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Senate | June 10, 2013 | Chamber | Session

Full MP3 Audio File

[Speaker changes.] (Gavel sounds.) Senate will come to order. Sargent-at-arms close the doors. Members go to their seats. Members and guests of the gallery please silence all electronic devices. Leading the Senate in prayer is the Reverend Peter Millner???, Senate Chaplain. All members and guests in the gallery will please stand. [Speaker changes.] Let's pray together. Almighty God, thank you for this place to come in a week of unrest, amidst the arguments about right and wrong, sometimes it's easiest to abandon our calling. I know, Lord, that I am tempted to run away like Jonah. In fact, this is one of the greatest differences between me and you, Lord. We run away but you run to embrace us with love and bless us. So Lord, there's a great work to be done here. Democracy is worth the nastiness. Truth is worth the suffering. Alleviate our fears, turn out attention to you, the God that allows us to make mistakes and never gives up on us. We make this prayer in the name of Christ, Amen. [Speaker changes.] Senator Berger is recognized for a motion. [Speaker changes.] Thank you, Mister President. The journal of Thursday, June 6th, 2013, has been examined and is found to be correct. I'm recommending that we dispense with the reading of the journal and that it stand approved as written. [Speaker changes.] Without objection, the journal for Thursday, June 6th, stands approved as written. [Speaker changes.] Senators, we have a leave-of-absence today granted for Senator Woodard. We do have a nurse-of-the-day with us today Karen Schnell??? of ?????, North Carolina. Karen, please stand and be recognized. Thank you for your service to the Senate. (Applause.) Reports of Standing Committees. Senator Daniel, for what purpose do you rise? [Speaker changes.] Send forth the committee report. [Speaker changes.] Senator Daniel, you can send forth your committee report. Clerk will read. [Speaker changes.] Senator Daniels, ?????????????????? commits to passage House Bill 209, unfavorable as to bill but favorable as to Senate Committee Substitute Bill titled An Act to Provide Consent Protective Order entered under Chapter 50B of General Statutes, may be entered without finding of fact or conclusion of the law upon the written agreement of the parties. Senate Bill 219 upon reference, unfavorable as to Substitute Bill Number One but favorable as to Senate Committee Substitute Bill titled An Act to Modernize the Ways Children Born out of Wedlock are referenced in the general statutes by removing references to illegitimate when used in connection with an individual and to ?????? to allow a child born out of wedlock to inherit from a person who died prior to or within one year after the birth of that child and paternity can be established by DNA testing and to make technical corrections to statutes being amended. House Bill 331 and Committee Substitute Number One, ????????????? unfavorable as to Substitute Bill Number One but favorable as to Senate Committee Substitute Bill. House Bill 597, Committee Substitute Number One.... [Speaker changes.] [Speaker changes.]

1 Unfavorable as to committee substitute bill number 1 but favorable as to Senate Committee substitute bill titled, "An act to approve an official shield for bail bondsmen" [SPEAKER CHANGES] House Bills 209, 219, 331, and 597. Calendar. Ratification of bills [SPEAKER CHANGES] Mr. President [SPEAKER CHANGES] Senator Apodaca, what purpose do you ask? [SPEAKER CHANGES] Motion, please. [SPEAKER CHANGES] Senator Apodaca has the floor for a motion. [SPEAKER CHANGES] Mr. President, all of the bills just read in by the reading clerk from J2, please have placed on Wednesday's calendar. [SPEAKER CHANGES] Without objection so ordered. Ratification of bills, the clerk will read. [SPEAKER CHANGES] Enrolled bills. Enrolled - the clerk reports the following bills duly ratified for presentation to the governor: Senate Bill 239, "An act to make various revisions to the North Carolina Business Corporation Act;" Senate Bill 387, "An act to 1)make technical and conforming changes pertaining to the renaming of North Carolina Forest Service and to make other changes in the forest service statutes, and 2) provide a right of entry for the Commissioner of Agriculture to enforce the laws related to bedding;" Senate Bill 583, "An act to make various amendments to the statutes that regulate secondary metals recyclers;" Senate Bill 584, "An act to expand the protection against false liens to include the immediate family of a public officer or public employee;" House Bill 88, "An act to make technical corrections to the law pertaining to lien agents;" House Bill 276, "An act to clarify and modernize statutes regarding zoning boards of adjustment;" House Bill 279, "An act to authorize the Department of Environmental and Natural Resources to transfer certain environmental permits associated with property development when the original property owner is unwilling or unable to agree to the transfer;" House Bill 317, "An act to improve medical outcomes for North Carolina children who are deaf or hard of hearing;" and the following bills are duly ratified, properly enrolled, and presented to the Office of the Secretary of State: Senate Bill 67, "An act to authorize Surry County College to convey property by gift to Jackson County and to lease a portion of any structure subsequently built on that property;" Senate Bill 257, "An act to enable the transition of properties of the area along their common boundary reaching Alamance County and Guilford County by requiring a survey of the boundary line between the counties;" Senate Bill 268, "An act to allow the towns of Sunset Beach to impose a canal dredging and maintenance fee." [SPEAKER CHANGES] We have read into the calendar for today, starting with local bills. Second reading, local bill Senate Bill 312, the clerk will read. [SPEAKER CHANGES] Senate Bill 312, "Referendum on incorporating Lake James" [SPEAKER CHANGES] Is there any discussion or debate? Hearing none, the question before the Senate is the passage of the committee substitute Senate Bill 312. On a second 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. Berger - aye, Brown - aye. Forty having voted in the affirmative, and six in the negative, Committee Substitute Senate Bill 312 passes its second reading and will remain on the calendar. Moving on to public bills, we have a number of bills for concurrence today, starting with Senate Bill 137. The clerk will read. [SPEAKER CHANGES] Senate Bill 137, "Prohibit Co-Pay Waiver/Medicaid Providers." [SPEAKER CHANGES] Senator Tillman is recognized. [SPEAKER CHANGES] Mr. President, there was a small change made, and I ask that we vote to concur. [SPEAKER CHANGES] Senator Tillman asks that you concur. Is there any further discussion or debate? Hearing none, the question before the Senate is the motion to concur in the House Committee Substitute Senate Bill 137. All in favor will vote "aye." Opposed will vote "no." Five seconds will be allowed for the voting. The clerk will record the vote. Berger - aye, Clark - aye. Forty-six having voted in the affirmative, and two in the negative, the Senate concurs in the House Committee Substitute. It will be enrolled and sent to the Governor. Senate Bill 156, the clerk will read. [SPEAKER CHANGES] Senate Bill 156, "Clarify LEC Procedures/TC." [SPEAKER CHANGES] Senator Hartsell is recognized. [SPEAKER CHANGES] Thank you, Mr. President, members of the Senate. The House changed the grammar in one section to state the same the same thing in the positive as opposed to the negative. I recommend concurrence. [SPEAKER CHANGES] Senator Hartsell recommends concurrence. Is there any discussion or debate?

[0:00:00.0] …Hearing none, the question for the Senate is the motion to concur in the House Committee Substitute to Senate Bill 156, all in favor vote aye, all oppose will vote no, five seconds will be allowed for the voting the clerk will record the vote. Tillman aye, 48 having voted in the affirmative and 0 in the negative the Senate concurs in the House Committee Substitute to Senate Bill 156, the bill will be enrolled and sent to the Governor. [SPEAKER CHANGES] Senate Bill 200, Mr. President. [SPEAKER CHANGES] Mr. President I’m sorry and thank you for recognize me, I need to vote no on Senate Bill 312. [SPEAKER CHANGES] Senator Tucker no on Senate Bill 312, follow up count 397, Senate Bill 200, the clerk will read. [SPEAKER CHANGES] Senate Bill 200: Extend Time for Forensic Accreditation. [SPEAKER CHANGES] Senator Bingham is recognized to explain the bill. [SPEAKER CHANGES] Thank you Mr. President and ladies and gentlemen, the house shorten the length of time this is gonna place a hardship on the small forensic labs I urge you to not concur. [SPEAKER CHANGES] Senator Bingham recommends you do not concur, any further discussion or debate? Hearing none, the question for the Senate is the motion to concur in the House Committee Substitute to Senate Bill 200, all in favor will vote aye, all oppose will vote no, five seconds will be allowed for the voting clerk will record the vote. Jenkins no… [SPEAKER CHANGES] Mr. President… [SPEAKER CHANGES] Senator Apodaca what purpose you have? [SPEAKER CHANGES] Mr. President I’m sorry I should vote no. [SPEAKER CHANGES] I wanna vote along with Senator Kinnaird and vote no. [Laughter] [SPEAKER CHANGES] Apodaca, Kinnaird no. [SPEAKER CHANGES] Mr. President… [SPEAKER CHANGES] Senator what purpose you have? [SPEAKER CHANGES] Yes, I would like to change my vote to no please. [SPEAKER CHANGES] Randleman no. [SPEAKER CHANGES] Mr. President, I would like to vote with Senator Kinnaird as well thank you. [SPEAKER CHANGES] All no. [Laughter] [SPEAKER CHANGES] Mr. President… [SPEAKER CHANGES] Senator Stein what purpose you have? [SPEAKER CHANGES] I would like vote aye thank you. [Laughter] [SPEAKER CHANGES] Stein aye, 1 having voted in the affirmative and 47 in the negative the Senate Bill is not concur in the House Committee Substitute to Senate Bill 200 and the house will be so notified. Senate Bill 411 the clerk will read. [SPEAKER CHANGES] Senate Bill 411: Ethics Requirements for MPOs/RPOs. [SPEAKER CHANGES] Senator Herington is recognized. [SPEAKER CHANGES] Thank you Mr. President, one change was made I need a change on the day as that you do concur. [SPEAKER CHANGES] Senator Herington recommends that you concur, is there any further discussion or debate? Hearing none, the question for the Senate is the motion to concur in the House Committee Substitute to Senate Bill 411, all in favor will vote aye, all oppose will vote no, five seconds will be allowed for the voting the clerk will record the vote. Charles aye, 48 having voted in affirmative and 0 in the negative the Senate concurs in the House Committee Substitute to Senate Bill 411, the bill will be enrolled and sent to the Governor. Senate Bill 486 the clerk will read. [SPEAKER CHANGES] Senate Bill 486: Pertussis Education & Awareness. [SPEAKER CHANGES] Senator ___[03:31] is recognized to explain the bill. [SPEAKER CHANGES] This bill is to address vaccine awareness for Pertussis and I ask that you concur. [SPEAKER CHANGES] Senator ___[03:41] ask that you concur, is there any further discussion or debate? Hearing none, the question for the Senate is the motion to concur in the House Committee Substitute to Senate Bill 486, all in favor will vote aye, all oppose will vote no, five seconds will be allowed for the voting the clerk will record the vote. 48 having voted in the affirmative and 0 in the negative the Senate concurs in the House Committee Substitute to Senate Bill 486 the bill will be enrolled and sent to the Governor. Senate Bill 489 the clerk will read. [SPEAKER CHANGES] Senate Bill 489: Consumer Finance Act Amendments. [SPEAKER CHANGES] Senator Gunn is recognized. [SPEAKER CHANGES] Thank you Mr. President and the house of banking committee that we further lowered the rates by modifying the brackets again this compromise allow the CRL, the North Carolina Justice Center to take a neutral position and we also made a provision that a service member shall not be contacted in the event that the member was deployed in a combat supporting role of hostile fire danger play a part, pay is authorized. On the floor it was amended and the amendment clarify that the ___[04:53] any violation of the military provisions can make the long null and void under… [0:04:59.0] [End of file…]

certain circumstances. I am in agreement with all these changes and would ask for your concurrence. [SPEAKER CHANGES] Senator Gunn I ask that you concur. Is there any further discussion to debate. Hearing none the question for the Senate is the motion to concur in the House committee substitute to Senate bill 489. All in favor vote aye. Opposed vote no. Five seconds will be allowed for the voting. The clerk will record the vote. 40 having voted in the affirmative and 8 in the negative. The Senate concurs in the House committee substitute to Senate Bill 489. It will be enrolled and sent to the governor. Senate bill 520. The clerk will read. [SPEAKER CHANGES] Senate bill 520 ?? hearings. [SPEAKER CHANGES] Senator Daniel is recognized. [SPEAKER CHANGES] Thank you Mister President, members of the Senate, only a grammatical change and a effective date change were made to this bill so I would ask you to vote to concur. [SPEAKER CHANGES] Senator Daniel recommends that you concur. Is there any further discussion or debate? Hearing none the question for the Senate is the motion to concur in the House committee Substitute to Senate bill 520? All in favor vote aye. Opposed vote no. Five seconds will be allowed for the voting. The clerk will record the vote. Apodaca? Aye. 48 having voted in the affirmative and 0 in the negative. The Senate concurs in House committee substitute to Senate bill 520. It will be enrolled and sent to the governor. Senate bill 528. The clerk will read. [SPEAKER CHANGES] Senate bill 528 clarify ?? oath. [SPEAKER CHANGES] Senator Goolsby is recognized. [SPEAKER CHANGES] Thank you Mister President. The House in their infinite wisdom decided to change the grand jury oath which included affirming to the state's laws as in, previously it was the laws of the United States and they changed it to where they have to affirm to support the State's laws and I don't see anything wrong that one and would encourage your support. [SPEAKER CHANGES] Senator Goosby recommends that you concur. Is there any further discussion or debate? Hearing none the question for the Senate is the motion to concur in the House committee substitute to Senate bill 528. All in favor vote aye. Opposed vote no. Five seconds will be allowed for the voting. The clerk will record the vote. Clark? Aye. 48 having voted in the affirmative and 0 in the negative. The Senate concurs in the House committee substitute to Senate bill 528. It will be enrolled and sent to the governor. Senate bill 539. The clerk will read. [SPEAKER CHANGES] Senate bill 539. Jury list, date of birth information. [SPEAKER CHANGES] Senator Clodfelter is recognized, [SPEAKER CHANGES] Thank you Mister President and the House, replaced references to the administrative offices of the courts with references instead to the county jury commissions. That is the correct reference so we should concur. [SPEAKER CHANGES] Senator Clodfelter recommends that you concur. Is there any further discussion or debate? Hearing none the question for the Senate is the motion to concur in the House committee substitute to Senate bill 539. All in favor vote aye. Opposed vote no. Five seconds will be allowed for the voting. The clerk will record the vote. 48 having voted in the affirmative and 0 in the negative. The Senate concurs in the House committee substitute to Senate bill 539. It will be enrolled and sent to the governor. That does wrap up our calendar for this week. At this time we'd like to introduce the pages that will be serving you this week. If the pages come to the front of the chamber for recognition. It's going to be a short week. That wraps up the calendar for the day, excuse me. You wish. The clerk will read. [SPEAKER CHANGES] The pages serving in the chamber this week William Chung, ??, Ally ??, ??, ?? Coby, ?? Forest, Amanda Davis, ?? Oak, Griffin Evans, Wilmington, Tristan Gordon, Tyler Hendricks, Greensboro, Katy ??, Riley, Austin Jeffries, Goldsboro, David ??, Wake Forest, Sara ??, ??, Haley Meyer, Wilmington, Mackenzie Morgan, Charlotte, Ashley Murray, ??

?? Murray, Raleigh, Lily Myers, Winston-Salem, Jordan Perry, Durham, Maggie Powell, Wilmington, Amanda ??, Durham, Daniel Rangel, Greensboro, Catherine Ann Robinson, Raleigh, Gregg Stewart, Garner and Spencer Zachary, Taylorsville. [SPEAKER CHANGES] Pages, we thank you for your service to the Senate this week. Thank you so much. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Multiple motions. [SPEAKER CHANGES] Senator Apodaca has the floor for motions. [SPEAKER CHANGES] Thank you, Mr. President. Members, Senate Bill 328 solid waste management’s currently on the calendar for tomorrow. Move that it be removed from tomorrow’s calendar and referred to the committee on finance. [SPEAKER CHANGES] Without objection so ordered. [SPEAKER CHANGES] House Bill 649, small group insurance technical changes is currently on tomorrow’s calendar. Asked that it be re-calendared for Wednesday, June 12. [SPEAKER CHANGES] Without objection so ordered. [SPEAKER CHANGES] Also on tomorrow’s calendar, House Bill 122 amend interlocutorial appeals. Move from tomorrow’s calendar and re-referred to J 1. [SPEAKER CHANGES] Without objection so ordered. [SPEAKER CHANGES] House Bill 937 amend various firearms laws currently committee on rules. Remove from rules and refer to J 1. [SPEAKER CHANGES] Without objection so ordered. [SPEAKER CHANGES] And that ought to do it. Thank you. [SPEAKER CHANGES] Do we have any other notices or announcements? Senator Brown, for what purpose do you rise? [SPEAKER CHANGES] An announcement. [SPEAKER CHANGES] Senator, you have the floor for your announcement. [SPEAKER CHANGES] Republicans will caucus immediately after session. [SPEAKER CHANGES] Any other notices or announcements? Is there any other business come from the Senate? If not the Chair recognizes Senator Berger for a motion. [SPEAKER CHANGES] Thank you, Mr. President. I move that the Senate do now adjourn subject to the receipt referral of messages from the House and the Governor, the ratification of bills, and the referral, and re-referral of bills and resolutions to reconvene on Tuesday, June 11, 2013, at 3pm. [SPEAKER CHANGES] The motion is the Senate do now adjourn subject to the stipulations stated by Senator Berger to reconvene Tuesday, June 11, at 3pm. Seconded by Senator Brown. All in favor say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed no. The ayes have it. The Senate stands adjourned.