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Senate | June 18, 2013 | Chamber | Session

Full MP3 Audio File

The Senate will come to order. Sergeant at arms will close the doors. Members will go to their seats. Members and guests of 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 let’s pray. Ground us, oh Lord, in your truth. Ground us, oh Lord, in your providential care. Ground us in your peace and thank you. Thank you for another opportunity to walk into this chamber and work through issues to make this state a better state. We need you Lord. Oh how we need you. 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 Monday, June 17, 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 17 stands approved as written. Leave of absence has been granted for Senator Ford. Ladies and gentlemen, the nurse of the day is Gale Lane from Roanoke Rapids and Al Lane, EMT from Roanoke Rapids. Will you please give them a round of applause. Ladies and gentlemen, Senator Ford has reappeared and we’re glad to have him back. He is no longer absent. Maybe mentally, but not physically. Senator Berger is recognized for a motion. [SPEAKER CHANGES] Thank you Mr. President. A motion relating to the calendar. [SPEAKER CHANGES] Senator has the floor. [SPEAKER CHANGES] Mr. President, I move that House Bill 998 be taken off the calendar today. We are presently talking with members of the House and with the governor about some modifications to that bill and we are hopeful that we will be able to reach some accommodations so if we could move it to tomorrow’s calendar we may have something to announce. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Yes sir. Senator Nesbitt. [SPEAKER CHANGES] Will the gentleman yield to a question. [SPEAKER CHANGES] Senator Berger, do you yield? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] Senator Berger, if the bill is changed, will it go back to committee to where we’ll have a chance to observe the changes and debate them? [SPEAKER CHANGES] First of all, we don’t know that we’re going to have any changes. I think that will likely depend on what changes, if any are proposed. I would think that it’s entirely possible that whether we make changes through a floor amendment or if we send it back to committee that probably what you’re looking at is the bill, that those changes being such that the bill will actually carry over an additional day. I think. Now, again, we don’t know what those amendments, at this point, might be. [SPEAKER CHANGES] Would he yield for one additional question. [SPEAKER CHANGES] Senator Berger? [SPEAKER CHANGES] Yes. [SPEAKER CHANGES] And this would be the form of a request. I would like to request on behalf of the members and certainly the members in the minority party, that we be given a chance to review them before we have to debate the bill. I think it will speed the process up and we pretty well know who’s going to win up here, but it doesn’t hurt that everybody at least be knowledgeable about what’s in the bill. [SPEAKER CHANGES] Senator Nesbitt, as soon as we know whether or not we have something that we’ll be able to move forward with and if so, have it drafted. I think we’ll move with as deliberate speed as possible to get that information to the members and give everyone an opportunity to have a chance to read over it, contemplate and figure out how they’re going to vote. [SPEAKER CHANGES] 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] Send forth your committee report. [SPEAKER CHANGES] Senator Allran for the judiciary two committee submits for passage House Bill ??

seven. warm our refuge is just a federal bill for five old Mister number one criminal content mail procedure available at one thirty seven. house Bill four fifty calibre Saturday the sub acute bass since pleasantly reports and report form. thank you, Mr. president [SPEAKER CHANGES] Saturday… they are all government committee submitted* house Bill one ten may substitute number one public contract project labour favourable. house Bill one forty city of Lowell regulated utility vehicles available. house Bill one ninety five Canadians extend use of design bill favourable house built real five Chapel Hill economic development projects favourable. house Bill three twenty six Rutherford County condemnation consent favourable house bill three three four welcome County sales tax views expansion favourable house Bill three fifty four two county commissioners may serve a B Teach. favourable house Bill four oh four camera local storm water fees favourable hospital for a overt right-of-way safety favourable hospital for twenty seven Mesa to number one Middlesex extend man's terms of four years favourable [SPEAKER CHANGES] house for lunch. sequential referral finance House Bill one forty calendar house Bill one ninety five calendar ASP delivery of him three twenty six calendar of regarding or sequential world of finance, health zero three fifty four calendar. house Bill four oh four service points( naps house without a calendar and house bill for twenty seven calendar ratifications of the Fifth Amendment signals with a discussion post for updates important committee report jungle before Judiciary committee Smith that house Bill three ninety two minutes of suit number one KRS one batter of this publicist. they were all hospital, six eighty six minutes of student alliance. these people are paying saying memorable house for ninety two suits until referral to healthcare, hospital, six eighty six calendar ratification of bills or [SPEAKER CHANGES] in Royal Mail guerilla clerk report following bill bills ratified from patient to the governor, Senate Bill eight back to increase the fine will removal of unauthorized vehicles and private lot pursuant to GS twenty– twenty one ninety two Senate bill twenty five an act provided members on services was serving on active military duty in Armed Forces United States outside the state of North Carolinato reconsider rather than a purpose within a certain hunting fishing company special activity license to build three fifty eight. actor Ralph Arius guaranteed asset protection waivers. the author rather than the state Senate Bill four ninety four act authorized new service of the discretionary condition of and remember requirements for voting by the close release of the business and parole commission on matters coming before the commission. house Bill two twenty three and acting depth of intellect membership corporations from integrated resource planning and service regulation, establish body belt utilities commission regarding oversight of the Corporation to their member, Board of Directors and clarifying authority to North Carolina rule like that, let the frustration authority to receive and investigate complaints from members of elected member Corporation plus built-in flooding back to expand the choices for health insurance in North Carolina by seven health insurance company. some outdated risk exposure requirement to remove photo identification promise for the new domestic companies to help mortgage guaranty, companies adjust their capital and surplus or crime and hereby certain risks they staff were promised

?? North Carolina's NAIC accreditation, to clarify consumer choice in homeowner's coverage for wind and hail, to clarify the certification requirements for an actuary who presents a schedule of premium rates, to shorten certain time periods for an external review by the commissioner of certain insurer determinations, to expand access of coverage to business who need a blanket accident and health coverage, to make certain conforming changes related to the renaming of the Office of Managed Care Patient Assistance Program as Health Insurance Smart NC, to amend the definition of a private passenger motor vehicle to clarify when an insurer can communicate with the insured after a public adjuster has been retained, and to clarify when an automatic stay of proof of loss requirements, premium and debt deferrals, and loss adjustments are triggered, to provide notice and the opportunity for a hearing when a superior court judge is called upon to select an umpire in certain property insurance disputes, and to allow the department of insurance to enforce certain provisions of the public health service act by requiring insurance companies to comply with these provisions within this state. House Bill 248, an act to require disclosure on the ballot that authorization of indebtedness include interest, and that taxes may be levied to repay the indebtedness. House Bill 322, an act to allow the Division of Motor Vehicles to waive the commercial skills test for retired or discharged members of the Armed Services who also satisfy other requirements. House Bill 332, an act making corrections and other amendments to the Notary Public Act, making other conforming changes, and providing for an alternative procedure for satisfaction of ?? security instruments. House Bill 333, an act to clarify sex offender statutes relating to residency and registration. House Bill 390, an act making various changes to the laws relating to the state information technology governance. House Bill 433, an act to support the activities of the Armed Services and to maintain and enhance the military's presence in North Carolina by regulating the height of buildings and structures located in areas that surround military installations in the state. House Bill 459, an act to require the Department of Health and Human Services to coordinate chronic disease care. House Bill 587, an act to require an alternate act and plan precursor test for certain students. House Bill 664, an act to facilitate the deployment of mobile broadband and other enhanced wireless communications services by streamlining a process used by state agencies and local governments to approve the placement of wireless facilities in their jurisdictions. House Bill 891, an act to allow the District Attorney to petition the court to freeze the assets of a defendant charged with financial exploitation of an elder adult or disabled adult and to establish a procedure to petition for the freezing or seizure of the defendant's assets. And the following bill duly ratified, properly enrolled, and presented to the Office of the Secretary of State, Senate Bill 128, an act to amend the charter of the Town of Carrboro to provide that the vacancies in the office of alderman should be filled by appointment in accordance with the North Carolina general statutes, or may be filled through a special election process under certain conditions. House Bill 533, an act to authorize company police officers in certain counties to use appropriate and reasonable force to keep a respondent in the facility where the respondent is to obtain an examination by a physician or psychologist pursuant to court order. [SPEAKER CHANGES] Okay, we'll now move forward to the calendar, Senate Joint Resolution 7. In preparation, Sergeant at Arms please secure the doors. Pages, and members, and staff are reminded to be seated during the whole resolution. Senate Joint Resolution number 7, the clerk will read in its entirety. [SPEAKER CHANGES] Senate Joint Resolution number 7, a joint resolution honoring the life and memory of Don W. East, former member of the general assembly. Whereas, Don W. East was born in Pilot Mountain, North Carolina, on December 26, 1944, to Ralph and Viola Hall East, and whereas, Don W. East graduated from East Surry High School in 1962 and furthered his education by taking classes at Forsyth Technical College, and whereas Don W. East retired from the Winston-Salem Police Department in 1984 after 20 years of service and owned a small farm, and whereas, Don W. East began his political career

Member of the Surry County Board of Commissioners from 1984 until 1992. And whereas Don W. East served seven terms in the North Carolina General Assembly as a member of the Senate from 1995 until 2000 and from 2005 until 2012. And whereas during his tenure, Senator East made significant contributions as a member of numerous committees, serving as co-chair of the Agriculture/Environment/Natural Resources and Appropriation on Natural Economic Resources and as a member of the Appropriation on Justice and Public Safety, Appropriations/Base Budget, Insurance, Judiciary II, Program Evaluation, State and Local Government, and Transportation. And whereas Don W. East’s community involvement included membership in the Ararat Long Hill Ruritan Club. And whereas Don W. East died on October 22, 2012 at the age of 67. And whereas Don W. East was married to the late Connie Needham East and is survived by his daughter Gina Southern and son-in-law Mickey Southern, two grandsons, Matthew Southern and Jacob Southern, one brother, R.W. East and two sisters, Rachel Taylor and Shelby Tucker. Now therefore be it resolved by the Senate, the House of Representatives concurring. Section one: the General Assembly honors the memory of Senator Don W. East and expresses appreciation for his life and service to the people of his community and this state. Section two: The General Assembly extends it's heartfelt sympathy to the family of Don W. East for the loss of a beloved family member. Section three: The Secretary of State shall transmit a certified copy of this resolution to the family of Don W. East. Section four: This resolution is effective upon ratification. [SPEAKER CHANGE] Senator Randleman is recognized to explain the resolution. [SPEAKER CHANGE] Thank you Mister President. Mister President, senators and special guests, each of us are the authors of our life's book and at the end of each day, we decide the content on each page. Senator East also wrote his life's book, which began when a baby boy was born to Ralph and Viola East. There would have been a chapter, probably a lengthy chapter, describing the occasion when Senator East met and later married the love of his life, Connie. No doubt, there would have been many entries about his beloved little girl Gena, conversations and events with his son-in-law Mickey, and how proud he was of his grandsons, Mathew and Jacob. Senator Don East was a proud public servant, serving with the Winston-Salem Police Department, the Surry County Board of Commissioners and the North Carolina General Assembly. He was devoted to his constituents, his community and to the state of North Carolina. It has been my honor to bring this resolution forward. I commend it to you and ask for your support. Mister President, I move that the words of the resolution be spread upon the pages of the journal. [SPEAKER CHANGE] Without objection. So ordered. Senator Brown, what purpose do you rise? [SPEAKER CHANGE] To speak to the resolution. [SPEAKER CHANGE] The senator has the floor. [SPEAKER CHANGE] Thank you Mister President. I think all of us that served with Don really saw Don as that unique individual whose personality was just unique in so many ways. When you really got to know Don, you had to love him. Because he was just maybe a little rough on the outside at times but inside he was probably the most tenderhearted guy I think we all had ever met. He didn't say much on the floor but he's one of those guys when he stood up to speak on the floor, you normally had to pay attention because he was very, very passionate about that thing that he was going to talk about. There's several events we can think about. A couple that just jump out at me was the barber bill where he was trying to help this local barber and his local community. That bill kind of worked it's way through the Senate and it went over to the House and it got amended over in the

House and it came back here and somehow that bill got changed and his little piece about the barber got taken out. I think he told Senator Bass about it, how exactly he felt about that, and I think that was one of those shining moments that I'll never forget, but it was just kind of Don. Of course, Senator Bingham is tied to Don with his Charger that he bought from me, and I'll let Senator Bingham maybe talk about that a little more, but at the end, Don became my roommate, and that's where I really got to know Don East. Don talked to me a whole lot about certain things, and one of the things he talked to me about was how he helped individuals back in his district. One of them was a young lady who had a problem with her eye, and she was from a poor family, and that family just never had the money to help that young lady and Don convinced the family to have some surgery on that eye and Don payed for it, right out of his pocket. I think it was about a $10,000 surgery, but I think I'm one of the few that he ever told that to, because that's just the kind of guy he was. He really talked to me about his family, he truly loved his family, and every night when we'd be sitting after session, and we'd always spend time talking about his grandkids, and his daughter, and just how much he enjoyed being around them, and they were really really special to him, I think, later in his life. And I think that the real key thing for Don was that he had a couple loves, and one of them was that he wanted to travel, and he bought a motor home I guess a couple of years ago, and he finally got a chance to travel in that motor home, and he did a lot of it, he covered most of the United States in that motor home and I think Nashville might have been his best stop, because he talked about going to Nashville and spending days going in and out of the bars listening to different people play in those bars and how much he enjoyed that. His other passion was old cars, and he had a couple of old '40 Fords he was trying to restore, and he talked to me about that, how he spent most of his weekends working on those old vehicles and that's just kind of those passions he had. Don became a very good friend of mine, and I'm going to sure miss him. [SPEAKER CHANGES] Senator Tillman, what purpose do you rise? [SPEAKER CHANGES] Mr. President, to speak to the resolution. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Senator East sat right here, where you sit, ??? this incident about the hair braiding deal that he was gonna have his local barbers be able to go over to the rest homes, and cut their hair without getting all this certification mess, and that got took out. That day we was sittin back there on the back row, a lot of fun back there, we could do about anything. But Harry, sittin beside of me, he was shakin like this while this debate was going on with Senator Grue??? and others, and I said, "Are you going to say anything?" He said, "You wait just a damn minute!" Well his blood pressure had to be 200. When he did speak, I won't even say what he said but he told them to take that bill and to you know what with it, where the sun don't shine, that made national news, but to Senator East, and I've never seen as fast a time out when as Mark Baznih??? and I and Tony and them huddled around Grue???, and that bill got fixed in two or three minutes right on the floor. Now that was action. I accuse Don, some of you have known Don longer than me but I doubt if you known him any better than me, I went in that motor home two or three times with him. We went to the outer banks for a week. His grandsons I know, I've seen one or two of them up there, right in front of ??? knew them well, he loved their pickin' and singin', and he had them down here one time, down here to do a little, and he was talking about that a lot, you're right. I called him a man with sawmill personality and a Philadelphia lawyer's mind. And if you knew Don, he didn't miss out, unless we would tell him the joke or something, he didn't miss out on anything. I'll tell you about one incident that Senator Curtis??? stole from me at the funeral. It's a true story, but I think I own this one, so I'm gonna tell it. He kept bugging me to see Richard Petty. I said, "Alright, you're gonna get a sit down with Richard Petty and his wife too, so"

We have a fish fry every year with the party but I planned a different one over at this local restaurant that Richard eats most of the time on Thursday nights. So we got him over there and we had 200 to 300 people there and we saved this big table for Linda and Richard, Amanda and myself and dawn, and his friend at that time. And we chatted about cars and everything and Don had bought this charger that you all were riding down the road in at a high rate of speed. he had that parked right in the front door. Now it was 200 people trying to get in around that thing, well Richard comes in, sees that super-bird there, it's like all of the dodges he used to drive, he looked it over and he came in and got him over there at the table, we got our food, and he said, Richard, come outside, I want to show you something. He said, look here, how do you like this light baby blue Dodge Charger? Harry you sold it to him didn't you? And Richard said, man I like that. He said, you got your grace pen? And Richard always has his grace pen. He said how about signing right up over the door here, Richard [??]. He did, Richard [??] Petty. Richards big black dodge was sitting over here, he said let me see your grace pen. He walks over to Richard car and writes Don East. true story. And Richard didn't know what to say. I said what are you gonna do with that? He said I'm gonna leave it. I've never had a fool put his name on my car. And about a month later it was still not here, I don't know if it's not here today or not but that is a true story. I got many others that we can't tell, but I do know that when Connie was sick and I would call and talk to Don this was a very low point in his life and it took him a long time to get over that. He loved over his family as we all said, he loved Connie. And I talked to Don about every day and we do miss him. [SPEAKER CHANGES] Mr. president? [SPEAKER CHANGES] Senator Kinnaird what purpose? [SPEAKER CHANGES] To speak to the bill, the resolution. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] As many of you who were here know for a long, Don and I used to have vigorous debates about guns but we were good friend. We enjoyed each other's company, we liked the banter, and we respected each other, worked on bills together, he was a great friend. I remember how he suffered at the loss of his beloved wife, it was one of the very difficult parts of his life. But he had another difficult part that he didn't share with anybody and when he told the story it was such a shock, and especially to me because we had talked about guns and debated about guns. He never revealed to anybody at his own father had been killed, had been murdered by a gun. And it was so moving and I felt so strongly about it, but that was the type of person that Don was. He would not bring anything because out of his private life that would change any of the dynamics and the relationships, and I miss Don very much. [SPEAKER CHANGES] Reluctantly Senator Bingham what purpose do you rise? [SPEAKER CHANGES] To speak to the resolution Mr. Chairman. [SPEAKER CHANGES] Senator has the floor. [SPEAKER CHANGES] Thank you ladies and gentleman of the Senate. The last time I stood up I got in a lot of trouble talking about Don East. This time I'm a little wiser but I did find out one valuable thing, I can't be prosecuted for what I say whether it be the truth or not. So I'm gonna try to continue to tell the truth. After the last time I spoke concerning don, of course Don and I go back a long ways, I didn't realize it when I came down here but there was a gentleman named Ralph Johnson who I know the family knows well. he lived in the area I was from and Ralph and I, he's a little older than I, but we got in as much trouble as Don and I did but in a different area. But don was riding motorcycles with Ralph years ago and was in an accident and Ralph was one of the first ones there to aide Don, and of course you noticed he had walked with a limp.

...?? when we got to know each other, we had a lot of similar interests. I had a '66 Ford pick-up that I'd restored. Driving in parades and he also has one. He likes fast cars and motorcycles. And I know after the last episode that I spoke of, I think Don was interviewed by New York Times, or somebody, I don't know who. And I think he told them he said, "You know that Bingham exaggerates. He said we were going 145 miles an hour. If you only knew him you would realize that he does exaggerate quite a bit. We wasn't going one bit over 144." [laughter] But anyway, there's a lot of other things I could talk about Don, but he was a dear friend, loved by everyone here and will forever be remembered. And I certainly appreciate the family and sharing him with him here. He's very special and I have many memories of Don East from things we did here and things that I'm not going to say anything else about. Especially on this floor. Because Senator Hartsell done told me that felonies are, they don't go away or whatever that terminology is. [laughter] But anyway, thank you, very much and you're appreciate and love Don East and thank you for your family being here. [SPEAKER CHANGES] Senator Nesbitt, what purpose do you rise? [SPEAKER CHANGES] Thank you, Mr. President. To speak on the resolution. [SPEAKER CHANGES] The Senator has the floor. [SPEAKER CHANGES] Thank you, Mr. President and members of the Senate. When you listen to these speeches today you pick up a common theme. Don East was a very good listener. If you'd just spend five minutes with him he'd know what you cared about. And I felt like in our case, it's fairly well-known that I participate in crew chief in my son's race car and so I'm around cars all the time. My granddaughter races. And he latched right on to that and I felt like I helped him build that '44 a fender at a time. I mean, every time I'd see him I'd get an update on how we were coming and how well everything was going. And it's very seldom in here that you can remember a role model in a current time. Usually we're talking about great people from the past and how good they were. And if you knew Don East, he was a man of his word. Period. You didn't have to ask him twice. And I will not forget when we were in here arguing over some of our deregulation, and we did a bill that was probably, in my opinion, the most important piece of deregulation that we did was making final decision making of administrative law judges final. Gives everybody a fair hearing. It will force settlement of cases. We put that bill together and somehow it got muddled up in conference or somewhere and half a bill came back. And Don East stood up over there and said, "Uh-uh. That wasn't the deal we made and we're going to go back and put this all back together." And we did. And for those of you that are new to the back row, we unanimously overrode a Gubernatorial veto on that bill. And Don East is the one that stood up and said no. We're going to do what we said we were going to do. Just thought I'd bring that up. It's something we can all learn from. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Allran, for what purpose do you rise? [SPEAKER CHANGES] To speak on the resolution. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Whenever Don was around, you always knew it. And when he wasn't around, you also knew that he wasn't around. And that's because he was straight forward and colorful and outspoken. And even cantankerous. And he never hedged on what his views were, politically or otherwise. And I think we all knew that, but one thing I wanted to follow up on was one more little story about how he would, the other aspect of Don was the way he would go out of his way to be helpful to people. And this is right before he died, which of course was a shock to all of us.

In his travels he had gotten to know the Outer Banks, and he was out on Manteo where he was hanging around with a lot of new friends. He became close to Marc Basnight actually. But he was out there, and he ran into a gentleman whose son was involved in a real estate transaction with me. It had become a real sticky real estate transaction with a lot of glitches, and the father of the son was concerned that it wasn't gonna go through. Don took the time to call me and talk to me about it, and we worked it out. The gentleman got assured that the real estate transaction would work out. And as a matter of fact, it did. The point being he didn't have to get involved in that private business, but he did do that type of thing. He would go to the trouble just to help people. That really impressed me, and Don is the person that is very hard not to miss and of course we do miss him. [SPEAKER CHANGES] Senator ??, what purpose do you rise? [SPEAKER CHANGES] Speak to the resolution. [SPEAKER CHANGES] Thank you, Mr. President. Members of the Senate, we do a number of these resolutions, and over the years I've heard a number of them. It's always, especially if you knew the person that was being talked about, it brings back some memories. It puts a smile on your face, but it also reminds you in many respects about how fragile life is. In this sense, what we're doing and who we're talking about is somebody that I think you get a feel for the fact that Don East was a real person. He was somebody that you wanted to have on your side because if he was on your side, you had somebody who no matter what was going to look after you and was gonna look after what was important. We've heard the stories. Really the night, I think it was in the evening that his ?? bill got sideways, and he explained to the senate and to the world what could happen to that bill was something. That was just vintage Don East. It really was because that was the person that we all knew, because he was straightforward. He didn't mince words. He didn't try to shade things in any way. He was who he was, and who he was is someone that a lot of people cared a lot about. Gina, I know that you and your boys miss him. We all miss him, and the only thing I can say is we appreciate the time that we were allowed to spend with him because it was special to us. I urge you support for the resolution. [SPEAKER CHANGES] I'd just like to add a couple of quick comments before we vote. There's been no one greater in this body that meant more to me than Don East. The days Don East and John Garwood and Ed Jones and all of us those who have gone before are said together were days we should never forget, and we should try to imitate and emulate those folks because they set an example. Don was a true advocate. If he got something that he wanted to get done, you knew it, and he would get it done. So with that being said, any further discussion or debate? Hearing none, the question before the Senate is the passage of the Senate Joint Resolution 7 on a second reading. All in favor will vote aye. All opposed will vote no. Five seconds will be allowed for the voting, and the court will record the vote. 50 having voted in the affirmative, 0 in the negative, Senate Joint Resolution 7 passes second reading and without objection will be read for a third time. [SPEAKER CHANGES] North Carolina ??. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, all in favor of the passage of Senate Joint Resolution 7 on its third reading will stand. Senate Joint Resolution 7 passes on its third reading.

Will be sent to the House by special messenger. While we have everyone standing I'd like to, uh extend courtesies of the gallery on recommendation and motion of Senator Randleman for Senator [East's?] daughter. [Gina Southern?] and her husband [Micky?] if you'll please stand, Surry County Sheriff Graham Atkinson's wife [Mellissa?] and son [Hugh?] Atkinson. Surry County Commissioners [Buck Gordon?] and [Larry Phillips?], and guest [Joe Turintine?]. Thank you for sharing Don with us. [applause] Thank you. Mr. President. Senator Brunstetter for what purpose do you rise? A series of motions. Senator has the floor. State your motions. Thank you Mr. President, first motion's related to today's calendar House Bill 26, strengthen laws vehicle theft. Ask that it be removed from today's calendar and refer to the Committee on Rules. Without objection so ordered. House Bill 107, Eastern Region Disbursement of Funds, would move that it be recalled from the Committee on Rules and re-referred to the Committee on Appropriations based budget. Without objection so ordered. And Senate Joint Resolution 15, honor Gene Preston, would ask that it be removed from the Committee on Rules and re-referred to the Committee on Education. Without objection so ordered. So I think that brings us to House Bill 122, is that correct? [silence] Is that right? [silence] Okay, House Bill 122, the Court will read. House Bill 122 [ameaning to Lockebury appeal family law?] Senator Goolsby to explain the Bill. Thank you Mr. President, this allows appeals from divorce orders or judgments that divorce child custody support court alimony and equitable contribution. It allows you to appeal separate parts of those orders up to the Court of Appeals. You don't have to wait for a final judgment in all those matters. That was brought to us by the Law Association, is considered very important by many, or, I guess most of our family lawyers who are in the State, as I understand it from the phone calls I've received. Additionally it also adjusts the requirements regarding confidentiality in judicial standards commission. I'd appreciate your support of the bill and be happy to try to answer and questions you might have. Any further discussion or debate? Hearing none. Question for the Senate is the passage of House Bill 122 on its second reading. All those in favor will vote aye, opposed will vote no. Five seconds will be allowed for the voting and the Court will record the vote. 36 voting in the affirmative 14 in the negative. House Bill 122 passes its second reading and without objection will be read a third time. North Carolina [general assembly enact?] Further discussion or debate? Hearing none. All in favor of House Bill 122 on its third reading will say aye. Aye. Opposed no. No. The ayes have it, House Bill 122 passes its third reading and will be sent to the House for concurrence. That brings House Bill 656. House Bill 656, Forfeiture for Speeding to Elude Revisions. Oh yeah. Mr. President. Senator Randleman to explain the Bill. Thank you Mr. President. Members, in 2011 both chambers passed legislation to make speeding to elude arrest crimes a felony and set up a procedure for forfeiture and sale of those vehicles. That legislation included language that was already in place for the forfeiture of vehicles seized in prearranged racing. These procedures

…are complicated and seldom used and do not work well for this situation. House Bill 656 removes the language from the pre-race, racing forfeiture procedure and places it with the procedure for the forfeiture of vehicles for impaired driving. The impaired driving procedures have worked well for many years and will be a better fit with the speeding-to-elude-arrest crimes. This Bill is supported by the Sheriff’s Association and I ask for your support. [SPEAKER CHANGES] Any further discussion or debate? Hearing none, the question before the Senate is the passage of House Bill 656 on its second reading. All in favor will vote, “Aye.” All opposed will vote, “No.” Five seconds will be allowed for the voting and the Clerk will record the vote. OK, House Bill 656 on its second reading passes 50 in the affirmative, zero in the negative and will without objection be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Is there further discussion or debate? Hearing none, all in favor of the passage of House Bill 656 on its third reading will say, “Aye.” [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed, “No.” The ayes have it and House Bill 656 will be sent to the House for concurrence. House Bill 727. [SPEAKER CHANGES] House Bill 727 on an, “Alt. Procedure for Obtaining Salvage Title.” [SPEAKER CHANGES] Senator Rabin to explain the Bill. [SPEAKER CHANGES] Thank you, Mr. President. Members, House Bill 727 is a method whereby a salvage company can obtain a title to a salvaged vehicle if the title is not turned over to them by the owner in a timely fashion. Mr. President? [SPEAKER CHANGES] Senator? [SPEAKER CHANGES] I’d like to send forth an amendment for this, please. [SPEAKER CHANGES] Send forth your amendment. Do we have it on a dashboard? [SPEAKER CHANGES] Yes. [SPEAKER CHANGES] It is on a dashboard. The Clerk will read. [SPEAKER CHANGES] Senator Rabin moves to amend the Bill. [SPEAKER CHANGES] Senator Rabin, you have the floor to explain the amendment. [SPEAKER CHANGES] Thank you, Mr. President. This amendment has three parts. The first part amends the Bill that I just was describing and mentions it only. The second part of the Bill is about brownfields and this reduces the number of acres required to have brownfield cleanup, which was arbitrarily set at 25, to any acreage. There are many, many brownfields in this state that are less than 25 acres in total and right now our law just has a 25-acre minimum. No one can go back and that was why that was put there. But it does prohibit developers and municipalities or counties from cleaning up say an old filling station or something like that. It’s just something that was in the law that we found in the City of Wilmington that was contrary to what the City would like to do as they go forward. I think in about 60-something sites, 53 of the sites that they looked at in their plan were five acres or less. That simply allows that acreage to be smaller if it needs to be cleaned up. That’s the second part. The final part amends the statute of limitations for counties or municipalities to enforce zoning or unified development ordinances which requires them to bring action within 10 years of an offense. Currently there’s not a statute of limitations, so things can go on for years and years and years. So, they must bring action against a break in an ordinance within 10 years. I’ll be happy to answer a question, Senator Nesbitt. [SPEAKER CHANGES] Discussion or debate on amendment one to House Bill 727? Senator Nesbitt, for what purpose do you rise? [SPEAKER CHANGES] Thank you, Mr. President and Members of the Senate. My members are wearing me out back here thinking he had the wrong Bill and then I said, “No, unfortunately, I think he’s got the right Bill, just the wrong subject.” If I’m hearing this…

We’re adding two totally unrelated items to this bill. That, I mean this is a Salvage Title Bill. I didn’t see anything else in it. I don’t know whether now’s the time to try to pull it so that everybody can read the amendment or after the amendment passes. I don’t think anybody knows what they’re doing on the amendment in here right now. [SPEAKER CHANGES] Object to third reading, perhaps? [SPEAKER CHANGES] I could object to third reading but that would be, let me try one other motion, Mr. President and that would be that the bill and the pending amendment be taken off the calendar and recalendared for tomorrow. [SPEAKER CHANGES] Mr. President. I would suggest to the bill sponsor that he pull his amendment right now, go through second reading, let you object the third reading and you can look at the amendment tonight and do third reading tomorrow. [SPEAKER CHANGES] Senator Rabin? [SPEAKER CHANGES] Certainly, no problem at all with that. [SPEAKER CHANGES] Okay, so amendment 1 has been withdrawn. That puts House Bill 727 for second reading before us. Further discussion or debate? Hearing none, the question before the Senate is passage of House Bill 727 on its second reading. All those in favor will vote aye, all opposed will vote no. Five minutes be recorded, allowed for voting and the clerk will record the vote. House Bill 727 passes its second reading and will be held over for third reading tomorrow. That brings us to House Bill 784. [SPEAKER CHANGES] House Bill 784 Worthless Check Present Cash Check [SPEAKER CHANGES] Senator Rabin has the floor to explain the bill. [SPEAKER CHANGES] Thank you Mr. President, this bill really covers two quick business arrangements. It times the first one’s bill with the times when the technology gets out ahead of the law. Right now we have a new scam going on whereby people who receive a check can take a picture of it on their iPhone or any other intelligent phone, send it to the bank and get credit for it in their bank account and then ?? to the small business that doesn’t have a lot of electronic means and get the check cashed so they get dual compensation. The problem is the small business isn’t protected by the current law regarding bounced checks. This simply fixes that issue. The second issue deals with when magistrates get checks to deal with the legalities involved in a charge that deals with bad checks, they can’t deal with this sort of an issue and it fixes that also it gives, this bill gives names and guidance to the magistrates and how to deal with that problem. I commend you to pass the bill but I do have an amendment technical to send forward. [SPEAKER CHANGES] Senator sent forth your amendment. [SPEAKER CHANGES] Its in, it’s on the dashboard. [SPEAKER CHANGES] Clerk will read. [SPEAKER CHANGES] Senator Rabin from Harnett moves to amend the bill. [SPEAKER CHANGES] Senator Rabin? [SPEAKER CHANGES] It’s a simple amendment that takes one of the words out of the litany of bad check world. It’s a, it says wrong bank, you can’t punish a person for making a mistake and sending their check to the wrong bank so we just took wrong bank out of the words that describe what bad checks are all about. [SPEAKER CHANGES] Discussion or debate on Amendment 1 on House Bill 784? Hearing none, the question before the body is the adoption of Amendment 1, 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. [SPEAKER CHANGES] I’m voting aye, I just. [SPEAKER CHANGES] Are you sure about that Senator? [SPEAKER CHANGES] I think so it’s just one of those days where I’ve already had enough ?? I don’t need more. [SPEAKER CHANGES] Senator Rabin’s voted aye and that’s totally understand. [SPEAKER CHANGES] 50 have voted in the affirmative, none in the negative Amendment 1 is adopted. That brings House Bill 784 as amended before us for it second reading. Any further discussion or debate? Hearing none, House Bill 784 is before us on its second reading. All those in favor.

[Speaker Change] Will vote aye. Any opposed will vote no. Five seconds will be allowed for the voting and the clerk will record the vote. [Speaker Change] I got it right that time. This, this is pretty complicated for an older person. All this technology here. Thank you. [Speaker Change] Very good. Senator Rayburn would be very happy. Alright. Fifty have voted in the affirmative. Zero in the negative. House Bill seven eighty four passes its second reading and without objection, will be read a third time. [Speaker Change] North Carolina General Assembly enacts. [Speaker Change] Any further discussion or debate? Hearing none, all in favor of the passage of House Bill seven eight four on its third reading will say aye. Opposed no. The ayes have it. House Bill seven eighty four passes its third reading and will be sent to the House for concurrence. Amendment engrossed. Okay, that brings us to House Bill two forty three, conference report. [Speaker Change] House Bill two forty three. Leens self-storage facility. [Speaker Change] Senator Brown’s recognized to explain the conference report. [Speaker Change] Thank you Mr. President. Conference committee accepted our version of the Bill so I ask you vote for the conference report. [Speaker Change] Senator Brown moves that we vote for the conference report on House Bill two forty three. Question before the body is the adoption of said report. Again Senator Brown asks everyone to vote aye. All those in favor vote aye. Opposed no. Five seconds will be allowed for the voting and the clerk will record the vote. Thirty two voting in the [??]. Conference report for House Bill two forty three passes and the conference report will be, and notify the House. [Speaker Change] Mr. President. [Speaker Change] Senator Kinnaird. [Speaker Change] I’m sorry would you please change my vote to no from aye. [Speaker Change] Yes ma’am. [Speaker Change] Mr. President. [Speaker Change] Senator Bingham. [Speaker Change] I don’t want to ask to change my vote but I mashed the button and I didn’t get to vote but I wouldn’t mind voting aye. [Speaker Change] Senator Bingham votes aye. Senator Bingham, under rule twenty nine, you didn’t vote on that. You’re not allowed to. Okay. Unless you want to violate it. Okay, give me the count now. Okay. Conference report, House Bill two forty three passes. Thirty one in the favor, in favor, and sixteen in the negative. House will be notified. Notices and announcements. Senator Jenkins, how did I miss you over there? What purpose do you rise? [Speaker Change] Sir I ask the President to pose him a question. [Speaker Change] Go ahead. [Speaker Change] I yield. [Speaker Change] Senator Burger, some of us are concerned about the welfare of our Lieutenant Governor giving the presiding officer today. There’s nothing wrong with his health. The welfare is it? [Speaker Change] There is none to my knowledge and I would say that this is a test run and we’ll issue grades as we move forward. [Speaker Change] Senator Brown, what purpose do you rise? [Speaker Change] An announcement. [Speaker Change] Senator has the floor. [Speaker Change] Republicans will caucus immediately after session. [Speaker Change] Senator Nesbitt, what purpose do you rise? [Speaker Change] Thank you Mr. President. The Democrats will caucuses immediately after session. [Speaker Change] Will Senator Nesbitt yield to a question? [Speaker Change] Ye sir, I’ll yield. [Speaker Change] Will you see what you could do with Senator Jenkins tailor please? [Speaker Change] That’s all well above my pay grade. All of ours. [Speaker Change] Any further business? I think not. Okay, Chair recognizes Senator Burger for a motion. [Speaker Change] Thank you Mr. President. I move the Senate do now adjourn. Subject to committee reports, the receipt and re-referral of passages from the House, and the Governor of the re-referral of Bills, resolutions, and the ratification of Bills. Reconvene on Wednesday June Nineteen, Two Thousand Thirteen, two pm. [Speaker Change] The motion is that the Senate do now adjourn subject to the stipulations stated by Senator Burger. To reconvene Wednesday June Nineteen at two o’clock. Seconded by Senator Jenkins. All those in favor say aye. No, opposed no. The ayes have it and the Senate stands adjourned.