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Senate | June 3, 2013 | Chamber | Session

Full MP3 Audio File

Senate will come to order. Sergeant-at-Arms will close the doors. Members wlll go to their seats. We don’t have any guests in the gallery but please silence all your electric devices. Leading the Senate in prayer is the Reverend Peter Milner, our Senate Chaplain. All members and guests in the gallery will please stand. [SPEAKER CHANGES] Let us pray together. Whoever dwells in the shelter of the most high will rest in the shadow of the almighty. I will say of the Lord, he is my refuge and my fortress. My God in him I trust. ?? he will save you, he will cover you with his feathers. Under his wing he will bring you refuge. Faithfulness will be your shield and your rampart. May this body rest in your presence. In perseverance to run the race with which you have trusted us, Lord. Within Christ’s name we pray. Amen. [SPEAKER CHANGES] Amen. [SPEAKER CHANGES] Senator Berger is recognized for a motion. [SPEAKER CHANGES] Thank you, Mr. President. The journal of Thursday, May 30, 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 of May 30, 2013 stands approved as written. Senator’s leaves of absences granted for today Senators Clodfelter, Meredith and Robinson. We’re going to move rght into our calendar for today. Starting with local bills. Third reading roll call bill, House Bill 671. Clerk will read. [SPEAKER CHANGES] House Bill 671 ?? – [SPEAKER CHANGES] Is there any discussion or debate? Hearing none, the question before the Senate is the passage of the Committee Substitute to House Bill 671 on its third reading, all in favor will vote aye, oppose the vote, no. Five seconds will be allowed for the voting, clerk will record the vote. 46 having voted in the affirmative and 0 in the negative. Committee Substitute to House Bill 671 passes its third reading and it will be enrolled. House Bill 545. Clerk will read. [SPEAKER CHANGES] House Bill 545, modify Henderson County occupancy tax. [SPEAKER CHANGES] Any discussion or debate? Hearing none, the question before the Senate is the passage of the House Bill 545 on its second reading. All in favor will vote aye, will say aye. [SPEAKER CHANGES] Aye [SPEAKER CHANGES] Oppose, no. The ayes have it. House Bill 545 passes its second reading without objection to be read a third time. [SPEAKER CHANGES] North Carolina General Assembly Acts [SPEAKER CHANGES] Is there any discussion or debate? Hearing none, the question before the Senate is the passage of the House Bill 545 on its third reading. All in favor will say aye, [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Oppose, no. The ayes have it. House Bill 545 passes its third reading. It will be enrolled. Moving onto public bills for concurrence. Clerk will read. [SPEAKER CHANGES] Senate Bill 344 Dog ?? leash. [SPEAKER CHANGES] Senator Pate, for what purpose do you rise? [SPEAKER CHANGES] Senator Pate, you have the floor for your motion. [SPEAKER CHANGES] Thank you very much, Mr. President. Members, I’d like to move that we do not concur with the House version of Senate Bill 344. It has been sent back and differs quite a bit and we would like to not concur so that conferees can be appointed. [SPEAKER CHANGES] Any discussion or debate? [SPEAKER CHANGES] Senator Blue, for what purpose do you rise? [SPEAKER CHANGES] To speak on the motion. [SPEAKER CHANGES] Senator Blue has the floor to speak on the motion. [SPEAKER CHANGES] Thank you very much, Mr. President. Ladies and gentlemen of the Senate, I find myself almost in agreement with Senator Pate. Which is not that bad. But I read the language of this House version of this bill and it is some of the most ridiculous stuff I’ve read lately. I’m going to vote to concur.

Even though I don’t agree with very much of the language in the House version. But I do think that it rightfully creates a situation where the city and the state can talk. Where they can figure out exactly what’s what. The city as this bill says, there are some redeeming values in it. The House Bill points out that it is a subdivision of the state, and it’s ?? to the state, and I agree with that. And so I think that since they’re closely related, they ought to have an opportunity to sit down, talk together, figure out how and whether they ought to work this deal some of way. So I hope that you will vote to concur with the House changes to Senate Bill 334 and let Raleigh and the department of administration go ahead and try and get some kind of workable solution on this. [SPEAKER CHANGES] Senator Stein, for what purpose do you rise? [SPEAKER CHANGES] Thank you Mr. President. To debate the motion. [SPEAKER CHANGES] Senator Stein has the floor to speak to the motion. [SPEAKER CHANGES] Actually I ask all the members of the chamber to vote to concur. The lease between the city and the state is valid. We shouldn’t be passing any law but at least the redeeming value of the House Bill is that it says all right, Governor and Mayor, why don’t you all talk for a year before we do anything rash. The bill that this chamber passed out immediately abolished a valid contract between the city and the state. Thereby jeopardizing the good word of the state of North Carolina, which undermines everything that the state’s good name is. To abolish this lease is unbelievably shortsighted. There’s an incredible opportunity to create a world-class port here that would benefit not only the county but the whole state. It will serve as an engine for economic growth in this region which again ?? to the benefit of the entire state. I think the lease is valid. I don’t think we need any law whatsoever. That said, there’s at least some modicum of respect in the House version, so I ask you to support this conference, this motion to concur. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, the question before the Senate is concurrence in the House Committee Substitute. Senator Pate recommends that you do not concur. All in favor will vote aye. Opposed will vote no. Five seconds will be allowed for voting and the clerk will record the vote. [PAUSE] Bryant, Bryant, aye. Bryant, aye. 18 having voted in the affirmative and 28 in the negative, the Senate does not concur and the House will be so notified. [SPEAKER CHANGES] I want to change my vote, please. [SPEAKER CHANGES] Senator Raybin changes his vote from aye to no. [PAUSE] Final count 17-29. [PAUSE] At this time, it’s time to introduce our pages for the week. So if the pages will come to the front of the chamber and line up here, we will recognize you for the week. And as soon as they get to the front, the clerk will read. [PAUSE] [SPEAKER CHANGES] Pages serving in the chamber this week, Ever Barlow, Wilmington. Madison Bell, Lewisburg. Alison Clark, Raleigh. Caitlin Ebert, Hickory. William French, Reedsville. Alex Hale, Eaton. Lilly Kenny, Reedsville. Amelia Mangin, Granite Falls. Grace Repogle, Raleigh. Grayson Russel, Nightdale. Endrin Saposeti, Carey. Carolann Swarthbock, Jacksonville. Jordan Smith, Henderson. Mary Catherine Sterns, Hickory. Alex Stroud, Everdeen. Cody Tatum. Yanceyville. Max Tony, Reedsville. Catherine Treacy, Oxford. Hayley Webb, Somerville. Rebecca Wilkins, Clayton. [SPEAKER CHANGES] Senate pages, we thank you for your service.

To the Senate this week, and hope you enjoy your week. Thanks so much. [SPEAKER CHANGES] Ratification of bills. The Clerk will read. [SPEAKER CHANGES] Enroll bill. Enrolling Clerk reports the following bill duly ratified for presentation to the Governor. House Bill 146, an act to require the State Board of Education to ensure and instruct cursive writing and memorization of multiplication table as a part of the Basic Education Program. House Bill 449, an act providing that vendors qualified for any state furniture requirements, contracted ?? products included on United States General Services Administration GSA Furniture Schedule. The vender is fairly qualified for the GSA Furniture Schedule, and the vendor offers products on the same pricing specifications on the GSA Furniture Schedule. And the following resolution dually ratified and properly enrolled and presented to the offices of the Secretary of State. House Joint Resolution 1007, a joint resolution providing for the conformation of Christopher J. Ayers as executive director of the public staff of the North Carolina Utilities Commission. [SPEAKER CHANGES] I think with our big group of pages this week I think we forgot one. Kevin Treece of Oxford. Kevin, are you in the chamber right now? Raise your hand. Thank you so much for being here, Kevin. And for that you get your own individual applause. Do we have any notices or announcements? Senator Pate, for what purpose do you rise? [SPEAKER CHANGES] Mr. Chairman, Mr. President, pardon me, to make some announcements conference committees. [SPEAKER CHANGES] Senator Pate has the floor for announcement. [SPEAKER CHANGES] Thank you, Mr. President. Senator Berger adds the following members to the conference committee on House Bill 13: State Agency Property/Biannual Report, Senator Hartsell and Senator Bingham. Senator Berger also appoints the following conferees to the conference committee on Senate Bill 334: Dorthea Dix Lease, Senator Pate, Chair, Senator Hise, Senator Tucker. Thank you, Mr. President. [SPEAKER CHANGES] Thank you, Senator. Any other notices or announcements? Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] For a motion. [SPEAKER CHANGES] Senator Apodaca has the floor for a motion. [SPEAKER CHANGES] Thank you, Mr. President. House Bill 982 modify Medicaid subordination statute currently in healthcare asked that it be removed and referred to Judiciary one. [SPEAKER CHANGES] Without objection so ordered. [SPEAKER CHANGES] Is there any further business? Come forward, Senate. If not the Chair recognizes Senator Apodaca for a motion. [SPEAKER CHANGES] Mr. President, I move that the Senate to now adjourn, subject to the receipt of messages from the House and the Governor to reconvene Tuesday, June 4, 2013, at 2pm. [SPEAKER CHANGES] The motion to the Senate do now adjourn subject to the stipulations stated by Senator Apodaca to reconvene Tuesday, June 4th, at 2pm. Seconded by Senator Hartsell. All in favor will say aye. Opposed no. The ayes have it. The Senate stands adjourn.