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Senate | March 1, 2013 | Chamber | Session

Full MP3 Audio File

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[0:00:00.0] Senate pray for the healthcare committee submits for passage Senate Bill 486: Pertussis Education & Awareness. Senate Bill 557: Amend Report Date/NC Pre-K Funding Pilot also favorable. [SPEAKER CHANGES] Senate Bill 486 and Senate Bill 557 calendar, Senator Meredith what purpose you ask? [SPEAKER CHANGES] Thank you Mr. President to send forward the committee report. [SPEAKER CHANGES] You can send forward your report Senator the clerk will read. [SPEAKER CHANGES] Senator Meredith for commerce committee submits the passage of Senate Bill 489: Consumer Finance Act Amendments unfavorable as to bill the favorable has the committee substitute bill. [SPEAKER CHANGES] Senate Bill 489 calendared, Senator Soucek what purpose you arise? [SPEAKER CHANGES] To send forward a committee report. [SPEAKER CHANGES] Senator Soucek can send forward his committee report the clerk will read. [SPEAKER CHANGES] Senator Soucek for the education, higher education committee submits for passage of Senate Bill 320: Improve Ed. for Children Who Are Deaf. Unfavorable has the bill, the favorable has committee substitute bill. [SPEAKER CHANGES] Senate Bill 320 calendared. Senator Daniel what purpose you has? [SPEAKER CHANGES] To send forward the committee report. [SPEAKER CHANGES] You can send forward your committee report the clerk will read. [SPEAKER CHANGES] Senator Daniel for transportation committee submits for passage of Senate Bill 493: Prohibit Aftermarket HID Headlights. Unfavorable has to bill, the favorable has committee substitute bill. [SPEAKER CHANGES] Senate Bill 493 calendared, Senator Meredith your light is on here you go. Senator Brunstetter what purpose you ask? [SPEAKER CHANGES] Mr. President the series of calendar motions. [SPEAKER CHANGES] Senator Brunstetter has the floor for motions. [SPEAKER CHANGES] And members the explanation we are only gonna go to around 3 o’clock this afternoon. So, we are going to substantially shorten and rearrange today’s calendar in order to get at the ___[02:20] to get out today. So, Mr. President with that I knew that Senate Bill 25: Hunting & Fishing/Active Duty Military. We recall them today’s calendar and re-refer to committee on rules. [SPEAKER CHANGES] Without object so ordered. [SPEAKER CHANGES] I know that we displaced following bills in today’s calendar and re-calendar them for Tuesday May 7th, 2013. The House Bill 13: State Agency Property Use/Biennial Report. The House Bill 243: Liens/Self-Service Storage Facilities. House Bill 706: Preserve Landfill Space. Senate Bill 101: GSC Technical Corrections 2013 and Senate Bill 193: Child Nutrition Program Solvency and Support. [SPEAKER CHANGES] Without objection so ordered. [SPEAKER CHANGES] I would move that the Senate Bill 612: Regulatory Reform Act of 2013 be move to the beginning of today’s public work calendar. [SPEAKER CHANGES] Ordered. [SPEAKER CHANGES] And further move that the following bills be displaced on today’s floor calendar to the end of the calendar to be taken up in the following order: Senate Bill 279: Estates/Trusts/Guardianship Amendments; Senate Bill 368: Inmates Prescriptions/Pistol Permits and Senate Bill 507: Eliminate Outdated Environmental Reports. [SPEAKER CHANGES] Ordered. [SPEAKER CHANGES] And one last motion, I would move that Senate Bill 136: 50th Senatorial District Local Act-1 be recalled from rules and re-refer to State and Local Government with a serial refer to finance. [SPEAKER CHANGES] Without objection so ordered, moving on the committee reports, now we move right into the calendar for today. We will be starting with public bill, Senate Bill 612, the clerk will read. [SPEAKER CHANGES] Senate Bill 612: Regulatory Reform Act of 2013. [SPEAKER CHANGES] Senator Brown is recognized to explain the bill. [SPEAKER CHANGES] Thank you Mr. President as you know we have had reform bills that will pass two years and this bill just continues to have our reg-reform as we try to continue to look at rules and regulations in the state and try to continue to make our state as best as possible has move forward. What this bill does… [0:04:58.2] [End of file…]

[0:00:00.0] Part 1 directs standards to develop minimum design criteria or storm water run out permitting programs and for erosion and sedimentation control plans but also directs standard to specify the types of licensed professionals qualified to certify the minimum design criteria. It requires the commission to adopt rules and commanding a fast track permitting process or storm water management system permits and erosion sedimentation control plans if the applicant complies with the minimum design criteria and it prohibits any…To government from requiring revisions to an application or a plan that has been supervised and sealed by professional engineer during the course of a technical review unless an official requiring the revision is or supervise by a professional engineer. Part 2 restricts cities or counties from an environmental rule or more stringent in Federal or State rules, there are exemptions to do such as for same threats the public health safety and welfare and several other exemptions as well. Part 3 of the bill allows a bill that is inert to be big in place. It also clarifies compliance boundary interpretations and conditions that trigger regulatory response and extend certain permits from eight to 10 years and makes technical amendments to the APA. Part 4 of the bill would add a new provision to allow governing the requirements for fiscal notes, the administrative rule making process and exempt agencies from a requirement that a fiscal note will be prepared over the proposed rule change if it’s the repeal of a rule. Section 5 of the bill which tell with the tar reverend ___[02:02] there was an amendment the Senator ____ has. Part 6 of the bill applies to the Harrison amendment retroactively requiring our state agencies to take all environmental rules after which they are more stringent in Federal Standards there are also exemptions for this such as for same through as the public health safety and welfare and several other exemptions as well. Part 7 allows cities to leave the property, lease their property for up to 25 years for alternative energy projects. Part 8 allows the city the ability to have personnel other than the clerk issued the require license to businesses that are going out of business. Part 9 directs the inner DOT the petition to core engineers to allow adjacent hydrologic unit approach to be used for ___[02:53] mitigation. This is the first step and increasing private mitigation banks, it moves the stake closer to being able to eliminate the ecosystem enhancement program. Part 10 identifies potential conflicts of interest for members of the advisory boards that make recommendations to state agencies boards and commissions and with that Mr. President I do have an amendment I would like to send up if I could. [SPEAKER CHANGES] Thank you Senator it’s on the dashboard. [SPEAKER CHANGES] It should be. [SPEAKER CHANGES] The clerk will read. [SPEAKER CHANGES] Senator Brown moves to amend the bill. [SPEAKER CHANGES] Senator Brown is recognized to explain the amendment. [SPEAKER CHANGES] What the amendment does is clarifies the definition of a billed upon area includes only impervious surfaces on certain environmental permits, it will also has a few technical changes that really doesn’t do much to the bill. With that I will take questions but I do think Senator Hunt has an amendment that we should take up first. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, the question for the Senate…Senator Hunt did you wanna be recognized? Senator Hunt is recognized. [SPEAKER CHANGES] Well, thank you Mr. President I do have an amendment it’s on the dashboard. [SPEAKER CHANGES] Senator we need to vote on first amendment, amendment 1 first. So, if there is no further discussion or debate… [SPEAKER CHANGES] Mr. President… [SPEAKER CHANGES] Senator Stein for what purpose you ask? [SPEAKER CHANGES] I just come at dashboard to work and figure it out what does this amendment does actually, I read what the amendment does but I don’t understand what it does. So, question for the amendment sponsors… [SPEAKER CHANGES] Senator Brown do you yell for the question? [SPEAKER CHANGES] I will try to answer the question. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] So, what we are doing in this amendment is changing the definition that built upon the area to go from impervious or personally impervious to only impervious and… [0:04:59.9] [End of file…]

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him, thanks to the owners. thanks again dealing with storm water because hunting those points to the property insurance rates actually go down. so we passed as written, we're going to raise insurance rates on home owners and now with water supplies. Fayetteville has also protections around the drinking water supply. they negotiated with car washes in error in times of water shortage, which then feel like it's happening right now as much right as we gotten, but all introduced project for years when I will go through another drought is nothing in state law that gives the direct cities to negotiable car washes to limit the amount of water they produced during a drought. those ordinances. their goal Raleigh experiences sewage backups from fast-growing grace and his amendment and related limits how much fasteners agrees you can put down your drain or down those which fights because of our unique conditions ask what happens that the mountains are different from the Piedmont is different from the Cubs to all manner of model ordinances. the deer puts out there would've been similar to those in the community. so what were now saying is, whenever that model ordinances. that's what the local community is stuck with for time immemorial. this is another example of us get into what is not how business estate should not be dictating to local communities how to protect their people. and yet,we have a provision here that absolutely hamstrings. local people from set of rules that work for this reason I opposing this legislation, and I'm sorry that this is a common set of bad enough to talk for sets and I couldn't find them on Bill and I now found it an object of the reading of the appropriate time, but in the last regulatory reform bill is much less bad bipartisan support of the building went through in the last session now is because the members, the majority parties out of members minority party and we negotiated a deal and one item in that field as to move the water permits from five years eight years to one year later you are moving from eight years to ten years. I was at a negotiated item. how is it something you actually may need one of our clients may not feel like it today.but when we negotiate things I think that we should honour our negotiations and said I could have just pointed out, Senator Brown and I will talk to him after session about am hoping we can adjust that minor point, just so we can honor the commitments we make to each other. Thank you [SPEAKER CHANGES] I can send her back programs your eyes speak a second time, I couldn't address an issue centre signs in her brown reservoirs because blizzard/ go from eight to ten years is probably good language talk about that more than I think that I think you'll like that. we talk about having a big night, but talk about the city County rules out nothing more straight in the state of our rules. the provision I mentioned earlier, and in its individual and it says that there is extensions of those exemptions are a serious, and for unforeseen threat to the public health, safety or welfare of the general assembly or U.S. Congress expressly requires an agency to adopt rules provision, federal or state budgetary policy of federal regulation required by the U.S. Congress to be a him by the state were exactly the type of actions in the bill to address those issues as number has concerns about. I think Google is not indefatigable and I has really resonated with by the Centre to understand over zero is diagnosed on this very topic centres on those pigs learned them. I appreciated their exceptions in here, however, absolutely none of them apply to any of the circumstances. by this point in a serious and unforeseen threat by definition means you can't force it. well you know the Camden County. they now misled on how mobile we know we have problems with that in our sewage system in Raleigh is foreseen. so we can benefit from that one second expressly requires the agency to adopt rule. there is no requirement at what I'm saying or turning up on its upside down because what

[0:00:00.0] …Is it authorizes it, if it said requires what authorizes we will be talking about some entirely different, there is no Federal requirement, there is no state requirement that authorizes any of the things I have talked about. I appreciate that he is trying to put some exceptions to deal with certain circumstances however none of them are applicable to what I’m concerned about. [SPEAKER CHANGES] Senator Kinnaird what purpose you ask? [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] Senator Kinnaird has the floor to speak on the bill. [SPEAKER CHANGES] Thank you Mr. President. I have heard loudly and clearly from my local governments who are very concerned over the very issues that Senator Stein spoke to and I wanna to start at the top of what happens when there are local ordinances and state ordinance that maybe more stringent than the Federal. 17 industries in North Carolina are not regulated by the ___[00:58] but I wanna bring it down to the local level. We have water requirements in our areas that are distinct and we have dealt with them on a local basis, on a local level dealing with what we have here. And we have put all of those in jeopardy. We must think locally and somehow we have been going that wrong direction locally, we take away people’s water systems in airports and then we also tell them that they can’t do what they know is best for their area. So, I’m going to vote against this bill, thank you. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator McKissick what purpose you ask? [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] Senator McKissick has the floor to speak on the bill. [SPEAKER CHANGES] This issue that has been discussed by Senator Stein and as well as Senator Kinnaird was when this bill came before the commerce committee and it is this preemption of the ability of local communities whether it’s a city, county or town to adopt regulations that might be different from what the State Government for Federal Government might establish. Historically we have always view regulations mistake as setting basically a floor and that a sealing, you couldn’t fall below that standard if that was the only standard user could subscribe to, I know for eight years ___[02:25] City Council in Durham, our city county planning commission and there was case we pull together stakeholders from the business community, the environmental community and other stakeholders and interest group to formulate the first environmental regulations we had in Durham County which everyone embrace, which would be different from what the state would have required. It’s just not a one size fits all the solution, it’s has to be solutions that are individually tailored based upon the needs of individual communities and that’s what we should be about protecting, we should not attempt to do what…We should not from Reilly trying to identify what that standard should be for the mountains in North Carolina, of what should be in our coastlines and for that reason I think we can stay away from this type of legislation, we really need to allow that ___[03:18] that can fold at the local level that’s why people have a voice, that’s where they uniquely understand the concerns of their communities and that’s where they can best tailor it and solutions that are appropriate not a one size fits all solution that comes from Reilly or from Washington. [SPEAKER CHANGES] Senator Pate what purpose you ask? [SPEAKER CHANGES] To inquire the gentleman from Onslow would yell to a question Mr. President? [SPEAKER CHANGES] Senator Brown do you yell? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] Senator Brown I believe that in 2011 before the long session started that year you and group of other Senators went around the state holding public hearings on regulatory reform. The question is did you have a group of people come forward and say that they needed more rules and more regulations or where they pleading for less rules and less regulations? [SPEAKER CHANGES] Senator Pate we did we had a group that traveled across the state in six locations across the state. We had hundreds of people show up in some cases and just about all of those cases anybody that had a business interest at all farmers, you name it, they are all compliant about the rules and regulations that we had in the state. To be honest, there are some environmental groups over there that complaint we didn’t have enough. So, we heard at both sides but on the business community they all compliant about too many rules and regulations and I think the goal of reg-reform… [0:04:59.9] [End of file…]

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Bilsbe Aye Sanderson Aye 47 having voted in the affirmative and one in the negative committee substitue Senate Bill 129 passes its second reading without objection and will be read a third time. [Speaker Changes] North Carolina ?? [Speaker Changes] Is there any further discussion or debate? Hearing none the request before the Senate is a passage committee substitute Senate Bill 129 on its third reading all in favor will say aye [Speaker Changes] Aye [Speaker Changes] Opposed No [Speaker Changes] The ayes have it. [Speaker Changes} Committee substitute Senate Bill 129 passes its third reading and will be sent to the House. Senate Bill 341 The clerk will read. [Speaker Changes] Senate Bill 341 amend and abase and transfer law [Speaker Changes] Senator Rabon of Brunswick county will explain the bill [Speaker Changes] Thank you Mr President This bill does two things in effect and effects two parts of the state, one has to do with the reservoir in the central part of the state, and the other part is the coastal area. Senator Nesbitt likes to give a little history, so I give a little history, a quick history lesson about North Carolina. On the coast people settled in the communities, grew up on the edges of rivers or near the mouths of rivers. As they moved inland the Piedmont to the mountains they settled the bay, headwaters and along ridge lines. So we get our water from two different places the people in the mountains and the Piedmont their water supply from reseviors or dams, they trap it from the aquifer. When we get to the coast we don't have that luxury. We don't have the defined watersheds we don't have the places to build reseviors so we get our water from either ground or surface water, and the surface water is of course rivers. What this bill does is it allows the coastal counties to remove the water from the rivers or the surface water there, and not have to return it directly to that water or to that main stream river. The reason being they may have to pipe that water 35 miles inland if its utilized it'll be piped right back to the same river to go offshore with the next tide. This bill allows that not to happen and we can put it from one basin to another because its going offshore when we take the last drink, we're not starving anyone upstream or downstream of a water supply. The other thing that this bill does in its ?? abbreviate the modification process. This process of has historically taken three to five years and cost the counties three to five million dollars, A million dollars a year if you want to do that math. This bill will allow a modified process it is still stringent it has to go through the public review it has to go through scrutiny and approval process but it will take about one year and will cost the counties and locals about 150,000 dollars. Its a time saving measure its a measure that helps all the coastal counties and all the coastal areas. There is a provision in the bill, many people in this body are quite concerned over a lawsuit that occurred I believe in Supreme Court and we were very careful and worked with all parties to assure everyone in the state that the proper notification would be made, and this can only effect those specific areas that are mentioned . So I would appreciate your support its needed and thank you very much. [Speaker Changes] Any discussion or debate? Senator B ?? [Speaker Changes] To speak on the bill [Speaker Changes] Senator B?? has the floor to speak to the bill. [Speaker Changes] Thank you Mr President I want to share with you that apex, cary and morrisville all municipalities in my constituency welcomes this opportunity this common sense approach to increased efficiency in the regulatory process. Senate Bill 341 is a science based approach striking a good balance between protecting our environment and efficiency in government. This will help us when we are in a position to need to modify our current IBT plan because right now we are 15 years and over 10 million dollars in trying to get online the western water treatment plant that hopefully will be open soon and at some point in the future we may need some modifications and its very welcome and its reassuring to know that perhaps it will not 15 years and all of that taxpayer money to make it happen. Thank you for your efforts I know this was a group effort for many many stakeholders [Speaker Change] Is there any further discussion or debate? Hearing none, The question before the Senate is the passage of committee substitute Senate bill 34...

Second reading. All in favor vote aye, opposed will vote no. Five seconds will be allowed for the voting and the Clerk will record the vote. Forty eight having voted in the affirmative, zero in the negative, the Committee Substitute Senate Bill 341 passes in second reading without objection to be read a third time. [SPEAKER CHANGES] North Carolina ?? [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, the question before the Senate is the passage of Committee Substitute to Senate Bill 341 on its third reading. All in favor will say aye, Opposed no. The ayes have it. Committee Substitute for Senate bill 341 passes its third reading and will be sent to the House. Senators, once again we will mention upon the motion of Senator Meredith of Cumberland county. The chairs have either extended courtesies of the gallery to the North Carolina State Firefighters Association, consisting of over fifty three thousand firefighters, thirty seven thousand volunteers, and thirteen thousand career firefighters as well as twenty six hundred retirees, thank you for your service in North Carolina, thank you for joining us in the Senate today. Please stand and be recognized. Senate Bill 279 the Clerk will read. [SPEAKER CHANGES] Senate Bill 279 Estates Trust Guardianship Ammendments. [SPEAKER CHANGES] Senator Barringer is recognized to explain the bill. [SPEAKER CHANGES] Thank you Mr. President. This bill comes to us from the Estate Planning and Fiduciary Laws Section Legislative Committee of the North Carolina Bar Association, also the Business Law Section, and the North Carolina Secretary of State's office weighed in on this. In addition, the Clerks of Court of North Carolina Association has also reviewed these changes. There are a number of changes that are not technical corrections, but they're very technical in nature, so I will not belabor those points but would be happy to address questions. There are two policy changes I would like to call to your attention: One is the elective Shared provisions will be based on this bill on the number of years a person is married; and the second policy change is that this bill will expand the power of a guardian over an incompetent still under the jurisdiction oversight of the Clerk of Court in the court system to not only take advantage of the Federal Annual Tax Exclusion, but also make qualified transfers for tuition and medical purposes. I encourage your support of this act, this bill. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, the question before the Senate is the passage of the Committee Substitutes Senate Bill 279 on its second reading. All in favor will vote aye, opposed will vote no. Five seconds will be allowed for the voting, and the Clerk will record the vote. Meredith, aye. Wade, aye. Bryant, aye. Forty eight having voted in the affirmative, and zero in the negative, the Committee Substitute Senate Bill 279 passes its second reading without objection to be read a third time. [SPEAKER CHANGES] North Carolina ?? [SPEAKER CHANGES] Is there any discussion or debate? Hearing none, all in favor of the passage of Committee Substitute Senate Bill 279 on its third reading will say aye, opposed no. The ayes have it Committee Substitute Senate Bill 279 passes its third reading, will be sent to the House. Senate Bill 368, the Clerk will read. [SPEAKER CHANGES] Senate Bill 368 ?? description, pistol permits. [SPEAKER CHANGES] Senator Bingham will be recognized to explain the bill. [SPEAKER CHANGES] Thank you Mr. President. Ladies and gentlemen of the Senate. I had some rather unusual callers on this bill when they saw the title. It doesn't mean if you take drugs you get a free pistol, but it does mean that you will pay ten dollars for a copayment - currently there's a twenty dollar copayment for non-emergency medical care fee. ?? fees went from five dollars to ten dollars in 2011, and with the rising cost of prescription drugs this will help the Sheriffs offset some of their cost. On the pistol permits, more work goes into denying a permit than issuance of one, so

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country. [SPEAKER CHANGES] Thank you, Senator. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Brown, for what purpose do you rise? [SPEAKER CHANGES] Announcement. [SPEAKER CHANGES] Senator Brown has the floor for announcement. [SPEAKER CHANGES] Republicans will caucus immediately after session. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Nesbitt, for what purpose do you rise? [SPEAKER CHANGES] Thank you, Mr. President. A moment of personal privilege. [SPEAKER CHANGES] Senator Nesbitt has the floor for a moment of personal privilege. [SPEAKER CHANGES] Thank you, Mr. President. Members of the Senate, I wanted to bring something to your attention. I’ve seen it occur twice. I’m not on all the committees, so I don’t know how much it’s occurring but, in essence, the call for division is being ignored by the committee chairman. We’re in a situation here where that’s got to work to the detriment of the majority because you don’t have to mess around to beat us. You outnumber us two-to-one. It’s very easy to defeat us and, I’m going to tell you, if we start running this place ignoring the rules, we’re going to get in trouble. Rules and say you’re not going to have it and then we won’t ask for it and you all won’t ask for it. I’m not so sure that both sides of the aisle weren’t asking for it today. I would ask that the leadership here speak with the committee chairs. Either change your rules or ask them to abide by the rules. It looks very bad to the public when we ignore them and it clearly appears to the public that the vote was called the wrong way. [SPEAKER CHANGES] Any further notices or announcements? Any further business to come before the Senate? If not, the Chair recognizes Senator Berger for a motion. [SPEAKER CHANGES] Thank you, Mr. President. I move that the Senate do now adjourn, in memory of Joy Autry as requested by Senator Daniel, subject to the receipt of committee reports, the referral and re-referral of bills and resolutions, and the receipt of messages from the House and the governor, to reconvene on Thursday, May 2nd, 2013 at 11:00 a.m. [SPEAKER CHANGES] The motion is the Senate do now adjourn, subject to the stipulations stated by Senator Berger, to reconvene Thursday, May 2nd at 11:00 a.m., seconded by Senator Tucker. All in favor say aye, opposed no. The ayes have it. The Senate stands adjourned.