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Senate | June 20, 2013 | Chamber | Session

Full MP3 Audio File

The Senate will come to order, the sergeant at arms will close the door. Members will go to their seats, members and guests of the gallery, will please silence all electronic devices. Leading this Senate in prayer today is the Reverend Peter Milner, Senate Chaplain, all members and guests of the gallery will please stand. [SPEAKER CHANGES] Let's pray. Blessed be the Lord, who in his mercy visits us like the day spring from on high. Bless you Lord, for being a light to those shadowed by death. Bless you Lord, for being a guide for our feet on the way to peace. For today in 1782, congress adopted our great seal in this nation. A seal of hope, and a seal that witness to your providence and may that providence favor our undertakings and give us hope. And may you, Lord, and Father, give us proper humility in our own lives, as we, the members of this historical body of a great nation, honor you, in Christ's name we pray, Amen. [SPEAKER CHANGES] Senator Apodaca is recognized for a motion. [SPEAKER CHANGES] Mr President, John Lewinski, June 19th 2013 has been examined and is found to be correct. I move that the Senate dispense of the rating of the journal and that it stand approved as written. [SPEAKER CHANGES] With that objection, the journal for June 19th stands approved as written. Members leaves of absence are granted for Senator's Newton, Robinson, Ford, and Jenkins. Members of the Senate, our nurse of the day today is Janice Garner of Clayton, North Carolina. Janice, we thank you for your service and we appreciate your helping the Senate with any ills that may occur as the day goes on. Thank you very much. Members, I believe we're ready to move into the calendar. Unless there's something else anyone has, if not, House bill 143, Clerk will read. [SPEAKER CHANGES] House bill 143, Eden Payment in Lieu of Taxes. [SPEAKER CHANGES] Members, this is a roll call local bill, is there any discussion or debate? ?? Question for the Senate, is the passage of House Bill 143 on it's second reading, all in favor will vote aye, all opposed no. Five seconds will be allowed for the voting. Clerk will record the vote. A barefoot, aye. Bryant, aye. Cook, aye. Barringer, aye. Curtis, aye. Daniel, aye. Anybody else want in on this? 43 having voted in the affimative, and none in the negative. House Bill 143 passes it's second reading and will remain on the calendar. House Bill 261 [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] How about a motion, Mr. President? [SPEAKER CHANGES] Suits me. [SPEAKER CHANGES] Ok, Mr. President. House Bill 261 Kannapolis/Deannexation, House Bill 302 Repeal/Kannapolis/Deannexation, House Bill 412 Eden/Duke Energy/Annexation Agreement, House Bill 421 Marshville Deannexation, House Bill 526 Chadbourn Voluntary Annexation, 553 Amend Carteret County Occupancy Tax, and House Bill 567 Lumberton Deannexation. I move that all those be placed for a blocked vote. [SPEAKER CHANGES] ?? [SPEAKER CHANGES] Vocal roll call. [SPEAKER CHANGES] Senatar Apodaca, and members of the Senate, the clerk advised

houses that the only way we can do roll call votes as a block vote is if everybody is going to hold hands and vote exactly the same way on every one of them. [SPEAKER CHANGES] I haven't heard an objection yet. Senator Nesbitt, you okay with this? Note that the minority leader has nodded his objection--I'm sorry, his consent. [SPEAKER CHANGES] No, no. [SPEAKER CHANGES] Sorry, Senator Nesbitt, force of habit. [SPEAKER CHANGES] Mr. President, I still had one or two friends left in here until you said that. I know of no objection on the back row to any of these. If so, the members ought to make a motion to pull them out of a block vote, and then we can do the rest of them. [SPEAKER CHANGES] So ordered. I think the clerk is happy at this point. So at this point, House Bill 261, House Bill 302, House Bill 412, House Bill 421, House Bill 526, House Bill 553, House Bill 567. The clerk will read. [SPEAKER CHANGES] House Bill 261, Kannapolis Deannexation. House Bill 302, Repeal Kannapolis Annexation. House Bill 412, Eden/Duke Energy/Annexation Agreement. House Bill 421, Marshville Deannexation. House Bill 526, Chadbourn Voluntary Annexation. House Bill 553, Amend Carteret County Occupancy Tax. House Bill 567, Lumberton Deannexation. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] We've had a case of heartburn develop on House Bill 553. We'll vote that separately. All the others are fine to roll. [SPEAKER CHANGES] We will vote House Bill 553 separately. However, and I think the Board has corrected. House Bill. Members of the Senate, House Bill 261, House Bill 302, House Bill 412, House Bill 421, House Bill 526, House Bill 567 are before on second reading roll call. All in favor will vote aye. All opposed vote no. Five seconds will be allowed for the voting. The clerk will record the vote: 46 having voted in the affirmative and none in the negative, House Bill 261, House Bill 302, House Bill 412, House Bill 421, House Bill 526, and House Bill 567 have passed their second reading and will remain on the calendar. House Bill 553. The clerk will read. [SPEAKER CHANGES] House Bill 553, Amend Carteret County Occupancy Tax. [SPEAKER CHANGES] Is there further discussion or any discussion or debate on House Bill 553? Hearing none, the question for the Senate is the passage of House Bill 553 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. Barefoot, aye. Clark, aye. Bryant, aye, and Clark, aye. Kinnaird, aye. Anybody else? Forty having voted in the affirmative and six in the negative, House Bill 553 passes its second reading and will remain on the calendar. Ratification of bills. The clerk will read. [SPEAKER CHANGES] Enrolled bills. Enrolled clerk reports the following bills duly ratified for presentation to the governor. Senate Bill 285, an act to eliminate the requirement that would come into effect on July 1, 2013, that a laboratory providing chemical analyses under G.S. 20-139.1 be accredited by an accrediting body that is a signatory to the International Laboratory Accreditation Cooperation (ILAC) mutual recognition arrangement and to clarify that the results of chemical analysis of blood or urine from all hospital laboratories in North Carolina that are approved by the Department of Health and Human Services pursuant to the Clinical Laboratory Improvement Amendments of 1988 (CLIA) program are admissible as evidence. Senate Bill 336, an act requiring the Divisions of Medical Assistance and Public Health within the Department of Health and Human Services, and the State Health Plan Division within the Department of the State Treasurer, to coordinate the diabetes programs they each administer; to each develop plans to reduce the incidence of diabetes, to improve care, and to control complications; and to report to the

Legislative Oversight Committee on Health and Human Services in the Fiscal Research Division. Senate Bill 461: An Act to require the Div. Motor Vehicles to allow third-party, commercial driver's license skill testing any day of the week, to extend the validity of a temporary driving certificate issued to an applicant for a commercial driver's license to 60 days. House Bill 686: An Act to rename the North Carolina Seafood Industrial Park Authority to reflect its broader mission and to make other modifications to the Authority's enabling legislation. House Bill 830: An Act that will adopt an official state fossil, frog, salamander, marsupial, folk art and art medium. The following bills and resolution duly ratified and properly enrolled will be presented to the Office of Secretary of State. House Bill 140: An Act to allow the City of Lowell to regulate utility vehicles. House Bill 305: An Act amending the charter of the Town of Chapel Hill to authorize the town to ?? economic development projects ?? not the in town's downtown area. House Bill 326: An act requiring the consent of Rutherford county before land in the county may be condemned or acquired by a unit of local government outside of the county. House Bill 354: An act authorizing two county commissioners to serve on the board of Asheville-Buncombe Technical Community College. House Bill 408: An Act ?? the discharge of firearms or bow and arrow from the right-of-way Beaufort county. House Bill 427: An Act amending the charter of the town of Middlesex to extend the term of office of the Mayor from two to four years. House Bill 562: An Act to revise and consolidate charter of the town of Cramerton ?. Senate Joint Resolution: A Joint Resolution honoring the life and memory of Jean ? Rouse? Preston, former member of the General Assembly. [PAUSE] [SPEAKER CHANGES] Members of the Senate, we have two non-roll-call local bills -- House Bill 229, House Bill 234. Is there any objection to voting those together? Hearing none -- [SPEAKER CHANGES] Mr. Chairman -- [SPEAKER CHANGES] Mr. President -- [SPEAKER CHANGES] Sen. Apodaca, for purpose do you rise? [SPEAKER CHANGES] I'd really be concerned about House Bill 229. Looks to me like it might raise a fee. We might ought to vote that separately. Put 'em together, I guess. [PAUSE] [SPEAKER CHANGES] Okay, House Bill 229, House Bill 234. The Clerk will read. [SPEAKER CHANGES] House Bill 229: Holden Beach Canal Dredging District 3. House Bill 234: Clarify pending county ABC laws. [SPEAKER CHANGES] Is there discussion or debate on House Bill 229 or House Bill 234? Hearing none, the question before the Senate is the passage of House Bill 229 and House Bill 234 on their second reading. All in favor will say Aye. [AYES ANSWER] All opposed No. [NOS ANSWERS] The ayes have it, and House Bill 229 and House Bill 234 have passed their second reading and will without objection be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts?. [SPEAKER CHANGES] Further discussion or debate? Hearing none, the question before the Senate is the passage on third reading of House Bill 229 and House Bill 234. All in favor will say Aye. [AYES ANSWER] All opposed No. [NOS ANSWERS] The ayes have it, and House Bill 229 and House Bill 234 have passed their third reading and will be enrolled. Let the record reflect that Sen. Newton is now in the Chamber. Second reading roll-call: Senate Bill 328. The Clerk will read. [SPEAKER CHANGES] Senate Bill 328: Solid Waste Management Reform Act of 2013. [SPEAKER CHANGES] Sen. Wade is recognized. [SPEAKER CHANGES] Thank you, Mr. President. This is an attempt to do something about the decreasing capacity of landfills in North Carolina. If you talk with the industry, they'll say there's 15-20 years left. I know some say there's 30. It depends on the area you're in. If you have a landfill that has 40 years of life left on it, and let's say you're in the mountains, and yet you're at the coast, and you have five years left on your landfill, certainly it's not going to be realistic to truck the waste from Maneo ? to the mountains. So we have to look at it as a whole, and the industry says that we have 15-20 years left of space. And this bill is put forth in hopes of letting the landfills be created in strategic places where the community wants them. I will emphasize that you cannot site any landfill without having a franchise [CUTS OFF]

Agreement with the local government. So any of you that are worried about it going into your area, the local government will have to agree to a franchise, and in that franchise they can say what capacity you can - how much you can put in there, and they can make other stipulations. So there is a safeguard in place and I want everyone to know that. But we haven't cited any landfills in North Carolina in the last 15 to 20 years and especially since 2007. This is an attempt to look towards the future and make preparation for our children, instead of waiting until we don't have any space anymore and we don't want to end up like our Northern neighbors and put it on a barge outside on the coast. This bill has gone through ag [SP] and it's also gone through finance. And [??] fully supports it and I'll be glad to answer any questions. And I would ask for your support today. And I will say there will be opposition to third reading. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Pate what purpose do you rise? [SPEAKER CHANGES] To see if the lady would yield to a question. [SPEAKER CHANGES] Senator Wade do you yield? [SPEAKER CHANGES] Yes sir I do. [SPEAKER CHANGES] She yields. [SPEAKER CHANGES] Senator Wade, if a landfill - you say the local government has to approve it or grant some sort of approval for that landfill, if it's going to be near the border of one county that has jurisdiction but is very close to the border of another county would they have any jurisdiction or any say so whatsoever in the siting of that facility? [SPEAKER CHANGES] It would be the franchise agreement in North Carolina that we have control over, we wouldn't have any control over another state, and I would imagine if they were also going into that state then their state government would have control over that. [SPEAKER CHANGES] Follow-up. [SPEAKER CHANGES] She yields. [SPEAKER CHANGES] The question was about in the corner of a county where there are several bordering counties within North Carolina, would the other counties have any say so? [SPEAKER CHANGES] I would imagine if it touches in other counties they would also be included in the franchise agreement because you're in that area and I would say local governments all have a say in that. [SPEAKER CHANGES] You say there's gonna be objection to third reading? [SPEAKER CHANGES] follow-up? [SPEAKER CHANGES] I'm sorry sir, follow-up. [SPEAKER CHANGES] She yields. [SPEAKER CHANGES] Yes Senator Cook we have an amendment we're working on and we're gonna have opposition in the third reading so there will be a chance to douvble check on that for you Senator Pate. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] I would move for the record that this is a role call bill so it will be set on another day for a third reading. [SPEAKER CHANGES] Senator Kinnaird for what purpose do you rise? [SPEAKER CHANGES] To speak to the bill. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Thank you Mr. Chair, Mr. President. Senator Wade spoke about New York and New Jersey having trouble disposing of their garbage, in 2007 that's exactly what was going to happen to North Carolina. The garbage form New York and New Jersey was going to come down to five sites that had been selected by the industry to take this garbage. Now we couldn't prevent that because of the commerce clause of the United States Constitution, anything coming across borders cannot be prohibited from coming into that state because it's commerce, and garbage is commerce unfortunately. So when these five sites were selected and we heard what was going to happen, enjoying this garbage form New York and New Jersey we found that the description of these would be that they would be 300 feet tall, several football fields wide, and they do this by the way in Florida and I understand from my intern who lived there that you can see these for miles. And more disturbingly two of these were at sea level which means that any [??] could possible contaminate those areas. Well we do not want to truck our garbage from Manteo to Murphy, but we also do not want to take all of this garbage in. So in order to try to protect our neighborhoods, our schools, our nursing homes, our parks, our wildlife areas, our hunting areas, we were able to provide buffers that protected that. Now in this bill we are removing all of those. I heard in the committee...

After another, "repeal this", "repeal that", "repeal the other", and so all of these measures that were protecting these places, these sensitive places, are repealed in this bill. And of course, what happens is these end up in low-income, minority communities. They're not going to be built in your neighborhood and my neighborhood; we know where they're going to end up. And when I talked about that, the answer was, we do not want to deprive these people of jobs. A landfill is a job? First of all, there are very few people who actually do a landfill, work on a landfill. But besides that, are these the jobs we want for our communities? Why not high-tech jobs, why aren't we looking for high-tech jobs? Why aren't we looking for MetLife? So, I think that this is really a very big step backwards. We need to be reducing waste. In Orange County, we have reduced our waste such that we have 64% of our waste is recycled. We're about to study "pay as you throw", so that that further incentivizes people. And I'm very concerned over what this will do to our beautiful state and to our sensitive areas and especially to our neighborhoods and our communities. I urge you to vote against this bill. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Cook, for what purpose do you rise? [SPEAKER CHANGES] I would like to speak to the bill. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] I, first of all, want to say thank you to the sponsors of this bill, I think this is a needed bill. I used to work for an electric utility and it always amazed me that everybody wants electricity, but you try to build a substation and see where you're gonna to put it. Nobody wants it. That's the same way with this bill. We have to get rid of our trash, we gotta do something, so to stick our head in the sand and worry about pie-in-the-sky future possibilities where there won't be any trash doesn't seem to me a viable option. However, I represent several counties, one of them is Camden, and they have a concern with this bill, and the sponsors of this bill were gracious enough to allow me to work with them and come up with some sort of a compromise for the folks of Camden. And so, towards that goal, I will object at third reading. [SPEAKER CHANGES] Senator Brown, for what purpose do you rise? [SPEAKER CHANGES] Speak to the bill. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Thank you, Mr. President. Senator Kinnaird, I wanted to address a couple issues that Senator Kinnaird had on the bill. The heighth and area of these landfills that were in the 2007 bill do not change in this particular bill, those are still in place. So I think that addresses one of the major concerns that you had about the bill. I think, too, an important piece of this is the safeguards that are put in the bill that, in order to get a franchise, you do have to go through local government to get that franchise. So local governments will make that decision on whether to allow these landfills to take place. And, as you know, this isn't a three or six month proposition; it normally takes five to ten years to get through the process to even put one of these in place. And I think that really addresses the key issue that we're talking about, is as space becomes less and less available because of the bill we passed in 2007 with the buffer requirements that were put in place, you've seen that there's no landfills been permitted since that bill was created. Because it was so stringent, you can't permit one in North Carolina any longer, because the buffers were so tight. We worked with DENR on this bill all the way through. They were at the table, working through it to make sure we had safeguards in place. In committee, they talked about supporting the bill, when we ran it through committee the other day. I think we've done everything we can to address the issues on this. I actually have an issue that the military has brought forth to me that we'll continue to work on as we move this bill forward. But doing nothing I don't think is a solution to this problem. Again, I think we've tried to be careful as we've crafted this bill, we've listened to all the concerns as we've moved forward, and we'll continue to listen to those concerns, but I think we have to do something to allow some of these landfills to be built in North Carolina. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Kinnaird, for what purpose do you rise? [SPEAKER CHANGES] To ask Senator Brown a question. [SPEAKER CHANGES] Senator Brown, do you yield? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] What if the industry wants to bring garbage from New York and New Jersey on those barges? [SPEAKER CHANGES] Senator Kinnaird, I think that is an issue that's a local issue. To be quite honest. I think if a local community or county

sees that as an opportunity for them, you know I think that's a decision they would have to make. I think most counties in this state would probably decide not to do that. I know my county probably would. I think your county would. But I'm not so sure that I can speak for every single county. Plus with the commerce clause I'm not sure you can keep that from happening anyway. So, you know, that's an issue that's a little bit more difficult to address completely but at the same time, not allowing any landfills to be permitted surely isn't an answer. Mr. President. Senator Tucker, for what purpose do you rise? Thank you sir, to ask Senator Kinnaird a question. Senator Kinnaird do you yield? I do. She yields. Senator Kinnaird , you said in Orange County that 62% of the trash that you have or waste is recyclable. Do you have a landfill in Orange County? What do you do with the balance of that 38% of the trash? Or is it like Union County and shipped to another county in North Carolina? Mr. Chair, Mr. President. You have the floor to answer. You are right. We do not have one. Which is why we are going to 64%. And the reason we are closing our landfill is that it is in a poor minority neighborhood that have lived with it for 30 or 40 years. And what we're looking at is pay as you throw, so that we can reduce that to perhaps 10%. And you are right, we are sending it to, unfortunately, Durham, which sends it unfortunately to Randolph County. And I think this is something that we as a nation and especially as a state have to start committing ourselves to. How much can we reduce our waste so that we're not-- and especially we don't want to take waste in from New York and New Jersey. They produce a lot of waste. Thank you Senator Kinnaird . Just, Mr. President. Senator Tucker, for what purpose do you rise? Just to speak to the bill. You have the floor. Ladies and gentlemen, it's been about 15 years since we have put a landfill anywhere in North Carolina. Wanna make you aware that there is technology available, the term is called gassifier. And what they're doing is with the exception of two materials, they can burn all of our trash. They have technology available to scrub the air, to clean it up. And the gas off of burning the trash is uh, put back on uh, the grid. They, they can put a generator beside it and generate electricity. So I think with the technology moving forward, the likelihood of another landfill in North Carolina, without going to this technology because nobody wants it, is gonna be there. And they are high paying jobs, they are running high tech equipment that um, will burn our trash and will create energy. And so, I will certainly support this bill because we gotta take these measures now, but in the future I don't think we're gonna be discussing landfills that much. Thank you. Mr. President. Senator McKissick, for what purpose do you rise? To speak on the bill. You have the floor. I'm disappointed to see the bill before us this time. Uh, we certainly don't have any shortage of capacity in landfills that presently exist in the state. I hate to see us going in, revising our regulations, and doing it in a way that essentially incentivizes the creation of landfills, particularly in some coastal counties, that will become dumping grounds from trash, large cities in the Northeast. I don't think that's what we wanna do. It's not gonna create any kind of magnet for growth and development and it certainly isn't going to create any high paying jobs of the type and quality that we want in some of these rural areas. We look at the buffers that are being compromised. There's really no reason to do that at the present time. If we look at the length of the permits being increased from 10 years up to potentially 30 years, there ought to be a more frequent cycle for periodic reviews. When we look at compromising the type of liners that are required today and putting in liners that will not perhaps provide the protection for groundwater. And particularly we're talking about coastal counties where their water table is higher and the aquifers are there. We need to take a deep, long, hard look at what we need to do. I'm not saying we might not wanna update. I'm not saying we might not wanna mend. If we wanna do that, then there's a right time and there's a right way to do it. But to go out there and to increase the length of these permits 300%, compromise the buffers that protect surrounding neighborhood, developments and in areas. Put in liners that may not be as strong and resistant

most of all, put them in particular wetlands environment fragile areas. I don't know what we're doing. I think it's going for two months in the wrong direction. I think it. we want to him thoughtfully, do some type of reason study to look at what we might do that somehow can't support but to go forth today with these wholesale revisions that do not provide the type of environment protections that we need we been told by Peter that are landfill capacity is fine right now we're not running out of space the wrong thing to do at the wrong time. [SPEAKER CHANGES]. further processor to the centre [SPEAKER CHANGES]. does with what purpose Iraq- the filing work sender by only over question that around deal. I will field sender by allowing grading here on page seven in the complaint, the strike paragraph that limits it says the department shall, but non- application. if the department finds that, and that says this among the finest construction or operation, the facility would result in significant bandwidth that ecological systems, natural resources, cultural sites recreation areas are short sites of more than local significance. that means it would affect the surrounding communities, not necessarily categories: these ways include but are not limited to have foresight park for forest wilderness areas of storage site for recreation areas, segments of the natural scenic River system, wildlife refuges, reserves and management areas, areas, and provide habitat for threatened species. it's a him, including critical fisheries habitat designated by the Marine fisheries commission. it appears to me that in the along we were trying to protect those things that we all cherish about the state and tried to protect herself from her nightmares to some degree when they might do something that would impact of all these things that we all treasure and you don't. you we just struck that out of the law [SPEAKER CHANGES]. is codified and I think we address these issues and another piece of the deal, and I'm try on the family made the end centre laid his room is a is him sick, I can find you real quick. Mister President, are the only significant dog you have any objection to redirecting your questions is under way. none of the funds and residents are what you have floor to respond to the question at this present of [SPEAKER CHANGES]. the impact study that would be done by the department addresses all those issues and asked why was discussed with being an and as far as the liners. they haven't changed at all and had the only thing that changed was the cover, and if they hear appraised it on one land field than it should be able to use some of the landfill says the liners were not change the tenderness that will procure a [SPEAKER CHANGES]. yes, Mister President, I guess the speak to the bill and then, like in reply that you usually get you that Portugal do rather than those management question on the phone about water level and talking about covers. I want no money down, this paragraph phone eight seven that protects all the things that all of us miserable day off I went on the costly rage. I won't read the whole list is not been the man that I don't want to protect from the effects of landfill methane. the landfill does not impact any of these areas. let's one thing, but if it's going to impact these areas that are adjacent to it made a young somebody else's community. we had said Weiner won't permit and that was what America protect labor from labor and nine blue liners and Agnes, it would have something to do with it because that would

Do it, but you’re taking out the prohibition about permitting when this would occur. And I think any review by DENR ought to make sure that when they put one of these mountains, especially down on the coast, that somebody’s looking at all this to make sure we’re not destroying the things that make this state great and the things that we ought to cherish. [SPEAKER CHANGES] Further discussion or debate. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Wade, for what purpose do you rise? [SPEAKER CHANGES] To speak a second time on the bill. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] First, there’s an environmental impact study done before any permit is given by DENR. Second, every five years, that permit comes up for a review and they actually go out and do an inspection of the site to assure that the environment is safe. The other thing I would like to say is, there’s a saying that we all want our trash picked up, but we don’t want anybody to put it down. Well I have to say it’s our responsibility and it’s our responsibility for our children coming behind us to make sure there is a place and in this bill you will also notice there’s some inference to that they have to do, the landfilling industry has to do studies on gas to energy. They have to also see if they can use the methane gas and if they do, they have to pay some of that money back to the local government. There’s also waste energy research that has to be done, that certainly wasn’t addressed in the 2007 bill. I think this is a very good bill. I think this moves us forward for the future, and I would appreciate your support. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator ??, for what purpose do you rise? [SPEAKER CHANGES] To ask Senator Wade a question. [SPEAKER CHANGES] Senator Wade, do you yield? [SPEAKER CHANGES] Yes sir, I do. [SPEAKER CHANGES] She yields. [SPEAKER CHANGES] Thank you Mr. President. On page 7, line 23, the department shall deny an application for a permit for a solid waste management facility if the department finds that, we get down to 47, the proposed facility would be located in what a, and would obstruct what is a flood plain. Can these now be located in a flood plain? [SPEAKER CHANGES] Senator, I’m assured by the department that all those environmental impacts are addressed in the impact study that is done in the beginning. And it did not change anything about wetlands. [SPEAKER CHANGES] Further discussion or debate. Senator Nesbitt, for what purpose do you rise? [SPEAKER CHANGES] Speak a second time. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Thank you Mr. President. I think I want to assure everybody that it’s not covered by this other stuff. We put a prohibition in and said we were not going to destroy these treasures that we have in North Carolina, with landfills. I’ve used this example a long time ago, if I were freezing to death, I’d probably start burning my furniture. But I’m not going to do that tomorrow. I’m going to wait until somebody can tell me that’s what I need to do, before I start burning my furniture to stay alive. We’re not to the point in this state where we’ve got to start destroying wildlife refuges, natural heritage areas, the rivers that flow through this state, to build a landfill. And I don’t know why we can’t say we’re not going to do that, until somebody can come over here and prove to us we have to do that. If we get to the point where we’ve got to do that, we ought to know that as a body and make that decision. Okay, the rivers are going first, and then we’re going to give up the wildlife refuge, and we’ll find which ones we don’t need anymore and we’ll give them up. But just to strike this whole provision that is a prohibition against damaging any of these areas doesn’t make any sense to me at this time. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Speak on the bill. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] If I can, first let’s take a look at page 11, line 10. This might help Senator Kinnaird. Waste disposing in a sanitary landfill shall not be constructed within A, or excuse me 1, a hundred-year flood plain as shown on current flood plain maps, prepared pursuant to national flood insurance

This program. Alright, let’s go to page 12. Let’s come down to line five. No permit shall be issued, within 1500 feet at outermost boundary of a national park, state park, other component state park system, segment of natural and scenic river system, national wildlife refuge, critical fishery habitat created by designed by marine fisheries, and outstanding resource water designed by NC. I think that answers a couple of questions we had earlier, it is contained within the bill. [SPEAKER CHANGES] Further discussion or debate? Hearing none, question for the senate is the passage of the committee substitute to senate bill 328 on it’s 2nd reading, all in favor will vote Aye all opposed will vote no, five seconds will be allowed for the voting, The Clerk will record the vote. 28 having voted in the affirmative and 18 in the negative. Senate bill 328 has passed its 2nd reading and will remain on the calendar. Senate Bill 18 the clerk will read. [SPEAKER CHANGES] Senate Bill 18, Amend locksmith license act, raise fee ceiling [SPEAKER CHANGES] Senator Bingham is recognized [SPEAKER CHANGES] Thank you Mr. President, ladies and gentlemen of the senate. This is basically a consumer protection bill, what it does, it does some minor changes and allows the locksmith group to increase their fees if they wish or at least the ceiling, and this is an option. It will help the DA’s in prosecution of locksmith’s who do fraudulent acts, etc. in fake advertisements. I urge your support. I do believe Senator McLaurin wants to speak on this bill Mr. President. [SPEAKER CHANGES] Senator McLaurin, for what do you rise? [SPEAKER CHANGES] To speak on the bill [SPEAKER CHANGES] You have the floor [SPEAKER CHANGES] Thank you Mr. President, Thanks Senator Bingham. This is a good bill, I have talked to several locksmiths in my district, who support this, it raises the standards for locksmiths, a lot of them are, of course, involved in having access to confidential information. Health records, drugs, various other places, where we want to make sure that anybody that is performing these services is doing it in a way that the standards are high for those performing that service. So I commend Senator Bingham and I support the bill. Thank you. [SPEAKER CHANGES] Further discussion or debate? Hearing none. The question for the Senate is the passage of the committee substitute the Senate bill 18 on its 2nd reading. All in favor will vote Aye, all opposed will vote no. 5 seconds will be allowed for voting the clerk will record the vote. 46 having voted in the affirmative and one in the negative, Senator 18 passes it’s 2nd reading and will without objection be read a 3rd time. [SPEAKER CHANGES] North Carolina General Assembly enacts [SPEAKER CHANGES] Further discussion or debate? Hearing none. The question for the Senate is the passage on its 3rd reading of Senate bill 18. All in favor say Aye [SPEAKER CHANGES] Aye [SPEAKER CHANGES] All opposed say No. The Ayes have it. Senate bill 18 passes it’s 3rd reading and will be send to the house. Senate bill 305, Clerk will read. [SPEAKER CHANGES] Senate bill 305, DMV commission contract changes. Senator Tillman is recognized. [SPEAKER CHANGES] This bill attempts to rectify a situation that was brought about by recent legislation saying that property taxes would be collected at the time of registration changes and any transaction you are doing with the DMV, contracted tax agents. What was failed to be accounted for, was to pay these contract agents for doing this work that the counties had be doing. They will reap a huge benefit, because going from ninety-some percent of collection you will go to nearly 100 percent, because you don’t get your registration, you don’t pay your taxes, and somebody’s got to be there to answer the questions about why my property taxes are this that or the other, why are we doing it now, why are we doing it this way? It’s going to take time from all of those agents, they’ve not been compensated properly, many of those are on a thin margin already and some would close their doors

Now the county commission association earlier opposed this bill well I took it upon myself to call several county commission chairman and I said you’ll net a hundred million dollars approximately when we do it this way, you won’t need all the tax collecting people in your offices and you’ll come out with more money you’ll have to kick in a few million, very few, five or six million to start with, so your net gain is going to be great, I didn’t have a single one to say they were opposed to it after they understood that. So if you heard from the league of municipalities and the county commission association saying they were opposed, they were. You explained the bill to them and you will see them coming from a different direction. I’d ask for your support. [SPEAKER CHANGE] Further discussion or debate. Hearing none, the question for the Senate is the passage on the second reading of committee substitute for Senate Bill 305. All in favor will vote Aye all opposed will vote No. Five seconds will be allowed for the voting clerk to record the vote. Mark? Aye. Forty-six having voted in the affirmative and one in the negative. Senate Bill 305 passes its second reading and will, without objection, be read a third time. [SPEAKER CHANGE] North Carolina ?? Act [SPEAKER CHANGE] Further discussion or debate. Hearing none, question for the Senate is the passage of Senate Bill 305 on its third reading. All in favor will say Aye, all opposed No. The Ayes have it and Senate Bill 305 has passed its third reading and will be sent to the House. Senate Bill 407, the clerk will read. [SPEAKER CHANGE] Senate Bill 407 Electronic Vehicle Lean Title [SPEAKER CHANGE] Senator ?? is recognized. [SPEAKER CHANGE] Thank you Mr. President, members, this bill establishes an electronic vehicle lean titling bill for North Carolina, bringing us in line with the rest of states on the Eastern Seaboard. I know of no opposition I ask for your support. [SPEAKER CHANGE] Further discussion or debate. Hearing none, the question for the Senate is the passage of the the committee substitute to Senate Bill 407 on its second reading. All in favor will vote Aye all opposed will vote No. Five seconds will be allowed for the voting clerk to record the vote. ?? Aye. ?? Aye. Forty-seven having voted in the affirmative and none in the negative. Senate Bill 407 has passed its second reading and will, without objection, be read a third time. [SPEAKER CHANGE] North Carolina ?? Act [SPEAKER CHANGE] Further discussion or debate. Hearing none, question for the Senate is the passage of the committee substitute to Senate Bill 407 on its third reading. All in favor will say Aye, all opposed No. The Ayes have it and Senate Bill 407 has passed its third reading and will be sent to the House Bill. House Bill 249, the clerk will read. [SPEAKER CHANGE] House Bill 249 Substitute Teacher Deduction Personal Leave [SPEAKER CHANGE] Senator Tillman is recognized. [SPEAKER CHANGE] Up until now, if a teacher is out on a personal leave day there is at least a $75 deduction to pay for the substitute, many schools are not using this sub can’t find one or whatever, and they’re just splitting these kids up, and not having to use the subs so we’re saying that deduction would be returned to the teacher if no substitute is hired for that day I think that’s only fair and ?? [SPEAKER CHANGE] Further discussion or debate. Hearing none, the question for the Senate is the passage of the of the committee substitute to House Bill 249 on its second reading. All in favor will vote Aye all opposed will vote No. Five seconds will be allowed for the voting clerk will record the vote. Forty-seven having voted in the affirmative and none in the negative. House Bill 249 passes its second reading and will, without objection, be read a third time. [SPEAKER CHANGE] North Carolina ?? Act [SPEAKER CHANGE] Further discussion or debate. Hearing none, question for the Senate is the passage of the committee substitute to House Bill 249 on its third reading. All in favor will say Aye, all opposed No. The Ayes have it and House Bill 249 has passed its third reading and will be enrolled and sent to the Governor. Members of the Senate, House Bill 467 is the next item on our calendar I have Senator Robinson as the individual carrying that Bill. [SPEAKER CHANGE] Mr. President. [SPEAKER CHANGE] Over here Mr. President. [SPEAKER CHANGE] ?? You’re out of place. [SPEAKER CHANGE] Senator ?? what ?? [SPEAKER CHANGE] Mr. President, House Bill 467 residency notification, I ask that it be removed from today’s calendar and placed on the calendar six months before Christmas, or...

Be June 25th. [SPEAKER CHANGES] Without objection so ordered. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Bryant for what purpose do you rise? [SPEAKER CHANGES] I'd like to request that you change my vote on senate bill 18 to aye. [SPEAKER CHANGES] On senate bill 18 to aye. Count on that vote with that change is 47 in the favor and none opposed. [SPEAKER CHANGES] Thank you Mr. President. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator McKissick for what purpose do you rise? [SPEAKER CHANGES] Change my vote on senate bill 305 from nay to aye. [SPEAKER CHANGES] With that change that vote also is 47 to zero. [SPEAKER CHANGES] House bill 832, clerk will read. [SPEAKER CHANGES] House bill 832, expand pharmacists immunizing authority. [SPEAKER CHANGES] Senator Wade is recognized. [SPEAKER CHANGES] Thank you Mr. President. This bill passed the house unanimously. what it does is it allows pharmacists to give vaccines which helps with preventative health care and makes it more available to the public. And I would ask for your support for this bill. [SPEAKER CHANGES] Further discussion or debate? Hearing none, question before the senate is the passage of the senate committee substitute to house bill 832 on its second reading, all in favor will vote aye, all 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 none in the negative, senate committee substitute to house bill 832 has passed its second rereading and will without objection be read a third time. [SPEAKER CHANGES] North Carolina general assembly next. [SPEAKER CHANGES] Is there further discussion or debate? Hearing none, question before the senate is the passage of the senate committee substitute to house bill 832 on its third reading. All in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed no. The aye's have it and the senate committee substitute to house bill 832 has passed its third reading and will be sent to the House on the issue of concurrence in the senate committee substitute. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Apodaca for what purpose do you rise? [SPEAKER CHANGES] Multiple motions. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Thank you Mr. President, members. House bill 250, charter school enrollment, currently in a committee on rules, asked it to be removed and referred to committee on education. [SPEAKER CHANGES] So ordered. [SPEAKER CHANGES] House bill 285, amend respiratory care practice act, currently in committee on rules, asked to be removed from rules and referred to committee on health care. [SPEAKER CHANGES] Without objection so ordered. [SPEAKER CHANGES] Senate bill 305, DMV commission contract changes, currently voted out of senate [??] day, needs to be sent special messenger. [SPEAKER CHANGES] Without objection so ordered. [SPEAKER CHANGES] House bill 683, common sense consumption act, currently committee on rules, remove from rules and refer to committee on judiciary one. [SPEAKER CHANGES] Without objection so ordered. [SPEAKER CHANGES] One more. House bill 409, Shelby deannexation, committee on state and local government, move from there and send to committee on finance. [SPEAKER CHANGES] Without objection so ordered. Members of the senate it's time for us to say thanks to our pages who have served us during this week. Pages we appreciate your interest in your state government, we appreciate your willingness to come here and spend a week with the members of the senate and the staff. We hope that you have found that your experience is something that was rewarding for you. I am certain that it is something that will be remembered by you for a long time. So thank you very much for being here and thank you very much for helping us. Notices and announcements. Senator Brown for what purpose do you rise? [SPEAKER CHANGES] An announcement. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Republicans with caucus [??] meeting after session. [SPEAKER CHANGES] Senator Nesbitt for what purpose do you rise? [SPEAKER CHANGES] Thank you Mr. President, an announcement. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Brief caucus for the democrats after session. [SPEAKER CHANGES] Further notices and announcements? [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Pate for what purpose do you rise? [SPEAKER CHANGES] To announce some [??]. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Senator Burger points the following [??] on house bill 688. Amend continuing education requirements for certified well contractors. Senator Wade, chair, Senator Tillman, Senator Tucker, Senator Davis, that's Jim Davis. Senator Berger points the following [??] on senate bill 409, assess cost restraining orders. Senator Tarte, chair, Senator Daniel, Senator Goolsby, Senator...

Jim Davis. One more Mr. President. Senator Berger appoints the following conferees on house bill 649: "Small group health insurance technical changes". Senator Hise chair, Senator Meredith, Senator Jackson. And the final appointments are Senator Berger appoints the following conferees on house bill 255: "UNC tuition surcharge". Senator Soucek chairs, Senator Tillman, Senator Barefoot, Senator Curtis. Thank you Mr. president. [SPEAKER CHANGES] Is there anything further to come before the Senate? If not, Senator Pate is recognized for a motion. [SPEAKER CHANGES] Thank you Mr. President. I move that the Senate do now adjourn, subject to the receipt of committee re-referral of messages from the House, and the Governor. The re-referral of bills and resolutions, and the ratification of bills, to reconvene on Monday, June 24th, 2013 at 7pm. [SPEAKER CHANGES] The motion is that the Senate, now adjourned, subject to stipulation, stated by Senator Pate, to reconvene on Monday, June 24, at 7 pm, seconded by Senator Cook, all in favor will say aye, all opposed say no, the aye's have it, and the Senate stands adjourned. ?? ??