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Senate | July 9, 2013 | Chamber | Session

Full MP3 Audio File

The Senate will come to order. Sergeant-at-Arms, close the doors. Members will go to their seats. Members and guests in the gallery, will you please silence all electronic devices. Leading the Senate in prayer is The Reverend Peter Milner, Senate Chaplain. All members and guests in the gallery will please stand. [SPEAKER CHANGES] Let's pray together. Lord God, we thank you for a new week of legislation and we thank you that you come to us and you pour out your blessings on these men and women. Just like you poured out the rain. Be their refuge. Be their strength. Be their vision. Be a very present help in a time of trouble. Help us help them not to fear but to have faith in you. But there's a river and streams may glide the city of God. For Christ's sake, we pray. Amen. [SPEAKER CHANGES] Senator Berger is recognized for a motion. [SPEAKER CHANGES] Thank you, Mr. President. The Journal of Sunday, July 7, 2013, has been examined and has found to be correct. I move that we dispense with the reading of the Journal and that it stand approved as written. [SPEAKER CHANGES] Without objection, the Journal for July 7th stands approved, as written. Senators leave of absence is granted today for Senator Blue. We do have a nurse of the day with us today. Our nurse of the day is Ryan Lewis from Winterville, North Carolina. Nurse Lewis, will you please stand and be recognized. Thank you for your service to the Senate today. [Applause] Senators, upon the motion of Senator Gene McLaurin of Richmond County, the Chair is happy to extend courtesies of the gallery to the President of Richmond Community College, Dr. Dale McGinnis. Dr. McGinnis, if you're with us, please stand and be recognized. Thank you for being here today. [Applause] Upon the motion of Senator Ron Raben of Harnett, Lee and Johnson counties, the Chair is happy to extend courtesies of the gallery to the Boys and Girls Club of Sanford Lee County. We have with us today Beau Hedrick, the Chief Professional Officer of the Boys and Girls Club of Sanford Lee County. With Beau today are three active members of the club, Ian Grice. Ian has earned the President's Volunteer Service Award for 1,000 hours of volunteer service through his efforts with the Boys and Girls Club. Gregory Newell, Greg is the Boys and Girls Club of Sanford Lee County 2013 Youth of the Year. And Morkia McKeechen [SP]. Morkia is just a few hours away from earning the President's Volunteer Service Award. We're proud of these young people stepping up and serving the community and we thank Mr. Hedrick for the selfless work and serving as a role model to the youth. So if all of you here with us today, please stand and be recognized for your service. [Applause] [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Motion, please. [SPEAKER CHANGES] Senator Apodaca has the floor for a motion. [SPEAKER CHANGES] Mr. President, we're holding some bills that are due over at the House and we need to send those over immediately by special messenger. All bills we're holding to go to the House. [SPEAKER CHANGES] So ordered. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Additional motions, if I may. [SPEAKER CHANGES] Senator Apodaca has the floor for the motion. [SPEAKER CHANGES] Thank you, Mr. President. House Bill 26 is currently Committee on Rules. I ask that it be removed from Committee on Rules and placed on tomorrow's calendar. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] House Joint Resolution 1016, honor Speaker of the House formerly James Ramsey from Person County, will be read in at the beginning of session. After that point I ask that it be brought on today's calendar for consideration. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] Thank you, Mr. President. Motion relative to the calendar. House Bill 392, Warrants Status Drug Screening Public Assistance. I ask that it be removed from today's calendar and placed on tomorrow's calendar. [SPEAKER CHANGES] Without objection, so ordered. Message from the House. The Clerk will read.

[Speaker Changes] Registrar of the house. The house joint resolution 1016, the resolution on the life and memory of James Edward Ramsey, former speaker of the House of Representatives. [Speaker Changes] So as we move right into the calendar, we will start with house joint resolution 1016. The clerk will read in its entirety. [Speaker Changes] House Joint Resolution 1016 a resolution honoring the life and memory of James Edward Ramsey, former speaker of the House of Representatives. Whereas James Edward Ramsey was born in Person county on October 19, 1931 to John Talmus Ramsey and Odey Wilkins Ramsey. Whereas Jamed Edward Ramsey earned both an undergraduate degree and law degree from the University of North Carolina Chapel Hill and took additional classes at the University of Hawaii in 1954. Whereas James Edward Ramsey established a law practice in Roxboro in 1958, and continued to practice law until his death. Whereas James Edward Ramsey was dedicated to his profession, serving as a member of the North Carolina Bar Association and the Person County Bar Association of which he served as President from 1964-1966. Whereas James Edward Ramsey served with honor and distinction in the North Carolina General Assembly for six terms in the House of Representatives between 1963-1974, during which time he served as Speaker of the House of Representative from 1973-1974. Whereas James Edward Ramsey was a member of several civic and fraternal organization including the Roxboro chamber of commerce, the Roxboro lions club, allet hill ruratin club, personal county wildlife club, and the sci-fi social fraternity. Whereas James Edward Ramsey served in the United States Marine Corp Reserve from 1950-1960, earning the rank of Captain. Whereas James Edward Ramsey was active in his church, serving as a steward, parsonage trustee and associate lay leader. Whereas James Edward Ramsey was recognized as an oustanding young man of person county in 1962, and was awarded the order of the long leaf pine in 2012. Whereas James Edward Ramsey died May 2, 2013 at the age of 81. Whereas James Edward Ramsey was proceeded in death by a grandchild, Erwin Squires Ramsey. Whereas James Edward Ramsey is survived by his wife and four children: Frank Talmidge Ramsey, Linda Hart Ramsey, David Clark Ramsey, and Carl Wilkins Ramsey. One brother: Robert Key Ramsey. And seven grandchildren: Stacy Renee Ramsey, Adams Sanders Ramsey, and Jordan Clark Ramsey. Now therefore, be it resolved by the House of Representatives, the senate concurring. Senate Section 1: The General Assembly honors the life of James Edward Ramsey, and expresses its appreciation for the service he rendered his community, state, and nation. Section 2: General Assembly extends its deepest sympathy to the family of James Edward Ramsey for the loss of a beloved family member. Section 3: The Secretary of State shall transmit a certified copy of this resolution to the family of James Edward Ramsey. Section 4: This resolution is effective upon ratification. [Speaker Changes] Senator Widdard is recgonized to speak to the resolution. [Speaker Changes] Thank you Mr. President. Ladies and Gentlemen, the Senate. As the Senator representing Person County, it is a distinct priviledge for me to bring this resolution to you from our colleagues in the House and specifically my colleague representative Wilkins, in memory of James Edward Ramsey. Youv'e heard the resolution and you've heard of his service, including the term of speaker of the house in 1973 and 74. It's also a personal privilege for me today to recognize a great man and public servant. I went around to see who actually served with speaker Ramsey, and there is only one of us left in this whole building who actually served with him. And that was the Dean of General Assembly, Representative Michaux, and it was Micky's first term here when speaker Ramsey was actually a Speaker of the House..

So our memory of him has faded a little bit, but I can assure you that in Roxboro & Person County, the memory has not faded. But I have my own memory of Speaker Ramsay. As a young boy, I came to this building for the first time in the winter of 1973 as a Page, and I met Jim Ramsey at that time as Speaker of the House. And I have to tell you for those who knew Speaker Ramsey, he had quite a presence about him. Physical, his voice, the way he carried himself. And I have to tell you, and a 13 year old- 14 year old Page at that time, meeting Speaker Ramsey, he epitomized to me what it was to be a public servant. The way he carried himself, and conducted his work here at the general assembly, and the way he represented his district. And it is a very fond memory I’ve always had of Speaker Ramsey. He concluded his term after service then as Speaker of the House, as you all know, they were term limited then, they served one term, and Speaker Ramsey chose to pursue other political pursuits, and then ultimately to go back home and practice law in Roxboro. But I’ve never forgotten my short week here and seeing Speaker Ramsey at work. And that’s why it’s the particularly Personal Privilege for me to present this resolution to you today. He really was a force here in the general assembly, he influenced a number of important things during his tenure here. His law partner recounted a story of important Saturday meetings that Speaker Ramsey often had in his law office. Charlie Hubbard told a story one day of pulling in on a Saturday and the parking lot was full of cars all with Senate and House license plates on them, and as Mr. Charlie went by the conference room, there was Speaker Ramsey with Bill Friday, Leo Jenkins, and legislative leaders negotiating the East Carolina University Medical School. And he had many other great accomplishments during his service. And after his tenure here at the general assembly, he went back to practice law and he was very proud of his work as an attorney and for many years, he really was the dean of the Person County Bar Association. And in fact, was practicing law until the day just before his death. A lot of folks saw him at the courthouse that very day, doing what he loved. He loved his community and you heard in the resolution the many different organizations that he proudly served. And of course, he loved his family a great deal, and many of the Ramsey family members are with us here today. So, Mr. President, ladies and gentlemen of the Senate, I commend to you this House resolution in memory of James Ramsey. [SPEAKER CHANGES] Thank you, Senator. Is there any further discussion ?? ? Senator McKissick, for purpose ??. [SPEAKER CHANGES] Speak on the resolution. [SPEAKER CHANGES] Senator McKissick has the floor to speak to the resolution. [SPEAKER CHANGES] And I’d like to also thank Jim Ramsey’s family for allowing him to serve as leader in this state and he was certainly someone I had great admiration and respect for. Many of you think of me as coming from Durham County, that was my ?? place where I was born, but I was also very active up in Warren County at one time, and the Democratic Party, and the rest of the young Democrats came into that party. Of course, Warren County, Vance County, and Person County at one point were all i the same Congressional district, as well as the state House district. So I had an occasion to really work with him on many occasions. Representative Ramsey was always active, he was always visible within the district, always responsive to the needs of constituents. Whenever you came to him, for whatever might ?? or need to be done, he always had a willing ear, and was always willing to put the resources of his position to work for the people within that House district that he represented. So he was someone that I came to work with on many, many, many occasions, even as a lawyer, we had been colleagues on many occasions. As recently as a year ago, we had cases we were working over in Person County, last June, last July, last August. And during that time, he suffered a stroke. The case that we were involved in had to be continued. He came back. He was strong as ever, working as aggressively as ever on behalf of his clients. He never missed a heartbeat in any respect. Someone who I admired. Someone who I respected. Someone who was an exceptional lawyer with a brilliant legal mind. Someone who was committed to all the constituents of his district, regardless of what walks of life they came from, regardless of what they brought to the table. Somebody who served North Carolina well. Someone who I can say to his family certainly provided tremendous leadership for which we will ever be indebted. [SPEAKER CHANGES] Thank you, Senator. Is there any further discussion or debate? Hearing none, the question for the Senate is the passage of the House joint resolution 1016 on a second reading. All in favor will vote aye, oppose the vote no. Five seconds will be allowed for the voting and the clerk will record the vote.

49 having voted in the affirmative and zero in the negative House Joint Resolution 1016 passes its second reading, without objection it will be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Further discussion or debate? Hearing none, all in favor of the passage of House Joint Resolution 1016 on its third reading will stand. The ayes have it. House Joint Resolution 1016 passes its third reading and it will be enrolled. Senators you can be seated. Upon the motion of Senator Mike Woodard of Durham County the chair is happy to extend courtesies of the gallery to the family of the late James E. Ramsey, former speaker of the House. We have with us today Eunice Ramsey, widow of Mr. Ramsey. Linda Ramsey his daughter, David Ramsey his son, Lisa Sanders granddaughter, Alex Ramsey grandson, Adam Ramsey grandson. Billy K. Reynolds, business partner and friend. And Sherry Reynolds and Betty Reynolds, friends. Please stand and thank you for being with us today. Stand and be recognized. Thank you so much. [SPEAKER CHANGES] We'll move right into our calendar with local bills, starting with third reading role call bill, House Bill 418 the clerk will read. [SPEAKER CHANGES] House Bill 418 ?? cultures and ?? authority. [SPEAKER CHANGES] Is there any discussion or debate? Hearing none, question for the Senate is the passage of the Senate Committee to Substitute number two to House Bill 418 on its third reading. All in favor will vote aye, opposed to vote no. Five seconds will be allowed for the voting. The clerk will record the vote. 48 having voted in the affirmative and zero in the negative. Senate Committee to Substitute number two to House Bill 418 passes its third reading. It will be sent to the house for concurrence in the Senate Committee to Substitute. Moving onto second reading, local bill, House Bill 546 clerk will read. [SPEAKER CHANGES] House Bill 546 ?? school district. [SPEAKER CHANGES] Is there any discussion or debate? Hearing none, question before the Senate is the passage of House Bill 546 on its second reading. All in favor will say aye. Opposed no. The ayes have it. House Bill 546 passes its second reading. Without objection, will be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Do we have any discussion or debate? Hearing none. All in favor of the passage of House Bill 546 on its third reading will say aye, opposed no. The ayes have it. House Bill 546 passes its third reading and it will be enrolled. Moving onto public bills, second reading. House Bill 15, the clerk will read. [SPEAKER CHANGES] House Bill 15 ?? Emergency Management Changes. [SPEAKER CHANGES] Senator Jackson is recognized to explain the Bill. [SPEAKER CHANGES] Thank you Mr. President. This bill is identical with the one exception, to Senate Bill 38 we passed earlier on 50 to zero. Section number three was added and I will briefly give you a description of what was added to this bill. But this deals ?? with all the emergency management corrections and additions that was done through Senate Bill 38. The section three gives the department of administration the authority to assign an official elected to a statewide office who is also statewide emergency response duties, a vehicle that is exempted from the payment of reimbursement for commuting. And that is all that has been added to Senate Bill 15 from when you previously saw it on Senate Bill 38. And I would appreciate your support and ask for your vote and be willing to answer any questions. Thank you. [SPEAKER CHANGES] Do we have any discussion or debate? [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Brunstetter for what purpose do you rise? [SPEAKER CHANGES] To see if Senator Jackson yields to a question. [SPEAKER CHANGES] Senator Jackson do you yield? [SPEAKER CHANGES] Yes sir. [SPEAKER CHANGES] Section three, is there any particular official we're thinking of for this vehicle? [SPEAKER CHANGES] Well we're thinking of our state forestry expert which would be Commissioner of Agriculture ??. [SPEAKER CHANGES] Mr. Chair at the appropriate time I'm going to object to third reading. [SPEAKER CHANGES] Thank you Senator. Do we have any discussion or debate? Hearing none the question before the is the passage of the Senate Committee to Substitute to House Bill 15 on it's second reading all in favor will aye, opposed to vote no. Five.

…seconds to be allowed for the voting. Clerk will record the vote. [SPEAKER CHANGES] 48 having voted in the affirmative and zero in the negative. Senate Committee substitute to House Bill 15 passes the second reading. Third reading is objected to by Senator Brunstetter, who will remain on the calendar. House Bill 214, clerk will read. [SPEAKER CHANGES] House Bill 214, amend real estate license law records. [SPEAKER CHANGES] Senator Gunn is recognized. [SPEAKER CHANGES] Thank you Mr. President. House Bill 214 provides that all records containing a personal information and collected are compiled by the North Carolina Real Estate Commission shall not be a public record unless admitted into evidence at a hearing held by the Commission. This is brought to us from the Real Estate Commission. It will protect its licensee from unnecessary disclosure of personal information not related to their brokerage activities. The Commission is seeking a change in the law similar to the law governing the license board of the CPAs. The Commission would still provide business addresses and contact information even if that business address is also the broker's residence. I appreciate your support. [SPEAKER CHANGES] We have a discussion debate. Hearing none. Senator Tucker, what purpose you arise? [SPEAKER CHANGES] To ask Senator Gunn a question. [SPEAKER CHANGES] Senator Gunn, do you yield. [SPEAKER CHANGES] Always, Senator Tucker. [SPEAKER CHANGES] Senator Gunn, does this have to anyway conflict with the position of the realtors on various tax plans, divulging this information or not divulging, will that impact them in anyway? [SPEAKER CHANGES] This is all about public safety. [SPEAKER CHANGES] Okay. Thank you, sir. [SPEAKER CHANGES] Is there any discussion or debate? Hearing none. Question for the Senate is the passage of House Bill 214 on the second reading. All in favor vote aye, oppose vote no. Five seconds to be allowed for the voting. The clerk will record the vote. [SPEAKER CHANGES] Brian, aye. 48 having voted in the affirmative and zero in the negative. House Bill 214 passes the second reading without objection. Be read the third time. [SPEAKER CHANGES] North Carolina ??. [SPEAKER CHANGES] Do you have any discussion or debate? Hearing none. The question for the senate is the passage of House Bill 214 on its third reading. All in favor say, aye. Oppose, no. The ayes have it. House Bill 214 passes its third reading. It will be enrolled and sent to the governor. House Bill 321, clerk will read. [SPEAKER CHANGES] House bill 321, amend local solid waste planning. [SPEAKER CHANGES] Senator Jackson is recognized to explain the bill. [SPEAKER CHANGES] Thank you, Mr. President. ?? I'm running this one behalf of representative McGrady. This bill passed the house, 111 to zero. It does away with the reporting requirement that mandates local governments must develop and maintain a solid waste management plan. It is my understanding there is no opposition of this bill. There were two amendments added. One was – the first one was totally technical in nature. It was added earlier in House Bill 321 to make sure that we are not conflicting in any other language. And in the second amendment was to address the local landfill issue in Senator Hartsell's district and I ask for your support and be happy to entertain any questions. [SPEAKER CHANGES] Senator McKissick, what purpose you arise? [SPEAKER CHANGES] Can I ask Senator Jackson a question? [SPEAKER CHANGES] Senator Jackson, do you yield? [SPEAKER CHANGES] Yes, sir. [SPEAKER CHANGES] Senator Jackson, let me ask this. I can remember when legislation was recently passed requiring local governments to comply with these – creating these plans, and of course the goal was to decrease, decrease the amount of refuge and trash going into our landfills in the states. So you want to decrease the flow and not need as much landfill capacity. Now, was anybody able to share with you what the logic was now in repealing this, because I wasn’t sure why we would not want local governments to continue doing that sort of a planning, so you reduce the amount of capacity you need in your landfills or – or if the legal municipalities raised any concerns about it or perhaps you can share something with me that might be enlightening? [SPEAKER CHANGES] Senator McKissick, I will try. Basically all this does from what my understand is does away with the reporting requirement and the reports not necessarily anything that you will speak into in your question. [SPEAKER CHANGES] Thank you. That helps, sir. [SPEAKER CHANGES] Senator Hartsell, for what purpose you arise? [SPEAKER CHANGES] Send forward amendment, Mr. President. [SPEAKER CHANGES] Senator Hartsell, you can send forward your amendment and the clerk will read. [SPEAKER CHANGES] Senator Hartsell moves to amend the bill. [SPEAKER CHANGES] Senator Hartsell is recognized, explain the amendment. [SPEAKER CHANGES] Thank you, Mr. President. ?? it should be on your dashboard. It is a clarifying amendment that spells out in its much specificity as possible the grandfathering, the grandfathered area that’s identified earlier by Senator Jackson. [SPEAKER CHANGES] Do we have any discussion or debate…

Hearing none, the question for the Senate is the passage of Amendment 1, all in favor will vote aye, all opposed will vote no. 5 seconds will be allowed for the voting and the clerk will record the vote. [SPEAKER CHANGES]Kinnaird, aye. [SPEAKER CHANGES]48 having voted in the affirmative, and 1 in the negative, Amendment 1 is adopted. The bill as amended is backed before the body, is there any further discussion to remain? Hearing none, the question for the Senate is the passage of the Senate committee substitute to the House Bill 231, as amended on its 2nd reading, all in favor vote aye, all opposed will vote no. 5 seconds will be allowed for the voting and the clerk will record the vote. [SPEAKER CHANGES]Kinnaird, aye; Walters, aye; Parmon, Parmon, Senator Parmon? Aye. [SPEAKER CHANGES]49 having voted in the affirmative and 0 in the negative, Senate Committee to substitute the House Bill 321 as amended passes the 2nd reading without objection. Will it be read a 3rd time? [SPEAKER CHANGES]North Carolina Senate, General Assembly act. [SPEAKER CHANGES]Do we have any further discussion or debate? Hearing none, the question for the Senate is the passage of the Senate Committee substitute to House Bill 321, as amended on its 3rd reading, all in favor will say aye. [SPEAKER CHANGES]Aye. [SPEAKER CHANGES]Opposed no. The aye's have it. Senate Committee to substitute House Bill 321 as amended passes its 3rd reading. The amendment will be engrossed, it will be sent to the House for concurrence, and the Senate committee substitute. House Bill 467, clerk will read. [SPEAKER CHANGES]House Bill 467, Breast Density Notification and Awareness. [SPEAKER CHANGES]Senator Robinson is recognized to explain the bill. [SPEAKER CHANGES]Thank you Mr. President. And, first I'd like to thank Senators Pate and Hise for their support, and finally getting this bill brought to the floor, even though my own Bill 519 didn't meet cross over, but this bill is the same and it's essential to the awareness in terms of women and their own health. The Breast Density Bill is an awareness bill. Most women don't know the details about mammograms, and what that information is. Breast density is information that is important is terms of what is offered from a mammogram, and it increases awareness in terms of the possible incidence of breast cancer. Breast tissue under mammograms often camouflages what could be cancerous tissue. Both are very white, and for those of you who are women here, and thanks for your support, but also men who have spouses or partners, it's important that women have the mammogram, but also to understand that the breast dense tissue can camouflage cancer. 40% of women have dense breast tissue. House Bill 467 requires that all health facilities that perform mammograms include information about the patient's breast density in the report. It also requires that the letter that goes to women state if she has breast dense tissue, and that it may be associated with increased risk of breast cancer, and that she should discuss this information with her doctor to determine if more screening is necessary. When this bill was presented to us in Greensboro, and even last week, we heard testimonies from women who have been diagnosed during the later stages of breast cancer. If they had had that information earlier, a mastectomy may have not had been necessary, or chemotherapy, or whatever the other treatment. In the breast health education screening that my own agency does with Gilford County Health Department, and now through the B-step program at Women's Hospital, we know that information is power. The largest percentage of breast cancer fatalities are amongst African American women who are diagnosed in the later stages. This information that will come in the letter along with additional information and referral to a woman's doctor will help to prevent some of the fatalities. So, this is a no-brainer, as a lot of you said in the health care committee, but it's very important to preventative health. So, I want to thank you and commend the bill to you, and I know that our Lieutenant Governor will recognize an advocate who is here. Thank you Senator. Is there any further discussion or debate? Hearing none, the question for the Senate is the passage of Senate committee substitute to House Bill 467, on its 2nd.

...reading. All in favor vote aye, oppose the vote no. Five seconds will be allowed for the voting. The Clerk will record the vote. Forty-nine having voted in the affirmative and zero in the negative. Senate Committee Substitute to House Bill 467 passes its second reading without objection. It will be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Is there any discussion or debate? Hearing none, the question before the Senate is the passage of the Senate Committee Substitute to House Bill 467 on its third reading. All in favor say aye. Oppose no. The ayes have it. Senate Committee Substitute to House Bill 467 passes its third reading. It will be sent to the House for concurrence in the Senate Committee Substitute. And Senators, upon the motion of Senator Robinson of Guilford County, the Chair is happy to extend courtesies of the gallery to Addie Jeffrey, Commission on the Status of Women of Greensboro Breast Cancer Survivors. Ms. Jeffrey, if you're with us, please stand to be recognized. Thank you for being here today. [Applause] Senators, upon the motion of Senator Rucho of Mecklenberg County, the Chair is happy to extend courtesies of the gallery to Jesus Ministries from Charlotte, North Carolina. This is their first time to visit the General Assembly. Please stand to be recognized. Thank you for being with us today. [Applause] House Bill 474, the Clerk will read. [SPEAKER CHANGES] House Bill 474, Redeposit Government Funds into Insured Deposit Accounts. [SPEAKER CHANGES] Senator Gunn is recognized to explain the bill. [SPEAKER CHANGES] Thank you, Mr. President. Under North Carolina law, deposits by an entity of State or local government must be the fully insured or backed by the assets of the bank that has been pledged. As an alternate to pledging assets, banks are permitted to use a reciprocal deposit placement service. Currently, North Carolina laws only allows this structure for certificates of deposit. What this bill will do will change the references in applicable North Carolina statutes from certificates of deposits to deposit accounts. This will allow government depositors greater flexibility to move money around. I know of no opposition. The North Carolina State Treasurer and Office of Commissioner of Banks have been consulted and have no opposition. Appreciate your support. [SPEAKER CHANGES] Senator Nesbitt, for what purpose do you rise? [SPEAKER CHANGES] Would the gentleman yield to a question? [SPEAKER CHANGES] Senator Gunn, do you yield? [SPEAKER CHANGES] Will do my best. [SPEAKER CHANGES] Is the money still going to be guaranteed? And I've used that word loosely, but right now it's either got to be insured or you got to put up capital assets to secure it. And I'm not sure what this does. Is there still something standing for the money, dollar for dollar? [SPEAKER CHANGES] The answer to the question if I may, Senator Nesbitt, is yes, certainly. As you know, currently you either have to have FDIC insurance or you must have the assets from the bank pledged to secure those deposits. But because of technology today, they are able to use the deposits where they literally pool with other banks so that that money is always insured. It's called Reciprocal Deposit Placement Services. We have that now. What this will do, though, will allow us to have certificates of deposits and deposit accounts. This way the money can be used in a CD for a better return, or it can be used for a shorter term for more flexibility. It does not change the fact that they are fully insured. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, the question before the Senate is the passage of House Bill 474 on its second reading. All in favor will vote aye, oppose the vote no. Five seconds will be allowed for the voting and the Clerk will record the vote. Tarte, Tarte, aye. Forty-nine having voted in the affirmative and zero in the negative. House Bill 474 passes its second reading. Without objection, it will be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Is there any discussion or debate? Hearing none, the question before the Senate is the passage of House Bill 474 on its third reading. All in favor will say aye. Oppose, no. The ayes have it. House Bill 474 passes its third reading. It will be enrolled and sent to the Governor. House Bill 510. The Clerk will read. [SPEAKER CHANGES] House Bill 510, Foster Care Children...

Bill of rights. SPEAKER CHANGES: Senator Barring is recognized to explain the bill. SPEAKER CHANGES: Thank you mister president this bill simply provides a policy statement. A policy that promotes stability basic security and dignity for the thirteen thousand five hundred and forty eight foster children in the state of North Carolina such as freedom from abuse neglect and danger. I grappled with what to say about this bill and I've decided to just get down to a few brass tacts. Those children in foster care spend stand about as much or less chance of being paroled from a prison than they do from getting out of the grasp of the North Carolina foster care system. I learned that through my eleven years as a foster parent. Until we can provide loving caring and permanent homes for these thirteen thousand plus children it's our job to do the best we can for them and this bill is a good start. It's only a start and while I'm here I plan to try to make something better of that start. I urge your support of this bill thank you. SPEAKER CHANGES: Any discussion or debate? Senator Robin for what purpose do you rise. SPEAKER CHANGES: To speak to the bill. SPEAKER CHANGES: Senator Robins has the floor to speak to the bill. SPEAKER CHANGES: I want to thank Senator Beranger and also Senator Randalin for their work on this and the three of us together have worked on foster children's issues and I want to thank her for her advocacy because this is very important in terms of making sure that the children who are in foster care have quality of life and end up as productive citizens, rather than in penal systems. So I commend the bill to you. SPEAKER CHANGES: Any further discussion or debate? Herein none question before the Senate is the passage of Senate committee substitute to House bill five ten on it's second reading. All in favor vote aye. Opposed vote no. Five seconds will be allowed for the voting and the cleric will record the vote. Forty nine having voted in the affirmative and zero in the negative. Senator committee substitute to House bill five ten passes it's second reading without objection will be read a third time. SPEAKER CHANGES: North Carolina ?? acts. SPEAKER CHANGES: Is there any discussion or debate? Herein none the question before the Senate is the passage of Senate committee substitute to House bill five ten on it's third reading. All in favor say aye. SPEAKER CHANGES: Aye. SPEAKER CHANGES: Opposed no. The ayes have it Senate committee substitute to House bill five ten passes it's third reading. It will be sent to the House for concurrence of the Senate committee substitute. House bill six sixteen. Cleric will read. SPEAKER CHANGES: House bill six sixteen. Transitional mortgage laws and the originator. SPEAKER CHANGES: Senator Mayor is recognized to explain the bill. SPEAKER CHANGES: Thank you mister president and members of the Senate. House bill six sixteen amends a fair and secure mortgage and license acts to comply with the changes in Federal rules by Federal Consumer Financing Protection Bureau. I'd appreciate you're support thank you. SPEAKER CHANGES: Further discussion or debate? Herein none the question before the Senate is the passage of Senate committee substitute to House bill six sixteen on it's second reading. All in favor will vote aye. Opposed vote no five seconds will be allowed for the recording and the cleric will record the vote. Forty nine having voted in the affirmative and zero in the negative. Senate committee substitute to House bill six sixteen passes it's second reading without objection. To be read a third time. SPEAKER CHANGES: North Carolina General Assembly in act. SPEAKER CHANGES: Is there any further discussion or debate? Herein none the question before the Senate is the passage of Senate committee substitute to House bill six sixteen on it's third reading all in favor will say aye. SPEAKER CHANGES: Aye. SPEAKER CHANGES: Opposed no. The ayes have it. Senate committee substitute six sixteen passes it's third reading it will be sent to the House for concurrence in the Senate committee substitute. House bill seven ninety six cleric will read. SPEAKER CHANGES: House bill seven ninety six cleric will read. SPEAKER CHANGES: House bill seven ninety six ?? cemetery act. SPEAKER CHANGES: Senator Heiss is recognized to explain the bill. SPEAKER CHANGES: Thank you mister president members of the Senate, House bill seven ninety six would allow the construction of a columnbarium by a private retirement community in any of the three counties that happen to have no commercial columnbariums available it also sunsets within eighteen months to allow specifically Polk county and the Triana states to go ahead and build this for something needed for their residents. I'd appreciate your support. SPEAKER CHANGES: Is there any discussion or debate? Herein none the question before the Senate is passage of Senate committee substitute to House bill seven ninety six on it's second reading all in favor vote aye all opposed vote no. Five seconds will be allowed for the voting. The cleric will record the vote. Forty nine having voted in the affirmative and zero in the negative Senate committee substitute to House bill seven ninety six passes it's second reading without objection. To be read a third time. SPEAKER CHANGES: North Carolina General assembly in acts. SPEAKER CHANGES: Further discussion or debate? Herein none the question before the Senate is the passage of the Senate committee substitute of House bill seven ninety six on it's third reading all in favor will say aye. SPEAKER CHANGES: Aye. SPEAKER CHANGES: Opposed no. SPEAKER CHANGES: The ayes have it Senate committee substitute to House bill seven ninety six passes it's third reading it will be sent to the House for concurrence in the Senate committee substitute. House bill eight oh two.

The clerk will read. [SPEAKER CHANGES] House Bill 802, landlord, tenant shorten eviction time. [SPEAKER CHANGES] Senator Randleman is recognized, explain the bill. [SPEAKER CHANGES] Thank you Mr. President. House Bill 802 shortens the time it takes to evict a tenant. By requiring the magistrate to render a judgement on the same day of the hearing, it is limiting continuance by the magistrates. If it's more than five days it must be agreed to by the parties. It limits the time to pay the appeal costs of court for ten days. It allows the landlord to request a dismissal in an appeal if the tenant does not state in defense for non-payment of rent or has failed to pay the bond. It reduced the time the landlord is required to hold the tenants property after the landlord has won the case, the writ has been executed and the rental unit is locked from ten days to seven days. It requires the AOC to develop a forum for parties in some [??] cases to inform them of the timeline and process. And Mr. President I need to send forward a technical correction amendment please. [SPEAKER CHANGES] Senator you can send forward your amendment, the clerk will read. [SPEAKER CHANGES] Senator Randleman moves to amend the bill. [SPEAKER CHANGES] Senator Randleman is recognized, explain the amendment. [SPEAKER CHANGES] Thank you. The amendment is purely a technical correction, in section five it makes the reduction from ten to seven days consistent throughout the statute and also to clarify when the seven day period begins. It begins when the writ is executed. So I appreciate your support on the amendment. [SPEAKER CHANGES] Is there any discussion or debate? Hearing on the question before the Senate is the passage of amendment one, all in favor vote aye, opposed vote no. Five seconds we'll have for the voting and the clerk will record the vote. 48 having voted in the affirmative and 1 in the negative, amendment one is adopted the bill as amended is back before the body. Is there any further discussion or debate? Ms. Senator Bryant for what purpose do you rise? [SPEAKER CHANGES] Mr. President to debate the bill and to send forth and amendment. I'd like to speak first and then I'll send forth. [SPEAKER CHANGES] Senator Bryant has the floor to speak to the bill. [SPEAKER CHANGES] Thank you. Mr. President and colleagues, this bill does a great job of tightening the time limits for getting possession of your property once there's been a violation of the terms of the lease. There is one area of concern that many of the advocates are still worried about, and that is the seven calendar days they allow for the tenant once the writ of execution is executed to pick up their personal belongings if those personal belongings are valued over $500. We have gotten this process down, or the sponsors have done a good job of getting this process down to about 28 days if everybody follows all the procedures, and even if you ass the time for getting the property of the tenant, it would be at most about 38 days. The problem is, is seven calendar days for your to pick up your property but the landlord is only required to make it available for your during business hours, nine to five during their business hours. And we were attempting to get the change of seven calendar days. For example over the recent holiday period if a writ had been issued the person would really have had three business days given all the other, the weekend and the calendar days. Now some people argue, well, you know you haven't paid your rent, you've had 30 days already or longer if you know that you are violating your lease, but I also work in my community with a lot of people who are dealing with this tenuous situation related to homelessness. A lot of times the issue is not only involving the rent, in our area it's involving the utility payments as well. People are juggling both and then they realize they can't do it, they spend part of the time trying to get the money and then the other part of the time trying to find somewhere else to move, and then part of the time trying to find somebody to help you move your stuff. It is unfortunate to have people's stuff be put on the street or disposed of when that's the only belongings they have. So I'd like to send forth an amendment to request we approve seven calendar days for the person to pick up their belongings after the write is issues, I mean, I'm sorry, seven business days, I'm sorry, instead of seven calendar days. Seven business days for the person to pick up their belongings after the writ is issued which is the same amount of time... [SPEAKER CHANGES] Senator Bryant you must speak to the amendment, let's read it in and then you can have time to speak to the amendment. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] So you send your amendment forward, clerk who has it, clerk will read. [SPEAKER CHANGES] Senator Bryant moved to amend a bill. [SPEAKER CHANGES] Senator Bryant.

Recognized to explain the amendment, so Senator, you can continue. [SPEAKER CHANGES] Thank you, and that was the amendment. That we look at 7 business days just at the end if the person needs that to get their belongings moved, it would only apply to belongings valued over $500 that's the only time that right would kick in, and we think that's really important to allow folks in the vulnerable situation to not lose all their belongings. I'd appreciate your support for the amendment. [SPEAKER CHANGES] Senator Randleman, for what purpose do you rise. [SPEAKER CHANGES] I would like to debate the amendment, please. [SPEAKER CHANGES] Senator Randleman has the floor to debate the amendment. [SPEAKER CHANGES] Ladies and gentleman, I have spoken with the primary sponsors in the House, it was Senator Beverly Earl and also Bill Brawley. They're opposed to this amendment, and I guess that's why they picked me to explain this bill on the floor. Most of these folks, I'd say all these folks know that they haven't paid their rent. They knew when they didn't pay their rent, so these people have had to go into court, they've had to go through the legal process to get to the point that they could get a writ of possession. The writ has already been executed, the sheriff has padlocked the door and we're talking about the belongings that are there post-execution, so on behalf of the primary bill sponsors, I would ask you to oppose the amendment. [SPEAKER CHANGES] Further discussion or debate. Hearing none, the question before the Senate is the passage of amendment 2. 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. 10 having voted in the affirmative and 39 in the negative. Amendment 2 fails, 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 Senate Committee Substitute to House Bill 802 as amended on its second reading. All in favor will vote aye, opposed will vote no, 5 seconds will be allowed for the voting. The clerk will record the vote. Bingham, Tillman, aye, aye. 47 having voted in the affirmative and 2 in the negative, Senate Committee Substitute to House Bill 802 as amended passes its second reading. Without objection will be read a third time. [SPEAKER CHANGES] The General Assembly of North Carolina Enacts. [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 802 as amended on its third reading. All in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed, no. The ayes have it. Senate Committee Substitute to House Bill 802 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. Senators that wraps up our calendar for the day. At this time we'd like to introduce the pages, so pages if you'll make your way to the front up here so you can be introduced. And the clerk will read. [SPEAKER CHANGES] Annarog Argawal from Morrisville. Kendall Andrews, Newburg. Millidge Arms, Raleigh. Emma Factor, Raleigh. Grace Eisley, Raleigh. Rob Gerral, High Point. Maria Knath, Apex. Allie Meyer, Gastonia. Genie Mason, Raleigh. Abby Newsome, Raleigh. Ian Peartree, Carey. David Pierce, Jr., Raleigh. See Charee, Jr., Garner. Caleb Sloane, Raleigh. Crystal Smith, Culume and Steve Smith, Culume. [SPEAKER CHANGES] Pages, we thank you for sacrificing some of your summertime to us and thank you for your service to the Senate. Do we have any notices or announcements? Senator Brown, for what purpose do you rise? [SPEAKER CHANGES] An announcement. [SPEAKER CHANGES] Senator Brown has the floor for an announcement. [SPEAKER CHANGES] Republicans will caucus immediately after session. [SPEAKER CHANGES] Senator Tucker, for what purpose do you rise? [SPEAKER CHANGES] Mr. President, may I send forth a committee report out of order? [SPEAKER CHANGES] Senator, you can send forward your committee report out of order. Clerk will read. [SPEAKER CHANGES] Senator Tucker, the State and Local Government Committee submits for passage, House Bill 422, Morrisville Charter Amendment, Utility Building, favorable. House Bill 538, Committee Substitute Number

Apex Land Use Changes, unfavorable as to Committee Substitute Bill number one, but favorable as to Senate Committee Substitute Bill. [SPEAKER CHANGES] House Bill 422 and 538, calendar. Do we have any other notices or announcements. Senator Samuelson, for what purpose do you rise? [SPEAKER CHANGES] Moment of personal privilege. [SPEAKER CHANGES] Senator Samuelson has the floor for a moment of personal privilege. [SPEAKER CHANGES] Thank you, Mr. President, I just, members of the Senate, like to just take this opportunity to publicly thank Senator Jackson for his timely gift of a watermelon last week for the 4th of July, but I do have some advice for him. I think that those little white ones should have stayed in the field just a little bit longer. [SPEAKER CHANGES] Senator Barringer, for what purpose do you rise? [SPEAKER CHANGES] A moment of personal privilege please. [SPEAKER CHANGES] Senator Barringer, you have the floor for a point of personal privilege. [SPEAKER CHANGES] Last week we recognized Michael Dorman and MMIA with a Senatorial Statement and it was not read in. I have now sent it up for that purpose. Thank you. [SPEAKER CHANGES] Thank you Senator. Do we have any other notices or announcements. Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Motion. [SPEAKER CHANGES] Senator Apodaca has the floor for a motion. [SPEAKER CHANGES] Thank you, Mr. President, members. House Bill 417 modifies internal auditing statutes was sent by Appropriations to take a look. ?? released it so I move that House Bill 417 be placed on tomorrow's calendar for consideration. [SPEAKER CHANGES] Without objection, so ordered. Senator Tillman, for what purpose do you rise? [SPEAKER CHANGES] A moment of personal privilege. [SPEAKER CHANGES] Senator Tillman has the floor for a point of personal privilege. [SPEAKER CHANGES] I want to thank Senator Jackson for the nice green watermelons that were on the right side of the truck. They were for the Republicans, right? And I feel sorry for any of the Senators that picked up one of the little white and green ones. They were Democrat watermelons. [SPEAKER CHANGES] Senator Goolsby, for what purpose do you rise? [SPEAKER CHANGES] Moment of personal privilege, Mr. President. [SPEAKER CHANGES] Senator Goolsby has the floor for a point of personal privilege. [SPEAKER CHANGES] We're three birthdays on the weekend if my calendar's right and I tried to notify the senators, it was Senator Newton on the 5th, Senator Rabin on the 6th and Senator Sanderson on the 7th. Happy birthday to you all. I have one more follow up on that. A few weeks ago I announced to the Senate my concern about the Homeleave Program. I'd originally heard from the President of the Conference of DAs, Phil Berger, Jr about the situation that we had 30 plus 1st degree murders, 13 of which were serving life sentences that the weekend prior had actually gotten out of jail and were able to spend that weekend home with their families. Number of other criminals that brought that to light, the Secretary of the Department of Public Safety, Karen Shanahan and the governor appears to have acted quickly on that. They have stopped Homeleave for all individuals serving life in prison. If you can believe that they actually had it at one time. Also in this state one of the earliest ?? they have felt for the Victims Rights amendment to our constitution that was passed several years ago. It requires that victims of crimes in North Carolina actually be notified of the change of status of any criminal getting out of jail and such. That has also been, if you can believe that it wasn't part of the administrative law, it's also been reinstituted, so that when anyone approaching the time for their prison sentence to end is able to get a home leave, hopefully those were only the non-violent individuals, who need to get back into their community, be able to establish some ties, and in those limited instances, they will be required, the prison system will be required now to contact both the District Attorney and the victim's families to notify them of the home release of these criminals. So we thank the governor and I thank the governor and the Secretary of the Department of Public Safety for their swift action in this matter. Thank you, Mr. President. [SPEAKER CHANGES] Thank you, Senator. Any further notices or announcements? Is there any other business to come before the Senate? If not, the chair recognizes Senator Berger for a motion. [SPEAKER CHANGES] Thank you, Mr. President. I move the Senate do now adjourn subject to the re-referral of bills and resolutions, the receipt of messages from the House and the Governor and the ratification of bills to reconvene on Wednesday, July 10, 2013 at 2pm. [SPEAKER CHANGES] The motion is the Senate do now adjourn subject to the stipulations stated by Senator Berger, to reconvene on Wednesday, July 10th at 2pm, seconded by Senator Goolsby. All in favor say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed, no. The ayes have it. The Senate stands adjourned.