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Senate | January 9, 2013 | Chamber | Session

Full MP3 Audio File

Of Wednesday January 9, 2013.The following is voterradio.com’s coverage of daily session of the North Carolina Senate. [SPEAKER CHANGES] Everybody please settle in your seats and the Senate will come to order. This being the time and place established by General Statute 120-11.1 for the convening of the 2013 General Assembly of North Carolina. The Senate will be in order. The Sergeant-at-Arms will clear the aisles and close the doors. Senators elect and guests please take their seats. The Chair takes great pleasure this morning in extending courtesies to the floor, to the families and guests of the Senators and Senate elect and we’re glad you’re here with us today. Thank you for being a part of this momentous ceremony. Mr. Ben King is serving as the Senate interpreter today, we extend courtesies to the floor to Mr. King and thank him for being here with us as well. Courtesies of the gallery are extended to all visitors present with us today. We thank you for joining us and hope that you will return at every opportunity. I would like to extend a special courtesy to my family, my wife Alice. Alice, if you will stand please and my children, Jake. My children Jake, Hailey, Max and Olivia it’s great to have you with us today as well as my mother, the Honorable Congresswoman Sue Meijer from the 9th District of North Carolina. Thank for you for your many, many years of dedicated service to North Carolina. We’d also recognize the presence of our new Governor, the Honorable Pat McCrory. Governor, if you will please stand and be recognized. It’s an honor to have you with us today. Thank you for being here Governor, we look forward to your leadership of the State. We also like to extend courtesies of the floor to North Carolina Supreme Court Justice Mark Martin. Justice Martin please stand. Supreme Court Justice Bob Edmunds, and Supreme Court Justice Barbara Jackson. We would also like to extend courtesies of the floor to Mrs. ?? Newby, the wife of associated Justice Paul Newby. The Sergeant-at-Arms is recognized. [SPEAKER CHANGES] Mr. President, Associate Justice Paul Newby of the Supreme Court of North Carolina ?? [SPEAKER CHANGES] The Sergeant-at-Arms will open the door and admit Justice Paul Newby of the Supreme Court of North Carolina. The Senate welcome you, Justice Newby and we greatly appreciate your participation in the ceremonies this morning and offer you the courtesies of the floor. The Sergeant-at-Arms is recognized. [SPEAKER CHANGES] Mr. President, Ms. Katherine Atkinson of Norwood, North Carolina ?? the floor to ?? an address. [SPEAKER CHANGES] The Sergeant-at-Arms will open the doors and admit Ms. Katherine Atkinson. Ms. Atkinson, we appreciate your participation in the ceremony today as well. All Senators, and elect and guests in the chamber of the gallery will please rise for prayer. Leading us in prayer this morning as we begin the session of the 2013 General Assembly.

[Speaker Changes] Is there reverend Peter Milner, the chaplain of the senate. [Speaker Changes] Let us pray. Almighty God, heavenly Father, you are our light and our salvation. Lord, you have been our dwelling place from generation to generation. Nothing can be hidden from your sight. You have placed each of us here today in your sovereign will. You’ve placed these senators here in a position to serve the people that have elected them. May they serve them with humility. As we come before you today, Lord, on this holy ground, we come with fear, with anxiety, and even with gladness. And as we travel together, this course of history may we be reminded of what the great hymn writer said: “Ye fearful saints, fresh courage take, the clouds ye so much dread, are big with mercy and shall break in blessings on your head. Judge not the Lord by feeble sense, but trust him for his grace, behind a frowning providence he hides a smiling face. Lord your purposes will ripen fast, unfolding every hour. The bud may have bitter taste, but sweet will be the flower. Blind unbelief is sure to err and scan his work in vain, but God is his own interpreter and he will make it plain.” And we asks all these things in the name of Christ Jesus, through him and in him, in his blessed name. Amen. [Speaker Changes] You may take your seats. The sergeant at arms is recognized. The sergeant at arms will open the door for the presentation of the colors. The junior army ROTC color guard from John Motley Moorehead High School of Eden, North Carolina. [Speaker Changes] Mr. President. ?? request permission to enter the chamber. [Speaker Changes] Permission is granted. [All speaking] I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands one nation, under God, indivisible, with liberty and justice for all. [Singing of the Star Spangled Banner] [Speaker Changes] The colors guard is dismissed. The color…

We thank you for joining us today. Ms. Atkinson we thank you for participating in our ceremony. You may be seated. Now the clerk will read the Certification of Election as received from the Secretary of State, the Honorable Elaine Marshall, and call the roll of the Senators elect by district. When your name is called, please stand and answer, present. The Honorable Senator Ed Jones passed away in December, when his name is called please pause for a moment of silence. We are also honored to have the wife of Senator Ed Jones, Mrs. Mary Ann Jones. Mary Ann, if you could please stand and be recognized. Thank you for being with us today. The clerk will read. [SPEAKER CHANGES] The 2013 North Carolina Senate. I, Elaine Marshall, Secretary of State for North Carolina do hereby certify that the State Board of Elections met Tuesday, the 27th day of November A.D. 2012 and Thursday the 13th day of December A.D. 2012 in accordance with Capital 1 Section 3 of the General Statue of North Carolina, at which time the Board did open, canvass and judicially determine the returns of the votes cast in the election held on Tuesday, November the 6th, 2012 and certify to me the persons duly elected as Members of the Senate for the various Senate districts, comprised of the more than one county, and all others have been certified to me in the abstract by the State Board of Elections as having the highest number of votes cast in the election for the Senate from districts composed of one county only, for the General Assembly of 2013 to ??. 1st District, Bill Cook. 2nd District, Norman Sanderson. 3rd District, Clark Jenkins. [SPEAKER CHANGES] Senators, please stand as your name is called. [SPEAKER CHANGES] 4th District Ed Jones. 5th District, Don Davis. 6th District, Harry Brown. 7th District, Louis M Pate Jr. 8th District, Bill Rabon. 9th District, Thom Goolsby. 10th District, Brent Jackson. 11th District, Buck Newton. 12th District, Ronald Rabin. 13th District, Michael Walters. 14th District, Dan Blue. 15th District, Neal Hunt. 16th District, Josh Stein. 17th District, Tamara Barringer. 18th District, Chad Barefoot. 19th District, Wesley Meredith. 20th District, Floyd B. McKissick Jr. 21st District, Robert B. Clark. III 22nd District, Mike Woodard. 23rd District, Ellie Kinnaird. 24th District, Rick Gunn. 25th District, Gene McLaurin. 26th District, Phillip E., Phil Berger. 27th District, Trudy Wade. 28th District, Gladys A. Robinson. 29th District, Jerry W. Tillman. 30th District, Shirley Randleman. 31st District, Peter Samuel, Pete Brunstetter. 32nd District, Earline W. Parmon. 33rd District, Stan.

Stan Bingham, 34th district. Andrew C Brock, 35th district. Tommy Tucker, 36th district. Fletcher L. Hartsell, Jr, 37th district. Daniel “Dan" Clodfelter, 38th district. Joel Ford, 39th district. Robert “Bob” Rucho, 40th district. Malcolm Graham, 41st district. Jeff Tarte, 42nd district. Austin Allran, 43rd district. Kathy Harrington, 44th district. David Curtis, 45th district. Dan Soucek, 46th district. Warren Daniel, 47th district. Ralph Hise, 48th district. Tom Apodaca, 49 district. Martin L. Nesbitt, 50th district. Jim Davis. In witness whereof I have hereunto set my hand and affixed my official seal, down in office at Raleigh this 13th day of December 2012, Elaine Marshall, Secretary of State. [Speaker Changes] Confirmation from the governor to read. [Speaker Changes] Pat McCrory, Governor: The appointment of Angela R. Bryant, 2013-2014, by the governor of the state of North Carolina, a proclamation, whereas the honorable Ed Jones elected Senator from the fourth senatorial district 2013-2014 General Assembly, has passed away. And whereas the provisions of general statue 163-11 require that the vacancy created by the passing of the honorable Ed Jones be filled by appointment of the person recommended by the fourth state Senate district, executive committee of the democrat party, and whereas the fourth state senate district executive committee of the democratic party has notified me of his recommendation of Angela R. Bryant of Nash County, North Carolina, to fill the expired terms, I do by these presents appoint Angela R. Bryant as a member of the North Carolina Senate 2013 to 14 General Assembly. In witness whereof I have hereunto signed my name and have fixed a great seal of the state of North Carolina at the Capital, in the city of Raleigh, this 7th day of January, in the year of our Lord 2013, and of the Independence of the United States of America, the 237th, Pat McCrory, the Governor, the test, Elaine M. Marshall, Secretary of State. [Speaker Changes] The Chair appoints Senator Davis, Senator Jenkins, Senator Newton, and Senator Kinnaird as an escort committee to go to the doors to the chamber to escort the honorable Angela Bryant to seat 49. [Applause.] It is now time for the oath of office. Members Elect, you will find your poll book on your desk, and some of you may have your own personal volumes as well. At this time the Chair will invite your spouse or your guest to stand with you.

As you take the oath of office, the oath of office will be administered to the Senators elect by the Honorable Paul Newby, Associate Justice of the Supreme Court of North Carolina. [SPEAKER CHANGES] Thank you, Mr. President. I administer this oath pursuant to the Constitution of the State of North Carolina as well as our general statute. One of the first general statutes was enacted 1777 and it reminds us that this solemn occasion occurs before all the people of the State of North Carolina as well as almighty God. If you will now place your left hand on your Bible and raise your right hand. Do you and each of you solemnly swear or affirm that you will support the Constitution and laws of the United States and do you solemnly and sincerely swear that, or affirm, that you will be faithful and bear true allegiance to the state of North Carolina and to the Constitutional powers and authorities which are or may be established for the Government thereof and that you will endeavor to support, maintain, and defend the Constitution and laws of said state, not inconsistent with the Constitution of the United States to the best of your knowledge and ability and do you solemnly and sincerely swear or affirm that you will faithfully discharge the duties of your office as a member of the Senate of the 2013 General Assembly of the State of North Carolina to the best of your knowledge and ability so help you God? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] Congratulations and thank you for your service. [APPLAUSE] Congratulations Senators and families. I know you will remember this day for the rest of your life. It is a great day. You and your guests may now be seated, 48 Senators being present and having taken the oath of office I declare a quorum present and qualified. We will now move to the election of the President Pro Tempore of the Senate. The Senate will proceed with the election of the President Pro Tempore as established by the Constitution of North Carolina and who shall serve until the expiration of the term of the office as Senator. The Chair declares nominations are in order for the Office of President Pro Tempore of the 2013 Senate. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] To make a nomination. [SPEAKER CHANGES] You have the floor for your nomination, Senator. [SPEAKER CHANGES] Thank you, Mr. President. Members, guests, it's another great day in the North Carolina Senate. It's a day we look forward to every two years. Many of us have been here more years than we'd like to think and add up. Senator Allran was here in 1870 and then 1898 or second Lincoln Administration maybe, we can't get it straight. That being said, we made history two years ago. We made history this year. And it is my pleasure today to nominate the man who led us over the last two years and I think any of us that served with him over the last two years and those of us that are serve with him prior to the last two years will tell you that he follows in the great tradition that we've seen in this Senate of President Pro Tems. With compassion and caring for the great state of North Carolina. And I think, with the actions we've seen the last two years, that we can expect even more the next two years. So it is my honor and pleasure today to nominate Phil Berger to a term, the next term as President Pro Tem of the North Carolina Senate. Thank you, Mr. President. [SPEAKER CHANGES] Thank you, Senator. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Brown, for what purpose do you rise? [SPEAKER CHANGES] To second a nomination and to make a motion. [SPEAKER CHANGES] You have the floor for the motion, Senator. [SPEAKER CHANGES] Mr. President, members, Senator Apodaca, I couldn't have said it any better. I think Senator Berger's done a great job leading us the last two years and it sure is a great pleasure for me to get to do this a second time as well. I rise to second a nomination of Senator Phil Berger to President Pro Tem of the 2013 North Carolina Senate. I further move that the nominations be closed and that Senator Berger's nomination be accepted by acclimation. [SPEAKER CHANGES] Thank you, Senator. The motion is that the nominations be closed and that the nomination of Senator Phillip E. Berger as President Pro Tempore of the 2013 Senate

Then it be accepted by acclimation. Is there any discussion or debate? [Speaker change]: Mr. President. [Speaker]: Senator Nesbitt for what purpose do you rise? [Senator Nesbitt]: Thank you Mr. President. Speak briefly on the motion. [Speaker]: You have the floor to speak Senator. [Senator Nesbitt]: Thank you Mr. President. To rise on behalf of the Democrats who have served with Senator Berger and to thank him for the courtesy that he has extended to us over the two years that he’s been the President Pro Tempore of the Senate and to echo the remarks of the two who have spoken and urge the Democrats to support the motion. [Speaker]: Thank you Senator Nesbitt. Is there any further discussion or debate? Hearing none, those of favor will say aye. Opposed, no. The ayes have it and the Chair declares Senator Phillip E. Berger of Rockingham County, unanimously elected to the Office of President Pro Tem of the 2013 Senate. Senator Rucho, Senator Brunstetter, Senator Harrington, Senator Nesbitt and Senator Stein are appointed as a Committee to escort President Pro Tempore Elect, Phillip E. Berger to the Well of the Senate to receive the Oath of Office. [applause] [Speaker change]: Mr. President. [Speaker]: Senator Rucho for what purpose do you rise? [Senator Rucho: To present the President Pro Tem of the Senate. [Speaker]: Thank you Senator Rucho. [Senator Rucho]: Mr President, members of the Senate it is my pleasure to present to you the President Pro Tem Elect of the 2013 Senate. Our friend, Phillip E. Berger. [applause] [Speaker]: The Escort Committee may return to your seats. The Sergeant at Arms may escort Senator Berger’s son Kevin, his granddaughter, Emily and grandson Jackson to the Wall of the Senate to stand with the President Pro Tempore Elect. The Audience may be seated. The Honorable Paul E. Newby, Associate Justice of The Supreme Court of North Carolina will administer the oath. [Hon. Paul Newby]: You would please place your left hand on the Bible and raise your right hand. Do you Phil Berger solemnly swear that you will support the Constitution and laws of the United States so help you God? And do you solemnly and sincerely swear that you will be faithful and bear true allegiance to the State of North Carolina and to the Constitutional powers and authorities which are may be established for the government thereof and you will endeavor to support maintain and defend the Constitutional laws of said State, not inconsistent with the Constitution of the United States to the best of your knowledge and ability? And do you solemnly and sincerely swear that you will faithfully discharge your duties as President Pro Tempore of the 2013 General Assembly to the best of your skill and ability so help you God? [Senator Berger]: I do so help me God. [Hon. Paul Newby]: Congratulations in your willingness to serve. [applause] [Speaker]: Congratulations Senator Berger. The Chair has the great honor of recognizing you to address the Senate and our guests. [Senator Berger]: Thank you for that warm welcome and the trust that you my colleagues have placed in me. It is a true honor and a responsibility that I so not take lightly. Governor McCrory, I appreciate you being here with us today. Lieutenant Governor Dan Forrest we appreciate your presiding and your presiding over the upcoming session. Justice Paul Newby and Members of the Judiciary, we appreciate your participation and your help in this ceremony. The members of the Junior Army, ROTC Colorguard from John Motley Moorehead High School from Eden, North Carolina, my home town, I appreciate their participation in the service. My wife Pat, my son Kevin. My grandchildren, Jackson and Emily, and my daughter-in-law

Amber, I thank you for being here and for your support over the years, and all of understand the importance of our families and the support we have from our families in order to enable us to serve in public office. And so I thank you, and I know all of our colleagues thank their family members as well. Today we renew the fight for reform that started two years ago. When the voters sent a new General Assembly to Raleigh to change the way our government operates. For too many years, North Carolina tried to tax and spend its way to prosperity. For too many years, North Carolina lost jobs, lost businesses, failed to educate many of our children, and struggled to compete. Our leaders had lost their way. And our state lost its place as the leader of the South and the envy of the nation. We vowed two years ago in this chamber to begin fixing those problems. And we've made great progress in just the short period of time. Today, that work continues. Senators, as we make tough decisions, I want us to be thinking about the families out there struggling to make ends meet. Sitting around their kitchen tables balancing their checkbooks. Saving for retirement or for the college education for their children. Think of them as we craft bills and cast votes. Ask yourself how can we help them create a better life. How can we work together to help small businesses become more successful. How can we work together to help working families take home more in their paychecks. Ask yourselves, how can we help their children get a better education. Regardless of the political consequences. Ask yourselves how we, as a body, can come together to help our towns and communities compete in order to create jobs and grow our economy. The voters have placed in our hands enormous trust and responsibility. We have the opportunity to set sweeping policy, to change the direction of North Carolina and to make a real and lasting difference. To my Republican colleagues: We must show our constituents, this state, and this country that there is a real difference between a Washington Republican and a North Carolina Republican. North Carolina Republicans deliver. We kept our word, and we act on the promises we've made. We made that clear last session. We cut taxes, unleashing private enterprise to grow our economy and create new jobs. We cut government red tape and bureaucracy. We began the long process of retooling our public education system to make it more focused on delivering positive results for our children. Those were great achievements, but they were only the beginning. These next 2 years, Republicans and Democrats must set the bar even higher. With Governor McCrory, his administration, and leaders in every branch of government, we will reform our old and outdated tax code. Today, our tax system slows economic growth, kills jobs, and hurts businesses. It's one of the single greatest roadblocks to our recovery and we will not stop until it's improved. We will continue making government more efficient and more responsive. Taxes on working families are still way too high. Regulations on our job creators are still way too cumbersome. And we have an obligation to change that. We will never back down from the effort to reform our public schools No child. No child in North Carolina should be forced to attend a failing school. And while we are committed to rewarding and recognizing our best teachers, no teacher should be guaranteed a job if they fail in their responsibility to educate our children. Every month, every week, every day that we accept mediocrity, another child slips through the cracks.

We will move on this critical lift issue and we will move quickly most of you know me I grew up in a working class home my dad worked with his hands throughout my life I had to work hard as many of you had. I worked multiple jobs while raising a family to work through college and through law school. My wife and I both understand what it takes to makes hand meet. We have seen firsthand, how hard work and determination makes anything possible. Education reform, tax reform, regulatory reform they ate lofty goals but if we work hard we can change our state. We can make it more competitive more successful and help the families of North Carolina. I know many North Carolinians have lost home, feel stuck. They wonder will they ever get ahead. Each and every day when we walk into this chamber remember we have an obligation to those in our state who are working hard and doing their best to provide to their families. Now is the time when we the leaders roll up our sleeves and get to work. We will not waste this great opportunity. Will there be tough battles? You bet. Will we have to make decisions that take us outside of our comfort zone. Yes. But it's the right thing for us to do and no matter how difficult or daunting the task. We must keep our eyes on what's best for the people of this great state. I want to thank you for the trust that you proposed in me and I thank you for the opportunity to serve you and for the opportunity to serve the people of the state of North Carolina and may god bless this body and the people of our great state. Thank you. [SPEAKER CHANGES] Please be seated. The next order of business to come before Senate is the adoption of rules and procedures by which this body shall govern itself. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Apodaca for what purpose do you rise? [SPEAKER CHANGES] Mr. President this morning I thought Senate resolution number one 2013 rolls. A move that the resolution be walked before the Senate for immediate consideration. I understand that the members do have copies. [SPEAKER CHANGES] Thank you senator. The clerk will read. [SPEAKER CHANGES] Senate resolution number one. Senate resolution adopting to permanent rules in the Senate for the regular session of the 2013 general assembly, sponsored by senate Apodaca. [SPEAKER CHANGES] Senator Apodaca you are recognized. [SPEAKER CHANGES] Thank you Mr. President. Members with the rules we were able to send out yesterday about around noon to 12:30. There's not a substantial change I don't believe in any of the rules from previous session. There are roughly 16 changes most of them are non-substantive pretty simple I am gonna hit some high notes as we go forward. We have worked on out emergency provisions to deal with of there is an emergency and we have to meet somewhere else. The parliamentarian if you remember last year never pointed it so we just decided and set it aside go forth the way we have done it before. Ordinary resolutions we worked in last time we are tweaking it trying to get it exactly where we wanted. We no longer allow pagers in chamber. Senator Tillman I know this gonna be tough on you but you get rid of your pagers we have cell phones now. Your granddaughters will be happy to help you with that. We are eliminating a couple of committees, the mental health will roll back in the health committee and the redistricting committee I know many of others will like to go through senator.

but we have eliminated that for the time being. Moving forward, Senator Allran, we're going to do e-jackets, and e-corresponding. You can't do that with a fax machine so we hope that we move in to the computer age, we can save some trees, and be a little more efficient in how we operate the chamber. Senator ?? loves this one so. This will help us all. We last year we had kind of a gray area brought up in our rolls by former Senator Berger on who has the authority to move bills around, we've cleaned that up, we call that the Berger Amendment. The conference reports, the way they're calendared, ?? this questions. We have operated Senator Stein as a courtesy in the chamber and we just tightened it up and clarified it as we have been doing it in the past to bring it into the rolls. This is one I think many of us enjoy, we're going to put a 15 minute cooling off period after session before a lobbyist can enter the floor of the senate. That will give us all time to gather our things and get back to our offices before we're covered up. Maybe we can sneak out another door. The rest are basic non-substitute non-stylistic changes. I'll be happy to answer any questions. Encourage and ask for your support. Thank you. [SPEAKER CHANGES] Thank you Senator. The question for the senate is the adoption of Senate resolution number 1, is there any discussion or debate? [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator ?? for what purpose do you rise? [SPEAKER CHANGES] Thank you Mr. President, to ask the gentleman a question. [SPEAKER CHANGES] Senator you have the floor. Senator Apodaca do you yield for a question? [SPEAKER CHANGES] I do since he called me a gentleman I do. [SPEAKER CHANGES] Senator do you. [SPEAKER CHANGES] A right friendly gentleman I might say. Congratulations to you. Could you share with us what committee you plan to handle redistricting matters in so that we can make sure that we the proper people requesting the committee that may hear redistricting matters as we move through session. It would be helpful. [SPEAKER CHANGES] It was my understanding if we need to we'll start a Committee back, but we're hoping we don't need to. But if we do, we'll start the redistribute back and appoint most of the same members that were there before. [SPEAKER CHANGES] Any further discussion or debate? [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator McKissick, for what purpose do you rise? [SPEAKER CHANGES] Question Senator Apodaca. [SPEAKER CHANGES] Senator Apodaca, do you yield for a question? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] Senator Apodaca, I was looking at rule 40 and in particular A1, and of course as it reads now as proposed, it says any senator wishes to co-sponsor a bill or resolution we just going to file may do so no later than one hour following the adjournment of the session during which such bill or resolution was first read. But only electronically in a procedure approved by the clerk. Now I know frequently, as we all know, in the chaos of bill deadlines, there are literally many bills which are filed, and many of those bills are simply read in. And determined whether one might want to join in cosponsoring a good piece of legislation sponsored by a colleague or not and that one hour deadline after it being read in seems to be somewhat restrictive and a deviation from the procedures we've followed in the past. So I guess I was wondering what your thoughts were about that particular provision in particular, and I mean I guess it's always with these things we can see how it works but you know, historically, there have been bills which many of us may not have been aware are out there until they appear in our committees and they were debated and discussed and many times I know myself in particular and many other persons have gone to the clerk's office and arranged to sign on to specific bills that we thought were meritorious legislation. So, one hour after it's first read in you're only getting the title, you don't know much about it. [SPEAKER CHANGES] Yes, Senator McKissick thank you. I had the same question myself. And the process will be, the bill will be filed and then it will come to the rules committee, it will be assigned to a particular Committee then it will be read in, so the reality of the situation is you're going to have a minimum of about 26 hours to look at a bill. It will be posted by the clerk's office on a screen so you can just scan down, see what you like there, see if you want to become a sponsor of that bill. And hopefully that will cut out having to go to the clerk's office and see what was actually filed. Then the next day it will be read in in session. Again, you can listen to see if there's something you may, if you haven't had a chance to look at it, tweak your interest, and so you have an hour after that, after we adjourn from that session, to go on and cosponsor. The reality of the situation will be 26, 27 hours during the week and

And you would possibly have all weekend if it was filed on a Thursday. So it's not the same day as filed, it will not be read in. [Speaker Change] Quick follow-up. [Speaker Change] Senator do you yield? [Speaker Change] Sure. [Speaker Change] Yeah I would guess ?? that we will see how this new procedure works, and if necessary revisit it, because it does seem like as you're aware this has not been a part of our practice in the past ??. So it's something completely new and I think it's gonna take kind of a trial and error period to see if it's [Speaker Change] Absolutely. [Speaker Change] Functioning as intended cuz my best guess is they'll be many people. You know how bill filling deadline ??, there are hundreds of bill’s [Speaker Change] Right. [Speaker Change] Thank you. [Speaker Change] Yes, this will be a work in progress. We're not gonna put this in stone, so yes. Thank you. [Speaker Change] Is there any further discussion or debate? 'Kay hearing none all those in favor of the adoption of Senate resolution number one will vote aye, that is the green button, or no the red button. You will have 10 seconds to vote, and the clerk will record the vote. 47 having voted in the affirmative, and none in the negative. The rules of the 2013 Senate are adopted. Let the record show that leaves of absence for today’s session are requested for Senator Clodfelter and Senator Wade. Now we'll move to the election of other officers within the Senate. Senate rule 65 establishes the office of the deputy president pro tempore and nominations are now in order for the deputy president pro tempore for the 2013 Senate. [Speaker Change] Mr. President. [Speaker Change] Senator Hise for what purpose do you rise? [Speaker Change] To make a nomination. [Speaker Change] Senator you have the floor. [Speaker Change] Mr. President, members of the Senate. I rise to nominate Senator Louis Pate to serve as the deputy pro tempore. Louis Pate first served as a member of the general assembly, representing the state house 11th district from '95 to '96, and again from 2003 to 2008. His district included constituents in Wayne County, he was elected to the Senate in 2010 representing the 5th district, and now represents the 7t district. Which includes Wayne, Pitt, and Monroe County. Senator Pate is a retired merchant, mayor, and city council member of Mt. Olive, North Carolina. He served 20 years in the air force, and retired as a major in 1982. In Vietnam he navigated B-52, and later F1-11's. He is a father of three, and a grandfather of 9. He is joined by his wife and other family members today. He was a strong member of our freshman caucus in 2010, and we are honored and privileged to serve with such a great gentleman. With that I formerly nominate Senator Louis Pate to serve as our deputy pro tempore. [Speaker Change] Thank you Senator Hise. [Speaker Change] Mr. President. [Speaker Change] Senator Tillman for what purpose do you rise? [Speaker Change] To make a motion, and to second a nomination. [Speaker Change] You have the floor Senator. [Speaker Change] Mr. President, members I rise to second the nomination of Senator Louis Pate to serve as the deputy president pro tempore. I further move that nominations be closed and that Senator Pate's nomination be accepted by acclimation. [Speaker Change] Thank you Senator. The motion is that the nominations be closed, and that the nomination of Senator Louis Pate for the deputy president pro tempore for the 2013 Senate be accepted by acclimation. Is there any further discussion or debate? If not those in favor will say aye. [Speaker Change] Aye (together) [Speaker Change] Opposed, no. The ayes have it and the chair declares Senator Pate unanimously elected to the office of deputy president pro tempore of the 2013 Senate. Senator Bingham, Senator Cook, Senator Rabin, and Senator Tucker are appointed to escort the deputy president pro tempore elect Louis Pate to the role of the Senate to receive the oath of office.

Senator Bingham you have the floor. [SPEAKER CHANGES] Thank you Mr. President. Mr. President, members of the Senate, it is my pleasure to present to the Deputy President Pro Tempore Elect of 2013, my dear friend Louis Pate. Congratulations Louis. [SPEAKER CHANGES] Thank you Senator Bingham. The Escort Committee may return to your seats. The Sergeant at Arms is directed to escort Mrs. Joyce Pate to the well of the Senate to stand with the Deputy President Pro Tempore Elect. The Honorable Paul Newby will administer the oath. The audience may sit down. [SPEAKER CHANGES] Please place your left hand on the Bible and raise your right hand. Do you Louis Pate solemnly swear that you will support the Constitution and laws of the United States, so help you God, and do you solemnly and sincerely swear that you will be faithful and bear true allegiance to the State of North Carolina and to the constitutional powers and authorities which are and may be established for the government thereof and will you endeavor to support, defend and maintain the Constitution and laws of said state not inconsistent with the Constitution of the United States to the best of your knowledge and ability and do you solemnly and sincerely swear that you will faithfully discharge your duties as Deputy President Pro Tempore of the 2013 General Assembly to the best of your skill and ability so help you God. [SPEAKER CHANGES] I do, so help me God. [SPEAKER CHANGES] Congratulations. [SPEAKER CHANGES] Congratulations Senator Pate. You now have the floor to address the Senate and the audience. [SPEAKER CHANGES] Thank you Mr. President. Thank you Mr. President Pro Temp and thank you all folks for being here today. Thank you for your vote and I will do the very best I can for this office and to support you and I most appreciate the support you have given me, and Mr. Justice, I certainly appreciate you coming down and giving the oath of office today. This is a very humbling moment for me and I appreciate it so much and will do the best I can for this Senate, individually and as a body, to support the laws of the Constitution of the United States and also our state, North Carolina. Thank you very much. [SPEAKER CHANGES] The Constitution of North Carolina also directs the Senate to elect its other officers. The General Statutes define them to be a Principal Clerk, a Reading Clerk and a Sergeant at Arms. The Chair now declares nominations are in order for the office of Principal Clerk of the 2013 Senate. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Apodaca for what purpose do you rise? [SPEAKER CHANGES] To make a nomination. [SPEAKER CHANGES] Senator you have the floor for your nomination. [SPEAKER CHANGES] Thank you Mr. President. Members. Today I rise to nominate our Clerk, Principal Clerk, Sarah Clapp. Sarah Clapp as we all know has done an outstanding job over the last couple of years. She is conscientious. I think she is friendly and helpful to any member or any person that needs help. She frets, she worries, she probably hasn't slept in a week and she has done a magnificent job. So it is with no hesitation at all I stand today to nominate Sarah Clapp, our Principal Clerk for the 2013 session of the North Carolina Senate. [SPEAKER CHANGES] Thank you Senator. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator ?? for what purpose do you rise? [SPEAKER CHANGES] To second the nomination and make a motion. [SPEAKER CHANGES] You have the floor Senator. [SPEAKER CHANGES] Mr. President. Members. I rise

to seven-cent at the seven-Time Investment in the Knesset -denomination-serve as the nation has been slow to pick sentiment from a ?? of a sudden this is not easy, as in the nations are optimistic that the senate, 2037 times acted by acclamation is there any discussion (SPEAKER CHANGES) and times of -the-Jericho and said, is unanimously elected the office of president has said the 200027714 as time went back to the December test of the windows are either the house ?? of a limitation you spare a soulless rituals were constitutional scene and state so you go Thailand is always zero scores will be placed on the ruling statement on the prosecution of the board riled forward eighties have become zero lead over to support maintained and constitutional offices and audiences with the prosecution United States time of the NBA's all-zeros where to live because parties sprinkle four months in 2013 Cal semiconductors and on and on some of the ?? if times when it was a missing 10-seat nominations with the fed meeting, 2013 (SPEAKER CHANGES) said time this happens in the first U.S. high-performing operations as the time-that-that, it was a good guess others are waiting for this you have successful career we have the India, Thailand, Indonesia and the department said, and the foreman, 8 May send some of the park and ride the wave of violence and ?? mesa this has sent the U.S. senate nomination a motion to force an issue has been known as Whitewater the same time has some 72, of North Carolina senator often the foundation defense minister sense of mission be sidelined which is and this is the time, as the operation of a South Korean Point 2013 set time in my application his possession of a reconnaissance and I time to death after 27-11 1000 report on 2013 session be simulcast a remarkable document said the judges handed weapons to the applause time off was no one is-time shoes and as a second-best practices of this and 10¢ and are often ?? if time is 21 and one reason why he lays out the Saudis regions of time to all citizens of you, and he's always in a storage will be played on April 8 time in North Carolina to prosecute hasn't worked for 27, zero -net is for maintaining the constitution was assisting Time Systems across the United States restaurant and only in the following is a service would rile to limit his chartered into 34 of the senate to the 13th time that you still have some hope to go if this is the system that are due to assume ?? ......

[Speaker Change] To your seat. Nominations are now in order for the Sargent at Arms for the two thousand and thirteen Senate. [Speaker Change] Mr. President. [Speaker Change] Senator Rabin, for what purpose do you rise? [Speaker Change] To make a nomination. [Speaker Change] Senator you have the floor for a nomination. [Speaker Change] Thank you Mr. President, members of the Senate, family members, and honored guest. It’s a great pleasure that I rise to nominate again our own Phil King to serve as the Sargent at Arms for this session. As you know Mr. King served for the United States the Navy as a Captain. He was also a formerly a Seal and a member of the Federal Bureau of Investigation before coming to us. As you all know also Mr. King serviced us two eleven and two twelve. And I would suggest that he serve us again in the upcoming session. With that Mr. President, I formally nominate Phil King to serve as Sargent at Arms of the two thousand and thirteen North Carolina Senate. [Speaker Change] Thank you Senator Rabin. [Speaker Change] Mr. President. [Speaker Change] Senator Bilsby, for what purpose do you rise? [Speaker Change] To second the nomination and make a motion Mr. President. [Speaker Change] Senator you have the floor for your nomination and motion. [Speaker Change] Thank you Mr. President. Members I ‘m honored to second the nomination pf Phillip King to serve us again as our Sargent at Arms. I also move that nominations be closed and Mr. King’s nomination be accepted by acclamation. [Speaker Change] Thank you Senator. The motion is that nominations be closed and that the nomination of Phillip King’s for Sargent at Arms for the two thousand and thirteen Senate be accepted by acclamation. Is there any discussion or debate? If not, those in favor will say aye. Opposed no. The ayes have it and the Chair declares Phillip King unanimously elected to the office of Sargent at Arms for the Senate for the two thousand and thirteen session. The Sargent at Arms elect will go to the well of the Senate where Justice Paul Newby we administer the oath of office. [Speaker Change] Do you, Phillip King, solemnly swear that you will support the Constitutional laws of the United States so help you God. And do you solemnly and sincerely swear that you will be faithful and bare true allegiance to the State of North Carolina and to the Constitutional powers and authorities which are or maybe established for the government there of? And will you endeavor to support, maintain, and defend the Constitution and laws of said State not inconsistent with the laws of the United States, to the best of your knowledge and ability? And do you solemnly and sincerely swear that you will faithfully discharge your duties as Sargent at Arms of the Senate of the two thousand thirteen General Assembly to the best of your skill and ability? So help you God. [Speaker Change] I do so help me God. [Speaker Change] The Chair congratulates you Mr. King and directs you to assume the seat of the Sargent at Arms two thousand and thirteen Senate. Letter from the Majority Caucus. The clerk will read. [Speaker Change] The honorable Dan Forest, President of the Senate. Room twenty, twenty one o four Legislative Bill in Raleigh North Carolina. Dear President Forest, this is to advise you that the Senate Republican Caucus met on November twenty seventh, twenty twelve with thirty three members present and nominated the following offices for the twenty thirteen session of the General Assembly. President Pro Tempore, Senator Phil Berger, Deputy President Pro Tempore, Senator Lewis Pate, Senate majority Leader Senator Harry Brown, Senate Majority Whip Senator Jerry Tillman, Caucus Secretary Senator Fletcher Hartsell, Joint Caucus Leader Senator Andrew Brock, Principle Clerk Mr. Sarah Lang Clapp, Sargent at Arms Mr. Phillip King, Reading Clerk Mr. Lee Settle, Sincerely Senator Fletcher Hartsell junior. Senate Republican Caucus [Speaker Change] Senators as I call your name please stand and be recognized. The Chair recognizes Senator Harry Brown, Majority Leader. Senator Jerry Tillman, Majority Whip. Senator Fletcher Hartsell, Majority Caucus Secretary. And Senator Andrew Brock, Joint Majority Caucus Leader. Letter from the Minority caucus. The clerk will read. [Speaker Change] The Honorable Dan Forest, Legislative Bill in Raleigh North Carolina. Dear Lieutenant Governor Forest, the Senate Democratic Caucus met on December twentieth, twenty twelve.

elected the following officers for the 2013-2014 legislative term: Sen. Martin Nesbitt, Buncombe, Minority Leader; Sen. Josh Stein,Wake, Minority Whip; Sen. Dan Blue, Wake, Caucus Co-Chair; Sen. Dan Clodfelter, Mecklenberg, Caucus Co-Chair; Sen. Ellie Kinnaird, Orange, Caucus Secretary; Sen. Gladys Robinson, Guilford, Deputy Minority Leader; Sen. Floyd McKissick, Durham, Deputy Minority Leader; Sen. Clark Jenkins, Edgecombe, Deputy Minority Leader. Respectfully, Ellie Kinnaird, Senate Democratic Caucus Secretary. [SPEAKER CHANGES] Senators, as I call your name, please stand and be recognized. The Chair recognizes Sen. Martin Nesbitt, Minority Leader. Sen. Josh Stein, Minority Whip. Sen. Dan Blue, Minority Caucus Co-Chair. Sen. Dan Clodfelter, Minority Caucus Co-Chair. Sen. Ellie Kinnaird, Minority Caucus Secretary. Sen. Gladys Robinson, Deputy Minority Leader, Sen. Floyd McKissick, Deputy Minority Leader and Sen. Clark Jenkins, Edgecombe, Deputy Minority Leader. [APPLAUSE] [SPEAKER CHANGES] Mr. President -- [SPEAKER CHANGES] Sen. Apodaca, for what purpose do you rise? [SPEAKER CHANGES] To make a motion. [SPEAKER CHANGES] Senator, you have the floor for a motion. [SPEAKER CHANGES] Thank you, Mr. President. Members, having voted with the prevailing side on the election of Sen. Phil Berger as President Pro Tempore, I move the dissentient now reconsider the vote by which he was elected and further move that my motion to reconsider be laid upon the table. [SPEAKER CHANGES] Mr. President -- [SPEAKER CHANGES] Sen. Brunstetter, for what purpose do you rise? [SPEAKER CHANGES] To second the motion. [SPEAKER CHANGES] You have the floor, Senator. Thank you. [SPEAKER CHANGES] I second the motion. [SPEAKER CHANGES] Thank you, Senator. [SPEAKER CHANGES] This is a non-debatable motion, and we'll go straight to a vote. The question before the Body is the motion to table the motion to reconsider the vote for President Pro Tem. All in favor will vote Aye. All opposed will vote No. Ten seconds will be allowed for the voting, and the Clerk will record the vote. [PAUSE] Forty-eight having voted in the affirmative and zero in the negative, the motion has been tabled. [SPEAKER CHANGES] Mr. President -- [SPEAKER CHANGES] Sen. Apodaca, for what purpose do you rise? [SPEAKER CHANGES] A motion. [SPEAKER CHANGES] Senator, you have the floor for your motion. [SPEAKER CHANGES] Thank you, Mr. President. Members, I move that the Rules be suspended to the end that Senate Joint Resolution #2, the Adjournment Resolution, which was filed today be brought to the floor now for first reading and then immediate consideration on second reading. [SPEAKER CHANGES] Without objection, so ordered. The Clerk will read Senate Joint Resolution #2 for introduction. [SPEAKER CHANGES] Senate Joint Resolution #2: A Joint Resolution adjourning the 2013 regular session of General Assembly to a date certain as approved by law. Sponsor Sen. Apodaca. [SPEAKER CHANGES] Sen. Apodaca -- [SPEAKER CHANGES] Thank you, Mr. President. Members, what we have in front of us is an Adjournment Resolution. Don't get excited. It's not for the whole year. It takes us till we come back the 30th, so we can get back on the 30th and hit the ground running. As you know, this is the first time we've done the organizational session early so we can get everyone appointed, get committees set up and come back and be ready to go. Since we are adjourning for longer than three days, the Constitution requires that we adjourn by Joint Resolution. So that's what this does. Everybody has one on their desk, and I certainly ask for your support. And I'll be happy to answer any questions. [SPEAKER CHANGES] Thank you, Senator. Is there any further discussion or debate? Hearing none, the question before the Senate is the passage of Senate Joint Resolution 2 on its second reading. All those in favor will vote Aye. Opposed will vote No. Ten seconds will be allowed for the voting, and the Clerk will record the vote. [PAUSE] Forty-six having voted in the affirmative and zero in the negative, Senate Joint Resolution 2 has passed its second reading and without objection will be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [ENDS]

center, the pentagon has said the time of the announcement of an idea, and many Center on Sunday of the advances that have happened, and a zero and then signed it was hard, incorporated times higher than normal, and have ?? is to the rating 0.1 and the senate, (SPEAKER CHANGES) the session that the white house's sometimes-to-Z, has the he-said-she passes the reading and will be sent to the distressed sometimes just as happy, nationalist sentiment mission, send a message to be sent to the house the special but I'll bet affection for his presentation national police said Riley is handy have spent the day, often found in the spent time and dedication server hangs on that day and age investment I'm a family celebrates the 50th anniversary of his legislative building with the 1963 < in the time of the city's design by lemon-and-as-time eight months of operation at nine-tenths of a fed-of-five is that I'm the event of the office of the Kennedy center in Washington, DC was a mistake on-time nominee-in-house entered into, it was just as one possible reason was that of the offensive, but I'm an incentive at the end of the pop balladeer zones as an architect I live in a position for the defense behind this pessimism context of those on hand, one of the center has said that users on to understand that this time as-seven, is a fun place enclosure, Jewish and the state of the back in 1963 (SPEAKER CHANGES)witnesses as a nation hasn't gone and time of the MSN-president has announced that if the event you didn't read the times has his head as he sent messages have the highest-copied and sent the people back to the defense that time-in for a show of hands this has been suggested that the juror of a five-and-??-safety committee, the speed and 1/2-cent-a seven-command center vision, in the center of time into his on-stage process of Idaho and Washington, DC has the time of the personalize the number three in evidence of the federation's ideology that if the time that you have given you, I suggest, the future of the ?? images of students and this will receive of against the competition, and please e-mail him and not the most common stock in his eyes and that meant I mean, what is happening in a five-seat assembly passed I'll have a symposium-possible, even when to become two-time great-the-box atop the employee of the two-bass-mandated time defending the off-the -cost and time into the event of a year and a state he said, also has been signed into the right- and-safety, and that was 1.1% in the time, and that ?? ??......

[Speaker Changes] ?? Sweeping tax reforms to improve the economy. Today, unemployment in North Carolina is 9.1%, among the highest in the nation. In 1963, gas cost .29 cents per gallon. Today, we pay more than that in taxes for gas in North Carolina. Many of our families are struggling just to make ends meet. We have the responsibility to get the burden of taxation and regulations off the backs of our families and small businesses and put people back to work. It is time for sweeping reforms that will simplify the tax code and jumpstart the economy. We have the opportunity and we will have the courage to take advantage of it. In 1963, the first purposed built ocean drillers were launched in the Gulf of Mexico for deep water offshore drilling. Thanks to the efforts of many of you, 50 years later we have an energy jobs act in North Carolina that will allow us to explore our energy options, both onshore and off. And design an energy plan suitable for the 21st century. It is time to get busy exploring and producing natural gas and oil to make North Carolina the first energy independent state in the US. We have the resources and we will have the courage to use them. In 1963, the concept of cloud computing was invented at MIT. It was called time sharing. For the first time in modern history, we have the opportunity to take advantage of cloud computing to transform the world of education through virtual learning. We have the opportunity for the first time in history to customize education curriculum to each student in North Carolina, through the online classroom. It is time to break down the barriers of education through school choice and open the world of learning to all students, black, white, hispanic, rich, poor, and middle class. We have the tools and we will have the courage to make it happen. A significant work of architecture, like this building is only realized and remembered because of design leadership. Architects are visionaries, planners, creative problem solvers and consensus builders, and these are the qualities that will be demanded of you as leaders of our great state. An architect knows that a great building starts with a solid foundation. And a solid foundation starts with a well thought out plan. And that plan starts with a vision. The designer of this building envisioned a future where the leaders of our state could come together despite their differences to work for the common good. They designed a building deigned open for the people, solely devoted to the legislative branch of government. So Senators and Representatives could work alongside each other in close proximity, to solve the challenges of our great state. We have many challenges that face us in North Carolina in 2013, but as designers of North Carolina’s future, we will tackle these challenges with boldness and courage. We will build a strong foundation for our future and design a North Carolina that our children and grandchildren will be proud of 50 years from now in 2063. A great trust has been placed in you by the people of our state. I know each of you are up to the task of ensuring that trust is never breeched. I look forward to working with you and getting to know you over the next two years, and you have my word that I will preside over this body with fairness and transparency. May God bless each of you with wisdom, knowledge, and courage as you lead our great state. Thank you. Now Senators, having received your oath of office, adopted rules and procedure, and elected your officers the chair directs the principle clerk to send a message to the House of Representatives, informing that honorable body that the Senate of 2013 General Assembly is organized and ready to proceed with public business. Are there any notices or announcements? [Speaker Changes] Mr. President. [Speaker Changes] Senator Burger, for what purpose do you rise? [Speaker Changes] Make an announcement. [Speaker Changes] You have the floor, Senator. [Speaker Changes] Thank you Mr. President. Members of the Senate, earlier today I submitted a list of committee appointments. In a moment, I’m going to ask that those appointments be read in by the reading clerk after we adjourn. Before thats done, I want to give the Senators a sense of what to expect as far as the committee calendars are concerned and what the calendar will look like between now and the 30th. Generally, we do not expect committees to meet or need to meet before we come back on the 30th. That being said, in specific instances, the speaker and I are willing to entertain requests from Committee chairs to allow for particular committees to meet for organizational purposes only. This authority will be granted on a case by case basis. So I'd ask that the committees...

Getting in touch with me or my staff before scheduling any meeting before the 30th. With that Mr. President, I'd ask that the reading clerk reads the committee appointments I have previously submitted at the close of session on subject 2 while the adjournment resolution. [SPEAKER CHANGES] Thank you senator. With no further business to come before the senate, the chair will entertain the motion for adjournment and recognizes president post in force, Senator Phil Berger. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Jenkins, for what purpose do you rise? [SPEAKER CHANGES] If I may, a matter of personal privilege before we adjourn. [SPEAKER CHANGES] Senator you have the floor. [SPEAKER CHANGES] I served as with a lot of other members of this senate chamber with Senator Ed Jones. Senator Jones and I represented a large quadrant of north east and North Carolina. That was represented largely ruled low wealth counties, symbol of problems, symbol of issues with all the counties. It's been a lot of time working directly with Senator Jones and I just wanted to make a simple comment to Mr. President, the members of the senate, the chamber and particularly Mrs. Jones, I got a call very shortly after Ed's death from a news reporter who asked me what my thoughts were about Senator Jones and my comment was quick and that was Ed Jones was a pure gentleman. And I'd ask this chamber to adjourn with senator Jones and his family in their thoughts. [SPEAKER CHANGES] The chair recognizes- [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Apdaco, for what purpose do you rise? [SPEAKER CHANGES] Moment of personal privilege please. [SPEAKER CHANGES] Senator, you have the floor. [SPEAKER CHANGES] Senator Jenkins I'd like to thank you for bringing that forward. Without Ed Jones, There was no founder man in this senate. Also friends, we have lost another dear member during the recess and if you don't mind Senator Jenkins I'd also like to add Senator Don East to our adjournment motion to remember in thoughts and prayers and his family because two founder man have never served in this senate. [SPEAKER CHANGES] Thank you senator. Senator Berger. [SPEAKER CHANGES] Mr. President, having concluded our business today, I move that the senate do now adjourn in accordance with senate joint resolution number 2 subject 2, the ratification of bills and resolutions, the receive of messages from the house and from the governor and the reading of committee appointments to reconvene on Wednesday, January 30 2013 at 12 PM and I ask that the adjournment be in memory of Senator Ed Jones and in memory of Senator Don East and with all due respect and consideration of their family. [SPEAKER CHANGES] The motion by Senator Berger and seconded by Senator Apdaco that the senate now do adjourn in accordance with senate joint resolution number 2 subject 2, the ratification of bills and resolutions, the receive of messages from the house, the reading of committee appointments and from the governor to reconvene at Wednesday January 30th at 12 PM. All in favor will say Aye. Opposed No. The ayes have it and the senate how stands adjourned.