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Senate | May 20, 2014 | Chamber | Senate Session

Full MP3 Audio File

Senate will come to order. Sargent-at-arms, close the door. Members will go to their seats. Members and guests in the gallery please silence all electronic devices. Leading the senate in prayer is reverend Peter Milderson [???] all members and guests in the gallery will please stand. [speaker changes] Please pray with me. Dear god of grace and god of wonder. What a joy, what a privilege it is to serve. Seeing us today, by your presence, sustain us today by your grace. When we grow weary help us to draw upon your strength. When we grow faint help us to draw upon your goodness. When we grow concerned, help us to know that you know our thoughts. Lord as we work today and as we conduct our business, help us draw together as a family. As we help represent the people scattered throughout this state. And help us to see that without you nothing would be possible. Come to me all who are weary and heavy laden and I will give you rest. From widows to orphans, to board chairs to CTOs to school children from Wilson to homeless men and women we all need your sustaining grace. And we call upon that, today, lord, in the strong name of Christ. Amen. [speaker changes] Senator [???] is recognized for a motion [speaker changes] Thank you Mr. President. Woah! [speaker changes] A little hot on the microphone! If we can turn the volume down a little bit please. [speaker changes] The journal of Monday May 19 2014 has been examined, has been found to be correct. I move that we dispense with the reading of the journal and let it stand approved as written. [speaker changes] Without objection, the journal of May 19th stands approved as written. Senators, today we have leaves of absence granted for Senators Blue[???], Parman[???], Stein[???], and Woodard[???]. Senators, upon the notion of Senator Newton[???] Bryant[???] of Wilson County, the chair is happy to extend courtesies to the gallery to Bettingfield High School[???], the ninth, tenth, and eleventh grade classes of Bettingfield[???] High, and their teacher Scott Jones[???], if you’re with us today please stand and be recognized. On the motion of Senator Valerie Fushee[???] of Orange and Chatum[???] counties, the chair is happy to extend courtesies of the gallery to members of the North Carolina Science Festival Advisory Board, exhibitors, and partners from the North Carolina Stem Day[???] Science Festival, if you’re with us, please stand and be recognized today. And upon the motions of Senators Brock[???] and McLauren[???] of Davis[???] and Richmond[???] counties, the chair is happy to extend courtesy of the gallery to the Ro-Ann[???] county chamber of Commerce, if we have any members of the chamber, please be recognized. Not at this moment. Do we have any reports of standing committees today? No reports of standing committees, we’re going to move right in to the calendar, and we’re going to start off with SJR 796, the clerk will read. [speaker changes] SJR seven ninety six. Military Appreciation Day [speaker changes] Senator Brown [???] is recognized [speaker changes] Can we have that read in full please?

The Senate Resolution. [speaker change] Mr. President. [speaker change] Senator Apodoca for what purpose do you rise? [speaker change] Move the roles be suspended to the end of the resolution brought forth to be read in its entirety and debated by the body. [speaker change] So ordered. Court will read. [speaker change] State ?? Resolution 796. The joint resolution expressing gratitude and appreciation to the men and women of the United States Armed Forces. We're in the month of May, its National Military Appreciation month and honors, remembers, recognizes, and appreciates all military personnel. These men and women who have served throughout our history and all who now serve in uniform and their families as well as those Americans who have given their lives in defense of our freedoms, we all enjoy today. Whereas, North Carolina is the home of six major Department of Defense (DOD) Department of Homeland Security (DHS) installations. Coast Guard Station Elizabeth City, Fort Bragg, Marine Corp Air Station Cherry Point, Marine Corp Air Station New River, Marine Corp Base Camp Lejeune, and Seymour Johnson Air Force Base, as well as the North Carolina National Guard and other DOD, DHS activities and organizations. And, whereas North Carolina is home to nearly 800,000 veterans and has the third largest military force in the nation. With nearly 120,000 active duty personnel and another 12,000 members of the North Carolina National Guard. And whereas the United States military is the second largest sector of North Carolina's economy accounting for 10% of North Carolina's gross state product worth $48 billion and whereas more than 540,000 individuals are either directly employed by the military or work in jobs providing goods or services that support the military's presence in North Carolina. And, whereas business with defense related contracts operate in 87 of North Carolina's 100 counties contributing to an excess of $3.4 billion in defense procurement contracts in North Carolina due in 2012. And, whereas the observance of events recognize in the contributions of your armed forces is a tangible and highly effective way of sustaining morale and improving quality of life for service members and their families. And, whereas North Carolina prides itself as being the nation’s most military friendly state and whereas Veterans, service members, their families, and their communities have shouldered the heavy burden exemplified by repeated combat performance for their nation. And, whereas the support of the family of service member enhances the effectiveness and capabilities of the armed forces. And, whereas North Carolina is committed to supporting and promoting the military within the state. And, whereas the continued long term military presence in North Carolina is directly dependent on DOD, DHS's ability to operate not only it's installations but also its training and other readiness functions critical to national defense. And, whereas it is therefore a fair amount of importance to the future of North Carolina to maintain the best possible relationship with all branches of the United States military and promote practices that maintain North Carolina's prominent position as the best location for military bases and training installations. And, whereas to those ends, it is critical for all North Carolina, North Carolinians, all North Carolina businesses, all sectors of North Carolina economy, and especially all branches and agencies of North Carolina's state and local governments, to be knowledgeable about not only about the military's presence and contributions to our state but also the military's special and unique requirements that are critical to carrying out its national defense mission. And, whereas North Carolina also seeks to promote the economic development, growth, and expansion of other industries in the state such as agriculture, agribusiness industry, renewable energy industry, tourism, outdoor recreation industry, and the fisheries industry. Whereas, North Carolina has the best interest in the preservation and enhancement of land uses that are compatible with military activities. Now, therefore be it resolved by the Senate, the House of Representatives concurring, Section 1 is dealing with

Expresses it's profound gratitude and appreciation for all men and women of the United States Armed Forces for their selfless service and pays tribute to those who paid the ultimate sacrifice. Section 2. This resolution is effective upon ratification. [speaker change] Senator Brown is recognized. [speaker change] Thank you Mr. President. I think the resolution actually speaks for itself. I thank the gentlemen we have in the balcony today. Today, is an opportunity for us to thank them. What the military presence in this state means to the state, I think can never be overstated. It's huge for our economy, it's huge for our workforce and, really just what these individuals do in each of our communities, I think is huge. I know in Oslo County, where I live, it's just a huge part of our community. The volunteerism that comes form the military. Just the extras that they do to provide for our community is extraordinary in my opinion. And, today is all about them and I just hope everyone understands exactly what it means to this state and just an opportunity for us to thank them for being here today and all that they do. Thanks so much. [speaker change] Thank you Senators. Any further discussion or debate? Senator Pate for what purpose do you rise? [speaker change] To speak on the resolution Mr. President. [speaker change] Senator Pate, you have the floor. [speaker change] Thank you very much. Ladies and gentleman, we should be honored to have these men and women in our midst. Those who wear the uniform of the armed forces of the United States. North Carolina is exceedingly lucky and proud to be home to so many military service women and service men. It's a delight to have you here today. You mean more to us than you'll ever know. I was fortunate enough to serve 20 years in the military myself and there's several other veterans in this body and the body across the way. These are years that we will never forget. The camaraderie, the dangers, all of the proud feelings that we had when we had on our uniforms. You're looking at someone who cannot get his own anymore but it's very honorable to be in your presence and we thank you for being here today. [speaker change] Thank you Senator. Senator Soucek, for what purpose do you rise? [speaker change] To speak on the resolution. [speaker change] Senator Soucek, you have the floor. [speaker change] Thank you Mr. President. Ladies and gentleman, I don't think we could have a resolution that could in any way justify what all of you mean to this state, to this community, to this country. But, I hope this is a small token to your value that we see you as. Same as Senator Pate, the lessons that I learned in my military service are invaluable, character building and leadership and discipline. And, when I look around the room, I know I'm not alone as someone who's served. Not only among the members of the Senate but I look even in our staff and it's a testimony to what kind of people this creates for our country and even beyond their military service what they go on and how they go on to serve in such dignified and wonderful ways. While I, as a member of the National Guard, I consider it a deep honor to be counted among you. To steal a line from Band of Brothers, when I look around this room, I'm not a hero but I'm honored to serve in the National Guard full of them. Thank You. [speaker change] Thank you Senator. Senator Jackson for what purpose do you rise? [speaker change] To speak to the motion. [speaker change] Senator you have the floor. [speaker change] I thank Senator Brown for sponsoring this joint resolution because sometimes you just have to put the breaks on and remind everybody what it really means to commit to military service in this country. In camps, sports, and armories all across the state, tens of thousands of our citizens today got up before the sun. They were sweating while we were still sleeping. By the time we were finishing our breakfast they had already been up for hours. If it's raining, their training. If it's snowing, they're still going. Some folks think we have it hard here. We don't. This is the most comfortable chair I have ever sat in in my entire life. This room has air conditioning. None of us are wearing body armor. No one was worried about IEDs going off on I-40 on the way here. I carried an M-203 grenade launcher when I served in Afghanistan. Nobody here feels the need to carry a grenade launcher to feel safe except maybe Senator Goolsby who seems like a grenade launcher kind of guy.

My point is that we forget what they're going through, we forget how hard they have it, and we forget that we can only do what we do here because they do what they do there and I urge unanimous for this joint resolution, thank you. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Brock, for a purpose of your eyes? [SPEAKER CHANGES] Speak to the resolution. [SPEAKER CHANGES] Senator, you have the floor. [SPEAKER CHANGES] Many of you know that last couple days of session last year I had to leave a little bit early for the birth of my child, which was, got there just in time, but a lot of times in the waning hours we have, we pass along different comments and things about the session and one thing I was gonna mention that night, that in 2013 we were remembering the, some of us remembered the anniversary of the Beirut bombing and the 20th anniversary of the Battle of Mogadishu. North Carolina's license plate, before we changed to "first in flight," was "first in freedom." We sent so many over as peacekeepers to those two war torn areas for security and in that we are North Carolina's most friendliest state to the military. But more than that they're our neighbors and for those that were in those two issues, they were friends and family as well. I urge you to vote for the resolution. [SPEAKER CHANGES] Thank you, Senator. Colonel Rabin for what purpose hereas[?] [SPEAKER CHANGES] Speak to the resolution and to the folks here assembled. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] As a veteran of the Vietnam war, actually, I agree with everything that's been said about supporting the resolution and thanking the folks who are on active duty but I beseech everyone in the room to contact the folks up there in Washington, wherever you know where to contact them, to take care of the veterans who deserve what they have earned. They have to get it. They won't get it because they don't tend to vote as a block. They don't speak as a block, I'm here to speak for them. What is going on right now in Washington with regard to our veterans is an absolute abomination. Shinseki should resign, he should be forced out of office and the whole thing should be dismantled and started again based on what's happening. I can't say enough about it. I tend to get a little bit emotional about it but it is the truth. If all of you will just write, send to your congressman, all you folks in the gallery, please stand up and speak for those folks who gave the ultimate sacrifice and a lot of sacrifices and will continue to do so unless we take care of them. I'm paraphrasing General Washington right now. That long ago this nation knew that if we didn't take care of our veterans we would soon run out of veterans and in a day of an all volunteer force we better take care of them, thank you. [APPLAUSE] Senator Bilsby[?], for what purpose hereas? [SPEAKER CHANGES] To debate the resolution. [SPEAKER CHANGES] Senator Bilsby you have the floor. [SPEAKER CHANGES] I'm hesitant to rise after a great war hero like Colonel Rabin. Colonel, we appreciate all of your service, a Silver Star winner and numerous other awards, it's an honor to sit with you in this chamber, particularly on a day where we honor our military. I would like to point out something that we've talked about just a little bit, Mr. President, but not really touched. All the men and women that we see up in the Chamber and the folks that are serving today are not conscripts. They are not forced to join the military and they join the military at a time of war. We're fighting the global war on terrorism and all these people who join, that we see in these uniforms, knew when they signed the line, going in to harm's way and giving their lives for their country was a definite possibility. That makes them stand out as a special group in my mind. They're all volunteers, they're willing to give their all. They care that much for this country. I just wanted to make sure we recognize that as we appreciate them on Military Appreciation Day. God bless you, you are the backbone of our country, we could not do what we do in this chamber without you, thank you for protecting our constitution. [SPEAKER CHANGES] Senator Robinson, for what purpose hereas? [SPEAKER CHANGES] To speak on the resolution [SPEAKER CHANGES] Senator Robinson, you have the floor. [SPEAKER CHANGES] Certainly I have not served in the military but I want to recognize the fact that, a few months ago, had the opportunity to speak to

The 133rd forces brigade in Winston-Salem. About 300 men and women who had been deployed two and three times to keep our country safe. And I was very proud of the fact as well that probably a third of them were women. And they had sacrificed time from their families, from their husbands, from their homes and their loved ones to go and serve their country. And so I was proud to be on the stage to award plaques and little certificates to men and women, over three hundred who had sacrificed their time from their families to go and to protect us. And I extended our gratitude on your behalf to say how proud we are of them, and how much we appreciate the sacrifices. So to the men and women in the gallery I too support the resolution and I extend my appreciation, my brother was a purple heart veteran. And another brother served as well too, so I appreciate what you’ve done to continue to keep our country safe. [speaker changes] I think it’s very fitting and appropriate that we’re here today, before Memorial Day to really pay homage and tribute to all of you in our armed forces. Regardless of whether you’re in the Air Force, the Marines, Coast Guard or the Army, you’re always there in the forefront. Regardless of who our Commander-In-Chief may be in Washington, our President, our military is always there, steadfast. Strong, with courage and honor and dignity. Always first to put your lives on the line to protect our very cherished freedoms. All those things that allow us to have a [???] assembly and a senate, a house, and more importantly, security to live within our homes without fear of tyranny or invasion by others. It’s you in our armed forces that we tribute, pay this very significant tribute to, not just on Memorial Day, not just on Veteran’s Day, but for what you do EVERY day for us. We thank you, we thank your families, but more importantly, we thank you for being willing to put your lives on the line for our freedoms, our interests, and for those values that we all cherish. You’re in the forefront. You’re our leaders. Moreso than many of those who are elected here today, because if it were not for you, we would not have the priveledge of living in this civil society with the freedoms that we all cherish and hold near and dear. Thank you all. Thank you for your sacrifices. And thank you even for those that do not make it back from the battlefield from time to time. Whose lives are sacrificed, because they too are an important part of what allows us to thrive, to grow, and to be the great country that we are, the United States of America. [speaker changes] Members of the Senate. I have a two-fold reason for standing. I have a great appreciation for the military, I was able to serve. I was a young boy out of the high school, and I thought I knew everything about everything. And when I got in to the military, they taught me how to not be an individual, but to work as a team. And because of the military I’m a different man today, professionally, personally, and my family is treated differently because of the military. I am the man I am today because I served in the military. And I want to thank the military for that first, but most importantly, I want to thank the military for what they do every day. When I stand up and look at the flag and say the pledge of alegance, it means a lot to me emotionally and personally, because I know the people that go to war and stand on the front line every day to protect our freedom so that we can assemble as we are right now at this moment, at this time, and at this place. So thank you for everything the men and women of the armed forces do for us every day, and I want to also thank their families, because they are sacrificing also every day that their loved ones are overseas, and they have to be deployed. So thank you so much for everything you do, and I strongly urge everyone’s support on this resolution. Thank you, thank you Mr. President.

Senator Davis what purpose do you rise? [SPEAKER CHANGES]Speak on a resolution. [SPEAKER CHANGES]Senator Davis you have the floor. [SPEAKER CHANGES]Mr. President and members especially to those who are here who continue to wear the uniform. We truly don't know how special you are because it takes a very special person to place the call to service above self. As been mentioned in all of these comments today to go into a profession a career field that we know that you may not make it back you may have friends that may not make it back but yet we're willing to serve and it's just not matter of carrying our weapons in very undesirable circumstances, but hear this to do so and not at times fully understand why you're there why you were sent, but yet to continue to be brave and diligent in your service. To me that says a whole lot and if there's any one thing that I think we still need to continue to give attention to realizing that maybe we don't understand how special individuals are and the stressors that they deal with as we in particularly look for those who that may be dealing with post traumatic stress. We need to continue to be mindful of those as well as those who were not make it back were not able to make it back and their family members, but I join my colleagues today in saying to each and every one that's here and those who are not here who wears the uniform and even those who've never worn the uniform thank you from the bottom of my heart and may God continue to bless you and your families and I actually support this resolution. [SPEAKER CHANGES] Any further discussion or debate? Hearing none. Question before the Senate is the passage of SJR 796 on its second reading all in favor vote aye oppose vote no. 5 seconds will be allowed for the voting. The clerk will record the vote. 46 having voted in the affirmative and 0 in the negative. SJR 796 passes a second reading without objection and will be read a third time. [SPEAKER CHANGE] North Carolina General Assembly ??. [SPEAKER CHANGE] Any further discussion or debate? Hearing none. Question before the Senate is the passage of Senate joint resolution 796 on its third reading. All members please stand. All in favor of the resolution signify by saying aye. [SPEAKER CHANGE] Aye. [SPEAKER CHANGE] Opposed no. They ayes have it. Senate join resolution 796 passes its third reading. It will be sent to the House via special message. Members may be seated. Y'all beat me to the applause before I could read the courtesy, but we are greatly honored to have the leaders of our military bases here with us in the gallery this afternoon there's more brass in this gallery than remains on the North Carolina battleships. So, we're very thankful for you being here with us and upon the motion of Senator Harry Brown of Onslow county the chair is happy to extend the courtesies of the gallery to the military leaders of the bases across North Carolina who have gathered at the general assembly for military appreciation day. All active duty service members, reservists and veterans one more time members of the military would you please stand so we can.

We welcome you and all military members of the Senate that are former veterans, please stand as well so we can recognize you. Thank you. [APPLAUSE] HB 688, conference report, ?? [SPEAKER CHANGES] HB 688. Amend continuing education requirements certified well contractors. [SPEAKER CHANGES] Senator Wade is recognized. [SPEAKER CHANGES] Thank you, Mr. President. I certainly would ask you to support and adopt the conference report. We met and it was unanimous with the House and the Senate. So, I would appreciate your support. [SPEAKER CHANGES] Senator ?? [SPEAKER CHANGES] Would Senator Wade yield to a question? [SPEAKER CHANGES] Senator Wade, do you yield? [SPEAKER CHANGES] Yes, sir. [SPEAKER CHANGES] Senator Wade, did you change anything? What happened when it got over there? [SPEAKER CHANGES] Well, sir, the Senate had an amendment, and it passed the bill without any educational certification requirements. They were zero. But after the conference, we decided to do two years of continuing education for the first three years. [SPEAKER CHANGES] Any further discussion or debate? Hearing none, question for the Senate is he passes to the senate committee substitute the HB 688. We’ll have one electronic vote. All in favor will vote aye, opposed will vote no. Five seconds will be allowed for the voting. Court will record the vote. 44 having voted in the affirmative and 2 in the negative, the Senate committee substitute the HB 688 is adopted, and the House will be notified. Senator Tillman is recognized. [SPEAKER CHANGES] Yes, Mr. President, thank you. This is for a Senatorial statement that I will send up, and it’s a moment of personal privilege. [SPEAKER CHANGES] Senator, you have the floor. Send up your statement. [SPEAKER CHANGES] Mr. President and members, I am proud to read this statement for a beloved friend of mine, and a friend of North Carolina, and a friend of education, and a friend of NASCAR, the late Lynda Owens Petty. Lynda Gayle Owens Petty was born March the 6th, 1942 in High Point North Carolina and graduated from Randleman High School in 1960; and Whereas, Lynda Petty set the benchmark for being a leader in a local community while raising a family in the fast growing sport of stock car racing; and Whereas, Lynda Petty was married to NASCAR champion Richard Petty for over 50 years and was known throughout the racing world as The First Lady of NASCAR; and Whereas, Lynda Petty served as a member of the Randolph County Board of Education for 16 years, 1984 – 2000, including 7 years as chair, and as a member of the Board of Directors of Hospice of Randolph County; and Whereas, Lynda Petty played a role in establishing both the Racing Wives Auxiliary, the Women’s Auxiliary of Motorsports, Incorporated, a benevolent fund for injured members of the NASCAR community, and the Victory Junction, a camp founded in honor of her late grandson, Adam, to enrich the lives of children with chronic medical conditions or serious illnesses at no cost to the children and their families; and Whereas, Lynda Petty also volunteered for the Red Cross, Randolph County Schools, Girl and Boy Scouts, Randleman High School Athletic Boosters Club, of which she served as president; and Whereas, Lynda Petty died on March the 25, 2014, leaving to mourn her loss her husband, Richard, son Kyle, daughter Sharon Farlow, Lisa Luck, Rebecca Moffit, 11 grandchildren, and 2 great grandchildren; now Therefore, Lynda Petty deserve recognition for all of her good deeds and contribution to her community, and witness whereof the undersigned certifies the foregoing statement was read in the Senate and placed in the journal upon

… day of 2014. Respectfully submitted, Mister President. [SPEAKER CHANGES] Thank you very much, Senator. And upon the motion of Senator Jerry Tillman of Randolph County, the Chair is happy to extend courtesies to the gallery. To the King, Richard Petty, his daughter Rebecca and family, thank you for being with us. Please stand and be recognized. It’s one of the few times you’ll ever see Richard Petty without his cowboy hat. Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] A motion, Mister President. [SPEAKER CHANGES] Senator Apodaca has the floor for a motion. [SPEAKER CHANGES] Thank you, Mister President. Members, earlier SJR 809 was filed. I move that it be placed on tomorrow’s calendar. We’re going to call it the Zeb Alley Veterans Day Appreciation. I think that would be appropriate. [SPEAKER CHANGES] Objections ??. We do have a doctor and nurse with us today. We have Doctor John ?? of Raleigh, North Carolina with us and we also have Nurse… let me see… this is different than what I have here but our nurse of the day, please stand and be recognized as well. Thank you for your service to the Senate. Do we have any 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] Shall we try this again? That’s a little bit better. Mister President, I move that the Senate do now adjourn, subject to the receipt and re-referral of messages from the House and the Governor, the introduction of bills and receipt and re-referral of committee reports, and the referral and re-referral of bills, to reconvene on Wednesday May 21st 2014 at 2 pm. [SPEAKER CHANGES] The motion that the senate do now adjourn, subject to the stipulations stated by Senator Berger, to reconvene Wednesday May 21st 2014 at 2 pm, seconded by Senator Apodaca. All in favor, say “Aye”. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Oppose, “No”. The Ayes have it. The Senate stands adjourned.