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Senate | July 15, 2013 | Chamber | Session

Full MP3 Audio File

[SOUND] Senate will come to order. Sergeant at arms, close the doors. Members will go to their seats. Leading the Senate in prayer is the Reverend Peter Milner, Senate Chaplain. All members please stand. [SPEAKER CHANGES] Almighty God, we stand on holy ground, and the ground is moist with rain for Father, you rain your love down upon the just and the unjust. Your love is not discretionary. As Deitrich Bonhoeffer prayed in 1945, stand by your enemy’s side and plead for him to God, taking his distress and poverty and perdition into yourself. Each of his insults will bind you more closely to the Father. Would you Lord, the forgiving one, fire us up to forgive like you forgive. Fill us up with you. By ourselves, this isn’t possible. Without calling on you, this cannot happen. We’d never be able to do this. But with you, all things are possible. Help us to work together as people and as Senators, for the good of the people in this amazing state. Lord, help us here today, for Your glory and Christ’s, Amen. [SPEAKER CHANGES] Senator Burr is recognized for a motion. [SPEAKER CHANGES] Thank you Mr. President. The journal of Thursday, July the 11th, 2013 has been examined and is 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 11th stands approved as written. Senators, we have leaves of absence granted today for Senators Hartsell and Cooke. We do have a nurse of the day with us today. We have Linda O’Boyle, from ?? City, North Carolina. Nurse O’Boyle, please stand and be recognized. Thanks again for your service to the Senate. [APPLAUSE] [PAUSE] Senators, we’re going to move right into our calendar for the day. We’re going to be starting with the third reading, public bill. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] I think we might have a change in plans, please. [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Thank you, Mr. President. House Bill 15, currently up for third reading, I ask that it be moved from tonight’s calendar and placed on tomorrow’s. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] Mr. President, Senate Bill 315, currently on tonight’s calendar for concurrence. Remove from tonight’s calendar, placed on tomorrow’s. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] Thank you, Mr. President. House, no excuse me, Senate Bill 653, clarify dealer plates, ask that it be removed from tonight’s calendar and placed on tomorrow’s. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] While I’m at it, Mr. President, if I might, House Bill 870, record closed sessions of public bodies, currently in J1, ask that it be removed from J1 and sent directly to Rules. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] Thank you, Mr. President. House Bill 479, amend electrolysis practice ?? currently Committee on Rules. I ask that it removed from Rules and re-referred to the Committee on Finance. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] Thank you Mr. President. [SPEAKER CHANGES] That leaves us with a few public bills for concurrence. Starting with Senate Bill 372. The clerk will read. [SPEAKER CHANGES] Senate Bill 372, ?? County legislation. [SPEAKER CHANGES] Senator Davis is recognized. [SPEAKER CHANGES] Thank you, Mr. President. The House made just three small changes. Two, actually. It clarified in section 1 that the notice to the County Commissioner’s requirement only applies to solid waste, not liquid waste. It added to representative to the league of municipalities to the payment in lieu of taxes study. And I ask for your concurrence. Thank you. [SPEAKER CHANGES] Senator Davis 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 number 2 to Senate Bill 372. All in favor will vote aye.

aye. Opposed will vote no. Five seconds will be allowed for the voting. The clerk will record the vote. Kinnaird, Kinnaird. Blue. Kinnaird, aye. 46 having voted in the affirmative and zero in the negative. The Senate concurs on the House Committee Substitute 2 to Senate Bill 372, it will be enrolled and sent to the Governor. Senate Bill 406, the clerk will read. [SPEAKER CHANGES]. Senate Bill 406, Repeal Laws Denied Section 5 Preclearance. [SPEAKER CHANGES]. Senator Brunstetter is recognized. [SPEAKER CHANGES]. Thank you, Mr. President. Members, the House made some very minor changes to this bill, it didn't change the substance. I'd ask you to concur. [SPEAKER CHANGES]. Senator Brunstetter 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 to Senate Bill 406. All in favor vote aye, opposed vote no. Five seconds will be allowed for voting, and the clerk will record the vote. Allran, Allran, aye. Newton, aye. Bryant and Clark, aye, aye. 46 having voted in the affirmative, zero in the negative. The Senate concurs in the House Committee Substitute Senate Bill 406. It will be enrolled and sent to the Governor. Senate Bill 571, the clerk will read. [SPEAKER CHANGES]. Senate Bill 571, Authorize Various Special Plates. [SPEAKER CHANGES]. Senator Brock is recognized. [SPEAKER CHANGES]. Thank you, Mr. President. The House made some changes. One is extension to some military plates that, while some are for soldiers, and sailors, and airmen were deployed, it gives them time to sign up for certain plates, to eliminate of fees for certain military plates, it repeals the phase out of the blocks that was put on the plates last time around, and it makes various and other technical changes, and adds about, I don't know, two or three dozen license plates. I urge your concurrence. [SPEAKER CHANGES]. Senator Brock urges you to concur. Senator Rucho, for what purpose do you rise? [SPEAKER CHANGES]. A question, sir. [SPEAKER CHANGES]. Senator Brock, do you yield for a question? [SPEAKER CHANGES]. I do. [SPEAKER CHANGES]. You mentioned about eliminating the phase out of something. Would you repeat that again so I can understand? [SPEAKER CHANGES]. Yes. In last session, in 2011, the plates that we have with the full ?? plates, with the background, there was an agreement back then, matched where the blocks themselves would be a white on a black background, and currently the DMV is going to take a look at those and make sure that the color combination used is of a high contrast. That way you can make out the numbers on the license plates. [SPEAKER CHANGES]. Follow up question. [SPEAKER CHANGES]. Senator, do you yield? [SPEAKER CHANGES]. I yield. [SPEAKER CHANGES]. So we originally had a plan that we were going to all go back to a one similar colored plate, and then allow logos for the different organizations, has that been altered? [SPEAKER CHANGES]. Yes. If we go back to the phase out of those color plates. It'll repeal the phase out of those plates. [SPEAKER CHANGES]. Let me try that one more time, Mr. President. [SPEAKER CHANGES]. Senator Brock, do you yield for a third question? [SPEAKER CHANGES]. It is getting rid of the phase out? Or it is allowing the phase, stopping the phase out of those plates? [SPEAKER CHANGES]. It's stopping the phase of those, it's stopping the phase out, which was repealing those plates. [SPEAKER CHANGES]. Mr. President? [SPEAKER CHANGES]. Senator Rucho, you have the floor. [SPEAKER CHANGES]. May I speak on the bill? [SPEAKER CHANGES]. Yes, sir. [SPEAKER CHANGES]. This Senate took some strong position, and the House actually supported it. Where the Highway Patrol, the City Police, the Chief of Police, Sheriff's Department, all came down and they said it was very challenging for them and also affected their safety. In regards to preforming their duties as Law Enforcement Officers, both their safety and the efficiency of doing it quickly, and that is why we worked to get rid of those plates, allowed for that logo so that organization would continue, but everyone was going to have the same base plate. And it sounds like that is being changed, and I would say to you, sir, and to the members of the senate, that is the wrong direction that we need to be going on this. And that I would hope we not concur and discuss this at length, because that is flying in the face of this Senate and what this legislature did the last time. [SPEAKER CHANGES]. Senator Hise, for what purpose do you rise? [SPEAKER CHANGES]. To as Senator Brock a question. [SPEAKER CHANGES]. Senator Brock, do you yield? [SPEAKER CHANGES]. Yes. [SPEAKER CHANGES]. Senator Brock, just to clarify, would this allow for the continuation of the Blue Ridge Parkway plate, and the Great Smokey Mountain plates? [SPEAKER CHANGES]. As is. Apparently, yes.

Is there any further discussion or debate Senate raven Thankyou , to debate the motion senator raven you have the floor thank you mr. president I agree very strongly with senator rucho on this measure. we worked hard, very hard in the last diitium to ensure that we had one type of license plate and that one size would fit all and they'd be easily recognizable as we moved into the new era and i would have to ask us not to concur. mr president ?? purpose I move house bill senate 571 be removed from the tonights calendar and be placed on tomorrows Senators we have one conference report for adoptions. Senate bill 409. Clerk will read. Senate bill 409 . access costs restraining orders senators chars recognized yes mr president thank you and members the house had inserted a provision in this bill when we sent it to them on the way back and in conference they agreed to remove it so i ask for your concurrence. senate ?? asks for you concurrence is there any further discussion or debate. hearing none the question for the senate is the adoption of the conference report house comity substitute bill 409. all in favor will vote aye all opposite vote no. there will be 5 seconds allowed for voting. clerk will record the vote . forty seven having voted in the affirmative and zero in the negative conference report for senate bill 409 is adopted and the house will be notified. that concludes are calendar for the day. mr president seantor ?/ what purpose do you arise send fourth a conference report please sentor ?? send fourth your conference report clerk will read conference report house bill 232 the resolve the differences between the senate and house of representatives on house bill 232 a bill to be entitled an act to make technical and other changes to the state health plane for teachers and state employees as requested by the state health plain house bill 232 conference report calendar gradificaion of bills. clerk will read enroll bill ernroll clerk reports the following the bill is duly rectified to presentation the governor senate bill 200 an act to extended the time for local forensics science labs to obtain accreditation. senate bill 344 and act to allow for the issuance of the title by devision of motor vehicles to the owner of out of state motor vehicles ni a 35 mile a year years old or older if the license and theft bureau of the devision of motor vichles fails to complete an inspection and verification on the vechile identification number within 15 days a request for inspection and verification. senate bill 407 an act to require the devision of motor vehicle to implary a state wide electronic lean system process notification and release security intrests certificate of vital data. senate bill 659 an act to confirm the motor vehicles law north carolina House bill 26 an act to vehicles for disassembly and

At this time we would like to introduce the pages for the week. So if we could ask the pages to come to the front of the chamber so that they can be introduced. [SPEAKER CHANGES] Clerk ??. [SPEAKER CHANGES] Pages serving in the chambers this week, Dee Dee Anthony Wake Forest, Shantel Bennett Stanford, Isabelle Ferguson Raleigh, Jordan Keys Raleigh, Nicholas Kroll Cottage Springs, Victoria Kroll Cottage Springs, Jasmine McNiel Raleigh, Gannon Nowerchzec UK Verina, Veronica Nowerchzec UK Verina, Amanda Packer Oak Mills, Julia Perry ??, Caleb Reed Wake Forest, Andy Schieber Nightdale, Rosalyn Ward ??, and Kayla Williams Raleigh. [SPEAKER CHANGES] We thank you for sacrificing time out of your summer and thank you for serving the senate this week. Do we have any notices or announcements? Notices or announcements. Is there any further business to come before the senate? [SPEAKER CHANGES] Mr. President. Send forth a senatorial statement. [SPEAKER CHANGES] You can send forth your statement, Senator. Senator Randleman, would you like to be recognized for a point of personal privilege as well? [SPEAKER CHANGES] Yes, Sir. Thank you. [SPEAKER CHANGES] You can have the floor, Senator. [SPEAKER CHANGES] This is a senatorial statement honoring the life of chief district court Judge Mitchell Mitch McClain. Judge McClain of Wilksborough was the chief district court judge for the 23rd judicial district serving Wilks Ashe ?? Counties. He was elected in 1998 and became the chief district court judge in 2006. He was well loved and highly respected among his peers and the citizens of our community and was known for his caring and compassionate nature. And the thing about Judge McClain, if you were succeeding in anything, he would look at you and he would say good for you. He was very compassionate. While he was on vacation in Sunset Beach, Judge McClain died during a rescue attempt to save swimmers caught in a riptide. Judge McClain is survived by his wive Beth, two sons Jackson and Finn McClain, and his mother Pauline McClain. Judge McClain should be remembered for his kindness and for his unselfish act that helped save the life of another. Mr. President, I would respectfully request that this senatorial statement be spread across the pages of the journal and that we adjourn today in honor of Judge Mitchell McClain. Thank you, Mr. President. [SPEAKER CHANGES] Any further business to come before the senate? If not, the chair recognizes Senator Berger for a motion. [SPEAKER CHANGES] Thank you, Mr. President. If I could, just a short moment of personal privilege before I get to the motion. Members of the Senate, it is my understanding that one amongst us is celebrating a birthday today and I couldn't let the day go by without making sure we wished our reading clerk a Happy Birthday. And with that, Mr. President, I move that the Senate do now adjourn subject to the receipt of committee ports, the re-referral of bills and resolutions, the receipt of messages from the house and the governor, the ratification of bills, the appointment of conferees, and the receipt of conference reports to reconvene on Tuesday, July 16th, 2013 at 2:00 pm and I ask that the record show that we do adjourn in honor of and in memory of Judge Mitchell McClain. [SPEAKER CHANGES] Thank you, Senator. The motion is that the Senate do now adjourn subject to the stipulations stated by Senator Berger to reconvene Tuesday, July 16th, 2013 at 2:00 pm, seconded by Senator Randleman. All in favor will say aye, opposed no. The aye's have it. The Senate stands adjourned.