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Senate | June 4, 2013 | Chamber | Session

Full MP3 Audio File

Senate will come to order. Sergeant at Arms will close the doors. Members will go to their seats. Members and guests in the gallery will please silence all electronic devices. Leading the Senate in prayer is the Reverand Peter Millner, Senate Chaplain. All members and guests in the gallery will please stand. [SPEAKER CHANGES] Let us pray together. Lord, as we gather today we want to respond to you by saying thank you. Thank you. We thank you for the opportunity to bring our voices forward, for the opportunity to represent the people of this great state, for the positions that you have given each man and woman in this chamber to have great authority. We pray that they use that authority as a blessing, and with meekness and with gentleness and with poverty of spirit. Blessed are the pure in heart, for they shall see God. I know Lord that it gets hard. But Lord, sometimes that heat drives us to our knees and it's in that place where you most like to meet us. So season each senator today as you season with salt and shine your light upon them that they might be the light of the world. But you have ?? to be into their own unique ways. And it's in the name of Jesus that I make these prayers. Amen. [SPEAKER CHANGES] Senator Berger is recognized for a motion. [SPEAKER CHANGES] Thank you Mister President. The journal of Monday June 3, 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 June 3 stands approved as written. Leaves of absence are granted today for Senators Woodard and Clodfelter. On the motion of Senator Ron Rabin of Harnett, Lee and Johnston Counties, the Chair is happy to extend courtesies of the gallery to members of the Veteran's Legacy Foundation. The VLF is an organization formed by veterans, for veterans, united in an effort to research and document the legacy of veteran service and to promote the recognition and honor of that service. We have with us Victor ??, Board of Director member of VLF who served twenty eight years in the US Air Force and his wife Peggy. Also Doctor David ??, board member of VLF who served six years in the Air National Guard. Robert Baker, research associate member of VLF who served twenty years in the US Air Force. Jim Davis, research associate. John Elskamp, Executive Director of VLF who served 24 years in the US Air Force along with his wife Mary, who has served over twenty years as a North Carolina firefighter and is currently still active. We thank them for their service, valor and willingness to carry the torch for those who cannot. If you are with us today, please stand and be recognized. Thank you for joining us. [SPEAKER CHANGES] On this motion of Senator Randleman of Wilkes, Stokes and Surry Counties, the Chair is happy to extend courtesies of the gallery to the Wilkesboro town manager Ken Nolan, Pilot Mountain town manager Homer Dearmin and Banner Elk mayor Brenda Lyerly. If you are with us today, please stand and be recognized. Reports of standing committees. [SPEAKER CHANGES] Senator Jackson, for what purpose do you rise? [SPEAKER CHANGES] To send forth a committee report. [SPEAKER CHANGES] Senator Jackson, you can send forth your committee report. The clerk will read. [SPEAKER CHANGES] Senator Jackson for Agriculture/Environment/Natural Resources Committee submits ?? House Bill 369, committee substitute number one Increase Penalty/Seed Law Violations, favorable. House Bill 480, committee substitute number two Environmental Permitting Reform, favorable. House Bill 581, committee substitute number one Trophy Wildlife Sales Permits, favorable. House Bill 707, Ensure Safe Navigation Channels, favorable. House Bill 789, USTs Eligible For Brownfields. House Bill

committee substitute number one. Triad farmer’s market renamed for Senator Bob Shaw, favorable. [SPEAKER CHANGES] House Bill 369-J1, House Bill 480, 581, 707,789, and 821 calendar. [SPEAKER CHANGES] Senate Bill 505 committee substitute number one. Extend DSWC animal waste inspection unfavorable as to committee substitute bill number but favorable as to Senate committee substitute bill. [SPEAKER CHANGES] House Bill 505 calendar. Senators we have an excused absence today for Senator Rucho as well. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Barringer, for what purpose do you rise? [SPEAKER CHANGES] To send forth a committee report. [SPEAKER CHANGES] Senator Barringer, you can send forward your report. The clerk will read. [SPEAKER CHANGES] Senator Barringer for the commerce committee submits for passage House Bill 278 committee substitute number one,HOAs/Voluntary Prelitigation Mediation, favorable. House Bill 315 committee substitute number one, Plastic Labeling Requirements, favorable. House Bill 610 committee substitute number, Modify Requirements for In-stand Beer Sales, favorable. House Bill 774 committee substitute number one, Building Code Exclusion/Primitive Structures, favorable. House Bill 829 committee substitute number one, Sale of Growlers by Certain ABC Permittees, favorable. [SPEAKER CHANGES] House Bill 278, 315, 610, 774, and 829, calendar. Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Mr. President, the reading clerk just read in House Bills 278, HOAs/Voluntary Prelitigation Mediation. I ask a serial referral be attached to the judiciary 1 committee, please. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] Mr. President, three motions relative to today’s calendar. [SPEAKER CHANGES] Senator Apodaca has the floor for his motions. [SPEAKER CHANGES] Thank you, Mr. President. Members, House Bill 688, Amend Continuing Ed Requirements is on today’s calendar. I ask that it be re-calendared for Thursday the 6th. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] House Bill 641, Amend Conditional Discharge, need to remove it from today’s calendar and place it on Thursday, June 6th. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] House Bill 593, Register Deeds Hours, I ask that it be removed from today’s calendar and replaced Thursday June 6th calendar. [SPEAKER CHANGES] Without objection, so ordered. Any other reports of standing committees. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Allran, for what purpose do you rise? [SPEAKER CHANGES] To send forward a committee report. [SPEAKER CHANGES] Senator Allran you can send forward your report. The clerk will read. [SPEAKER CHANGES] Senator Allran for Judiciary 2 committee submits for passage House Bill 25, Amend Felony Breaking or Entering, favorable. House Bill 456, unfavorable as to bill, but favorable as to Senate committee substitute bill. Title, An Act Concerning Membership of Domestic Violence Review Team in Mecklenburg County and Establishing A Domestic Violence Review Team in Pitt County and Alamance County. House Bill 24, unfavorable as to committee substitute bill, but favorable as to Senate committee substitute bill entitled An Act to Provide that All Correctional Facilities and Juvenile Facilities in this State Shall Comply with the Provisions of the Federal Prison Rape Elimination Act Prea. House Bill 585, Pre-compliance, unfavorable as to committee substitute number one, but favorable as to Senate committee substitute bill. [SPEAKER CHANGES] House Bills 25, 456, 24, 585, calendar. Senator Goolsby, for what purpose do you rise? [SPEAKER CHANGES] Thank you, Mr. President. To submit two committee reports. [SPEAKER CHANGES] Senator, you can send forward your reports. The clerk will read.

[SPEAKER CHANGES] Senator Goolsby for Judiciary One Committee's submits for passage. House Bill 125, public agency computer code not public record. Favorable. House Bill 361 Committee substitute #1, ?? reinvestment technical correction. Favorable. House Bill 407. Committee substitute #1, trustee attorney fee for foreclosure. Clerk approval. House Bill 384, amend definitions property classified equity district. Favorable. [SPEAKER CHANGES] House Bills 125, 361, 407, and 384 calendar. Senator Davis, for what purpose do you rise? [SPEAKER CHANGES] Send forth Committee Report. [SPEAKER CHANGES] Senator Davis you can send forward your report. [SPEAKER CHANGES] Thank you Mr. President. [SPEAKER CHANGES] Senator Allran, if you'll turn your microphone off please. Thank you sir. [SPEAKER CHANGES] Senator Davis for the State and Local Government Committee submits the passage of House Bill 143, ?? Payment in Lieu of Taxes, favorable. House Bill 412, ?? Annexation Agreement, also favorable. [SPEAKER CHANGES] House Bill 143 and 412 Finance. Ratification of bills. Clerk will read. [SPEAKER CHANGES] Enrolled Bills. Enrolling Clerk reports the following bills duly ratified for presentation to the Governor. House Bill 10, an act to remove the restrictions on the Turnpike Authority's selection of a corridor or location for the southeast extension project of NC 540. The following bills duly ratified, properly enrolled and presented to the Office of the Secretary of State. Senate Bill 269, an act removing certain ??? county home parcels in the vicinity of the Rowland County Airport from the corporate limits of the City of Salzbury. House Bill 545, an act to modify the Henderson County occupancy tax. House Bill 671, an act removing certain described property from the corporate limits of the town of Mills River. [SPEAKER CHANGES] Message from the House. The Clerk will read. [SPEAKER CHANGES] Message from the House. Mr. President has ordered that the message be sent to the honorable body with the information that the House has adopted the report of the conferees on the House Bill 10 Conference Report, a bill to be entitled an act to remove the restrictions on the Turnpike Authority's selection of a corridor location for the southeast extension project of North Carolina 540. The appropriate actions to be taken by both Chambers. The bill will be ordered enrolled. Respectfully, Denise Weeks, Principal Clerk. [SPEAKER CHANGES] Senators can be ??? into the calendar today. Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Mr. President, the first two bills are local bills. Can we vote them separately though, please? [SPEAKER CHANGES] No objection. So ordered. Two local bills, House Bill 252. Clerk will read. [SPEAKER CHANGES] House Bill 252 Asheville Transfers. [SPEAKER CHANGES] Is there any discussion or debate. Hearing none, the question before the Senate is the passage of Committee substitute House bill 252 on a second reading. All in favor will say aye, opposed no. The ayes have it. Committee substitute House bill 252 passes a second reading without objection, to be read a third time. [SPEAKER CHANGES] North Carolina General Assembly Enacts. [SPEAKER CHANGES] Any discussion or debate. Hearing none the question before the Senate is the passage of Committee substitute to House Bill 252 on its third reading. All in favor will say aye. Opposed no. The ayes have it. Committee substitute to House Bill 252 passes its third reading and will be enrolled. House Bill 517. The Clerk will read. [SPEAKER CHANGES] House Bill 517, Rockingham ??? Spotlighting [SPEAKER CHANGES] Any discussion or debate. Hearing none, the question before the body is the passage of House Bill 517 on its second reading. All in favor will say aye, opposed no. The ayes have it. House Bill 517 passes its second reading. Without objection to be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Any discussion or debate. Hearing none the question before the Senate is the passage of House Bill 517 on its third reading. All in favor will say aye, opposed no. The ayes have it. House Bill 517 passes

[Speaker changes.]...this is its third reading, it will be enrolled. And move right on to public bills. House Bill 32, Clerk will read. [Speaker changes.] House Bill 32, increase year's allowance. [Speaker changes.] Senator Randleman is recognized to explain the bill. [Speaker changes.] Thank you, Mister President. Ladies and gentlemen, all states have some statutory provision for the support and maintenance of decedant's spouse and minor children during the administration of an estate. North Carolina calls these payments for support and maintenance, the year's allowance. House Bill 312 will increase the allowance for the surviving spouse from the personal property of a deceased spouse from 20,000 to 30,000 and will make conforming changes. I ask for your support. [Speaker changes.] Any discussion or debate? Hearing none. The question before the Senate is the passage of House Bill 32 on its second reading. All in favor will vote aye. Opposed will vote no. Five seconds will be allowed for the voting. Clerk will record the vote. 47 having voted in the affirmative and zero in the negative, House Bill 32 passes its second reading. Without objection to be read a third time. [Speaker changes.] North Carolina General Assembly enacts. [Speaker changes.] Any discussion or debate? Hearing none. The question before the Senate is the passage of House Bill 32 on its third reading. All in favor will say aye.(Ayes.) Opposed no. The ayes have it. House Bill 32 passes its third reading, will be enrolled and sent to the Governor. House Bill 88. Clerk will read. [Speaker changes.] House Bill 88, liens, agents, technical corrections. [Speaker changes.] Senator Goolsby is recognized to explain the bill. [Speaker changes.] Thank you, Mister President. This bill makes technical corrections to the laws dealing with lien agents. It's very exciting. Senator Randleman actually presented the original draft of ???? in Senate Bill 45. I'd appreciate your support and I would attempt to answer any questions. [Speaker changes.] Mister President? [Speaker changes.] Senator Brunstetter, for what purpose do you rise? [Speaker changes.] Send forward an amendment that Senator Goolsby's unaware of. [Speaker changes.] Senator, you can send forward your amendment. Clerk will read. [Speaker changes.] Senator Brunstetter moves to amend the bill. [Speaker changes.] Senator Brunstetter is recognized to explain the amendment. [Speaker changes.] I...and, Senator Goolsby, I apologize, you and I got our signals crossed here but this is just a technical amendment requested by the bill's sponsor to make it clear that the effective date is three days after this bill becomes law. [Speaker changes.] Senator Goolsby, for what purpose do you rise? [Speaker changes.] No opposition to that. This is a House Bill. I was just asked to run it. [Speaker changes.] Thank you, Senator. Any discussion or debate? Hearing none. The question before the Senate is the passage of Amendment One. All in favor will vote aye. Opposed will vote no. Five seconds will be allowed for the voting. Clerk will record the vote. 47 having voted in the affirmative and zero in the negative. Amendment One is a adopted. The bill as amended is back before the body. Is there any discussion or debate? Hearing none. The question before the Senate is the passage of the Senate Committee Substitute to House Bill 88 as amended on its second reading. All in favor will vote aye. Opposed will vote no. Five seconds will be allowed for the voting. Clerk will record the vote. 47 having voted in the affirmative and zero in the negative, Senate Committee Substitute to House Bill 88 passes its second reading. Without objection to be read a third time. [Speaker changes.] North Carolina General Assembly enacts. [Speaker changes.] Any discussion or debate? Hearing none. The question before the Senate is the passage of the Senate Committee Substitute to House Bill 88 as amended on its third reading. All in favor will say aye. (Ayes.) Opposed will say no. The ayes have it. Senate Committee Substitute to House Bill 88, as amended, passes its third reading. It will be sent to the House for concurrence of the Senate Committee Substitute...ah...the amendment will be engrossed and sent to the House for concurrence. [Speaker changes.] House Bill 114, Clerk'll read. [Speaker changes.] House Bill 114, no social security number required, absolute divorce. [Speaker changes.] Senator Daniel is recognized to explain the bill. [Speaker changes.] Thank you, Mister President...Members of the Senate, this is a simple bill that just basically says that social security numbers won't be included in family law cases to protect the privacy of parents and children. Asked for your support. [Speaker changes.] Any discussion or debate? Hearing none. The question before the Senate is the passage of Senate Committee Substitute for House Bill 114 on its second reading. All in favor will vote aye. Opposed will vote no. Five seconds will be allowed for the voting and Clerk will record the vote. [Speaker changes.] Bryant, aye. Tillman, aye. 47 having voted in the affirmative and 0 in the negative, Senate Committee Substitute for House Bill 114 passes its second reading without objection and will be read a third time. [Speaker changes.] North Carolina ....

North Carolina General Assembly enacts. [SPEAKER CHANGES] Any discussion or debate? Hearing none the question before the Senate is the passage of the Committee substitute to House Bill 114 on its third reading. All in favor will say, “Aye.” [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed, “No.” The ayes have it. Committee substitute to House Bill 114 passes its third reading. It will be enrolled and sent to the Governor. House Bill 142. Clerk will read. [SPEAKER CHANGES] House Bill 142, “Provide Access to Campus Police Records.” [SPEAKER CHANGES] Senator Allran is recognized to explain the bill. [SPEAKER CHANGES] Thank you, Mr. President. This bill pertains to the records of criminal investigations conducted by private school campus police. This bill provides that the campus police records of private colleges and universities are public records to the same extent that they are in state schools. The private colleges and universities support this legislation, in fact they’ve asked for it and I know of no opposition. [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 142 on its second reading. All in favor will vote, “Aye.” Opposed will vote, “No.” Five seconds will be allowed for the voting. Clerk will record the vote. 47 having voted in the affirmative and zero in the negative, Committee substitute to House Bill 142 passes its second reading without objection, to 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 Committee substitute to House Bill 142 on its third reading. All in favor will say, “Aye.” [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed, “No.” The ayes have it. Committee substitute to House Bill 142 passes its third reading and will be enrolled and sent to the Governor. House Bill 276. Clerk will read. [SPEAKER CHANGES] House Bill 276, “Zoning/Board of Adjustment Changes.” [SPEAKER CHANGES] Senator Barringer is recognized to explain the bill. [SPEAKER CHANGES] Actually I’d like to bring forth an amendment. [SPEAKER CHANGES] Senator, you can send forward your amendment. Do we have a copy of the amendment? Senator Barringer could you come up to the dais please to assign the amendment and then we’ll get it scanned in? Clerk will read. [SPEAKER CHANGES] Senator Barringer moves to amend the bill. [SPEAKER CHANGES] Senator Barringer is recognized to explain the amendment. [SPEAKER CHANGES] I thank you, Mr. President. Now that we’re back on track this amendment will give counties and municipalities an opportunity between October 1st, 2013 and June 30th of 2015 to continue to follow local modifications to G.S. 153A-345 in the context of this new statute. It will give them an opportunity to get used to and see if there’s a problem with this particular bill specific to their municipality or county. The bill sponsors and the Bar Association have no objections to this amendment and I ask for your support. [SPEAKER CHANGES] Is there any discussion or debate? Hearing none, the question before the Senate is the passage of amendment one. All in favor vote, “Aye.” Opposed will vote, “No.” Five seconds will be allowed for the voting. Clerk will record the vote. Gunn, aye. 47 having voted in the affirmative, zero in the negative, amendment one is adopted. The bill as amended is back before the body. Senator Barringer is recognized to explain the bill. [SPEAKER CHANGES] Thank you, Mr. President. This comes to us from the North Carolina Bar Association, Zoning and Planning Land Use Section. It was circulated amongst all the sections of the bar. It passed the House unanimously and it’s been vetted by the Senate Commerce Committee. This bill modernizes the enabling legislations for boards of adjustments that were authorized back in the 1920s, so it’s well overdue. It clarifies some of the language and provides a consistent framework for boards of adjustment across the state. Again, I ask you for your support. [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 276 as amended on its second reading. All in favor will vote, “Aye.” Opposed will vote, “No.” Five seconds will be allowed for the voting and the Clerk will record the vote. Ford, aye. 47 having voted in the affirmative and zero in the negative, Senate Committee substitute to House Bill 276 as amended 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 276 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…

House Bill 276 as amended passes its third reading. The amendment will be engrossed and will be sent to the House for concurrence of the Senate committee substitute. House Bill 279. The clerk will read. [SPEAKER CHANGES] House Bill 279. Transfer environmental permits. [SPEAKER CHANGES] Senator Rabin is recognized to explain the bill. [SPEAKER CHANGES] Thank you Mr. President. What this bill does is it adds to a list of departments that can transfer permits at foreclosure or in probate, to a new owner. Currently ? permits, building permits etc. are allowed, but there’s no provision in state law to allow DENR permits to be transferred along with property. This allows those permits to go along with the property rather than staying where they are or dying. Thank you. [SPEAKER CHANGES] Is there any discussion or debate? Hearing none, the question before the Senate is the passage of Senate committee substitute to House Bill 279 on its second reading. All in favor will vote aye, all opposed will vote no. Five seconds will be allowed for the voting. The clerk will record the vote. Barringer, aye. 47 having voted in the affirmative and 0 in the negative, Senate committee substitute to House Bill 279 passes its second reading. Without objection will be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Any discussion or debate. Hearing none, the question before the Senate is the passage of Senate committee substitute to House Bill 279 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 279 passes its third reading. It will be sent to the House for concurrence in the Senate committee substitute. House Bill 301. The clerk will read. [SPEAKER CHANGES] House Bill 301. Clarifying changes/Engineering/Surveyors laws. [SPEAKER CHANGES] Senator Rabin is recognized to explain the bill. [SPEAKER CHANGES] Thank you Mr. President. The engineering law or board now requires an eight hour exam on paper is moving to paperless. This basically asks for them to be able to take this on computers and not have to sit the long writing exam, if you will. It also changes a couple of things on their character references, the number they have to get etc. And allows some changes with the people in the GIS section and the mapping section with the surveyors as they move along, the engineering society endorses that and I do also, thank you. [SPEAKER CHANGES] Is there any discussion or debate? Hearing none, the question before the Senate is the passage of committee substitute to House Bill 301 on its second reading. All in favor will vote aye, opposed will vote not. Five seconds will be allowed for the voting. The clerk will record the vote. Barringer, aye. 46 having voted in the affirmative and 1 in the negative, committee substitute to House Bill 301 passes its second reading. Without objection 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 committee substitute to House Bill 301 on its third reading. All in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed, no. The ayes have it. Committee substitute to House Bill 301 passes its third reading. It will be enrolled and sent to the governor. House Bill 317. The clerk will read. [SPEAKER CHANGES] House Bill 317. Improve education for children who are deaf. [SPEAKER CHANGES] Senator Daniel is recognized to explain the bill. [SPEAKER CHANGES] Thank you Mr. President. Members of the Senate, this is a companion bill to a bill filed by myself, Senator Newton and Senator Bryant, that passed the Senate 48 to nothing on May the 2nd. We just ask for your support. Its a bill to improve the education for children who are deaf. Thank you. [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 317 on its second reading. All in favor will vote aye, opposed will vote not. Five seconds will be allowed for the voting. The clerk will record the vote. 47 having voted in the affirmative and 0 in the negative, Senate committee substitute to House Bill 317 passes its second reading. Without objection 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 Senate committee substitute to House Bill 317 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 317 passes its third reading. It will be sent to the House for concurrence in the Senate committee substitute. House Bill 368. The clerk will read. [SPEAKER CHANGES] House Bill 368. Board of agriculture forestry/nursery appoints. [SPEAKER CHANGES] Senator Jackson is recognized to explain the bill. [SPEAKER CHANGES] Thank you Mr. President. This bill...

Bill basically provides representation to the Board of Agricultural from the Forestry and Nursery interests. There are currently 10 seats on the board, 3 are reserved for general farming operations and this will take one of those seats. This bill passed out of the House unanimously. And I appreciate your support in this ?? [SPEAKER CHANGES] Is there any discussion or debate? Hearing none, the question before the Senate is the passage of Committee Substitute to House Bill 368 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. 47 having voted in the affirmative, and 0 in the negative. House Bill 368 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 passage of Committee Substitute to House Bill 368 on its third reading. All in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Oppose no. The ayes have it. Committee Substitute to House Bill 368 passes its third reading. It will be enrolled and sent to the Governor. House Bill 383. Clerk will read. [SPEAKER CHANGES] House Bill 383 amend grand dealers licensing laws. [SPEAKER CHANGES] Senator Brock is recognized. Explain the bill. [SPEAKER CHANGES] Thank you Mr. President. This is a similar to the identical bill 386 which we passed out of here before. It’s identical bill. I’d just ask everybody’s support for it. [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 383 on its second reading. All in favor will vote aye, oppose the vote, no. Five seconds will be allowed for the voting. Clerk will record the vote. Davis, Nesbitt, aye, aye. Bryant, aye. 47 having voted in the affirmative, and 0 in the negative. Committee Substitute to House Bill 383 passes its second reading without objection to be read a third time. [SPEAKER CHANGES] North Carolina General Assembly Acts. [SPEAKER CHANGES] Any discussion or debate? Hearing none, the question before the Senate is the passage of Committee Substitute to House Bill 383 on its third reading. Al in favor will say aye., [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Oppose, no. The ayes have it. Committee Substitute to House Bill 383 passes its third reading. It will be enrolled and sent to the Governor. House Bill 410. Clerk will read. [SPEAKER CHANGES] House Bill 410 cancelled titles of manufactured homes. [SPEAKER CHANGES] Senator Daniels recognized to explain the bill. [SPEAKER CHANGES] Thank you, Mr. President, members of the Senate. This is a, this bill is designed to, I guess fix marketability problems with real estate on which there’s a mobile home located that still has a title that’s been issued but the title has been lost or the owner of the title can’t be found, and so it just creates sort of a structured system where the owner of the real estate can have the title cancelled and make the property marketable I ask for your support. [SPEAKER CHANGES] Is there any discussion or debate? Hearing none, the question before the Senate is the passage of Committee Substitute Number 2 to House Bill 410 on its second reading. All in favor will vote aye, opposed the vote, no Five seconds will be allowed for the voting, clerk will record the vote. 47 having voted in the affirmative and 0 in the negative, Committee Substitute Number 2 to House Bill 410 passes in 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 Committee Substitute Number 2 to House Bill 410 on its third reading. All in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Oppose, no. The ayes have it. Committee Substitute Number 2 to House Bill 410 passes its third reading. It will be enrolled and sent to the Governor. House Bill 532 the clerk will read. [SPEAKER CHANGES] House Bill 532 No drinking in EMS and Law Enforcement Vehicles. [SPEAKER CHANGES] Senator Randleman is recognized to explain the bill. . [SPEAKER CHANGES] Thank you, Mr. President. House Bill 532 makes it unlawful for a person to operate an ambulance or other emergency vehicle, a fire-fighting vehicle or a law-enforcement vehicle while consuming alcohol. Or while any alcohol remains in the person body. The provision does not apply to law enforcement officer acting within the scope and course of his official duties. In other words, they’re working under cover. The bill passed out of the House unanimously and I’d appreciate your support. [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Will Senator Randleman yield for a question? [SPEAKER CHANGES] Senator Randleman do you yield? [SPEAKER CHANGES] I will. [SPEAKER CHANGES] Is this a local Wilkes County bill? [SPEAKER CHANGES] Well, forty years ago it may have been. [SPEAKER CHANGES] Senator Nesbitt for what purpose do you rise? [SPEAKER CHANGES] Speak on the bill. [SPEAKER CHANGES] Senator Nesbitt has the floor to speak of the bill. [SPEAKER CHANGES] This looks like a good Republican bill and I hadn’t seen one in a while. So I think we all need to celebrate and go for it. [SPEAKER CHANGES] Senator Tillman, for what purpose do you rise? [SPEAKER CHANGES] To ask Senator Randleman a question. [SPEAKER CHANGES] Senator Randleman, do you yield?

[Speaker Change] Yes sir. [Speaker Change] I’m a little perplexed. We've been hearing about activities in patrol cars for the last two three years. I’m sure it’s gone on for hundred two years. Does this Bill only apply to drinking? [Speaker Change] Well the way the Bill is written, yes sir. It is alcohol content in the body. [Speaker Change] It would be a little late in the amendment because this is the final show on this Bill. I’m not objecting to third reading. We’ll cover that later. [Speaker Change] Is there any further discussion or debate? Senator [??], what person do you arise. [Speaker Change] I would like to ask, I believe it’s a serious question. [Speaker Change] Senator Randleman, do you wield? [Speaker Change] I will yes sir. [Speaker Change] I know that, that some medications have alcoholic content and I remember from a long time ago when we debated some of the DWI laws. If in fact somebody’s cough syrup or something else that just has a small amount alcoholic content, is there now safe harbor for people who might get, because if they have an accident the first thing that would happen is they would be tested. And if they show up point o one or some number that clearly has no negative effect, does not impair one’s ability, technically they would be in violation statue as it is. Did you talk about, or in the House, did they talk about any safe harbor for somebody who has a legitimate reason for having some alcohol that really does not impair them or affect them in any other way? [Speaker Change] Thank you for the question and my opinion the department would consider those facts before they consider whether the person was preforming their duties under the influence of alcohol or not. There are some pending cases already where people had been operating but there were other circumstances that brought the issue forward. [Speaker Change] Is there any further discussion or debate? Hearing none, the question for the Senate is the passage of Committee Substitute to House Bill five thirty two on its second reading. All in favor vote aye. Oppose the vote no. Five seconds will be allowed for the voting and the clerk will record the vote. Forty seven having voted for the affirmative and zero in the negative. Committee Substitute to House Bill five thirty two passes its second reading without objections. Be read a third time. [Speaker Change] North Carolina General Assembly enacts. [Speaker Change] Any discussion or debate? Hearing none, question before the Senate is the passage of Committee Substitute to House Bill five thirty two on its third reading. All in favor will say aye. Opposed no. The ayes have it. The Committee Substitute to House Bill five thirty two passes its third reading. It will be enrolled and sent to the Governor. House Bill seven ten. I’m sorry, House Bill six eighty seven. The clerk will read. [Speaker Change] House Bill six eighty seven. Homeless shelter removes age limits. [Speaker Change] Senator Wade is recognized to explain the Bill. [Speaker Change] Thank you Mr. President. This Bill is really an amendment to the building code to allow children, under eighteen, to remain with their parents in temporary emergency shelters. I know of no opposition to this Bill. I would appreciate your support. [Speaker Change] Is there any discussion or debate? Hearing none, the question before the Senate is the passage of the Committee Substitute to House Bill six eighty seven on the 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. Forty seven having voted in the affirmative and zero in the negative. Committee Substitute to House Bill six eighty seven passes its second reading without objection. It will be read a third time. [Speaker Change] North Carolina General Assembly enacts. [Speaker Change] Any discussion or debate? Hearing none, the question before the Senate is the passage of the Committee Substitute to House Bill six eighty seven on its second reading. All in favor will vote aye. Opposed will vote no. Five seconds will be allowed for the reading. The clerk will record the vote. Forty seven having voted in the affirmative and zero in the negative. Committee Substitute to House Bill six eighty seven passes its second reading without objection. Be read a third time. [Speaker Change] North Carolina General Assembly enacts. [Speaker Change] Any discussion or debate? Hearing none, the question before the Senate is the passage of the Committee Substitute to House Bill six eight seven on its third reading. All in favor will say aye. Opposed no. The ayes have it. Committee Substitute to House Bill six eight seven passes its third reading. It will be enrolled and sent to the Governor. House Bill seven ten. The clerk will read. [Speaker Change] House Bill seven ten. Water or utility recovery. [Speaker Change] Senator Newton is recognized to explain the Bill. [Speaker Change] Thank you Mr. President. Apologize for Senator Goldsss distraction. This is a fairly simple Bill. It passed unanimously through the House. It is a Bill that allows for public water companies to be able to pass on the cost that they receive from, from third parties. For example, if the company gets a rate increase on the municipality where it gets its water it can pass it on without bringing a rate case. The public staff of the Utilities Commission fully supports it and I know of no opposition to the Bill. I’ll try to answer any questions. [Speaker Change] Is there any discussion or debate? Hearing none.

this was last resulted hospital seven than on a second reading of a remote. I was about note five seconds a lap of voting for records about forty seven. having an affirmative and zero in the negative results of households seven ten at second reading without objection during their time. I know Jim enacts a discussion about non-partisan concern is that new substitute House Bill seven ten on third reading on able say hi. I'll is no. the eyes have it. please substitute House Bill seven ten passes third reading and will been rolled and since the governor else. they are great hospital seven eighty eight, water, sewer authority rate flexibility centre Goolsby 's recognize explained the president. this is shown in some of the St. Lawrence River resource sturgeon protection programs that storage sorry professional doesn't want for a superficial storage proposal sought in North Carolina. we have to work on cyber intrusion which was set up programs right now. this enabling legislation so we can have our authorities work together connection to the store were not that set( true once that occurs, we actually have ruined the aquifers and procedures for contravention questions [SPEAKER CHANGES] to discuss or debate your non- reservoirs. it is not a substitute household seven eighty eight on a second reading on favourable" no five seconds bailout for the Betan court record about forty seven, having that an affirmative zero in the negative committee substitute household seven eighty eight as a second-rate objection in record time. now examine asked to discuss or debate.you're not him as fast as associate House Bill seven eighty eight on third reading on favourable say hi. I was known the eyes have it, Ms. of student to House Bill seventy eight passes third reading it will be enrolled since the governor house built in eighteen thirteen the foregoing and thirteen band synthetic cannabis Sundar Curtis recognizes Pineville [SPEAKER CHANGES] Thanks Mr. present. this is non-controversial bill that passed unanimously in the house. it basically expands the definition of synthetic marijuana synthetic marijuana was criminalized in two thousand eleven chemist were able to make a slight change in the chemical formula so the two thousand eleven law did not apply for this, especially says all types of synthetic marijuana or illegal discussion or debate. this presents a underground foreclosure eyes distinguish legitimate centre Brontosaurus Bigelow, I've centre current process finally killed the sample only two years ago we pass this bill is a moving target. so hopefully this bill will finally think it won't be. we've been try to accomplish a further discussion very. your non- question for the Senate is the process of committee substitute House Bill eight thirteen on a second reading all the paperwork." no five seconds about important or that Kingbird neared, I loop our forty seven having an affirmative zero they may substitute houseful eight thirteen passes a greater subject of Roberta, I find a human act. your discussion of a hearing on reservoirs that is the best place of student health oh eight, thirteen. August third rating on tables. they are proposing no, it automatically substitute Housefly, thirteen passes we all know her I was reading more green than I anyway see. may God credit transfer cylinder. Tillman is recognized to explain the bill. I just present this is something to align the articulation point American colleges and universities that they will accept the cash programs uniform. I leave that alone problem in doing that in this family will love that process that's all it is a discussion of a hearing on question was not as fast as they subject out, oh nine oh three on a second reading on paper, but I was about note bisected the Latin voting record with forty seven, having that in the

…negative. Committee substitute to House Bill 903 passes a 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 for the Senate is the passage of the Committee substitute to House Bill 903 on its third reading. All in favor will say, “Aye.” [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed, “No.” The ayes have it. Committee substitute to House Bill 903 passes its third reading. It will be enrolled and sent to the Governor. Senator Apodaca for what purpose do you rise? [SPEAKER CHANGES] A motion, Mr. President, please. [SPEAKER CHANGES] Senator Apodaca has the floor for a motion. [SPEAKER CHANGES] Thank you Mr. President, members. House Bill 479, “Amend Electrolysis Practice,” is currently in the Committee on Health Care. I move that it be removed from Health Care and be re-referred to the Committee on Rules. [SPEAKER CHANGES] Without objection, so ordered. Senators that concludes our calendar for the day. Do we have any notices or announcements? Senator Kinnaird, for what purpose do you rise? [SPEAKER CHANGES] A point of personal privilege, please. [SPEAKER CHANGES] Senator Kinnaird has the floor for a point of personal privilege. [SPEAKER CHANGES] Thank you. I am proud to highlight an outstanding UNC student athlete who was named the first Sports Illustrated Female College Athlete of the Year. In her freshman year, North Carolina’s Loren Shealy became the school’s first student athlete to be named a Robertson Scholar. The next year she was the second leading scorer in the 2012 NCAA Tournament runner-up field hockey team. But her most recent accomplishment, Sports Illustrated Female College Athlete of the Year might be one of her most impressive. Early in the spring Sports Illustrated Executive Director and a group of his colleagues began a search for the perfect college athlete, one who embodied both the best qualities of academics and athletics. By the end of their search, they found Shealy, “We were looking for somebody that really had that balance. We saw that Loren demonstrated the best of both worlds. She seemed to excel in everything she did.” We are very proud of Loren Shealy. Thank you. [SPEAKER CHANGES] Thank you, Senator. Any other notices or announcements? [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Brunstetter, for what purpose do you rise? [SPEAKER CHANGES] Announcement, please. [SPEAKER CHANGES] Senator Brunstetter has the floor for an announcement. [SPEAKER CHANGES] Members of the Appropriations Based Budget Committee we will have a meeting tomorrow morning. It was going to be at eight-thirty, that’s the notice you got, but we are now going to move it to nine o’clock so that we can accommodate a House Meeting from eight to nine in the same room. So, nine o’clock, room 643, House Bill 60, “Transfer of Indian Cultural Center Property,”House Bill 157, “Limit Use of Highway fund Credit Balance,” and House Bill 892, “No fiscal Note for Rule Repeal.” [SPEAKER CHANGES] Senator Wade, for what purpose do you rise? [SPEAKER CHANGES] Point of personal privilege. [SPEAKER CHANGES] Senator Wade has the floor for a point of personal privilege. [SPEAKER CHANGES] I’d like to send forth the Senatorial Statement, please. [SPEAKER CHANGES] You can send forward your statement, Senator. [SPEAKER CHANGES] And I’d like to speak on that statement, please. [SPEAKER CHANGES] You have the floor. You have the floor, Senator Wade. [SPEAKER CHANGES] This is a Senatorial Statement honoring the life of Dr. Richard Malcolm Fields. Dr. Fields was a dentist in Pleasant Garden for 43 years. He also served on the Guilford County Board of Health for 15 years and he also led the efforts to incorporate Pleasant Garden and served as the first Mayor Pro Tem. I would like for us to adjourn today in the memory of Dr. Richard Malcolm Fields. Thank you. [SPEAKER CHANGES] Senator Nesbitt, for what purpose do you rise? [SPEAKER CHANGES] Thank you, Mr. President. A moment of personal privilege. [SPEAKER CHANGES] Senator Nesbitt, you have the floor for a moment of personal privilege. [SPEAKER CHANGES] Thank you, Mr. President and for the Members of the House, when I first came upon this I thought it was a Democrat problem, but the more I look at it I think it’s a problem that we all have. As you know, House Bill 4 passed in February regarding how we would deal with jobless benefits in the future and it goes into effect on July the 1st. I’m sure we’re all trying to deal with that in a different way because there are going to be 70,000 people who will lose their benefits. The remainder of them will have their benefits potentially cut substantially and we’ve all got to explain that to the people affected. Then we discovered, I discovered today, that on Monday, all of our LAs were invited to a meeting by the Administration who passed out talking points on how to explain what they had done. Now, it’s fine for somebody to send me talking points. It’s fine for somebody to come in and sit down with me and talk about talking points.

It's not fine for them to have my LA requested to go to a meeting, informative meeting where they are given talking points and told how they should respond. Those LAs are your employees. I don't have any right to tell yours what to do, nobody's got any right to tell mine what to do. And when you look at the talking points and this was done by Bill Falwell who, I thinks in charge of something over there, two pages and it tells us all these things we're supposed to tell them. And for the Democrats, I would've added on there Senator Berger's number and Speaker Tellis' number and the governor's number and said call them, they're the ones that did this, we didn't vote for it. And we'll be added that to our seat, by the way, our LAs. But I thought I need to bring this to your attention, I never seen this here in all the time I've been here, where you can imagine if this had been a lobbyist who had done this and in my opinion in this case it's no different that a lobbyist doing it. It's somebody in the administration pushing their agenda and wanting us to explain it for them and instead of talking to the members who are the ones who do the explaining, they call your LA to one side and whisper in their ear and I think somebody needs to put a stop to it and I thought I'd bring it up. You might not be as sensitive to it now as we are, but you oughta be. [SPEAKER CHANGES] Is there any further business to come for the senate. Now the chair recognizes Senator Berger for a motion. [SPEAKER CHANGES] Thank you Mr. President, I move that the senate do now adjourn in honor of Dr. Richard Malcolm Fields. Subject to receipt of messages from the House and the governor, the receipt and rereferral of committee reports and the referral and rereferral of bills and resolutions to reconvene on Wednesday, June 5th of 2013 at 2pm. [SPEAKER CHANGES] The motion is that the Senate do now adjourn subject to the stipulations stated by Senator Berger to reconvene Wednesday, June 5th at 2 pm seconded by Senator Pate, all in favor will say aye [SPEAKER CHANGES] Aye [SPEAKER CHANGES] Oppose No, the Ayes have it, the senate stands adjourned.