and that's what is going to happen whether you want to admit it or not because if we don't have in place. (blank audio) wife. So I'm sending forth this amendment to say that before Viagra can be prescribed for anyone that they have to be board certified as being able to take Viagra. I ask you to support the amendment. [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise. [SPEAKER CHANGES] Mr. President, move that amendment 4 do lay upon the table. [SPEAKER CHANGES] Senator Brunstetter, for what purpose do you rise? [SPEAKER CHANGES] Second the motion. [SPEAKER CHANGES] Motion is that amendment 4 do lay upon the table. We'll have one electronic vote. 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. (blank audio) [SPEAKER CHANGES] And has been referred to as healthcare. This is a procedure where an unborn. (blank audio) (small noise at 4:35) (blank audio)

rules are not there, Senator, but then you restrict my right to have a choice to go to a medical facility or doctor then you are indeed restricting my rights or any other woman's right to make a choice. [SPEAKER CHANGES] Follow-up. [SPEAKER CHANGES] Senator Parmon, do you yield for a follow-up question? [SPEAKER CHANGES] Yes. Senator Parm, how is this bill restrict [...] be able to have insurance to do this and you are aware, of course, that the Federal Government only allows it as, is in this field for incest, rape, and for the possibility of death of the mother and that is what is practiced in 32 other states. And so, do you consider it a right that it's a requirement for other people to pay for an abortion? [SPEAKER CHANGES] Senator, I did not make a statement about insurance but I also understand in this bill there will limitation on the ability to acquire insurance for an abortion procedure. [SPEAKER CHANGES] Follow-up. [SPEAKER CHANGES] Senator Parmon, do you yield? [SPEAKER CHANGES] Yes. [SPEAKER CHANGES] Well then, Senator, I'll ask again, do you think other than the things I mentioned, rape, incest, and the life of the mother, that you think that it should be a requirement for someone else to pay for a woman's abortion? [SPEAKER CHANGES] First of all, Senator, it's my opinion for what a woman decide to do is, shouldn't count in this and I don't think that we should deny access to a woman making a decision that should belong to her and her doctor period, and my opinion about another woman's body should not count. [SPEAKER CHANGES] Mr. President, I'd like to speak on the bill. [SPEAKER CHANGES] Senator Wade has the floor to speak to the bill. [SPEAKER CHANGES] Certainly there are choices to be made and there's nothing in this bill that affect any woman's right to make a choice with their doctor on what they decide on abortion. The other thing, the only thing that I see in this bill is that it would limit anyone else from having to be required to pay for an abortion that wasn't due to incest, rape, or the life of the mother. The other thing I would like to mention, we all could have a choice if we want to help contribute to a fund for Carolina, it's called Carolina's Abortion Fund and it's a non-profit that helps low income families that might be facing abortion and it's a choice that each one of us could make if we want to donate to that cause. But, as for a requirement to pay for someone else's abortion, I would support this bill in making it only if you're using tax payers money for incest, rape, or the life of the mother and I see nothing in this bill that limits my right as a woman to make a choice with my doctor and make my own personal choice. Thank you. [SPEAKER CHANGES] Senator Daniel, for what purpose do you rise? [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] Senator Daniel has the floor to speak to the bill. [SPEAKER CHANGES] Thank you, Mr. President and colleagues. I tihnk there is a

10th, 2013, heard in Committee on May the 1st past May the 7th and the House came to the Senate on May the 8th where it has been since May the 8th. Senate Bill 308, filed on 3/13, been here ever since and was, some of those provisions were included in this bill. We talked a little bit, I talked a little bit yesterday about the Gosnell clinic and came across the grand jury report from that case and, of course, we all know how horrific it was even though the press didn't want to talk about it. One of the most bizarre things, and this is coming from the grand jury report on page 248, and just so you'll know some of the background of why the recommendations were made [...] [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] So among that backdrop, another thing, this doctor was using a minor, working her 50 hours a week. She was administering drugs [...] [SPEAKER CHANGES] Vermin, insects, rodents, and litter. The regulations devote three pages to anesthesia protocols, the Gosnell facility fell far below the basic minimum standards of care that any patient having a surgical procedure should expect to receive. There was no justification for the denying abortion patients the protections available to every other patient of an ambulatory surgical facility and no reason to exempt abortion clinics from meeting these standards. So that's the recommendation of the grand jury in Pennsylvania who was dealing with the Gosnell clinic and [...]

[SILENCE 00:00-00:32] Quite a long list of proposed regulations, but here’s an interesting one that we’re actually not doing in this bill. Perhaps if I’d known about this earlier it would have been a good idea. In addition, we recommend the following amendments to Pennsylvania’s abortion regulation, we would require that all abortions passed 18 weeks be performed or supervised by a board certified OBGYN... We’re not here today to take the right’s away of women. What we’re taking away is the right’s of an industry to have substandard conditions. If you go to the CDC website they actually have a weekly report that comes out... And the name of that report is the “Morbidity and Mortality Weekly Report.” If you go- [AUDIO CUTOFF 01:42-01:48] ...far enough back in the tables of those reports you’ll see that the CDC actually tra- [AUDIO CUTOFF 01:54-2:53] ... and let Rick Perry get ahead of you with his follow up actions, and you couldn’t let John Kasich and Ohio bill get ahead of you? A Senator from the second said to a t.v. station last night that the back row simply wasn’t paying attention on this bill. On the contrary, we’ve been paying attention. We know where those bills were. Senator Daniel just read the list of them. They’ve been sitting in Insurance and Rules, and various Committees for four, five, six we- [AUDIO CUTOFF 03:23-03:34] ...weeks. Our frustration last night and today comes not from our ignorance about these bills, but from the end run you all are perpetuating on this cham- [AUDIO CUTOFF 03:47-04:18] ...they don’t have enough parking spaces, or their awning doesn’t meet a certain standard. This bill p- [AUDIO CUTOFF 04:25-05:00]

Ok Mr. President, yesterday during the debate on House Bill 695, The Family Faith and Freedom Pr…. No sound To be suitable facilities to perform for the performance of abortions are similar to those for the licensure of ambulatory surgical… No sound When asked by the rational for this change, the Bill supporters responded that it was all about [SPEAKER CHANGES] Mr. President is there a question here? [SPEAKER CHANGES] Senator, Senator Clark do you have a question statement? [SPEAKER CHANGES] I’m almost to it. [SPEAKER CHANGES] You can have time to speak to the Bill if you’d like, but if you have a question go ahead and ascertain the question. [SPEAKER CHANGES] Okay, right there. So again… No sound When asked about the rational for this change, the Bill supporters responded that it was all about ensuring the safety of the women who would undergo abortion procedures. It was not clear to me in the Bill when these… No sound [SPEAKER CHANGES] Bill to put a hard and fast date of when the rules will be established. I probably don’t have a problem doing that. [SPEAKER CHANGES] Senator Clark, you can ask your question. [SPEAKER CHANGES] Okay, what ind… No sound [SPEAKER CHANGES] The comments made by Senator Barefoot speak to your question on the problems we’ve seen repeatedly… No sound

conducted can be performed in a manner that protects the lives and assures the physical safety of all individuals in the ??. It does not provide any explicit guidlines in terms of what that means for abortion clinics. So if we say that in the state of North Carolina our abortion clinics are going to have to apply rules similar to those required by what was it, Pennsylvania? But we haven't heard about any problems in the state of North Carolina. So if we're saying that this is about health or the health of the woman, I'd like to see where the problems are that we're trying to solve, because I haven't heard any yet. Now I've heard a lot of talk about values, and I have values too. I have my own opinion about abortions. But I don't try to impose my own opinion about abortions on anybody. It's not about safety. We've heard nothing stated here today indicating there is a safety issue with abortion clinics in the state of North Carolina when those clinics operate in accordance with the rules currently set forth by the state of North Carolina. [SPEAKER CHANGES] Sen. Tarte, for what purpose do you rise? [SPEAKER CHANGES] To debate the bill. [SPEAKER CHANGES] Sen. Tarte has the floor to debate the bill. [SPEAKER CHANGES] Namely as a point of information for everybody in this body and those in the gallery today, as we talk about standards and criteria for establishing ambulatory care centers, there's a

Organization federally embodied called the Joint Commission on The Accreditation of Healthcare Organization. They're a well-defined ??, and standard that outline the operation of every healthcare entity in the United States that must apply. Those are the same credentials the DHHS will follow in any of these organizations. And they were absolutely put in place to ensure the safety of all the patients. Thank you. [Speaker Change] Mr. President [Speaker Change] Senator Bear Foot for what purpose do you rise? [Speaker Change] Ask Senator Clark a question. [Speaker Change] Senator Clark do you yield? [Speaker Change] Yes sir I do [Speaker Change] Do you represent Fayetteville? [Speaker Change] Yes sir I do. [Speaker Change] Follow-up [Speaker Change] Senator Clark do you yield for a follow up question? [Speaker Change] Yes sir. [Speaker Change] Did you realize that on April the 9th, 2010, Hallmark Women's clinic failed inspection because medications and supplies in emergency medical box were outdated, and they were not keeping patients the required one hour after the procedure? [Speaker Change] I was not aware. [Speaker Change] Follow up. [Speaker Change] Senator do you yield for a follow up. [Speaker Change] Sure do. [Speaker Change] Were you aware that the Hallmarks Wom, Hallmark Women's clinic in Fayetteville based on the survey date 9/6/2011 did not pass the CLIA standards, failed testing procedures for ?? test. [00:01:16] [Speaker change] Obviously if they were in compliment with our regulations, they wouldn't be doing bad things to women. But the example I gave with charlotte. Was that they weren’t in compliance, and they were doing bad things to women. In the current roles [00:02:22] Audio cuts off. [Speaker Change] Safer for women. And it, it would seem to me by making sure it was safe by allowing them to have transfers to hospitals. It, this whole bill is about making it safer. And I know that there's one clinic and I, I just won't state where it is, that they do have privileges of the local hospital. [00:03:03] Audio cuts off. In fact on their website they advertise it as one of the reasons you, you should go there. And it says [00:03:24] Audio cuts off. All of our physicians are local North Carolina licensed, board certified gynecologists. And unlike many other clinics have admission privileges to our local hospitals. Now evidently they think it's important. [00:03:45] Audio cuts of. [Speaker Change] On the bill. [Speaker Change] Senator Curtis has the floor to speak to the bill. [Speaker Change] I'd like to share the results of a recent poll taken here in North Carolina. In which 76% of the respondents. [00:03:58] Audio cuts off. Oppose sex selection abortions. And 59% of the respondents identified themselves as pro-life. And 34% identified themselves as pro-choice. And I [00:04:21] Audio cuts off.

[AUDIO BREAKS 00:00-00:53] ...helping us provide places for women to go and get proper healthcare when they decide to exercise their choice. [AUDIO BREAKS 01:02-01:43] Now. [AUDIO BREAKS 01:43-2:35] ?? in two of most, and you'll enjoy your stay there. Very diverse community, and we try to provide for our people. But I don't think people from down here ought to have to travel to Asheville to get quality healthcare and to exercise their constitutional right to choice. When we handle a bill as this one was handled...I know these bills were introduced early in the session, and I know they were debated in the House. They've not been debated in the Senate, and the Senators are entitled to have their debate and have their say and have their input in any bills. And I'm going to tell you something; if I were as proud of something as you all appear to be about this bill, I'd have been parading it all over town, bragging on it, and telling everybody what you're doing for women. And do it for a week or two and you'll get some good press. That isn't what you did. You called a meeting last night at 7:00 when everybody is out of town, and you sent out engraved invitations to the Values Coalition, the Family Policy Council, the Right to Life... [AUDIO BREAKS 04:13-04:44] ...because everybody was trying to celebrate the Fourth of July and you thought they weren't looking. Now, I know the Governor said the other day that he wasn't going to talk to anybody.... [AUDIO ENDS]

It’s coming down here on moral Mondays. No sound That he didn’t anything to discuss with…and…I know this bill was run through last night without anyone able to be here, representing women. And when I made the comment by the way you whipped three of the best women I know these three democrat women who were fighting for their life but you’re about to meet some more. Overnight you generated this crowd and I predict, before we’re all said and done with this, that you’re gonna talk to them and the governor’s gonna talk to them. You can’t turn your back on half of the people of this state. And I’ve said all along I couldn’t figure out what it would take to wake up the people of North Carolina to what’s been going on down here. This week while we’re going to go celebrate the 4th of July 70,000 people lost their unemployment checks that have been unemployed for a year. And Happy 4th of July. And I’ve decided, and I’ve used this phrase, I was convinced that you were going to have to poke them in the eye with a stick to wake them up so they would know what was going on down here. Well, you did. And I thank you for it. [SPEAKER CHANGES] Senator Apodaca, for what purpose do you ask? [SPEAKER CHANGES] To speak on the Bill please. [SPEAKER CHANGES] Senator Apodaca has the floor please to speak to the Bill. [SPEAKER CHANGES] First off, I’d like to say a shout out to my Republican women. I guess in the eyes of some of this chamber, you don’t exist, but you do exist and we’re glad you’re here and you’re welcome too to come up to Ashville and Henderson… No sound It’s been done here about 250 years and we’re going to celebrate a lot of that this weekend. We’ve let everybody on this floor here speak today and haven’t stopped a soul. And you know if we have continued this for another two weeks, I’m going to make a bet with you right now, the votes going to be exactly the same right now as it’s going to be in two weeks. So, let’s get on with this and enjoy our holiday. [SPEAKER CHANGES]Is there any further discussion or debate? [SPEAKER CHANGES] I don’t know about the other members but has been mentioned by…

Senator Daniel these bills have been out there for a while and maybe you don't read your emails, maybe you don't get messages from your LA about what calls you've received, but I've received multiple calls over the past several months about all of the provisions in this bill, both pro and con. So people have had an opportunity to speak, people have had an opportunity to make known what their views are, and this body representing all of the people of North Carolina has had a full and robust discussion about this issue over the past two days. Now let's talk about some facts because facts - and I always attribute this to John Adams. [AUDIO DROPS] Bills, at least the portion that's garnered the most debate deals with safety... [AUDIO DROPS]. They're huge problems, but we have an obligation to protect the health of the... [AUDIO DROPS]. Bill, I urge you to support it. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none. Question before the Senate is the passage of the Senate Committee Substitute House Bill 695 on its third reading. All in favor vote aye, oppose the vote no, five seconds will be allowed for the voting and the clerk will record the vote. 29 having voted in the affirmative and 12 in the negative. Senate Committee Substitute the House Bill... [AUDIO DROPS]. [SPEAKER CHANGES] Senator Barefoot, Senator Clodfelter, thank you Mr. President. [SPEAKER CHANGES] Senator Jackson for what purpose do you rise? [SPEAKER CHANGES] [??] Personal privilege at the appropriate time. [SPEAKER CHANGES] Senator Jackson you have the floor for your point of personal privilege. [SPEAKER CHANGES] Thank you Mr. President. As most of you know and I'm sure we're all aware of we have have the fourth of July coming up tomorrow, and we celebrated our freedom and our family and our independence, but it is also the most holiday that watermelons were sold. A few years ago our U.S. Congress declared July the national month of the fruit named watermelons. In 2011 we done the same here in North Carolina, each of you has received I hope a watermelon and a sprite melon in your offices including you Mr. President, and I hope y'all enjoy it, and if the quality is not quite as good as you're accustomed to receiving I apologize for all the rain but I can't control that. But thank you all and happy fourth of July to all of you. [SPEAKER CHANGES] Any further notices or announcements? [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Nesbitt for what purpose do you rise? [SPEAKER CHANGES] Thank you Mr. President. The democratic caucus at a quarter til' twelve. [SPEAKER CHANGES] Thank you Senator. The Gallery will remain silent.

Silence. Sargent in Arms, please clear the gallery. Senator Apodaca has the floor for announcement. [SPEAKER CHANGES] They're meeting anyways. Shame on you! Shame on you! [SPEAKER CHANGES] Senator Apodaca, you have the floor. [SPEAKER CHANGES] Thank you Mr. President. Just wanted to let the members. Somebody remove her. Now. [SPEAKER CHANGES] Sargent in Arms, please re, please clear the gallery. At this point, all members of the gallery please exit the gallery. [SPEAKER CHANGES] Mr. President. Just quick announcement, Senator Nesbitt, ?? and lied about Monday night not having session, we are not. We will have session on Tuesday. And with that said, move for adjournment. [SPEAKER CHANGES] Senator Berger is recognized. [SPEAKER CHANGES] Thank you Mr. President. I move the Senate do now adjourn subject to the root, re-referral of bills and resolutions, to reconvene on Sunday July seven, 2013 at seven PM. [SPEAKER CHANGES] Motion the Senate do now adjourns subject to the stipulation stated by Senator Berger to reconvene Sunday July seventh at seven PM. Seconded by Senator Daniel. All in favor say aye, opposed no. They ayes have it. The Senate stands adjourned. [end]