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Senate | May 6, 2013 | Chamber | Session

Full MP3 Audio File

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Representative: … in local government, in terms of the police chief and the mayor of the small town. You cannot beat that kind of commitment, a two hour community. Who would have known at that point, that as he moved the senate years later, I would replace him in the house. And now, in the senate, I feel like our lives and paths have been very entwined. You heard from the resolution how amazing his life and career has been. To be young, as he is, and to have accomplished so much in terms of law enforcement, local government, public service, his love and commitment to his family and to his church. If I can think about what was important to Senator Jones, I think you would all agree that he had a strong commitment to education. We were all in meetings together about education, particularly Halifax County. He was committed to eliminating poverty, and very proud to head up a joint committee on poverty elimination and economic recovery. We had some public hearings around the state and learned so much about what the keys were to poverty elimination. He really took hold of that whole idea of justice reinvestment. You all may remember that, as chair of the justice and public safety appropriations committee, he was really committed to that. He went to meetings around the county on that justice reinvestment issue. Finally, he came around to supporting raising the justice juvenal age which, initially, as a strong law enforcement man, was not his inclination, but he was really concerned and committed to the best for our youth, and became convinced that ending the school to prison pipeline, in whatever way we can, with strong services, with detention , if we needed it, for youth who were violating the rules, but also, looking to how we can keep them out of that adult criminal justice system, that was important to him. So, I just want to stand again in honor of him to call to your memory and our respect and consideration the life and service that he gave us. I also know that he was very close to many of you and often told me many stories of things you all did together and the ways he built relationships with you, and I am sure many of you will speak to that. Mr. President, at the appropriate time, I hope that you will also recognize his family, who is in the gallery, along with many locally elected officials, friends and loved ones of his. Thank you. Speaker: Thank you Senator. Senator Davis, for what purpose do you rise? Representative: To speak on the resolution. Speaker: Senator Davis has the floor to speak on the resolution. Representative: Thank you Mr. President. To members of the senate, I stand in support of this joint resolution today recognizing and honoring the life of senator Ed Jones, who was a friend to many of us, and especially me. We have many acquaintances in life but fewer friends, but Ed was a friend, and a dear friend to us all. We actually knew each other way before either one of us came to the senate. We served as mayors. He was in Danfield, Snowhill, and often traded notes but one thing I knew in the midst of it all, is that he truly loved serving people and Danfield, his district. Senator Jones, as Senator Bryant alluded to, was later appointed into the house, and eventually into the senate, and I can tell you, it can be a tough time as we make these transitions, but I was honored to actually chair the executive committee that actually appointed Ed in both cases, and in both cases, that executive committee knew that it had just the right person. While briefly serving a term together in the senate, he was a friend that many of us have that, you know, we would go down to the snack shop before session, after session, and talk about what was going on. He often conveyed to me, especially of those who served with him, to be a part of this distinctive institution and to serve with such distinguished colleagues.

Representative: He said that in the private conversations. We also talked about bills and as we spoke about our bills, he had a litmus test. His litmus test was this simple: how would the bill impact poor people? That is why he often said to me, what was the impact on poor people, actually he said poor folk. We would converse and we know that the many contributions that he served and provided in this chamber, as he was a very well respected and regarded voice, especially when it came to crime control and safety. We could trust his voice. He lived by his legacy and his motto, where he would say that it is not about the titles that we possess, it is about the job that we do. Those that said no, Senator Jones, was first class and he topped it off with that signature bowtie. Senator Jones is deeply missed. I miss him truly, but his influence is with us today. I would like to thank Maryanne, who is up in the gallery. Thank you Maryanne for sharing Ed with us. As we talked about, he was a very adventurous person. Thank you for letting him venture into the general assembly. To his daughters, Alicia and Ginselle, to Andrea and Lineara, to those grandchildren, you know that he loved dearly and spoke about you often. To Erma, Senator Jones remained grateful to you and appreciative of all that you did for the residents of the district, and more importantly, your loyalty. I would like to say, personally, to Senator Apodaka and President Berger, thank you for all the that you lend in the transition of that office. We are ever appreciative. Lastly, I will share a story. I was visiting with Ed, and this is just to attest to the kind of character that he was, I was visiting and we prayed together once in a hospital and he looked up to me and said that he was fortunate, smiled, and he was very jovial or laughable. He would keep you laughing. He looked up me and said that he was so fortunate and blessed, and I said to him – Ed, what do you mean? He said, in the midst of my situation, I have been afforded an opportunity. So many people wake up every day assuming they are going to come home and they don’t come home, they don’t get that chance. There are car accidents and all kinds of things that take people away. It is kind of interesting because riding up today, there were five accidents and two detours off the 64 - how interesting. But he said, I have been given an opportunity to get it right and to make preparations. I say to everyone here – lets hold on to this legacy. Lets work every day to get it right. Lets not take for granted any breath. Lets count our blessings. One of the greatest blessings that I could ever count is having known my friend, Ed Jones. Speaker: Senator Brown, for what purpose do you rise? Representative: To speak to resolution. Speaker: Senator Brown has the floor to speak to resolution. Representative: Thank you Mr. Speaker. I don’t know that I can add a whole lot more than Senators Brown and Davis have added, but I will just speak briefly what I think about Ed the most. Ed was kind of a soft spoken guy: you never would seem him get too excited, he was an even keeled guy, from what I remember most. One thing I will say, I don’t think there was anyone in this chamber that did not respect Ed Jones. He had the utmost respect of everybody just because of the way that he carried himself each and every day. Ed never got up and spoke very much on the floor but

One thing I always remembered most about Ed is when he got up to speak, everybody listened, because he always had a message when he spoke. And I think that was because of that true respect that we all had for Ed Jones. I had the opportunity to go to his office several times, and ... to talk about issues important to eastern North Carolina and to his district, and he was always gracious, and he loved his district and loved his family. We talked about that several times in his office as well, and... Ed was just... became a pretty good friend of mine, and I'm going to miss Ed Jones. He was just a special guy. [SPEAKER CHANGES] Senator McKissick, for what purpose do you rise? [SPEAKER CHANGES] Speak on the resolution. [SPEAKER CHANGES] Senator McKissick has the floor to speak on the resolution. [SPEAKER CHANGES] As my colleagues have indicated, Ed really was that very special member, somebody whose friendship I personally carry and someone who I enjoyed many days and occasions with, whether speaking to him about the political issues of the day or sitting back and just enjoying humor at that snack bar or wherever we may find ourselves. He was a person of great compassion, somebody who understood the needs of everyday people, somebody who, as a former police chief, former state trooper, former mayor, understood the needs of small towns, understood the needs of individuals. When there were floods that impacted his district, he was the first to come forward and ask us to pull together the resources to help those people that were hurt. When there were tornadoes that impacted his district, he was among the first who were out there helping those people in need and coming back to here to rally for resources to help those that had been impacted in a way that was profound in affecting their lives. He was certainly someone who understood that when it came to poverty, that whatever that we could do as a state to uplift those individuals was something that we should accept as a charge and as a mission and serve with him on that poverty commission that he established years ago. I will greatly miss Ed for all that he did and for all that he contributed. Nobody was probably more knowledgeable on issues about law enforcement when they came before us. We all listened to Ed's perspective. He served with dignity, he served with honor, he served with class, and he served with integrity. We will all miss Ed for his tremendous and significant contributions, but we thank his family for allowing them the opportunity to let him serve time here in this chamber with us, because it was certainly a major sacrifice that... and he never realized that he was cheating himself of that time. I know in his final days was spent a number of occasions visiting with him over at Chapel Hill, the hospital, and even in those final hours he wanted to continue serving. There was never a time that he did not know what we were discussing here. There was never a time that he was not aware. And while the time was running out, he still carried that concern and that commitment about the direction that we were taking. I know one day when I was there I was talking to his wife and they said, "Well, it looks like he's going to be going home. We're going back home to rest." And I thought at the time perhaps that was a good sign, that perhaps things had taken a turn for the better. But I realize in speaking with her that day that what it really meant was that there was nothing further that anyone could do. It was time for him to go back home, and to be with his family in his final hours. We thank Ed for giving so much of his life, so much of his time, to his state and to his community, and we thank his family allowing us the privilege and honor of having served with him. [SPEAKER CHANGES] Thank you, Senator. Is there any further discussion or debate? Senators, we do have a leave of absence granted today for Senator Newton. Question before the Senate? [SPEAKER CHANGES] Mr. President... [SPEAKER CHANGES] Senator Berger, for what purpose do you rise? [SPEAKER CHANGES] Speak to the resolution. [SPEAKER CHANGES] Senator Berger has the floor to speak to the resolution. [SPEAKER CHANGES] Just briefly... I don't think I can add anything to what's already been said other than Ed Jones is probably one of the finest men that I've ever met, and I think, to a person, everyone in this chamber would agree with that. His legacy, I think, is the memory that we all have of him and how he carried himself, as was referred to. But it's just a pleasure to have known him and it's a pleasure to know that people like that serve in this body, so I commend the resolution...

Solution to you. [SPEAKER CHANGES] Thank you Senator ?? is there any further discussion or debate? [SPEAKER CHANGES] Hearing now in the question for the Senate is the adoption of Senate joint resolution 35 on its second reading. All in favor will vote aye, opposed will vote no. 5 seconds will be allowed for the voting and the clerk will record the vote. 47 having voted the affirmative, and zero in the negative. Senate joint resolution 35 passes the second reading without objection will be run a third time. [SPEAKER CHANGES] North Carolina ??? [SPEAKER CHANGES] Is there any further discussion or debate? Hearing 9 all in favor of the adoption of Senate joint resolution 35 on its third reading will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed no. the Aye’s have it. So the joint resolution 35 passes it’s third reading and Senator Apodaca would you like to have it sent to the House by special message. [SPEAKER CHANGES] Yes sir, please. [SPEAKER CHANGES] And it will be sent to the House by special message. At this time the chair would like extend courtesies of the gallery to the family of Senator Ed Jones. The Senator’s wife Mary Ann Holden Jones, his daughter Alicia Jones-Garrett, and her husband Donzel Garret, daughter Andrea Jones-Long and husband Lamer Long, and granddaughters Farrah Long, Charisma Garret and Carmen Garrett. And if you’re in the Gallery please stand to be recognized we thank you for your presence today. [APPLAUSE] Senator Jones also has a number of friends in the gallery who are here for this occasion. From Halifax county Vernon Bryant County Commissioner, Frank Avent, Chair of board of trustees at Halifax Community College. Julia Meacham the Mayor of Weldon, Carl Faribee Mayor of Protim of the city of Roanoke Rapids, Mark Macon of Weldon, North Carolina Police Chief and friends from North Hampton County Bennett Taylor, Bobby Edwards, and Viviane Branch of the NAACP as well and Thelma, Marcus and Bobby Edwards and friends from ??? County Stan Elliot director of the statewide cape program at Shaw University. We thank you for being here with us for this occasion as well. [APPLAUSE] [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Brock for what purpose do you rise? [SPEAKER CHANGES] Make a motion. [SPEAKER CHANGES] Senator Brock has the floor for a motion. [SPEAKER CHANGES] At the words spoken tonight I’ll Senate joint resolution 35 be spread upon the journal. [SPEAKER CHANGES] So ordered. The Chair Elective sends courtesies of the gallery to former North Carolina Senator Bob Atwater who is in the gallery today. Senator Atwater are you still in the gallery? IF you are please stand and be recognized. [APPLAUSE] Ratification of bills. The clerk will read. [SPEAKER CHANGES] Enroll bills. The rolling clerk reports the following bill dually ratified for presentation to the Governor. Senate Bill 83, an act to incur an volunteer healthcare and free clinics by limiting the liability of medical and healthcare providers if the free clinic provides patients with notice of limited liability. [SPEAKER CHANGES] Back to the calendar. Public bills we have 2 third reading roll call bills on the calendar. Senate bill 58 the clerk will read. [SPEAKER CHANGES] Senate bill 58. Increase funding for judging. [SPEAKER CHANGES] Senator Brown is recognized. Any further discussion or debate? Hearing none the question for this senate is a passage of the committee substitute number 2. The senate bill 58 on its third reading. All in favor will vote aye. Opposed will vote no. 5 seconds will be allowed for the voting the clerk will record the vote. Bingham, Bingham Aye, Newton, Newton Aye. [SPEAKER CHANGES] Mr. President. I’d like to change my vote to no please. To no. [SPEAKER CHANGES] Senator

dishes are-a-as his own set of zero-option- of services time as well as those that seven days of some of the season for magicians and a replay of childhood on telling the audience thirties that was time may soften the juices and bill 58 a fast start reading time is sent to the house cent-76, when ??8-6 in state at the difference that his nose-day seminar of that was present in the senate, and some friends and enemies ?? that the senate is no mention of a dividend of them into the Home Centers recognizes when Davis president said yesterday that the house and friends came from the time shows how to shoot for support and the secession of that date of the citizens of us down and out of the I-5 seconds ago I wrote in a report for tonight-CIO ones of the lessons at 4:00 in the possession of a dairy, has risen as fast as a substitute on Tuesday no one said the¢ loss to reading all day and I was the man-to- ?? one of ??had admitted to zero lead in the sons and daughters and all 4767 passes for treatment of times the SMS the vandal center in saint-5448 cent of the end of that is the requirement that are designated-dusters when the data as president-elect and his then -husband's of the fact of the U.N. has missing-for the state of the judge's ruling times higher than the Dean the technician at that and also supported a 7% of the me out of here all of the defendant had a heart and soul to be here in court and that this is the state's second-class eight visit the is created by the fact one of the the-art is time to end the season as the zoning of being dismissed of the class four times in-the-herein lies the past two days of their schedule today it has a one-time is sun of this mail to a level of the events in the stands that it would be the access of his 14- the certain that these times 2000 infants in the city a and the center's acting as a percentage that any of the five issue a one time and was the city that the use of the these requirements from the national and denied as a hospital that the economy, $14.00 and so was the sizzle that as well as bill 7007 , of these test for 87 we can help us achieve these of the city of Mortar and the height of the ??of the Sierra view the end of the land has requested steelhead center for urging us this, as the recession-scented sea Isle AM seven this year that's where this testing with CNN legal challenge of managing the definition of intent day-to -end as the setting is the entire ………..

pledge to say that the lab that did the test, the technician that did the test to declare them an expert regarding this test. [SPEAKER CHANGES] Senator's time for purpose of your ayes. [SPEAKER CHANGES] To see if the bill sponsor will yield to a question. [SPEAKER CHANGES] Senator Davis, do you yield? [SPEAKER CHANGES] Another attorney is after me. [SPEAKER CHANGES] Senator yields. [SPEAKER CHANGES] I do. [SPEAKER CHANGES] And I'm not after you, I want to make sure I understand, it's not only who gets to testify, but it's who does the work and it applies to the state lab as well and so for instance, I'm looking in section C4 lines seventeen through twenty three and I'm having to scroll down to see what page it is. We're getting there sir, page three. My concern isn't testifying in court where there's a big backlog and wanting to drive people up from Raleigh, I completely sympathize with that problem, but it also seems to weaken the requirement of who can do the actual analysis and it would seem like we wouldn't want to weaken the standard for the state lab in terms of having people achieve a certain level of certificate. Is it your intent to do that? And is it your understanding that the bill does that? [SPEAKER CHANGES] Senator Stein all tests that the lab does are not equal and to require a lab to do the DWI test can amount to having a physician take out a splinter. It's just not practical. This is not rocket science to do these things and we need to get these DWI offenders off the road and this is a bill to accommodate, especially the western part of the state and other rural communities as well. Because like I said, dozens of them are being dismissed because we - sometimes the lab technician won't show up in Raleigh because they're so busy, they're overloaded here. [SPEAKER CHANGES] Any further discussion or debate? Hearing ?? the question for the Senate is the passage of committee substitute to Senate bill 285 on its second reading on favor vote 'aye', on oppose vote 'no.' Five seconds be allowed for the voting clerk to record the vote. Newton, 'Aye' forty three having voted in the affirmative and six in the negative committee substitute bill 285 passes its second reading without objection and will be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Any further discussion or debate? Hearing none, the question for the Senate is the passage of committee substitute, the Senate bill 285 on its third reading. All in favor will say 'aye,' opposed 'no.' The 'ayes' have it committee substitute bill 285 passes its third reading and will be sent to the House. Senate bill 354, the clerk will read. [SPEAKER CHANGES] Senate bill 345 revised ordered as responsibility. [SPEAKER CHANGES] Senator Davis of Macon County is recognized to explain the bill. [SPEAKER CHANGES] Thank you Mr. President. This bill does a couple of things. One, it takes the state auditor off of the committee on actuarial valuation of retired employees health benefits and substitutes the Attorney General. And it also allows the state auditor to do audits on the university system. And this is a request by the university system. Before, some of them were doing - having different auditors from different places do the audit on the university system, what this allows is to have some semblance of certainty for all these things, they're held to the same standard. I recommend this to you as well, thank you. [SPEAKER CHANGES] Is there any further discussion or debate? Senator Robinson, what are purpose of your ayes? [SPEAKER CHANGES] To ask the bill's sponsor a question. [SPEAKER CHANGES] Senator Davis, do you yield? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] Senator Davis, I do not object this, I think that's good, but it was my understanding - are you sure that the university system already is not - there's a requirement that the state auditor does the auditing, or is what the bill is saying? [SPEAKER CHANGES] That's what the bill is saying. My understanding is they have the flexibility to go to other auditors, that's why the auditor came to me and asked for this and actually she was request - this bill was requested by the university system, so that the audits basically lay on top of one another, they're using the same language for the audits. [SPEAKER CHANGES] Ok, I don't object to

Bills: Speaker1 : [xxxxx] all of the system were on it by the state auditor and that’s where the report came from, but I don’t object to the bill. Speaker changes: Any further discussion and debate? [pause] Hearing none the senator will pass the center bill 354 for the second reading. All in favor say aye all opposed no. Five seconds we will have for the vote and the clerk will open the vote. Forty nine having voted in the affirmative and zero in the negative center bill 354 passes its second reading, without objection for the third time. Speaker changes: xxx Speaker changes: Any further discussion and debate. Hearing none the senator passed the bill 354 on third reading; all in favor say aye , opposed no. The ayes for center bill 354 passes its third reading and will be sent to house. Bill 443 Speaker changes: 443 amendment of firearms law. Speaker changes: Senator Brock is recognized to explain the bill. Speaker changes: Thank you Mr. President, ladies and gentlemen of the Senate , what this does, it adds an additional authority to adjudge an abandoned fire arm to be sold in the public auction, to those who are only to those that are licensed firearm collectors, importers and manufacturers. We fought with the law enforcement in the state and everybody’s in agreement with this, it is just an additional way for law enforcement to sell these abandoned weapons and they are in agreement. Speaker changes: Speaker changes: Any further discussion and debate? Hearing none the senator will pass it to the committee substitutes center bill 443 on second reading. All in favor vote aye and those opposed vote no. We will have five seconds for the voting and the court clerk will open the vote. [pause] Apodaca aye , Kinnaird aye, Graham aye, Clark?? aye, Brock?? aye, Speaker changes: The president no. Speaker changes: Kinnaird no. Sorry senator, I can’t see that far. Forty six having voted in the affirmative and 3 in the negative Committee substitute center bill 443 passes its second reading, without objection to be read a third time. Speaker changes: What can I . I share that. Speaker change: Any further discussion and debate. Hearing none the center passes the bill to committee substitute bill 443 on third reading, all in favor say aye opposed no; the ayes have sent the substitute committee center bill 443 passes its third reading. It will be sent to the House. Center bill 558 for reading. Speaker changes: Center bill 558 shares and investments. Speaker changes: Senator Hise?? is recognized to explain the bill. Speaker changes: Thank you Mr. President, members of the SENATE. Members this bill comes as an emergency bill from the treasury , what we are looking at here, it’s currently under state law, in addition to stocks and bonds that are owned by the treasurer , there is an alternative investment pool . There are five items in the investment pool and an aggregate of those cannot exceed 34percent of the overall investments; each one of those pools has an individual cap on it in the range of somewhere between five percent and ten percent for each of those . In order to simplify that because any one of those say five percent could wind up exceeding that cap through solid performance or poor performance of the rest of the market moving forward. This eliminates those individual caps and comes to an aggregate of 40 percent of the investments that cannot be exceeded in alternative investments as well; some other technical clarification to the treasurer’s investment block, bill asks for your support. Speaker changes: Any further discussion and debate. Hearing none the question for the center to pass the bill 558 on its second reading . All in favor vote aye, opposed no. Five seconds we will have for the voting and the court clerk will open the vote. [pause] Forty eight having voted in the affirmative and one in the negative, center bill 558 passes its second reading without objection to be read a third time. Speaker changes: Can I [xxx??] Speaker changes: Any further discussion and debate? hearing none the question for the senator to pass the center bill 558 on its third reading. All in favor will say aye, opposed no. The ayes have sent the center bill 558 passes its third reading and will be sent to the House. Center bill 574 is here for reading. Speaker changes: Center bill 574 for xxx bond valid for a certain time period. Speaker changes: Senator Randleman ?? is recognized to explain the bill. Speaker changes: Thank you. Mr. President, ladies and gentlemen I need to begin by expressing appreciation to the members of the judiciary II Committee assisting Senator Floyd McKissick, Tommy Tucker , Dan Soucek ??, and Bill Cook have worked on the legislation you have before you today.

This legislation applies to appearance bonds where the defendant is charged with a misdemeanor, except for offensives involving impaired driving. It has three provisions. If the case or cases are not disposed within 36 months of the date of the release on a bail bond, the surety's obligation will automatically terminate, with the defendant remaining obligated on the bond. With the consent of the Administrative Office of the Courts, they are directed to modify the appearance bond to indicate the 36-month term. This legislation is retroactive, so all existing bonds, professional and surety bondsmen are obligated to provide written notice to the defendant that their obligation under the bond will terminate 36 months after the bond was provided. The intent of this legislation is to alleviate the burden on our counties to house defendants awaiting pretrial release. District attorneys and bail agents were included in the discussions, and I know of no opposition to the legislation. I ask for your support. Thank you, Mr. President. [SPEAKER CHANGES] Any further discussion or debate? Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] To send forth a Rule 29 excuse. [SPEAKER CHANGES] Senator Apodaca, you can send forward your paperwork. Is there any further discussion or debate? Hearing none, the question for the Senate is the passage of Committee Substitute Senate Bill 574 on its second 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. Newton, Jenkins, Clark, aye; 47 having voted in the affirmative and zero in the negative, Committee Substitute Senate Bill 574 passes its second reading and without objection will be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Any further discussion or debate? Hearing none, the question for the Senate is the passage of Committee Substitute Senate Bill 574 on its third reading. All in favor will say aye, opposed no, the ayes have it. Committee Substitute Senate Bill 574 passes its third reading and will be sent to the House. Senate Bill 634. The clerk will read. [SPEAKER CHANGES] Senate Bill 634, Increase Penalties/Utilities Theft. [SPEAKER CHANGES] Senator Newton is recognized to explain the bill. [SPEAKER CHANGES] Thank you, Mr. President. Members of the Senate, this bill is to combat the rising problem of attempts by folks to bypass their gas meters and hook up their houses and their businesses on their own, with such items such as bicycle tubes and garden hoses. And as you can imagine, it presents quite a public risk. There have been accidents. And what this bill does is increases the criminal penalty for doing such acts as this. This bill was well vetted in the Judiciary 2 Committee. Senator McKissick asked us lots of questions, and I hope we answered all of his questions. The penalties that are increased are consistent with the Sentencing Commission guidelines, and I worked with ?? ?? and the Chair of the Judiciary 2 Committee to get this right. Be happy to answer any questions. I commend it to you. [SPEAKER CHANGES] Is there any further discussion or debate? Senator Blue, for what purpose do you rise? [SPEAKER CHANGES] Will the gentleman yield for a question? [SPEAKER CHANGES] Senator Newton, do you yield? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] Senator Newton, I can understand the danger associated with somebody doing one of these tricks on gas or electricity, but what about water? [SPEAKER CHANGES] Senator Blue, I appreciate that. There are significant public health risks to hooking up your water when you don't have back-flow regulators in place and so forth--you can contaminate the whole water system. [SPEAKER CHANGES] Any further discussion or debate? [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Bryant, for what purpose do you rise? [SPEAKER CHANGES] I have a question for Senator Newton. [SPEAKER CHANGES] Senator Newton, do you yield? [SPEAKER CHANGES] I never got really clear, we were sort of going through a lot of agenda items in J2, and you and Senator McKissick were going back and forth about what actually is the liability of a landowner in this situation. Could you just sort of review that so that I know and we all know what has to happen for you to be criminally liable in this situation. [SPEAKER CHANGES] Thank you, Senator Bryant. As you know, you have to be beyond a reasonable doubt, culpable in an act such as this. If a tenant does it, the landlord would not be responsible for that, but if the landlord's involved, they certainly would be

And subject to all the penalties. [SPEAKER CHANGES] Follow up, Mr. President. [SPEAKER CHANGES] Do you yield, senator? [SPEAKER CHANGES] Yes. [SPEAKER CHANGES] Okay, I just wanted to make it clear that a landlord could end up going to court because if there’s tamper with his prima facie evidence, if the box is tampered with correct? I think I’m right. If this prima facie evidence of the landowners’ responsibility or of the landowners culpability, the landlord would have to go to court and tell to the DA or somebody and say well it wasn’t me it was the tenant or whatever they would wanna put forth. Is that correct? [SPEAKER CHANGES] As you know Senator Bryant, there’s a whole host of scenarios that could occur and certainly it’s possible that landlord could be looked at for prosecution is if they had somehow been responsible for it. Just like any other citizen might be looked at and investigated as a potential suspect in a crime. So that’s entirely possible. If they didn’t have anything to do with it, then certainly the state has to prove this case beyond reasonable doubt. So, thank you. [SPEAKER CHANGES] Any further discussion or debate? Hearing none, the question before the Senate is the passage of the committee substitute to Senate Bill 634 on its second reading. All in favor, vote Aye. Opposed will vote no. 5 seconds will be allowed for voting. The clerk will record the vote. Graham, Jenkins. 45 having voted in the affirmative and 3 in the negative, committee substitute to Senate Bill 634 passes its second reading without objection and will be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Any further discussion or debate? Hearing none, the question before the Senate is the passage of the committee substitute to Senate Bill 634 on its third reading. All in favor will say Aye. Opposed No. The Ayes have it, committee substitute to Senate Bill 634 passes its third reading and will be sent to the House. We have one bill, a public bill for third reading. Senate Bill 489. The clerk will read. [SPEAKER CHANGES] Senate Bill 489 Consumer Finance Act Amendments. [SPEAKER CHANGES] Senator Gunn is recognized to explain the bill. [SPEAKER CHANGES] Thank you, Mr. President. We had some great discussion on this bill Thursday. From that discussion came three amendments that I think made a good bill even better. With that been said, I have no further comments and appreciate your support. [SPEAKER CHANGES] Senator Robinson, for what purpose do you rise? [SPEAKER CHANGES] To send forth an amendment. [SPEAKER CHANGES] Is the amendment on the dashboard, senator? [SPEAKER CHANGES] It’s coming up to the clerk now. [SPEAKER CHANGES] You can send forth your amendment and let’s get it on the dashboard before I recognize you to discuss it. The clerk will read. [SPEAKER CHANGES] Senator Robinson moves to amend the bill. [SPEAKER CHANGES] It is on the dashboard senators. Senator Robinson is recognized to explain the amendment. [SPEAKER CHANGES] Thank you, Mr. President. As you heard on last Thursday, I had some concerns regarding consumer credit counselling and how people get in to debt and don’t seem to have the education in terms of financial literacy to understand what is going on with their credit and how to get out of that, how to be better citizens in terms of paying their bills etc. And so, I’m sending forth an amendment to require that certain borrowers have consumer credit counselling. I’m not saying who has to do the counselling but certainly that they have that. I assume that most of us in here understand how to do that. But often times, people get in the middle of large debts so that they can even have a thousand dollars, don’t know how to pay it off. They default a couple of times, they miss a few payments, they go back for re-finance link so that they understand what is going on, how to better handle their payments. If they’ve been late 2 or more payments or they deferred a payment, they defaulted on the loan or they are re-financing an existing loan. This is to help them to be aware of how to manage and most of you in here, I assume all of us know how to manage. I know Senator Hise does how to manage and I try to do this and I still but we have an obligation to educate the rest of our citizens so that they are good citizens as well in terms of paying their debt. So I [commit] the amendment.

Senator Gunn, for what purpose do you rise? [SPEAKER CHANGES] To speak to the amendment. [SPEAKER CHANGES] Senator Gunn has the floor to speak to the amendment. [SPEAKER CHANGES] Thank you, Senator Robinson, I think we all, generally speaking, want people to make good decisions when it comes to credit. One thing I do like I about Senate Bill 489 is that we do have a lot of consumer protections in it, including for our young military members, and keep in mind you have to sit down face to face, you have to be qualified, you have to have payments, this is an advertised loan. I think this bill itself affords a lot of counseling, and it seems to me that this particular amendment, if it were to be applied, may be shouldn’t be just applied to this loan. I don’t think that this is the right avenue to do that, I think this would be better served if was part of a broader based counseling deal, so I would ask you to oppose the amendment. [SPEAKER CHANGES] Senator Robinson, for what purpose do you rise? [SPEAKER CHANGES] To speak on the amendment once more. [SPEAKER CHANGES] Senator Robinson has the floor to speak on the amendment a second time. [SPEAKER CHANGES] Thank you. I want to say that, and I’ve said to Senator Gunn, while I support and I want us to make sure that, as opposed to Visas and credit card, that we have this as an alternative for people, and that’s a good thing. But I also think that we have an obligation, some of the data that was pulled up showed that 279,000 of the loans or 61% were made to people and the loan size is $1000 to $3000 and the next size $3000 to $5000. 64,000 loans were made. That indicates that these are people who are the working people who have some financial issues, something’s going on they had to borrow that money. They may run into default, they may have to refinance, etc. They’re having problems, oftentimes they don’t know how to get out of that. All companies don’t do that. I think it’s imperative that we give people that kind of information so that they can make good decisions. I know that some of the financiers have said that those folks may go somewhere else. Well, if they are good businessperson, those people are going to return to them. They’re going to return and borrow money once they pay off that debt. If I were you, I wouldn’t want anybody defaulting, I’d lend them some more money. That means that you’re going to go to court and you’re not going to get your money back anyway. I think this is something that we ought to have in the law so that we are looking out for our citizens. [SPEAKER CHANGES] Is there any further discussion or debate. Senator Gunn. [SPEAKER CHANGES] Just quickly, let me reiterate that to tag this particular provision on this one loan avenue to me is not appropriate, there’s any other number of loans out there in other states. Credit cards that don’t have these type of revisions and I would ask you to oppose this. [SPEAKER CHANGES] The bill’s sponsor asks you to oppose the amendment. Is there any further discussion or debate? Hearing none, the question before the Senate is the passage of amendment seven. All in favor vote aye, all opposed vote no. Five seconds will be allowed for the voting. The clerk will record the vote. 15 having voted in the affirmative and 33 in the negative, amendment seven fails, Senate Bill 489 is back before the body. Any further discussion or debate? [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Kinnaird, for what purpose do you rise? [SPEAKER CHANGES] To speak a last time on this bill. [SPEAKER CHANGES] Senator Kinnaird has the floor to speak on the bill. [SPEAKER CHANGES] Thank you. I’m very disappointed that we did not add this. The credit union has this type of small loan and they do require it, actually. But what I’m really disappointed at is that this is an unsophisticated borrower. Very often, with a minimal education struggling, they’re not making comfortable wages. They are struggling. And for us to take advantage of them, not us, this industry to take advantage of them really bothers me. There was an amendment last week which blended anybody who is taking a loan up to $15,000, but that ‘s disingenuous because people who need to borrow $15,000 can go to a regular bank and get a 6 to 7% loan. 94% of these loans, 94% are less than $7,500 so giving that break to those people who supposedly are going to do the $15,000 is meaningless. We are hurting people getting them into a cycle of debt. We have statistics that show this cycle of debt occurring over and over again. And if we take the military out because it might hurt the military...

Why I we are considering that is feeling other people. So I intend about against the bill. Thank you. [SPEAKER CHANGES] So I reqest prof.?? [SPEAKER CHANGES] so for the memr [SPEAKER CHANGES] St.jews Here is the another member of the dashboard.yes it is on the dash board. [SPEAKER CHANGES] The member of the curcurry [SPEAKER CHANGES] The quark wants to remind the bill.so you record your force speak to the memr. [SPEAKER CHANGES] Don was the debate was made and individuals talk that home there cannot be finanace and I to call in that time over I indicate that thing that I seen that anywere in the bill and I indicated that the person was the first and finalize for the minute.i have nothing able to find the legal support I had no command ?? I have able to find therefore for this minute and all others says is the slaw cannot be refiners more than one time done a three appear. we cannot know this false entry and a cyclone is there I suspenses this freque we take out this now. The peace observed with the bench to slice the high the path it to systemise this what they continue that’s what the situation is not a I boarded second reading without this I can also support the third reading . [SPEAKER CHANGES] before the discussion in the debate[SPEAKER CHANGES] ?? [SPEAKER CHANGES] To speak to the memr [SPEAKER CHANGES] Actually in the dialogue working with ??and members of the assembly actually taken provisions and to think about it to stop this alagations that the that is recurring now . [SPEAKER CHANGES] They have refine using just now[SPEAKER CHANGES] Alumie provision 6317 which was more length and ??more illuminated take provision the opportunity to refine answer and clear has gone away. Also extreme in the tram from six marks to trade marks Whats again stands to change my reasons that someone cannot refine as before 12 month period that we had infact changes the time frame and allotted the lab force you refine as it.finally I like about as the bill was the fore fee and the instead of trying to go through do it as a fore the very very nominal co st allows you to take that climate impeded to the end of the year its like the emerisation and they were and that was the time the backup and ??and so we had made many provisions in this situation in this way period to protect the refine using and therefore I would has the due a force this the moment. [SPEAKER CHANGES] Before discussion in the debate I request the ?? the passage of the member 8 on favour of ?? 5 seconds be allotted for the wording before we code code the word. Well in the verdict of 36 in the memr of 8 and the bill and the passer of the body. [SPEAKER CHANGES] Before the core [SPEAKER CHANGES] Yes for refinement[SPEAKER CHANGES] Core says [SPEAKER CHANGES] yes [SPEAKER CHANGES] time the core he has[SPEAKER CHANGES] I was a member[SPEAKER CHANGES] Mr.president[SPEAKER CHANGES] This was the final members are 13 and 35 in the and the bill is back to force [SPEAKER CHANGES] To ask the bill the question[SPEAKER CHANGES] ?? [SPEAKER CHANGES] So mr gun each time a person we finances we have to take out for the court?? [SPEAKER CHANGES] its not its about 411 dollars and its about and each time they they know and now if a person dies for his parent and who gets the money the family the ars or the company. [SPEAKER CHANGES] ?? to give you the best answer for that you talkend about.

difference in the timeshare-honed in on the movement of the deceptively easy on me asking for the provision you're referring chancery provisions of total to 409-course and I have some impact of an 8-9 dollars each time a mistake and the call is for its products history and ?? had five-to the server and conscience is is a mandatory ??-session that same day as-as much as seven era question please send in air time it a center that the statement the nation at that time, office, 'cause you see a sensitive issue of the day the husband-and a sophisticated one segment that was standing in his findings to us and I think that the snow is to set aside a civil ceremony unified and he's the same thing, I had a hard-money was as an educational my ideas are comfortable time that the investigation of these sound area and, since that time of the seven-fashioned that the 11-nation, by the animal education of the times each at the suppression unit for some time, judges and-a-half as originally planned in the future of different section eight tile area businesses passed a substance and all 4891; (SPEAKER CHANGES)therefore provide those with the license fee-for-?? to resign within the department of the data base of Susanville 49 passes for times in-house and senate and house so that some of the john's times change, the Israelis Center were ginger yes ??of the DVD, the San the seven-Steven this time, these pages of weeks of ages and I'm always make your wife and daughter, as the Indians as far as an activist U.S., ms-DOS one of the time has been studied for permitting them in the way NT facilities in this comedy activity with several other hand, has been financed, and in many a time in the sermon of the defendants then dollars federation starting this present, say the six of the debate on this commission of a husband of those reform committee on commerce of judges award-additional certain requirements soared at rest, as if the defense of the times, this is the devices, the other forms of dance also has a referral to the style of judges the house bill for 3327, for installations, 489 times sat, as a 0 to 5 miles of judges or say the 40 cents for the times, section five-week leads the stadium's as we did with the rules, the father of the house is the setting, increase the size of message of us is recalled from office has reportedly & judges more times than some of the on the response as best as is the contest this was one of the Hamas projections and 1¢-47 times since four, 377 for this to get the fund has been the state of the dns they're ??.....

Chinese CD-as-74 to 5 agencies for the destination, the husband-and seventh of the events of this as a ??at the pages that made the date is Sunday at 10 this week by other thing that the Levee hours a day that the defending of that time of the data that daddy and Stanford 80,000 people in China and Korea, that that was the end of the dead in the second major the patient enough that the that have at the end date, that the vast that that is the fact that some days that advantage of his services at half time and of a sad ending that, that the ATF that has announced as a chance that the site of a less-handed way restated the late forties(SPEAKER CHANGES) Tyler Davis has announced the resignation for 44, entered the bidding to test of the mission, they have all sides of the roof of the own climbers of the time the judges have ¢ about where she runs as the same as for the time that have surpassed the access center that if a person has some good option for some reason for the future for ????every action that vendors and the house for a time, is one of the doctors in Mclean said of the U.S. and Allied one of the end of act one, acting administrator that time, these 1-4 and one of the longtime has been a 1.51 for us, and 1.515 yen to require modifications times did all the data sent him that the government, Gladys called information regarding restaurant from the invasion of that and it has been one of child-request this, made of the message and then ??daughter , and others in the announcement today as the NASA-Deja vu on teaching, time activity, is the Norris, lee, but it is the sponsor of counter- resellers and the necessary actions to the issue has made an announcement sometime this fall and rise refiners operations centers that made me constantly played Monday of eight of which is a hard time handling dns Sr.-74 per share on its all-cash benefits and as there are one person-to-the- the times that of the legend is not synonymous with the different servers that I love that-technology finance reasons, and if there's any doubt in this chamber won two of the data to first listen to the own time of resolution and the then-current system that Mr. Davis and the second the Haile date of this has some good investment one time to increase your spouse you with them I did a ????...................

counted him to be a dear friend. Without going on and on, he was quite an example to me about civility and being a humble man and working together on issues even when you don’t agree with folks on the other side of the aisle. I remember his speech that he gave on this chamber floor when he requested that at some point in time it would be nice if we could all kind of swap seats up and not be the back row and the front row, and maybe at some point Senator Berger would have been able to do that, but that was one vote I did not want to miss. I’m sorry I wasn’t here for it. [SPEAKER CHANGES] Thank you, Senator. Any other notices or announcements? Is there 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 Senator Ed Jones, subject to the referral and re-referral of bills and resolutions and the receipt of messages from the House and the Governor, to reconvene on Tuesday May 7 2013 at 2 pm. [SPEAKER CHANGES] The motion is the Senate do now adjourn subject to the stipulations stated by Senator Berger, to reconvene Tuesday May 7th at 2 pm, seconded by Senator Davis. All in favor say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed, no. The ayes have it. The Senate stands adjourned.