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Senate | June 5, 2013 | Chamber | Session

Full MP3 Audio File

[SOUND] 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 Reverend Peter Milner, Senate chaplain. All members and guests in the gallery will please stand. [SPEAKER CHANGES] Please bow your heads with me and pray. Lord, you are a fortress. Not just for one but for a people. Our thoughts are often singular, but you’re a God that’s revealed himself in community. Lord, you’re the only thing that can buffer us and so we before you down here today reaffirm our dependence upon you, as expressed best by the authors of this state constitution, written back in 1789. It was these writers that suggested that we are a people that must be thankful to almighty God. It was these writers that said that we must acknowledge our dependence upon Thee, for the continuance of these blessings. Let us put our hope in you, the mighty fortress that is our God, as we continue to be your people of this great state. And it’s in Christ’s name we pray, Amen. [SPEAKER CHANGES] Senator Berger is recognized for a motion. [SPEAKER CHANGES] Thank you Mr. President. The journal of Tuesday June 4, 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 4 stands approved as written. Senators, we have leaves of absence today for Senators Allran, Woodard and Rucho. We do have a nurse of the day with us today. Our nurse is Rachel Chadeaux of Grandy North Carolina. Rachel please stand and be recognized. Thank you for your service to the Senate. [APPLAUSE] On the motion of Senator Trudy Wade of Guilford County, the Chair is happy to extend courtesies of the gallery to Rajid Shakaan, a Greensboro city attorney and Tom Carruthers, Greensboro associate general council. If you’re with us today please stand to be recognized. [APPLAUSE] Upon the motion of Senator Bill Cooke of Beaufort County, the Chair is happy to extend courtesies of the gallery to Jackie VanEssendelf and Hannah VanEssendelf and Susie Rollins of the North Carolina chapter of the concerned women for America. If you’re with us, please stand and be recognized. [APPLAUSE] On the motion of Senator Kathy Harrington of Gaston County, the Chair is happy to extend courtesies of the gallery to Gastonia city councilman Jim Gallagher and Charmaine Gallagher of concerned women of America. Jim and Charmaine, please stand. [APPLAUSE] Ratification of bills. Clerk will read. [SPEAKER CHANGES] Enrolled bills. Enrolling clerk reports the following bills duly ratified for presentation to the Governor. Senate Bill 129 an act to prohibit issuance of debt under the state capital facility finance act. Senate Bill 210 an act to provide for the department of chief magistrates. Senate Bill 252 an act to increase the criminal penalty for certain violation of controlled substance act. Senate Bill 279 an act to update and clarify provisions of the law governing the state’s trust guarding ships power of attorney and other fiduciary. House Bill 32 an act to increase the amount of the years alliance for surviving spouse. House Bill 114 an act to no longer require complaint or judgment for absolute divorce contain social security number of a party. House Bill 142 an act to provide public access to certain information maintained by campus police agencies, facilitated private non-profit institution of higher education. House Bill 301 an act to make clarifying changes to the law regulating engineers and ?? to waive examination requirements for GIS practitioners with certain experience until July 1 2014. House Bill 368 an act to provide representation of forestry and nursery interests on the board of agriculture. House Bill

83, an act to amend the grain dealer's licensing act, to increase the bonding amount that must accompany license applications, specify additional grounds for license refusal revocation. House Bill 14, an act to allow the division of motor vehicles to cancel certificate of ?? to a ?? home when the person requests the cancellation does not have the ?? of title. House Bill 532, and act to make it a crime to operate an Ambulance, EMS vehicle, Fire Fighting vehicle, or Law Enforcement vehicle upon any highway, street, or public vehicular area within the state while consuming alcohol or while alcohol remains in the person's body. House Bill 687, an act to require the building code council to amend the North Carolina building code to allow occupancy 118 in temporary overflow emergency shelters for homeless. House Bill 17, an act to permit water utilities to adjust rates to changes in costs based on third party rates, and to authorize the utilities commission to approve a rate adjustment mechanism for water and sewer utilities to recover costs of water and sewer system improvement. House Bill 788, an act to amend the statute governing the power that water and sewer authorities to allow the authorities to set rates at water resources storage or protection programs. House Bill 813, an act to make the manufacturer, possession, sale, use, and delivery of synthetic cannabinoids unlawful. House Bill 903, an act to require all constituent institutions of the University of North Carolina to fully adhere to the comprehensive articulation agreement with the North Carolina Community College system regarding a transfer of courses and academic credits between the two systems in admission of transfer students to direct the University of North Carolina and North Carolina Community College system to report biannually regarding the agreement to the joint legislative education oversight committee. The following bills, duly ratified, properly enrolled, and submitted to the office of Secretary of State. Senate Bill 258, an act amending the charter of the city of Asheboro. House Bill 252, an act that provides funding for planned streets and sidewalk improvements in the city of Ashfield for the 2012, 2013 fiscal year, and to repeal SL2009-14. House Bill 517, an act to regulate hunting without official license in Rockingham County. [] Reports of Standing Committees. Senator Rabon for what purpose do you rise? [] To send forth a committee report. [] Senator, you can send forth your committee report. Clerk will read. [] Senator Rabon for the finance committee submits for passing. House Bill 200, committee substitute number 1 requires certain general reappraisals. Favorable. [] House Bill 200 calendared. [] Mr. President. [] Senator Brunstetter, for what purpose do you rise? [] To send forward a committee report. [] Senator Brunstetter, you can send forward your committee report. Clerk will read. [] Senator Brunstetter for the appropriation and base budget committee submits for passage House Bill 60. Senate committee substitute number 1, transfer of Indian cultural center property, favorable. House Bill 157, Committee substitute number 1, limit use of highway fund credit balance, favorable. House Bill 892, committee substitute number 1, no fiscal note for rule repeal, favorable. [] House Bills 60, 157, and 892 calendared. Senator Hise, for what purpose do you rise? [] To send forth a committee report. [] Senator Hise, you can send forward your committee report. Clerk will read. [] Senator Hise for the healthcare committed submits for passage. House Bill 543, committee substitute number 1, unfavorable as to committee substitute number bill number 1, but favorable as to senate committee substitute bill titled an act addressing permissible guardianship roles for corporations and individuals that provide mental health, developmental disabilities, or substance abuse services. [] House Bill 543 J1. Senator Davis, for what purpose do you rise? [] To send forth a committee report. [] Senator Davis, you can send forward your committee report. [] Thank you, Mr. President. [] Clerk will read [] Senator Davis for the state and local government committee submits for passage. House Bill 421, marks the bill the annexation unfavorable as to bill but favorable as to senate

Committee Substitute bill. House Bill 526. ?? Volunteer Annexation. Unfavorable as to bill, unfavorable as to Senate Committee Substitute bill. House Bill 567. Lumberton deannexation. Unfavorable as to bill, unfavorable as to Senate Committee Substitute bill. House Bill 261 Committee Substitute #1. Cannapolis deannexation unfavorable as to Committee Substitute bill #1. Unfavorable as to Senate Committee Substitute bill. [SPEAKER CHANGES] House Bills 421,526,567,261 finance. Senator Daniel for what purpose do you rise? [SPEAKER CHANGES] Send forth the committee report. [SPEAKER CHANGES] Senator you can send forth your committee report. Clerk will read. [SPEAKER CHANGES] Senator Daniels of Transportation Committee submits for passing House Bill 211, weight limits animal feed trucks, favorable. House Bill 623, Committee Substitute #1 modify weight limits for ?? trucks, favorable. House Bill 684 Committee Substitute #1 increase driveway safety on curvy roads, favorable. House Bill 727, Committee Substitute #1 alternate procedure for obtaining a salvage title, favorable. [SPEAKER CHANGES] House Bill 211, 623, 684, 727 calendar. Senator Hartsell for what purpose do you rise? [SPEAKER CHANGES] To send forward a conference committee report Mr. President. [SPEAKER CHANGES] You can send forth your report Senator. Clerk will read. [SPEAKER CHANGES] Conference Committee report to President out of The Senate. Speaker of The House of Representatives ?? resolve the differences between The Senate and The House of Representative on Senate Bill 36. A bill to be entitled An Act To Make Certain Technical, Clarifying And Conforming Changes Through The Administrative Procedure Act As Recommended By The Joint Legislative Administrative Procedure Oversight Committee. House Committee, third edition ?? street, ?? submit the following reports. [SPEAKER CHANGES] Senator Apodaca for what purpose do you rise? [SPEAKER CHANGES] Mr. President first I'd like to send forth committee report. [SPEAKER CHANGES] You can send forward your committee report Senator. Clerk will read. [SPEAKER CHANGES] Senator Apodaca for The Insurance Committee. Submits the passage of House Bill 473. Committee Substitute #3. North Carolina captive insurance act. unfavorable as to committee substitute bill #3. But favorable as to Senate Committee Substitute bill. [SPEAKER CHANGES] House Bill 473 calendar. Senator Apodaca for what purpose do you rise? [SPEAKER CHANGES] Mr. President, few motions if we might. [SPEAKER CHANGES] Senator Apodaca you have the floor for your motions. [SPEAKER CHANGES] Thank you Mr. President. Mr. President the bill just read in by the reading clerk, House Bill 473 North Carolina captive insurance companies, ask that it be put on the end of today's calendar. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] Thank you Mr. President. Earlier House Bill 200 reappraisal bill for Mecklenburg County was sent forth by the Finance Committee. Ask that it be placed on today's calendar since it's a two day bill. [SPEAKER CHANGES] Was that 200 sir? [SPEAKER CHANGES] Yes sir. House Bill 200. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] Thank you Mr. President. Mr. President all other bills read in and reported in today, I move that they be placed on Tuesday, June 11th's calendar. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] Thank you Mr. President. Couple more if I might. House Bill 834 Modern State Human Resources Management is currently in the Committee on Program Evaluation. Move that it be removed from there and be re-referred to Committee on Pensions. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] House Bill 305, Chapel Hill Economic Development Projects, currently in the Committee on Rules, ask that it be removed and re-referred to Committee on State and Local Government. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] Thank you Mr. President. Two motions relative to today's calendar. House Bill 593 Registered ?? Hours. Ask that it be removed from today's calendar, excuse me, its on tomorrow's calendar, pardon me. And ask that it be removed from tomorrow's calendar and placed on Wednesday, June the 12th's calendar. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] Thank you Mr. President. House Bill 585 PREA compliance is on today's calendar. Ask that it be removed and be re-referred to Committee on Appropriations. [SPEAKER CHANGES] Without objection, so ordered.

Senators, we'll move right in to the calendar for the day. We'll be starting with local bills. Second reading, House Bill 456, the clerk will read. [SPEAKER CHANGES] House Bill 456, Domestic Violence Fatality Review Team/Mecklenburg County. [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 456 on its second reading. All in favor will say aye. Opposed no. The aye's have it. Senate Committee Substitute to House Bill 456 passes its second reading, without objection 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 456 on its third reading. All in favor will say aye. Opposed no. The aye's have it. Senate Committee Substitute to House Bill 456 passes its third reading. It will sent to the House for concurrence in the Senate Committee Substitute. Moving on to public boles[?], second reading, House Bill 24, the clerk will read. [SPEAKER CHANGES] House Bill 24, DV Abuser Treatment Programs Amendments. [SPEAKER CHANGES] Senator Daniel is recognized to explain the bill. [SPEAKER CHANGES] Thank you, Mr. President, members of the Senate. This bill was recommended by the Domestic Violence Commission and the North Carolina Bar Association and basically what it does is just creates a better system for tracking whether domestic violence abusers who are ordered to go to a treatment program actually show up and comply with the program and actually pass the program and it gives the court a better way to track their progress. I ask 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 24 on its 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. Jenkins, aye, 47 having voted in affirmative and zero in the negative. Senate Committee Substitute to House Bill 24 passes its second reading, without objection will be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, the question before the Senate is the passage of the Senate Committee Substitute to House Bill 24 on its third reading. All in favor will say aye. Opposed no. The aye's have it. Senate Committee Substitute to House Bill 24 passes its third reading. It will be sent to the House for concurrence in the Senate Committee Substitute. House Bill 25, the clerk will read. [SPEAKER CHANGES] House Bill 25, Amend Felony Breaking or Entering. [SPEAKER CHANGES] Senator Daniel is recognized to explain the bill. [SPEAKER CHANGES] Thank you, Mr. President and members of the Senate. This bill cleans up a loophole in our breaking and entering laws. Currently if you break and enter with the intent to commit a larceny it's a class H felony but if you, for instance if you were domestic violent, if you were a husband and you broke into your ex-spouse's house with the intent to terrorize that person it would be just a misdemeanor breaking and entering. So this creates a new class of offense that's a person who breaks or enters with the intent to terrorize or injure an occupant of the building is guilty of the class H felony which is consistent with the larceny statute. I would just ask for your support. [SPEAKER CHANGES] Any discussion or debate? Hearing none, the question before the Senate is the passage of House Bill 25. 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 25 passes its second reading, without objection will be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, the question before the Senate is the passage of House Bill 25 on its third reading. All in favor will say aye. Opposed no. The aye's have it. House Bill 25 passes its third reading. It will be enrolled and sent to the Governor. House Bill 125, the clerk will read. [SPEAKER CHANGES] House Bill 125, Public Agency Computer Code Not Public Record. [SPEAKER CHANGES] Senator Parmon is recognized to explain the bill. [SPEAKER CHANGES] Thank you, Mr. President and members. House Bill 125 simply clarifies that in a proprietary computer code that's written by an agency of subdivision of the state or government is not a part of public records. I don't know of any opposition and this was a request, initially, from Forsyth County and it's supported by the delegation and I ask for your support. Thank you. [SPEAKER CHANGES] Is there any discussion or debate? Hearing none, the question before the Senate is the passage of House Bill 125 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. Rabin, aye, 47 having voted in the affirmative and zero in the negative. House Bill 125 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 House Bill

125 on it's third reading all in favor will say Aye. Opposed No. The Aye's have it House Bill 125 passes it's third reading it will be enrolled and sent to the Governor. House Bill 315 the clerk will read [SPEAKER CHANGES] House Bill 315, plastic labeling requirements [SPEAKER CHANGES] Senator Newton is recognized to explain the bill [SPEAKER CHANGES] Thank you. Mr President this house bill comes to us to solve a simple little problem that we're having with recycling in North Carolina. There are new plastic products out there that do make some plastics degradable. The problem is that when these new plastics are mixed with the old plastics it messes up the recycling process so this bill simply requires that those new plastics be labeled to say that their not recyclable I'm not aware of any serious opposition to this bill it is supported by the beverage association and many others. I commend it to you and I ask for your support. [SPEAKER CHANGES] is there discussion and debate. Hearing now the question for the Senate is the passage of the committee substitute for House Bill 315 on it's 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 zero in the negative committee substitute to the house bill 315 passes its second reading without objection will be read a third time. [SPEAKER CHANGES] North Carolina general assembly annexed [SPEAKER CHANGES] any discussion or debate? hearing none the question for the senate is the passage of the committee substitute to house bill 315 on its third reading all in favor will say Aye opposed no the Aye's have it committee substitute to house bill 315 passes its third reading it will be enrolled and sent to the Governor. House bill 361 the clerk will read [SPEAKER CHANGES] House bill 361 yes its a reinvestment technical corrections [SPEAKER CHANGES] Senator Wade is recognized to explain the Bill [SPEAKER CHANGES] Yes thank you Mr president. This bill just makes a few technical and clarifying changes and I don't know of any opposition and I would appreciate your support [SPEAKER CHANGES] any discussion or debate hearing none the question for the Senate is the passage of committee substitute to house bill 361 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 zero in the negative committee substitute to house bill 361 passes its second reading without objection will be read a third time [SPEAKER CHANGES] North Carolina generally assembly annexed [SPEAKER CHANGES] is there any discussion or debate? hearing none the the question for the senate is the passage to the committee substitute to house bill 361 on it's third reading all in favor will say Aye opposed No the Aye's have it committee substitute to House Bill 361 passes its third reading it will be enrolled and sent to the Governor. House Bill 384 the clerk will read [SPEAKER CHANGES] House bill 384 amend definitions proper classification equitable distribution [SPEAKER CHANGES] Senator Goolsby is recognized to explain the bill [SPEAKER CHANGES] thank you Mr President this bill came to us from two family lawyers over in the house of representative. Stevens and Davis it makes some changes requested by the family law committee of the North Carolina Bar Association be happy to attempt to answer any questions. Appreciate your support [SPEAKER CHANGES] is there any discussion or debate? hearing none request before the Senate is the passage of house bill 384 in it's 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. 47 having voted in the affirmative and zero in the negative House Bill 384 passes its second reading without objection it will be read a third time [SPEAKER CHANGES] North Carolina General Assembly annexed [SPEAKER CHANGES] is there any discussion or debate? hearing none the question for the Senate is the passage of House Bill 384 on its third reading all in favor will say Aye opposed no. The Aye's have it. House Bill 384 passes its third reading it'll be enrolled and sent to the Governor. House Bill 407 clerk will read [SPEAKER CHANGES] House Bill 407 trustee attorney fee foreclosure clerk approval [SPEAKER CHANGES] Senator Randleman is recognized to explain the Bill [SPEAKER CHANGES] Thank You Mr President. Ladies and gentlemen under current law clerks of superior court has jurisdiction over foreclosures so what this bill does it authorizes the clerks of superior court to determine reasonableness for payments made to council fees to attorney's serving as trustees in powers under of sale I appreciate your support and I know of no opposition [SPEAKER CHANGES] any discussion or debate? hearing none the question before the Senate is passage to committee substitute to house bill 407 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 zero in the negative committee substitute to house bill 407 passes its second reading without objection. Will be read a third time [SPEAKER CHANGES] North Carolina Generally Assembly annexed [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 407 on its third reading all in favor will say Aye

oh, not as enemies of the house before seven passes third reading in the presence of the governor house, or dating work reading regime. many refer to generate his recognizes when the Commissioner has the numbers has to go directly to heaven of environmental natural resources development and design standards for one of programs and direct investment management commission to adopt rules to establish a fast-track process for the issue for another management system permits. thank you to discuss survey in the question. visit us in a subject number two.house Bill four eighty on a second reading on paper, but I is about no five seconds. the voting clerk records about forty seven, having been in the affirmative, zero, negative place that suit number two thousand four eighty passes a second reading without objection. rather, John of God daily sumac discussion relay hearing on possible centres' subject number gatehouse before eighty on its third reading on table. say hi to know the eyes have a substitute number gatehouse before eighty passes third reading of enrolments in the government health Bureau, five oh five clerk read the five [SPEAKER CHANGES] oh five extended videos on line conservation, animal waste inspection simulators recognize explain the estimates present numbers. house Bill five oh five codify and make permanent program with inspection certain animal waste operations of the÷ water conservation Department of Agriculture and consumer services of this is a pilot program that is been going on for sixteen years is just nine hundred and one one budget [SPEAKER CHANGES] discussion of day what was that it is a passage that a committee substitute House Bill five oh five on a second reading on favourably by the no five seconds beloved. clerk report about Ryan's. I inherited by Bram high forty seven hundred better than zero related city committee substitute House Bill five oh five as the second reading that objection. we rather done, but really assuming that the discussion, debate, hearing no question placentas Abbasid site may substitute household five oh five on his third reading. all they will say I oppose no guys have a cynic may substitutehealthful, five oh five as its third reading it will be sent to the house for concurrence in the Senate committee substitute House Bill five eighty one or three out of five eighty one fifty wow, I failed to read Senator Randle man is recognized. explain the bill. [SPEAKER CHANGES] thank you, Mister President is under Kamal Oglala resource commission is all I think she liked her febrile eye out for me at which authorizes the honour of a likely taken and then voilà, that's when the parts that are mounted staffs are as alive as they preserve to sell, identify individual specimens that I want to make a lilac resource commission shall adopt rules to implement the coping wildlife for me to not position and other [SPEAKER CHANGES] L. Robert zero will the Senator,you have questions that are in the video and this is not the senator and find these fields that are in place. [SPEAKER CHANGES] I have numbers him you has a big deal about has been speaking the inmate seen my man and a strangely enough, but this is not right is across the state, not just in rule areas within urban areas in 's and it would. you will question some of humanity, reluctantly and not to make a good-looking you tell the CNET experiences with with this deal, NYS yesterday if it would help my situation. well, many years ago maybe twenty five years ago my son was out in his track and something birdlike hopper something came in ahead of button and it perished so we got out as a beautiful bird and brought it home and

[Speaker Changes] [Laughter] So some years later I went to a taxidermist, andI said, I’d like to stuff this bird and give it to my son for his birthday. And they told me you can’t do that, its against the law. I called two or three and then they told me to call the wildlife, and I couldn’t do that. Well several hurricanes later, then finally my son threw it out of the freezer, so I asked if this bill would have helped me when I wanted to take this to a taxidermist and apparently it still isn’t true, is that true Senator Brock, I still couldn’t have done that? [Speaker Changes] Uh, Mr. President, I don’t know if you keep a frozen bird in your freezer for twenty years if it would be salvageable at that point. So it still may not help your case. [Speaker Changes] Senator Gunn, for what purpose do you rise? [Speaker Changes] To speak to the bill. [Speaker Changes] Senator Gunn has the floor to speak to the bill. [Speaker Changes] Well I just wanted to say that I do support this bill, and I didn’t have my glasses on though when I originally looked down at it, and I read it as, and I’m glad to see it wasn’t, but I read it as, “trophy wild wife sale permit”. “wife”. [Speaker Changes] Okay, any further discussion or debate? Hearing none. The question for the Senate is the passage of House Committee Substitute to House Bill 581 on a second reading all in favor vote aye, opposed will vote no. Five seconds will be allowed for the voting, Clerk will record the vote. 45 having voted in the affirmative, 2 in the negative. Committee Substitute to House bill 501, passages a second reading without objection will be read a third time. [Speaker Changes] North Carolina General Assembly enact. [Speaker Changes] Any further discussion or debate? Hearing none. The question for the Senate is the passage of Committed Substitute to House Bill 581 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 581passes a third reading it will be enrolled and sent to the governor. House bill 610, the clerk will read. [Speaker Changes] House Bill 610, modify requirements for in stand beer sales. [Speaker Changes] Senator Wade is recognized to explain the bill. [Speaker Changes] Yes, this bill just allows for the in stand sale of beer at small stadium or baseball field of 3000 or less, and I ask for your support. [Speaker Changes] Any discussion or debate? Hearing none. The question for the Senate is the passage of Committed Substitute to House Bill 610 on its 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. [Speaker Changes] Senator Walters, aye. [Speaker Changes] 42 having voted in the affirmative and 5 in the negative. Committee Substitute to House bill 610 passes its second reading without objection will be read a third time. [Speaker Changes] North Carolina General Assembly enacts. [Speaker Changes] Any further discussion or debate? Hearing none. The question for the Senate is the passage of Committed Substitute to House Bill 610 on its third reading. All in favor will say aye. [Speaker Changes] Opposed, no? The ayes have it. Committee Substitute to House Bill 610 passes its third reading it will be enrolled and sent to the governor. House bill 707, the clerk will read. [Speaker Changes] House Bill 707 ensures safe navigation channels. [Speaker Changes] Senator Raven is recognized to explain the bill. [Speaker Changes] Thank you Mr. President. House Bill 707 directs the department of environment and natural resources to pursue various strategies to ensure the state ?? navigation channels are safe and navigable. [Speaker Changes] Any discussion or debate? Hearing none. The question for the Senate is the passage of House Bill 707 on a second reading. All in favor vote aye, opposed will vote no. Five seconds will be allowed for the voting, Clerk will record the vote. [Speaker Changes] Ford, Harmin, aye, aye, Newton, aye, Parmon, aye, Daniel, Aye, Kinnaird, Aye [Speaker Changes] 47 having voted in the affirmative, 0 in the negative. House Bill 707, passes a second reading, without objection. [Speaker Changes] Object third reading. [Speaker Changes] Senator Brown objects the third reading. It will remain on the calendar. [Speaker Changes] House Bill 774, the clerk will read. [Speaker Changes] House Bill 774, building code, excusing primitive structures. [Speaker Changes] Senator Soucek is recognized to explain the bill. [Speaker Changes] Thank you Mr President, what this bill does is it exempts primitive campgrounds from existing codes, and the purpose of this is to allow camps to have an authentic 19th century, not only construction methods to preserve those, but also create an experience for these campers that can’t be created without that type of structure being build. I’ve spoken with building inspectors at the county and state level and know of no opposition to this bill. [Speaker Changes] Any discussion or debate? Hearing none...

The question before the Senate is the passage of the Committee Substitute to House Bill 774 on its second reading. On favorable vote, oppose the vote no. Five seconds will allowed for the voting. The Clerk will record the vote. Newton, aye. Forty-seven having voted in the affirmative and zero in the negative. Committee Substitute to House Bill 774 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 Committee Substitute to House Bill 774 on its third reading. All in favor will say aye, opposed no. The ayes have it. Committee Substitute House Bill 774 passes its third reading. It will be enrolled and it will be sent to the Governor. House Bill 789, the Clerk will read. [SPEAKER CHANGES] House Bill 789, Underground Storage Tanks Eligible for Brown Fill. [SPEAKER CHANGES] Mr. President? Mr. President? [SPEAKER CHANGES] Senator McLaurin is recognized to explain the bill. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Thank you. Explain the bill, Mr. President. [SPEAKER CHANGES] Senator Apodaca, you have the floor. [SPEAKER CHANGES] Thank you, Mr. President. Members, this bill does one simple thing and it's a very good thing. It allows the contamination areas to property by underground petroleum storage tanks to now participate in the State's brown fills program. That's all it does. Seeing as I think it's a good bill. I recommend it to you. [SPEAKER CHANGES] Is there any discussion or debate? Senator McLaurin. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator McLaurin, for what purpose do you rise? [SPEAKER CHANGES] Send forth Senate Rule 29, request to be excused from voting. [SPEAKER CHANGES] You can send forward your excuse, Senator. [SPEAKER CHANGES] Thank you, Mr. President. [SPEAKER CHANGES] Thank you. Is there any discussion or debate? Hearing none, the question before the Senate is the passage of House Bill 789 on its second reading. All in favor will vote aye, oppose the vote no. Five seconds will be allowed for the voting. The Clerk will record the vote. Forty-six having voted in the affirmative and zero in the negative. House Bill 789 passes its second reading. Without objection, it 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 House Bill 789 on its third reading. All in favor will say aye, opposed no. The ayes have it. House Bill 789 passes its third reading. It will be enrolled and sent to the Governor. [SPEAKER CHANGES] House Bill 821, the Clerk will read. [SPEAKER CHANGES] House Bill 821, Triad Farmers Market Renamed for Senator Bob Shaw. [SPEAKER CHANGES] Senator Wade is recognized to explain the bill. [SPEAKER CHANGES] Yes. This bill is to rename the Triad Farmer's Market and to honor the career of a public servant which I'm sure we all know and he was from Guilford County. And that's for Senator Bob Shaw. And there may be other Senators that would like to speak on this, but it would be an honor for us to do that for Senator Shaw. And I've known the Shaws for about 20 years. And I would appreciate your support on this bill. [SPEAKER CHANGES] Senator Tillman, for what purpose do you rise? [SPEAKER CHANGES] Thank you, Mr. President. Speak briefly on the bill. [SPEAKER CHANGES] The Senator has the floor to speak to the bill. [SPEAKER CHANGES] Senator Bob Shaw served nine terms here and a lot of you don't know this, but he owned the best seafood place and Mark ?? will tell you that to this day called Friendly Road Inn up there on Friendly Road in Greensboro. And I ate there for 25, 28 years. And hated to see it close. In fact I was there the night, the last night that it closed. But sitting at that table in Friendly Road Inn, Bob told me that there were going to be some redistricting done and there was going to be a Senate seat that had my name on it. And I said, "Oh, no. You're not getting me into anything like that." But he kept talking. He convinced me that with his help that I could probably do this thing. So he was the one responsible for me running. And Bob has an illustrious career. As you all know, he served as County Commissioner and he served as State GOP Chairman for a few terms. He served his State in many capacities. His wife, Linda, who I've not seen today would certainly be honored by this happening. Served as National Committeewoman, Guilford County Commissioner and I will stop my remarks because I see Tom Apodaca giving me that look. He wants to go to Hilton Head or somewhere today. But I'm honored to be able to speak on behalf of Senator Shaw and this bill. [SPEAKER CHANGES] Is there any further discussion or debate? Senator Robinson, for what purpose do your rise? [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] Senator Robinson has the floor to speak on the bill. [SPEAKER CHANGES] Thank you, Mr. Chair. I simply want to say that I also knew Senator Shaw and from the other side of the aisle, he was a person that he and his wife both supported the entire community and that inn is open again, Senator Tillman, under other ownership and still has good seafood.

So, I recommend the bill to you and want it to know that he was certainly a great statesman in Guilford County. [CHANGE SPEAKER] Is there any further discussion or debate? The question before the Senate is the passage of the committee substitute to House Bill 821 on it's 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. 47 having voted in the affirmative and 0 in the negative. The committee substitute to House Bill 821 passes it's second reading. Without objection, it will be read a third time. [CHANGE SPEAKER] North Carolina General Assembly enacts. [CHANGE SPEAKER] Is there any discussion or debate? Hearing none. The question before the Senate is the passage of the committee substitute to House Bill 821 on it's third reading. All in favor will say aye, opposed no. The ayes have it. Committee substitute to House Bill 821 passes it's third reading. It will be enrolled and sent to the Governor. House Bill 829 the clerk will read. [CHANGE SPEAKER] House Bill 829 Sale Of Growlers By Certain ABC Permittees [CHANGE SPEAKER] Senator Gunn is recognized the explain the bill. [CHANGE SPEAKER] Thank you Mister President. North Carolina law currently allows growlers to be filled and refilled at breweries across North Carolina. What this will do will allow growlers to also be sold off premise at retail locations with the appropriate permits and certain specifications. Just for clarification, a growler is a resealable, refillable glass jug of approximately a half gallon and they will have to be sanitized, filled straight from the tap, sealed and labeled. It passed with overwhelming bipartisan support in the House and there were no objections in Senate Commerce Committee. [CHANGE SPEAKER] Is there any discussion or debate? Hearing none. The question before the Senate is the passage of committee substitute to House Bill 829 on it's second reading. All in favor will vote aye, opposed will vote no. Five seconds will be allowed for voting and the clerk will record the vote. [CHANGE SPEAKER] Davis [CHANGE SPEAKER] Davis, aye. 45 having voted in the affirmative and and 2 in the negative. The committee substitute to House Bill 829 passes it's second reading. [CHANGE SPEAKER] Mister President [CHANGE SPEAKER] Senator Apodaca for what purpose do you rise? [CHANGE SPEAKER] Will Senator Bingham yield to a question? [CHANGE SPEAKER] Senator Bingham, do you yield? [CHANGE SPEAKER] Certainly [CHANGE SPEAKER] Senator, shouldn't you opt out of voting on this bill since it affects you probably more than anybody else? [CHANGE SPEAKER] Well, I would have opted out a few years ago but I'm out of the bootlegging business now. So, I feel confident in being able to vote. [CHANGE SPEAKER] Senator Tillman for what purpose do you rise? [CHANGE SPEAKER] Could I ask my seat mate, Senator Bingham a question? [CHANGE SPEAKER] Senator Bingham, do you yield? [CHANGE SPEAKER] These side [CHANGE SPEAKER] Yes [CHANGE SPEAKER] Conversations are more interesting to me than the floor debate most of the time. Could you recount for us what we was saying about the growlers or would you prefer that I tell it? [CHANGE SPEAKER] Well, I'll just say that don't believe all you hear and I'm not going to make any more comments. I'll leave that up to you, Senator Tillman. But we're both wanting to leave here, so don't make this too long. [CHANGE SPEAKER] Senator Tillman for what purpose do you rise? [CHANGE SPEAKER] To comment to Senator Bingham. [CHANGE SPEAKER] Senator has the floor. [CHANGE SPEAKER] I will not talk about what we said about the growlers unless, of course, I had one or two. They're a quart, Senator Bingham, they're a quart. Now, they're not just a single. But I also will not bring up how fast you and Don East were driving in that Dodge Charger. I will not bring that up either. [CHANGE SPEAKER] Since there is no further discussion or debate. The question before the Senate is the passage of the committee substitute. We have not read it. Without objection, it will be read a third time. [CHANGE SPEAKER] North Carolina General Assembly enacts. [CHANGE SPEAKER] Without any discussion or debate, the question before the Senate is the passage of the committee substitute to House Bill 829 on it's third reading. All in favor will say aye, opposed no. The ayes have it. Committee substitute to House Bill 829 passes it's third reading. It will be enrolled and sent to the Governor. We have one bill for concurrence. Senate Bill 208, clerk will read. [CHANGE SPEAKER] Senate Bill 208 Effective Operation of 1915(b)/(c) Waiver. [CHANGE SPEAKER] Senator Barringer is recognized to explain. [CHANGE SPEAKER] Senate Bill 208 has come back to us with a few changes. We, myself and Senator Tucker, believe the strengthened this bill and we ask for your concurrence. [CHANGE SPEAKER] Senator Tucker and Senator Barringer ask that you concur on this bill. Is there any further discussion or debate? Hearing none. The question before the Senate is

the passage of the House Committee Substitute to Senate Bill 208. All in favor will vote aye. Opposed will vote no. Five seconds will be allowed for the voting. The Clerk will record the vote. 35 having voted in the affirmative and 12 in the negative, the House Committee Substitute to Senate Bill 208 passes in concurrence. It will be enrolled and sent to the Governor. Senator Soucek, for what purpose do you rise? [SPEAKER CHANGES] To send forth a committee report out of order. [SPEAKER CHANGES] Senator, you can send forward your report out of order. Clerk will read. [SPEAKER CHANGES] Senator Soucek for the Education and Higher Education Committee submits for passage House Bill 691, Committee Substitute number 1, Limited Soldiers CC Tuition, favorable; House Bill 754, Committee Substitute number 1, Lease Purchase of Real Property, Community College, favorable; House Bill 255, Committee Substitute number 1, UNC Tuition Surcharge Advanced Notice, unfavorable as to Committee Substitute number 1 but favorable as to Senate committee Substitute Bill; House Bill 587, Committee Substitute number 1, unfavorable as to Committee Substitute number 1 but favorable as to Senate Committee Substitute Bill, titled ‘An Act to Provide a Certain Course of Academic Credit Hours Transferred to a Constituent Institution will not be Included in the Calculation of Credit Hours for Purposes of Tuition Surcharge, to Require that Uniform Procedures be Implemented in the University of North Carolina System to Provide Appropriate Advanced Notice to a Student when the Student is Approaching a Credit Hour Limit Regarding a Tuition Surcharge’. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Blue, for what purpose do you rise? [SPEAKER CHANGES] On concurrence on Senate Bill 208, I was recorded as having voted aye. I’d like to change that to a no vote. [SPEAKER CHANGES] Blue changes his vote to no. Final count is 34, 13. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Davis, for what purpose do you rise? [SPEAKER CHANGES] On the same bill, Senate Bill 208, I voted aye. I would like to be recorded as voting no. Thank you. [SPEAKER CHANGES] Senator Davis changes his vote to know as well. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] 33 to 14. Senator McKissick, for what purpose do you rise? [SPEAKER CHANGES] Change my vote on Senate Bill 208 from aye to nay. [SPEAKER CHANGES] Final count, 32 to 15. House Bill 691, Appropriations-Based Budget; House Bill 754, Finance; House Bills 255 and 587, calendar. Do we have any notices or announcements today? Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Mr. President, we have two more bills to do that were added on, and if I might, Mr. President, about these, we have heard, members – we’ve heard both of these bills before, so they are being put on the dashboard, but in order to save a few trees, we’re not going to make copies and pass them out. Senator Walters, do you need copies? I know you’re in the tree business and would like to kill a few more, but if that’s okay… [SPEAKER CHANGES] Thank you, Senator. I apologize for missing those. It is my understanding that both of these bills are second reading roll call bills. House Bill 473, Clerk will read. [SPEAKER CHANGES] House bills 473, NC Captive Insurance Act. [SPEAKER CHANGES] Senator Meredith, for what purpose do you rise? Explain the bill? [SPEAKER CHANGES] Yes, Mr. President. [SPEAKER CHANGES] You’re recognized. [SPEAKER CHANGES] Mr. President, members of the Senate, this is a captive insurance bill. It was unanimous in the House and unanimous in the Senate. This is a companion bill. I’d appreciate your support. 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 473 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. Nesbitt, Kinnaird. Nesbitt, Kinnaird, aye.

Ate, Allran Aye, Bingham, Tillman. Forty five have voted in the affirmative and zero in the negative. Senate committee substitute the House Bill 473 passes its second reading and will remain on the calendar. House Bill 200 ?? [SPEAKER CHANGES]House Bill 200 requires certain general appraisals. [SPEAKER CHANGES]Senator Tarte is recognized to explain the bill. [SPEAKER CHANGES] This bill is a companion bill to Senate Bill 159 that passed unanimously in the third reading here. It allows the fix of property tax revaluation of affected counties. [SPEAKER CHANGES] Free to discussion or debate. Hearing none the question before the Senate is the passage of committee substitute House Bill 200 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. 45 having voted in the affirmative and zero in the negative, committee substitute the House Bill 200 passes its second reading and will remain on the calendar. [SPEAKER CHANGES] Mr President. [SPEAKER CHANGES] Senator Graham for what purpose do you rise? [SPEAKER CHANGES] On Senate Bill 208 I voted yes and I would like to be recorded as voting no. [SPEAKER CHANGES] On Bill 208 Senator? [SPEAKER CHANGES] Yes [SPEAKER CHANGES] Final vote 31 to 16. We have any notices or announcements today? Senator Brown for what purpose do you rise? [SPEAKER CHANGES] An announcement. [SPEAKER CHANGES] Senator Brown you have the floor for your announcement. [SPEAKER CHANGES] The Republicans will caucus immediately after session. [SPEAKER CHANGES] Any other announcements? Senator Newton for what purpose do you rise? [SPEAKER CHANGES] An announcement. [SPEAKER CHANGES] You have the floor Senator [SPEAKER CHANGES] It's not on the printed paper but the J1 committee will be meeting tomorrow at 10:00 in the normal room. Thank you. [SPEAKER CHANGES] Is there any further business to come before 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 of messages from the House and the Governor. The receipt and re-referral of committee reports and the referral and re-referral of bills and resolution to reconvene Thursday, June 6th 2013 at 12 PM. [SPEAKER CHANGES] The motion that the Senate do now adjourn subject to the stipulations stated by Senator Berger to reconvene Thursday June 6th at 12 PM, seconded by Senator Newton, all in favor say Aye. Opposed No. The Ayes have it. The Senate stands adjourned.