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Senate | June 27, 2013 | Chamber | Session

Full MP3 Audio File

Senator Berger is recognized for a motion. [SPEAKER CHANGES] Thank you, Mr. President. The journal of Wednesday, June the 26th, 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 26th stands approved as written. Senators, we have a leave of absence today granted for Senators Jenkins, Clodfelter, Blue, and Hartsell. Senators, upon the motion of Senator Angela Bryant of District 4, the Chair is happy to extend courtesies of the gallery to Warren County Senior Center citizens. If you're with us today please stand and be recognized. Thank you for being with us. [applause] Upon the motion of Senator Phil Berger of Rockingham County, the Chair is happy to extend courtesies of the gallery to North Carolina State University Chancellor Randy Woodson. Congratulations to NC State on the _US News and World Report_ recently published last week the ranking that NC State was number one land-grant institution granting the highest per centage of STEM degrees in the country. If Chancellor Woodson is with us, please stand and be recognized. [applause] Thank you so much, Chancellor. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Berger, for what purpose do you rise? [SPEAKER CHANGES] If I could, a moment of personal privilege out of order. Before the chancellor leaves to get back to his more pressing duties, I would just like to indicate for the members-- I dont know if you've seen the details of what our President just spoke about, but NC State was recognized as the number one land-grant institution in the nation for the granting of STEM degrees, and what that translates into is jobs for the graduates of NC State. We've got a lot to be proud of with our university system and with our universities. This is just another shining example of the good work that's going on at NC State and to go along with the other good work that's going on in our universities. So Chancellor Woodson, we appreciate everything that you and your staff and your students do every day for North Carolina and for NC State. [SPEAKER CHANGES] Thank you, Senator. [SPEAKER CHANGES] Ratification of bills, clerk will read. [SPEAKER CHANGES] Enrolled Bill. Enrollment clerk reports the following bills duly ratified for presentation to the governor: Senate Bill 205, an act to eliminate unncessary soil testing requirements and animal waste management plan. Senate Bill 613, an act to create the North Carolina Military Affairs Commission. Senate Bill 635, an act to clarify that only incumbent providers may construct a new electricity transmission line. House Bill 832, an act to protect the public's health by increasing access to immunization vaccines through the expanding role of immunizing pharmacists. And the following bills duly ratifed, properly enrolled, and presented to the office of the Secretary of State: House Bill 143, an act to allow the city of Eaton to negotiate annexation contracts. House Bill 302, an act repealing the annexation of certain described property by the city of Annapolis. House Bill 409, an act to remove certain described property from the corporate limits of the city of Shelby. House Bill 412, an act to authorize the city of Eaton to enter into an agreement for payments in lieu of annexation. House Bill 490, an act to change the manner of elections for the Lee County Board of Educators and for the city of Stanford to partisan. House Bill 544, an act amending the charter of the city of Wilmington to delete language that restricted the length of terms of a member of the Civil Service Commission. House Bill 551, an act to amend the act creating a firemen's benefit fund for firemen in the city of Wilmington as amended, and to modify the application of GS58-84-35 to the city of Wilmington. House Bill 553, an act to modify Carteret County's authority to levy an additional 1% ?? and tourism and developmoent tax, and to modify the distribution of the proceeds of the tax.

Do we have any reports of standing committees? Messages from the House. The Clerk will read. [SPEAKER CHANGES] Message from the House. Senate Bill 490 House Committee substitute received for concurrence…I’m sorry, received for concurrence, House Com Sub. [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Motion, Mr. President. [SPEAKER CHANGES] Senator Apodaca has the floor for a motion. [SPEAKER CHANGES] Mr. President, the Senate Bill the Reading Clerk just read in that came over from the House for concurrence, I ask that it be placed on today’s calendar for consideration. [SPEAKER CHANGES] Senator, do you want that at the front of the calendar? [SPEAKER CHANGES] Another motion, Mr. President. [SPEAKER CHANGES] Senator Apodaca has the floor for your motion. [SPEAKER CHANGES] Mr. President, on today’s calendar anything that begins with an H, anything that begins with an H, remove from today’s calendar and send to the Clerk’s office to rest until we want to see it again. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] Senator Apodaca, could you come to the dais, please? Senators, we’re going to go ahead and start with the vote for concurrence on Senate Bill 490. Senate Bill 490, the Clerk will read. [SPEAKER CHANGES] Senate Bill 490, “Exclude Custom Software from Property Tax.” [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Gunn, for what purpose do you rise? [SPEAKER CHANGES] To speak to the concurrence or… [SPEAKER CHANGES] Senator Gunn, you have the floor to speak to the bill. [SPEAKER CHANGES] I would ask the members to concur. We just extended out the date a year so that the counties have more time to prepare and I’d be glad to answer any questions. I ask for your concurrence. [SPEAKER CHANGES] Senator Gunn asks that you concur in the House Committee substitute. Is there any discussion or debate? Hearing none, the question before the Senate is concurrence in the House Committee substitute to Senate Bill 490. All in favor vote, “Aye.” Opposed will vote, “No.” Five seconds will be allowed for the voting. The Clerk will record the vote. Newton, aye. Brock, aye. 45 having voted in the affirmative and one in the negative, the Senate concurs in the House Committee substitute to Senate Bill 490. It will be enrolled and sent to the Governor. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Parmon, for what purpose do you rise? [SPEAKER CHANGES] I would like to be recorded as voting, “No,” please. [SPEAKER CHANGES] Change Senator Parmon’s vote to, “No.” Final count is 44 to two. Senators, we’re going to move on to public bills, non-roll call. Second reading Senate Bill 261, Clerk will read. [SPEAKER CHANGES] Senate Bill 261, “Sales Tax Refund for Regional Jails.” [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Walters is recognized. [SPEAKER CHANGES] Thank you members. This bill basically is two-county to allow Bertie and Martin County on their regional jail to get a sales tax refund. I ask for your support. [SPEAKER CHANGES] Is there any discussion or debate? Hearing none, the question before the Senate is the passage of Senate Bill…

61 on a second reading. All in favor will vote aye. Opposed to vote no. Five seconds will be allowed for voting and the clerk will record the vote. [SPEAKER CHANGES] Tucker aye. [SPEAKER CHANGES] 44 having voted in the affirmative and zero in the negative, Senate bill 261 passes its second reading. Without objection be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Any discussion or debate? Hearing none the question before the Senate is the passage of Senate bill 261 on its third reading. All in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed no. The ayes have it. Senate bill 261 passes its third reading and it will be sent to the House. Senate bill 485 the clerk will read. [SPEAKER CHANGES] Senate bill 485. UNC report e-commerce improvements. [SPEAKER CHANGES] Senator Apodaca’s recognized. Explain the bill. [SPEAKER CHANGES] Thank you Mr. President. Let me get. There we go. It’s not refreshing very quickly. Senator Allran are you okay over there? Okay. Good. Okay. Thank you Mr. President. Members this does basically three things. Number one, it takes care of some reports that the University found applicative, I love that word, and would like to only do one report instead of multiple. Also section two deals with e-commerce. And I have an amendment for that that brings everybody together. The treasurer’s office and the controller’s office. And section three deals with NC State University and some of the issues with their Greek housing and how it needs to be adjusted. And this is brought to us by the University. This is a consensus bill. I know of no objections to anything. And with that being said, I would like to send forth an amendment. [SPEAKER CHANGES] You send forth your amendment Senator. The clerk will read. [SPEAKER CHANGES] Senator Apodaca moves to amend the bill. [SPEAKER CHANGES] Senator Apodaca’s recognized to explain the amendment. [SPEAKER CHANGES] Thank you Mr. President, members. This is dealing with the electronic commerce provision of this bill. This was some language requested by the treasurer’s office and controller’s office to bring it into their compliance area. Like I said earlier I know of no opposition. I ask for your support. [SPEAKER CHANGES] Is there any discussion or debate? Hearing none. The question before the Senate is the passage of amendment one. All in favor vote aye. Opposed to vote no. Five seconds will be allowed for the voting. Clerk will record the vote. [SPEAKER CHANGES] Newton aye. Brock aye. [SPEAKER CHANGES] 46 having voted in the affirmative and zero in the negative, the amendment one is adopted. The bill as amended is back before the body. [SPEAKER CHANGES] Is there any discussion or debate? Hearing none the question before the Senate is the passage of the committee to substitute the bill 485 as amended on its second reading. All in favor vote aye, Opposed the vote no. Five seconds will be allowed for the voting. Clerk will record the vote. 46 having voted in the affirmative and zero in the negative. Committee Senate substitute bill 485 as amended passes its second reading. Without objection be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Is there any discussion or debate? Hearing none the question before the Senate is the passage of the committee to substitute the bill 485 as amended on its third reading. All in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed no. The ayes have it. Committee substitute bill 485 as amended passes its third reading. The amendment will be engrossed and it will be sent to the House. That concludes our calendar for today. Are there any do we have notices or. Well let’s do this. Let’s thank the pages first. Pages thank your service to the Senate. We hope that it was a, a fun time this week. We hope you come back see us. Thanks so much. [SOUND] Senator Brown for what purpose do you rise? [SPEAKER CHANGES] An announcement. [SPEAKER CHANGES] Senator Brown has the floor for an announcement. [SPEAKER CHANGES] Republicans’ll caucus immediately after session. [SPEAKER CHANGES] You have any other announcements. Senator Newton for what purpose do you rise? [SPEAKER CHANGES] I’ll defer to Senator Nesbitt. [SPEAKER CHANGES] Senator Nesbitt for what purpose do you rise? [SPEAKER CHANGES] Make an announcement. [SPEAKER CHANGES] Senator you have the floor. [SPEAKER CHANGES] Thank you Mr. President. The Democrats will caucus briefly right after session. [SPEAKER CHANGES] Senator Newton for what purpose do you rise? [SPEAKER CHANGES] A moment of personal privilege. [SPEAKER CHANGES] The Senator has the floor for a moment of person privilege. [SPEAKER CHANGES] Colleagues I want to thank everyone who attended the sportsman’s caucus last night. Stan and I ate all of your prime rib and all your ribs. It was delicious. I thank you all for, for, for coming that attended. I hope those that weren’t able to make it will come to the next function. We, we raised in the neighborhood of $50,000 for the

[Speaker changes.]...for the charitable fund...and I'm not sure exactly how many chairs were given to the Wildlife Commission for the disabled hunting but it was a wonderful event. I hope, Mister President, that you and your wife enjoyed yourself. We will do it again. So be on the lookout in the next session for the next event. Thank you. [Speaker changes.] Senators, upon the motion of Senator Gene McLaurin of Richmond County, the Chair is happy to extend courtesies of the gallery to students from the Scotland County Communities and Schools Summer Ventures Literacy Camp and their leader, Miss Maria Bingham??? If you'll please stand and be recognized. They may be leaving us. Any other notices or announcements. [Speaker changes.] Mister President? [Speaker changes.] Senator Gunn, for what purpose do you rise? [Speaker changes.] Point of personal privilege. [Speaker changes.] Senator, you have the floor for a point of personal privilege. [Speaker changes.] Members, officials with San Francisco Bay's Lumosity, a website that turns memory exercises into online games, have used information they've gathered to rank the nation's top 100 cities in terms of intelligence of inhabitants. According to Lumosity, the website has amassed the world's largest data set of human cognitive performance with data and insights collected from more than 40 million people. The study used data from more than three million people in the United States between the ages of 18 and 75 who have played Lumosity brain training games. The games measure performance across five cognitive areas: memory, processing speed, flexibility, attention and problem-solving. Gives me great pleasure today to let you know that the city of Burlington, North Carolina is the 52nd ranked smartest city in the United States of America. Also, I'd like to let you know Senator Soucek, that Boone also made the top 100. No other city in North Carolina made the top 100 in the smartest cities in the country. Thank you. (Laughter.) [Speaker changes.] Mister President? I'd like to answer that. I have sought council and they have asked me to plead the fifth. (Laughter.) [Speaker changes.] Mister President? [Speaker changes.] Senator Sanderson, for what purpose do you rise? [Speaker changes.] Point of personal privilege. [Speaker changes.] Senator Sanderson, you have the floor for a point of personal privilege. [Speaker changes.] Thank you, Mister President. I'd like to just take a minute to thank all the members and all the staff for the acceptance and the kindness that they've shown this week to my grandson, Caleb. He's had a marvelous time and he will have many, many tales to take back to his school next year and share with his fellow students so I just wanna thank you. (Applause.) [Speaker changes.] Senator Apodaca, for what purpose do you rise? [Speaker changes.] Moment of personal privilege. [Speaker changes.] Senator Apodaca has the floor for a point of personal privilege. [Speaker changes.] Thank you, Mister President. Members, one of my pages this week is the North Carolina State's singles high school champion in tennis. I think 1A/2A...Jacob Fuqua???, standing there with the bow tie, blushing. He uh..Senator Graham challenged him to a match but Jacob had to spot him too many sets so we had to postpone that but I just...we're all proud of Jacob for what he's done. Thanks. [Speaker changes.] Congratulations, Jacob. (Applause.) [Speaker changes.] Any further business come before the Senate? If not, Chair recognizes Senator Berger for a motion. [Speaker changes.] Thank you, Mister President. I move that the Senate do now adjourn subject to the receipt of committee reports, the receipt and re-referral of message from the House and the Governor, the re-referral of bills and resolutions and the ratification of bills, to reconvene on Monday, July 1, 2013, at 7PM. [Speaker changes.] The motion is that the Senate do now adjourn to the stipulations stated by Senator Berger to reconvene Monday, July 1st at 7PM, seconded by Senator Pate. All in favor, say aye. (Ayes.) Opposed no. The ayes have it. The Senate stands adjourned. (Gavel.)