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Senate | July 18, 2013 | Chamber | Session

Full MP3 Audio File

Senate will come to order. Sergeant Arms close the doors. Members go to their seats. Members and guests of the gallery will please silence all electronic devices. Leading the Senate in prayers Reverend Peter Milner, Senate Chaplain. All members and guests in the gallery will please stand. [SPEAKER CHANGES] Let us pray. Almighty God, this is Proverbs 24: by wisdom a house is built, and by understanding it is established. By knowledge the rooms are filled, with all precious and pleasant riches. A wise man is full of strength, and a man of knowledge enhances his mights. For by wise guidance you can wage your war, and in abundance of counselors there is victory. Wisdom is too high for a fool, in the gate he does not open his mouth. So Lord we make this prayer, that we would be wise. 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 Wednesday, July 17, 2013 has been examined and has been 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 July 17th stands approved as written. Senators, we have leaves of absence granted today, for Senators Brunstetter, Cook, Hartsell, Jenkins, Meredith, Robinson, and Soucek. Senators we also have a nurse of the day with us today, Nurse Katrina McCourt is with us from Elm City, North Carolina. Nurse McCourt if you'll stand and be recognized. Thank you for your service to the Senate. On the motion of Senator Ron Rabin of Harnett, Johnston, and Lee counties, the Chair is happy to extend courtesies of the gallery to German Army Lieutenant Colonel Andy Weichert and his wife Irna. Lieutenant Colonel Weichert is the German liaison officer to the 18th Airborne Corps, which the United States Army designed for rapid deployment anywhere in the world. It is referred to as America's Contingency Corps, and is headquartered here at Fort Bragg, North Carolina. He's here today with his wife, Irna. Colonel Weichert has, as part of his career, logged over 1,800 freefall jumps and another 200 static line jumps, for a total of over 2,000 jumps total. We thank them for their service to the United States Army and to North Carolina. They're up here in the gallery; please join me in welcoming them. Upon the motion of Senator Stan Bingham of Davidson county, the Chair is happy to extend courtesies of the gallery to the Leadership Academy from the ?? Center, Pastor Charlie Collins, Tyler Coe, and their students. Please stand and be recognized. Thank you for being with us today. Senator Apodaca ?? [SPEAKER CHANGES] Motions, please? [SPEAKER CHANGES] Senator Apodaca has the floor for motion. [SPEAKER CHANGES] Thank you, Mr. President. Senate Bill 315 has been permanently attached to the calendar. I ask that it be removed from today's calendar and be replaced on Tuesday, July 23rd. [SPEAKER CHANGES] Without objection so ordered. [SPEAKER CHANGES] Thank you, Mr. President. Senate Bill 305, is coming from the House. I don't know, has it been read in, read in Madam Clerk, yet? House Bill 857, public contracts, methods is currently on today's calendar has to be removed from today's calendar and placed on Tuesday, the 23rd. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] Mr. President, also, I think we stuck a couple of bills on for a

The meeting if, hold on a second, Mr. President the bills to be placed on Saturday’s calendar if we could pull those of and place them on Tuesday the 23rd’s calendar [SPEAKER CHANGES] Without objections so ordered. Ratification of bills clerk will read. [SPEAKER CHANGES] Enrolled bills enrolling clerk reports the following bills duly ratified for presentation to the Governor. Senate bill 73-An Act requiring a local workforce development board using the competitive selection process to ?? dislocated workman services provided contracts helps rise in the workforce investment act of 1998 to transfer the apprenticeship program to the Department of Commerce. Senate bill 223-An Act allowing area boards to offer applicants the position of Area Director with severance benefits and relocation expenses as incentive for accepting offer of employment. Senate bill 444-An Act to require the institution of the University of North Carolina to recognize the Cherokee language as a language with which a student may satisfy a foreign language course and finalize degree completion. Senate bill 454-An act to clarify the authority of the gasoline and oil inspection boards to regulate petroleum device technicians. Senate bill 485-An act to eliminate duplicate reporting requirements regarding personal services contracts for University of North Carolina. To allow boards of governors to provide for an implementation of especially e-commerce infrastructure. Clarify property tax status of improvements on university lands that are owned by certain social organizations. Senate bill 488-An act to amend the Nursing Home Administrative Act and increase certain fees. House bill 194-An act allowing the North Carolina veterinary board to accept programs with separate veterinarian education equivalence pay. Clarify to meet the licensing requirement. House bill 232-An act to make technical and other changes to state health plans to teachers with state employee status as requested by state health plan. House bill 636-An act to direct North Carolina geographic information coordinating council to amend that Negro Head Creek in Union county be renamed Salem Creek. House bill 646-An act prohibiting a county or city from enforcing any law that regulates the trimming or removal of trees on property owned or operated by a public airport authority. House bill 701-An act providing that the agencies may purchase information and technology goods and services through multipersonal cooperative agreements approved by the state Chief Information Officer. The following bills duly ratified properly enrolled and presented to the office of Secretary of State. Senate bill 229-An act to authorize the town of Ocean Isle Beach to create a sea turtle sanctuary and to exchange a parcel of real property for services. . Senate bill 288-An act concerning filling vacancies on the board of Commission of Wade county and establish a domestic violence fatality prevention and protection review team in Wade county and commit healthy family developments on certain parts in the town of Aberdeen. . House bill 537-An act providing for 4 year terms rather than 6 year terms for the members of the Edenton-Chowan board of education and change the election schedule for 1 district seat. [SPEAKER CHANGES] Message from the house. Clerk will read. [SPEAKER CHANGES] Message from the house. Senate bill 305-commit a substituting act to improve public private partnership by which the business of motor vehicles issue motor vehicle license and registration. [SPEAKER CHANGES] Senator Apodaca for what purpose do you rise. [SPEAKER CHANGES] Motion please [SPEAKER CHANGES] Senator Apodaca has forward motion [SPEAKER CHANGES] Mr. President 305 was just read in I asked to be placed at the end of today’s calendar] [SPEAKER CHANGES] So ordered [SPEAKER CHANGES] President additional motion if I might? [SPEAKER CHANGES] You have the floor senator [SPEAKER CHANGES] Senate bill 501 is on the calendar for concurrence. I ask that it be moved from today’s calendar and place on Tuesday the 23rd’s calendar [SPEAKER CHANGES] Without objections so ordered [SPEAKER CHANGES] Mr. President [SPEAKER CHANGES] Senator for what purpose do you rise? [SPEAKER CHANGES] I have a committee report to send up

I'll call for those in just one second, Senator. Reports of standing committees, seeing Senator Goolsby, you can send up your report. The clerk will read. [SPEAKER CHANGES] Senator Goolsby, for the Judiciary 1 Committee, submits for passage House Bill 652, unfavorable as to bill but favorable as to Senate Committee Substitute Bill entitled an act to modify the law regarding discipline of judges. House Bill 522, Committee Substitute Number 1, unfavorable as to Committee Substitute Bill Number 1 but favorable as to Standing Committee Substitute Bill titled an act to protect rights and privileges granted under the United States and North Carolina constitutions in the application of foreign law. [SPEAKER CHANGES] House Bill 652 and 522, calendar. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Rucho, for what purpose do you rise? [SPEAKER CHANGES] To send forward a Financial Committee report. [SPEAKER CHANGES] You can send forward your report, Senator. The clerk will read. [SPEAKER CHANGES] Senator Rucho for the Finance Committee submits for passage Senate Bill 581, unfavorable as to the bill but favorable as to Committee Substitute bill titled an act to establish the Historical Boilers Licensing Act. [SPEAKER CHANGES] Senate Bill 581, calendar. Senators, that takes us into our calendar for the day, starting with local bills. Third reading roll call bill. House Bill 191. The clerk will read. [SPEAKER CHANGES] House Bill 191, Grifton Deannexation. [SPEAKER CHANGES] Is there any discussion or debate? Hearing none, the question for the Senate is the passage of House Bill 191 on its third reading. All in favor will vote aye. Opposed will vote no. Five seconds will be allowed for the voting. The clerk will record the vote. Davis, aye. Nesbitt, aye. Newton, aye. Ford, aye. Barefoot, aye. Tarte, aye. Rabin (Harnett), aye; 41 having voted in the affirmative and zero in the negative, House Bill 191 passes its third reading and it will be enrolled. House Bill 493. The clerk will read. [SPEAKER CHANGES] House Bill 493, Robbinsville/Graham Occupancy Tax. [SPEAKER CHANGES] Do we have any discussion or debate? Hearing none, the question for the Senate is the passage of the Senate Committee Substitute to House Bill 493 on its third reading. All in favor will vote aye, opposed will vote no, five seconds will be allowed for the voting. The clerk will record the vote. Davis, aye. McKissick, aye. Kinnaird, aye. Rabin (Harnett), aye; 31 having voted in the affirmative and 10 in the negative, the Senate Committee Substitute to House Bill 493 passes its third reading. It will be sent to the House for concurrence in the Senate Committee Substitute. Moving on to local bills, for the second reading, House Bill 523. The clerk will read. [SPEAKER CHANGES] House Bill ?? [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Let's move that to the end of the calendar, please. 523. [SPEAKER CHANGES] Without objection so ordered. Local bill second reading. House Bill 870. The clerk will read the long title, please.

House Bill 870, “An Act to decrease the Duplin County Board of Education and the Board of Commissioners of Duplin County to a five-member board, to establish revised districts for those boards and to confirm the redistricting requirements following each Federal census applied to those boards.” [SPEAKER CHANGES] Senator Jackson is recognized. [SPEAKER CHANGES] Thank you Mr. President. Members, this Bill basically does exactly what the title just says. It takes it form a six-member board of education and six-member commissioner to a five. This is a plan that was proposed several years ago by the NAACP and that the NAACP consented to a Federal order to accept an alternative sixth district proposed by the then existing boards with two of the six being majority minority. Two of these will still stay majority minority. This Bill proposes to not only maintain the intent of the consent order but also enhance the ratio of the minority districts from two of the six to two of the five. This Bill also achieves the desired advantage of odd-number boards and I ask for you support and would be glad to answer any questions. [SPEAKER CHANGES] Senator Davis, for what purpose do you rise? [SPEAKER CHANGES] To speak on the Bill. [SPEAKER CHANGES] Senator Davis has the floor to speak to the Bill. [SPEAKER CHANGES] Thank you, Mr. President. Members of the Senate, just so you know, Duplin is right down the street from me, as a matter of fact, several of the members are part of my Wayne County delegation and I know the people very well in this community. I would simply say that there appears to be no problems with the map on the surface, there were just some question in terms of disseminating some of the information and I would share that in speaking with the Bill’s sponsor, there’s been a commitment made to keep this moving forward and they would share that information as soon as possible. So I do ask for your support. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Stein, for what purpose do you rise? [SPEAKER CHANGES] To debate the Bill. [SPEAKER CHANGES] Senator Stein has the floor to speak to the Bill. [SPEAKER CHANGES] Thank you. I think this is an instructive process. It’s clear that what we’ve had here is that officials, both Democratic and Republican, have sat together to work out how to set up these school districts. They’ve involved all members of the community. You look at this map and it’s a good-looking map. You can see that it keeps the towns together, Magnolia, Rose Hill, Teachey, Wallace, Beulaville, they’re all kept in the integrity of a single district. You look at these districts, they’re relatively compact. This is the right outcome from the right process, and to show how good it is all you have to do is look at this map. This is the school districts for Wake County. There’s absolutely nothing that’s compact… [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator, Gentleman, for what purpose do you rise? [SPEAKER CHANGES] We’re not on the Wake County redistricting Bill. I would ask that you rule that he stay on the Bill at hand. [SPEAKER CHANGES] Senator Stein, keep your remarks to this Bill, please. [SPEAKER CHANGES] I will keep my remarks to this Bill and the way that I’m complimenting this Bill is to contrast it and show what a good map this is by showing what a terrible map this is. So I encourage you all to support this bill. I ask for your support. Thank you very much. [SPEAKER CHANGES] He’s doing it again. [SPEAKER CHANGES] Do we have any further discussion or debate? Is there any further discussion or debate? OK, Senators, because this is a redistricting bill we are going to have two electronic votes on this. So, if there’s no further discussion or debate the question before the Senate is the passage of the Senate Committee substitute to House Bill 870 on its second reading. All in favor vote, “Aye.” Opposed will vote, “No.” Five seconds will be allowed for the voting. Clerk will record the vote. 41 having voted in the affirmative and zero in the negative, Senate Committee substitute to House Bill 870 passes its second reading. Without objection it will be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Is there any discussion or debate? Hearing none the question for the Senate is the passage of Senate Committee substitute of the House Bill 870 on its third reading. All in favor vote, “Aye.” Opposed vote, “No.” Five seconds will be allowed for the voting. The Clerk will record the vote. Bryant, aye. 41 having voted in the affirmative and zero in the negative, the Senate Committee substitute to House Bill 870 passes its third reading and will be sent to the House for concurrence in the Senate Committee substitute. Local Bills for concurrence, third reading.

Roll call bill, Senate Bill 81, the clerk will read. [SPEAKER CHANGES]Senate Bill 81, Charlotte-Douglass International Airport. [SPEAKER CHANGES]Senator Rucho is recognized. [SPEAKER CHANGES]Thank you Mr. President. I think everything that could be said about this subject was said yesterday, and I that urge you to pass this. Thank you. [SPEAKER CHANGES]Is there any further discussion or debate? Hearing none, the question before the Senate is the passage of House Committee substitute No. 2, is the motion to concur in the House Committee substitute No. 2 to Senate Bill 81. All in favor will vote aye, all opposed will vote no. 5 seconds will be allowed for the voting, the clerk will record the vote. [SPEAKER CHANGES]Ford, no. [SPEAKER CHANGES]26 having voted in the affirmative, 14 in the negative, the Senate concurs in the House Committee substitute to Senate Bill 81, and it will be enrolled. Moving on to public bills, 3rd reading roll call bill. House Bill 14, the clerk will read. [SPEAKER CHANGES]House Bill 14, Rent Laws technical clarify and administrative changes. [SPEAKER CHANGES]Do we have any discussion or debate? [SPEAKER CHANGES]Mr. President. [SPEAKER CHANGES]Senator Tillman, for what purpose do you arise? [SPEAKER CHANGES]To send forth an amendment. [SPEAKER CHANGES]Senator Tillman, you can sent forth your amendment. The clerk [SPEAKER CHANGES]will read. [SPEAKER CHANGES]Senator Tillman moved to amend a bill. [SPEAKER CHANGES]Senator Tillman is recognized to explain the amendment. [SPEAKER CHANGES]I believe it's on your, Senator iii, you've got it. I believe you'll find this amendment is not material to the bill, it simply comports some omissions that are technical, to conform to our tax law that was just passed. And that's basically what it does. there's no fiscal impact in the bill as the revenue folks have told us. And basically it's technical in nature. I'd be glad to explain anything that you would like. [SPEAKER CHANGES]Is there any discussion or debate? Hearing none, the question before the Senate is the passage of amendment 1. All in favor will vote aye, all opposed will vote no. 5 seconds will be allowed for the voting, the clerk will record the vote. 42 having voted in the affirmative, and zero in the negative, amendment 1 is adopted. The bill as amended is back before the body. Is there any further discussion or debate? Hearing none, the question before the Senate is the passage of Senate Committee substitute to House Bill 14, as amended on its 3rd reading. All in favor will vote aye, all opposed will vote no. 5 seconds will be allowed for the voting, the clerk will record the vote. [SPEAKER CHANGES]Bryant, aye. [SPEAKER CHANGES]41 having voted. [SPEAKER CHANGES]Walters, aye. [SPEAKER CHANGES]Sorry Senator. [SPEAKER CHANGES]42 having voted in the affirmative, and zero in the negative, Senate Committee substitute to House Bill 14 as amended passes its 3rd reading. The amendment will be engrossed, it will be sent to the House for concurrence in the Senate Committee substitute. 2nd reading public bill, non-roll call. Senate Bill 538, the clerk will read. [SPEAKER CHANGES]Senate Bill 538, results from DRR in action on review to request. [SPEAKER CHANGES]Mr. President [SPEAKER CHANGES]Senator Apodaca, for what purpose do you arise? [SPEAKER CHANGES]Quick motion, if I might. [SPEAKER CHANGES]Senator Apodaca you have the floor. [SPEAKER CHANGES]House Bill 14, we did a few moments ago, it needs to go back by special messenger. [SPEAKER CHANGES]So ordered. Senator Clodfelter is recognized to explain the bill. [SPEAKER CHANGES]Thank you Mr. President. We had a good full discussion on this bill yesterday in the Senate Finance. The gist of what it does is put some teeth into the 9 month deadline that the DOR has to process refund claims, or clear up protests of additional assessments. It has a number of procedural changes of how the Department of Revenue handles those refund claims, and I'm sure Senator Tucker will be glad to answer any detailed technical questions you have about the bill. [SPEAKER CHANGES]Do we have any discussion or debate? Senator Canard, for what [SPEAKER CHANGES]purpose do you arise? To ask Senator Clodfelter a question. [SPEAKER CHANGES]Senator Clodfelter, will you yield for a question? [SPEAKER CHANGES]I do. [SPEAKER CHANGES]I've actually had some difficulties that constituents had with the Department of Revenue, that were pretty serious, and we were able to clear up. But one of the problems when I was trying to do that, is they very much under staffed. and I'm just wondering, is this going to put more pressure on them when they're already under-staffed, to try to get these through, and make the errors that were serious errors that they made because they're so under-staffed and so rushed? [SPEAKER CHANGES]Senator Canard, one of the things that Senator Tucker and I learned when we worked with the department on the bill, was that they have made a great advance in.

[0:00:00.0] The recent months in clearing out the backlog of refund requests and assessments that they were carrying from the prior years we felt very comfortable in fact about the steps that the secretary has take to clear out that backlog and now things are pretty current. What the bill is trying to do is to assist the department and the tax payer both in the future. So, we don’t accumulate that kind of backlog again in the future. [SPEAKER CHANGES] Mr. President to speak on the bill. [SPEAKER CHANGES] Senator Kennard has the floor to speak to the bill. [SPEAKER CHANGES] I think one of the problems in our state has been in our national are rest so we really do under staff these departments that provide a tremendous service and I would hope that the budget riders would keep that in mind that this is a service agency and it should be for the staff so that they can respond. So, that’s my request to the budget riders and I certainly appreciate that this will make a difference in the service to our constituents, thank you. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, the question for the Senate is the passage of the Committee Substitute Senate Bill 538 on its second reading, all in favor will vote aye, all oppose will vote no, five seconds will be allowed for the voting the clerk will record the vote. Brock aye, 42 having voted in the affirmative and zero in the negative the Committee Substitute Senate Bill 538 passes its second reading without objection to be read the third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Any discussion or debate? Hearing none, the question for the Senate is the passage of the Committee Substitute Senate Bill 538 on its third reading, all in favor will vote aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All oppose no, the ayes have it, Committee Substitute Senate Bill 538 passes its third reading and it will be sent to the house. House Bill 269, the clerk will read. [SPEAKER CHANGES] House Bill 269: Children with Disabilities Scholarship Grants. [SPEAKER CHANGES] Senator Tillman is recognized to explain the bill. [SPEAKER CHANGES] This legislation has been in the works for sometime and what it does it makes available $3000 scholarship per child per semester with those children with disabilities and this is necessary because in our tax law we have repealing that the tax credit that these parents have been getting so this would replace that and will provide a setting other than the public school, if the public school is not meeting the needs of some of the special children this would allow them to find the school that would best meet their need. I would be glad to answer any questions. [SPEAKER CHANGES] Is there any discussion or debate? Senator Barringer what purpose you have? [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] Senator Barringer has the floor to speak to the bill. [SPEAKER CHANGES] As I said in the committee on yesterday as a foster parent I saw a number of situations such as severe dyslexia, speech impediments, severe ADD that it just wasn’t the infrastructure in the public school to handle these and I also want to add that it also allows folks who would not have otherwise been to get a tax credit to actually apply for a scholarship. So, with that I do support the bill I think it’s a good idea. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, the question before the Senate is the passage of the Senate Committee Substitute to House Bill 269 on its second reading, all in favor will vote aye, all oppose will vote no, five seconds will be allowed for the voting the clerk will record the vote. Richo aye, 36 having voted in the affirmative and 6 in the negative, the Senate Committee Substitute to House Bill 269 passes its seconds reading without objection rewrite third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Is there any discussion or debate? Hearing none, the question before the Senate is the passage of the Senate Committee Substitute to House Bill 269 on its third reading, all in favor will vote aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All oppose no, the ayes have it the Senate Committee Substitute to House Bill 269 passes its third reading and will be sent to the house for concurrence and the Senate Committee Substitute. House Bill 565, the clerk will read. [SPEAKER CHANGES] House Bill 565: Amend Real Estate Appraisers' Laws/Fees. [SPEAKER CHANGES] Senator Rabin is recognized to explain the bill. [SPEAKER CHANGES] House Bill 565: Amend Real Estate Appraisers' Laws/Fees. It accomplishes really three things, first the bill will bring North Carolina law in the compliance with Federal Law in regards to appraisers’ licensing just for added information there is a clause in our legislation that says that the current appraisers’ will be grandfathered into this bill and quite a long this time permits. Second there has been a problem… [0:04:59.8] [End of file…]

...in the past three years with national appraiser management companies going bankrupt leaving millions of dollars of unpaid appraisals. What the Bill does is set aside some dollars in these management funds so that it protects small business. The appraisers who go out and do all the work end up losing money when one of the AMCs goes bankrupt. This puts them in a more protected position and helps them to survive through the tougher times. Lastly the Bill authorizes a study related to the advisability of establishing a permanent fund to protect those appraisers. It’s just one of the idiosyncratic behaviors of that particular business of moving the money from one group to another that causes the appraisers to come out. This Bill fixes that and puts us in concert with the law. I recommend your approval of the Bill. Thank you. [SPEAKER CHANGES] Is there any discussion or debate? Hearing none, the question for the Senate is the passage of the Senate Committee substitute to House Bill 565 on its second reading. All in favor vote, “Aye.” Opposed, vote, “No.” Five seconds will be allowed for the voting. Clerk will record the vote. Newton, aye. Bryant, aye. 42 having voted in the affirmative and zero in the negative, Senate Committee substitute to House Bill 565 passes the second reading. Without objection it will be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Any discussion or debate? Hearing none, the question for the Senate is the passage of the Senate Committee substitute to House Bill 565 on its third reading. All in favor will say, “Aye.” [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed, “No.” The ayes have it. Senate Committee substitute to House Bill 565 passes its third reading. It will be sent to the House for concurrence in the Senate Committee substitute. House Bill 692 the Clerk will read. [SPEAKER CHANGES] House Bill 692, “Amend Predatory Lending Law.” [SPEAKER CHANGES] Senator Davis is recognized. [SPEAKER CHANGES] Thank you, Mr. President. First I’d like to send forth an amendment. [SPEAKER CHANGES] Senator, you can send forward your amendment. [SPEAKER CHANGES] The amendment should be on the dashboard. It’s a technical amendment only. [SPEAKER CHANGES] The Clerk will read. [SPEAKER CHANGES] Senator Davis of Macon moves to amend the Bill. [SPEAKER CHANGES] Senator Davis is recognized to explain the amendment. [SPEAKER CHANGES] Thank you, Mr. President. Ladies and gentlemen on page five, line 28, the reference should be to 1639c(b) instead of 1639c(c) and so this amendment just makes that technical correction. I ask for your support. [SPEAKER CHANGES] Senators before we vote, Senator Brunstetter has returned to the chamber. Is there any discussion or debate on the amendment? Hearing none, the question for the Senate is the passage of amendment one. All in favor vote, “Aye.” Opposed, vote, “No.” Five seconds will be allowed for the voting. Clerk will record the vote. Brunstetter, aye. Bryant, Clark, aye, aye. Sanderson, aye. Rabin, aye. 43 having voted in the affirmative and zero in the negative amendment one is adopted. The Bill as amended is back before the body. Is there any further discussion or debate? Senator Davis is recognized. [SPEAKER CHANGES] Thank you, Mr. President. I’d just like to say that North Carolina was the first state to address predatory lending and the bill was so good, the law was so good that it was modeled by the Federal government and other states. This Bill mainly takes care of some corrections that were required by the passage of the Dodd-Frank Act and also the establishment of the Consumer Financial Protection Bureau. There are no objections by the North Carolina Commissioner of Banks, the Mortgage Bankers’ Association, the Mortgage Brokers’ Center for Responsibility and the North Carolina Justice Center. I ask for your support. [SPEAKER CHANGES] Is there any discussion or debate? Hearing none, the question for the Senate is the passage of the Senate Committee substitute to House Bill 692 as amended on its second reading. All in favor vote, “Aye,” opposed, vote, “No.” Five seconds will be allowed for the voting. Clerk will record the vote. Brunstetter, aye. Rabin, aye. 43 having voted in the affirmative and zero in the negative, Senate Committee substitute to House Bill 692 as amended passes its second reading. Without objection it will be read a third time. [SPEAKER CHANGES] NC General Assembly enacts. [SPEAKER CHANGES] Is there any discussion or debate? Hearing none, the question for the Senate is the passage of the Senate Committee substitute to House Bill 692 as amended on its third reading. All in favor will say, “Aye.” [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed, “No.” The ayes have it. Senate Committee substitute to House Bill 692 as amended passes its third reading. The amendment will be engrossed. It will be sent to the House for concurrence in the Senate Committee substitute. Senators we’re moving onto Public Bills for Concurrence. Third reading, “Roll-call Bill,” Senate Bill 159. Clerk will read. [SPEAKER CHANGES] Senate Bill 159…

I second general reappraisals [Speaker Changes] Is there any discussion or debate? Hearing none the question for the senate is the motion to concur the house committee substitute to senate bill 159 on its third reading. All in favor will vote aye, opposed will vote no, five seconds will be allowed for the voting, clerk will record the vote. Newton, Aye. Brunstetter, aye. Rucho, aye. 43 having voted in the affirmative and 0 in the negative, the senate concurs and the house committee substitutes senate bill 159. It will be enrolled and sent to the Governor. Senate bill 305. The clerk will read. [Speaker changes] Senate bill 305. An act to improve a probate private partnership by which division of motor vehicle issues motor vehicles titles and registrations. [Speaker changes] Is there any discussion or debate? Hearing none, the question for the senate is the motion to concur the committee substitute to senate bill 305. All in favor will vote aye, opposed will vote no, five seconds will be allowed for the voting, clerk will record the vote. Brunstetter, aye. 44 having voted in the...hold on one second senators. 44 having voted in the affirmative and 0 in the negative, the senate concurs and the committee substitutes senate bill 305. It will be enrolled and sent to the Governor. On that last bill, senate bill 305, the senate concurred in the house amendment number 4. It will be enrolled and sent to the governor. Senate bill 523. This is a local bill, second reading. Senate..house bill 523, excuse me. House bill 523, clerk will read. [Speaker changes] House bill 523. Pitt county board of education. [Speaker changes] Is there any discussion or debate. Senator pate, for what purpose your ayes? [Speaker changes] Thank you Mr. President. To speak briefly on the bill. [Speaker changes] Senator Pate has the floor. [Speaker changes] Ladies and gentlemen, the Pitt county delegation has met several times in the past couple of weeks to try to work our way through the Pitt county board of education. Pitt county has 12 members on their board of education and they serve six year terms. They are elected six months before they assume their office and they've been that way for over 20 years. There's been a lot of talk within the county and especially a lot of talk within this delegation to make some changes. Back in the 2011 session, I was able to get a bill through that would affect it, but it did not get pre-clearance and so we are back at the drawing table once again. Senator Davis and I have been working with the house members of this delegation and it has been a lot of blood, sweat, and tears, but I think we have finally come up with something that will work to help mend a divided county. So I hope that you will be able to support the bill and Mr. President, if you would, I'd like to have you recognize Senator Don Davis for some remarks and an amendment. [Speaker changes] Senator Davis is recognized. [Speaker changes] Thanks Mr. President. To members of the Senate, I can tell you, you know what it's like to pour over the issues, very complex issues and this is one for our local community. We were dealing with this 5 years ago and Senator Pate continued it long afterwards and once again now it's before us. I want to simply say...

I really commend our delegation for the hours of work that’s gone into it. This issue, back at home, talking to residents, as well as pouring over these issues with each other. So I start with a compliment and thank you Senator Pate for all of your input and everything that went to the table. What I’d like to do is send forth an amendment. [SPEAKER CHANGES] Senator you can send forth your amendment, clerk will read. [SPEAKER CHANGES] Senator Davis of Green moves to amend the bill. [SPEAKER CHANGES] Senator Davis is recognized to explain the amendment [SPEAKER CHANGES] Thanks, Mr. President. Ladies and gentlemen what you see before you is an amendment that actually accomplishes three major objectives for our community. Number one, what it does is reduces the board from 12 to 9. And there’s not a problem withstanding full support of that. The other thing it accomplishes, it preserves in the past the concerns that were raised that were Section 2 related. It resolves that. For those southern ?? and justice they were very involved in helping us with those maps. We’ve protect the minority voice. And the third component of this is, we also realized the rule of urban nature and I think we’re really able to come up with a scenario that addresses that concern while maintaining common communities of interest. So what you see are the elements outlined in this bill that accomplishes these major functions and then the final, and that leads to the maps that’s before you on your desk. And the other courts said this, that we agreed as a delegation, would be to hit the reset button. We would all, everyone would be reelected in 2016 and from there we would trigger based on the election results, the staggered terms. And again this is not just the work, myself, but this is actually the work of our complete delegation working together, conceding some points and working through and maintaining, I think, all of our values in the end, therefore, I commend this to you and as for your support on behalf of our delegation. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Blust, for what purpose do you rise? [SPEAKER CHANGES] Speak on the bill? [SPEAKER CHANGES] Senator, on the amendment, Senator? [SPEAKER CHANGES] The amendment. [SPEAKER CHANGES] Senator Blust has the floor to speak to the amendment. [SPEAKER CHANGES] I’ll hold it out for the bill, I’m sorry. [SPEAKER CHANGES] Thank you Senator. [SPEAKER CHANGES] Senator Pate is recognized. [SPEAKER CHANGES] Speak on the amendment, Mr. President. [SPEAKER CHANGES] Senator has the floor. [SPEAKER CHANGES] Obviously this is not a perfect amendment, it is not the perfect answer to what I see as a problem over in Pitt county, I think what we all realize is a problem. But this is a start, ladies and gentlemen and it’s the best this delegation could do at the present time and I would ask for your support of this amendment and support for the bill. Thank you very much [SPEAKER CHANGES] Is there any further discussion or debate on the amendment? Hearing none, the question before the Senate is the passage of Amendment 1, all in favor will vote aye, oppose the vote, no. Five seconds will be allowed for the voting, clerk will record the vote. Bryant. Senator Bryant. Aye. 44 having voted in the affirmative, and 0 in the negative. Amendment 1 is adopted, the Bill as amended is back before the body. Senator Blust is recognized. [SPEAKER CHANGES] Thank you Mr. President. Ladies and gentlemen of the Senate, I want to commend Senators Pate and Senators, Senator Davis for working together on this because they really showed that on fundamental matters you can cross party lines to fix issues that affect our specific areas. I thought that Senator Pate used a telling phrase. He said that work together to mend a divided county. And I think that that statement has so much more meaning than working separately to divide a mended county. And so we’ve seen two maps come through here today where people worked collectively and together, and you got them pulling in the same direction. I certainly encourage others to work in this spirit, as redistricting issues come up whether it’s this session or whether it’s next session. . Because having been involved when both situations have occurred, that is, people working together and people not working together, I assure you it makes for a much better operation of our school

And our counties and our other governments. When you pool people together at the table to decide jointly what’s oughta to happen rather than stuffing things down their throats. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none. The question before the Senate is the… Senators we’re going to electronically vote this as well like we did that last one. Two electronic votes. If there’s no discussion, the question before the Senate is the passage of committee substitute to house bill 523 on its second reading. All in favor vote aye. All opposed will vote no. All in favor vote aye. All opposed vote no. Five seconds will be allowed to vote. The clerk will record the vote. 44 having voted in the affirmative and zero in the negative, committee substitute to house bill 523 as amend has passed on its second reading without objection will be read a third time. [SPEAKER CHANGES] (??)(??) acts. [SPEAKER CHANGES] Is there any discussion or debate? Hearing none. The question before the Senate is committee substitute to house bill 523 as amended on it’s third reading. All in favor vote aye. All opposed vote no. All in favor vote aye. All opposed vote no. Five seconds will be allowed for voting. The clerk will record the vote. 44 having voted in the affirmative and zero in the negative, Senate committee substitute to house bill 523 as amended has passes its third reading. It will be sent to the house for concurrence and the Senate. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Can we send a special messenger to the house? [SPEAKER CHANGES] To be sent to the house by special message. That wraps up our calendar for the day. Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] To send forth the committee report out of order. [SPEAKER CHANGES] Senator you can send forth your committee report out of order. The clerk will read. [SPEAKER CHANGES] Senator Apodaca, for the rules not consent. Commits to passage. House bill 726, in favor us a bill, unfavorable as to the Senate committee substitute bill. Title. An act authorizing Lake County to assume responsibility for construction improvement ownership acquisition of public school properties. House bill 74. Committee substitute number one. Unfavorable as to commit substitute bill number one. In favor as to Senate committee substitute bill titled. An act to improve and streamline the regulatory process in order to stimulate job creation to eliminate unnecessary regulation to make barriers on the statutory changes and to amend certain environmental and natural resources law. [SPEAKER CHANGES] House bill 726 calendar. House bill 74 calendar. At this time we would like to thank the pages for the week. Pages, we thank you for your service to the Senate this week. We hope you’ve enjoyed your time. We hope you come back to see us. Thank you so much. (clapping). Any notices or announcements. Senator Tillman, for what purpose do you rise? [SPEAKER CHANGES] I’ll wait for the announcements. I need a moment of personal privilege Mr. President. [SPEAKER CHANGES] Senator, you can take your point of personal privilege right now. Go ahead and do it. [SPEAKER CHANGES] There’s a place in town called Big Ed’s. I don’t think there’s been one member here that’s never been to Big Ed’s. Before today, I understand that Senator Bingham had a date this morning and he took them to Big Ed’s. [SPEAKER CHANGES] Senator Tillman did you see them there? [SPEAKER CHANGES] You take on Big Ed quiet often, I hear. Senator Kinnaird I wanted to congratulate you on finding a gathering place where democrats and republicans can have a love fest every morning over the best country ham you’ve ever eaten in your life. I hope you enjoyed it. I know you didn’t have much of date there and I’m sure he did not pay for it. [SPEAKER CHANGES] Senator Sanderson, for what purpose do you rise? [SPEAKER CHANGES] A moment of personal privilege. [SPEAKER CHANGES] Senator Sanderson has the floor for a moment of personal privilege. [SPEAKER CHANGES] Thank you Mr. President. Ladies and gentlemen usually during a long session we may experience one or two, possibly sometimes even three events that are momentous. In this long session so far we have been able to enjoy two. We may have another one before this one ends, but we’ll wait and see on that. The first one being about eleven days ago we celebrated two birthdays in this chamber, mine and Senator Ravens. We were both born…

In the same hospital on the same day and he declares that we were side by side in the maternity room at the same time. Now I’m still trying to figure that one out and check that out but that may be a very real possibility. The other momentous occasion is today we celebrate the birthday of another member in this chamber. And it just so happens to be my beautiful and talented seat mate, and Trudy Wade, but there is one point that I would like to bring up and this was something that happened in J1 this morning when someone asked what her answer was. And the answer she gave I have since then asked ur Research Department to check into this. To see if the age she gave was her real age. But anyways, I would like to ask you to join with me in wishing Senator Wade a very wonderful birthday today. [SPEAKER CHANGES] Senator Brown, for what purpose do you rise? [SPEAKER CHANGES] An announcement. [SPEAKER CHANGES] Senator Brown has the floor for announcement. [SPEAKER CHANGES] Republicans will caucus immediately after session. [SPEAKER CHANGES] Senator Nesbitt, for what purpose d you rise? [SPEAKER CHANGES] Thank you, Mr. President, to make an announcement. [SPEAKER CHANGES] You have the floor, Senator. [SPEAKER CHANGES] Thank you Mr. President. The Democrats will caucus immediately after session. [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Mr. President announcement. [SPEAKER CHANGES] Senator has the floor. [SPEAKER CHANGES] Tomorrow morning 9:00 a.m. we’ll have a Rules Committee meeting. At this point I think we’ll have it in our usual location but if I think something else comes up we may move it to the other building. So at this point, same room 9:00. Thank you. [SPEAKER CHANGES] Do we have any other notices or announcements? If not, the Chair recognizes Senator Berger for a motion. [SPEAKER CHANGES] Thank you, Mr. President. I move that the Senate do now adjourn subject to the receipt of committee reports, the re-referral of bills and resolutions, the receipt of messages from the House and the Governor, the ratification of bills, the appointment of conferees and the receipt of conference reports to reconvene on Friday July 19, 2013 at 10:00 a.m. [SPEAKER CHANGES] The motion is that the Senate do now adjourn, subject to the stipulations stated by Senator Berger to reconvene Friday July 19 at 10:00 a.m. Seconded by Senator Tucker. All in favor say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Oppose no, the ayes have it. The Senate stands adjourned.