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Senate | February 28, 2013 | Chamber | Session

Full MP3 Audio File

Senate will come to order. Sargeant at arms will close the door. Members will go to their seats. Members and guests of the gallery please silence all your electronic devices. Leading the senate in prayer is the reverend Peter Milner of ?? Chapel. All members of the senate and gallery please stand. [SPEAKER CHANGES] Let us pray. Almighty god, we are thankful today for your presence here, for you being with us, for clothing us today in our right minds, and bringing us to this place. Deal bountifully with us, your servants, that we may live and keep your word. Open our eyes. Open our lips. Open our hearts today to hear from you. Of us, to behold your wondorous law. We give you thanks, oh lord, because your mercy endures forever. In Christ's name, we pray. Amen. [SPEAKER CHANGES] Senator Berger is recognized for a motion. [SPEAKER CHANGES] Thank you mister president. The journal for Wednesday February 27 2013 has been examined and is found to be correct. I move with dispensing the reading of the journal and it stands approved as written. [SPEAKER CHANGES] Without objection, the journal for February 27 stands approved as written. Ratification of bills. The clerk will read. [SPEAKER CHANGES] Enroll bills. Enrolling clerk reports the following bill duly ratified for presentation to the governor. House bill 19. Enact to honor fallen heroes by strengthening the laws that prohibits disorderly conduct of a funeral, memorial service, or processional route. [SPEAKER CHANGES] Leaves of absence are granted for senators Woodard and Graham. Senators our nurse of the day is Gail ?? from Pittsburgh, North Carolina. Gail if you will please stand and be recognized. Thank you for your service. Upon motion of senator Harrington of Gaston county, the chair is happy to extend the courtesies of the gallery to the clerk of Gaston county superior court, Larry Brown. Larry are you here with us today, if you are please stand. Thank you for being here today. Upon the motion of senator David Curtis of Lincoln, Iredell, and Gaston county, the chair is happy to extend courtesies of the gallery to the clerks of court, James ?? of Iredell county, and Fred Hatley of Lincoln county. Thank you for your service and thank you for being here with us today. [SPEAKER CHANGES] Mister president. [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Couple of motions, please. [SPEAKER CHANGES] Senator, you have the floor for your motions. [SPEAKER CHANGES] Thank you mister president. Members, senate bill 81, Charlotte regional airport authority, is on today's calendar. I move it be removed and re-calendared for Wednesday March 6. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] Thank you mister president. Senate joint resolution 133, honor black history month, per the request of senators Bryant and Davis, please move senate resolution 133 from the rules committee and bring it to us so we may we deal with it today on the floor for immediate consideration. Well, for consideration on today's calendar. [SPEAKER CHANGES] No objection, so ordered. [SPEAKER CHANGES] Thank you mister president. Mister president, also, I know we identified a couple of the clerks that are with us today. I believe we have all the clerks and I sure don't want to leave anybody out. So if you might, if you get a chance, let's recognize them all, have them stand up so we can applaud them for the jobs they do. [SPEAKER CHANGES] Thank you senator. [SPEAKER CHANGES] And one other thing, mister president. [SPEAKER CHANGES] Yes sir. [SPEAKER CHANGES] House joint resolution 138. Set community college date. Is on the end of today's calendar for clerical purposes for getting information out. I move that we move it ?? for immediate consideration. House resolution 138. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] Mister president.

[clapping] Speaker: Senator Rucho, for what purpose do you rise? Representative: To set forth a finance report. Speaker: Committee report, one second senator. Hold on one second for that please. Senator you can send forth your report. The clerk will read. Clerk: Senator Rucho, finance committee, commits the passage of senate bill 97, unfavorable as the bill, favorable committee substitute bill titled an act to require the release or refund of property taxes in any area that was part of a municipality for six months or less then annexed. Speaker: Senate bill 97 calendar. Any further committee reports? Chair would like to take this time to extend courtesies to the gallery to any other clerks of court that may be with us today. If you are visiting with us as a clerk, please stand and be recognized. Thank you very much for your service to our state. [clapping] Speaker: Senators we are going to move right into the calendar now. We are going to begin with a public bill, second reading, house joint resolution 138. The clerk will read. Clerk: house joint resolution 138, set community college election date. Speaker: Senator Suchex is recognized to explain the joint resolution. Representative: Thank you Mr. President. This is simply a statutory need for us to set a date for the senate and the house will meet to – we will have one member of the statewide community colleges. That date will be Thursday, March 28th. The staff will be sending to each of you via email application forms. Those forms the SCI will need to be returned by 5pm on 12 March for anyone you wish to nominate. Speaker: Any discussion or debate? Hearing none, the question before the senate is the passage of the house joint resolution 138 on its second reading. All in favor will vote aye, all opposed will vote no. Five seconds will be allowed for the voting. The clerk will record the vote: 37 having voted in the affirmative, 0 in the negative. House joint resolution 138 passes its second reading and will, without objection, be read a third time. Clerk: NC general assembly enacts. Speaker: Any discussion or debate? Hearing none, all in favor of house joint resolution 138 on its third reading will say aye [aye], opposed, no [silence]. The aye’s have it. house joint resolution 138 passes its third reading and will be enrolled. Senator Apodaka, for what purpose do you rise? Representative: Two motions relative to today’s calendar. Speaker: Senator, you have the floor. Representative: Thank you Mr. President. Members, house bill 82, internal revenue code update, move that it be removed from tonight’s calendar and placed on Monday night’s calendar. Speaker: Without objection so ordered. Representative: Thank you Mr. President. Also, house bill 42, ask that it be removed from today’s calendar and placed on Monday night’s calendar Speaker: Without objection so ordered. Representative: Thank you Mr. President. If we could, bring forth senate joint resolution 133 for immediate consideration. Speaker: Without objection so ordered. Senate joint resolution 133. The clerk will read. Clerk: Senate joint resolution 133

[Speaker Changes] In the life and memory of Dr. Joey Joseph Johnston, Fred D. Alexander, Richard C Erwin, John W. Winter Sr., Dr. Alfred Johnston Webb, Dean Hopkins, Lucas, and other pioneer African American members of the General Assembly in observance of African American history month. [Speaker Changes] Senator Bryant, would you like to be recognized to explain this resolution? Senator Davis would you like to be recognized to explain this resolution? [Speaker Changes] Thank you Mr. President. To the members of the Senate, as you are well aware, this is the last day of February, which is also the last day of Black History Month. Although it was originally established in 1926 by Carter G Woodson, nationally we began to observe black history month in 1976, and mind you that President Gerald Ford was actually the first President to acknowledge black history month, and ever since, Presidents have acknowledged black history month. As we may have seen many events and received invitations to such events throughout this month. Schedule allowing have attended. I know Senator Paid, in the past Mount Olive puts together a pretty good black history parade and hundreds line up longest stretch and we’ve attended and participated and I think that parade is coming up Saturday. And likewise, here in the general assembly it is not uncommon for us or for a member to stand up and reflect on black history month. Many may remember, even though I was not here last session, but our dear friend Ed Jones stood up and brought forth some words. And he shared a story with you that he had shared with me quite often. And he was talking about his time when he was in the army, and he had a buddy that he served with and he reminded us then that service wasn’t about race, in the line of fire, it was about survival. And he shared that story and I remember talking to him shortly afterwards, and God bless his soul. Well in leu of a single words of reflection today, we have this joint resolution 133 that recognized the outstanding Americans and North Carolinians that just so happen to be African Americans who served in the North Carolina General Assembly. But before moving forward, I would like to pause just briefly and recognized Senator Briant who actually came up with the idea of this Joint Resolution and putting in one document a historical account of those legislatures who have served of African American decent. So I do thank you for working on it. She was working about, started last week, and by the time staff finished the resolution, she was out of town if you noticed. And she is back with us, and we are glad to have you back with us so that you can continue on the journey while you had asked me to work this resolution. But Joint resolution 133, as I said provides a historical account starting in 1868, through today highlighting on the accomplishments of african Americans, regardless of political party affiliation that have served and made great contributions in shaping north Carolina into the state that it is, beginning in 1868 when the first African Americans that served in our state Senate included Senators such as Harry Ebbs of Halifax County, and Abraham Galloway of New Hanover County, and John Heiman of Warren County. And by 1833, there were nineteen African Americans who were serving in the House and Senate. And this was, during tis time, one of the larger groups that its served of African Americans. And actually history tells us that it was greatly due to the North Carolina Republican party. Now, interestingly, and God rest his soul, when I was serving before, I sat right here with Senator Tucker and Jim Forester, Senator Forester, who shared so many stories and he reminded me for the efforts of the Republicans along the way. But heading up to the century there were 111 African Americans that served...

General Assembly. Then as the ?? returned it wasn’t until the six to eight years later that we began to see African-Americans begin to serve once again in our General Assembly with one the first in 1968 then Representative Henry Fry, which many of us know and understand later became Justice Fry of Guilford County. Also I remind you by 1971 we began to see the first African-American female to serve in our House on Dr. Alfreda Webb of Guilford County and twenty years later, twenty years later, 1991 we saw the first African-American to go on to become the Speaker of the North Carolina House of Representatives and that gentlemen is by the name of Daniel Terry Blue, Jr. and he wasn’t have enough fun in the House. He was not truly fulfilled with being a Speaker so he sought his true fulfillment her in the Senate, Senator Blue. Yet history continues to chart itself. By 2009, 2009, Representative Pearl Burris-Floyd of Gaston County was the first African-American Republican elected to serve in the General Assembly. I’m currently, there are 31 African-Americans including 2 Native Americans serving in our General Assembly in this session. What rich history do we have as a state as we reflect on this last day of February, 2013. Historically 2013 was a very significant year for other reasons. This year marks too, the 150 year of the signing of Lincoln’s emancipation proclamation which freed over 3 million slaves and also many may remember fifty years ago we had a march on Washington and interestingly history tells us that A. Phillip Randolph, the visionary behind the march on Washington and that’s the begin to plan the march nearly 20 years before the actual march took place. However in working with President Roosevelt at the time an executive order was put forth to help alleviate discrimination in the defense industry and therefore he held off on the march but then by 63 A. Phillip Randolph in the big six were very content on moving forward with the march on Washington and the reason for that was because we wanted at the time they were interested in capturing a historic account to examine the progress made since the signing of the emancipation proclamation then 100 years later. Although Civil Rights movement, the march in Washington produced tremendous leaders as we remember Martin Luther King, now Congressman John Lewis and even Floyd McKissic. Now not our Senator Floyd McKissic but his father was a tremendous giant in the Civil Rights community and actually Senator McKissic’s was one of the featured speakers on the march on Washington and we continue to remember his contributions today. My friends, as we now reflect then in this joint resolution on what history tells us for our state there’s some things that I hold onto. Number one, Black History does not by any means, shape or form, conflict with American History, the history of our great state or any other history. It is in essence our histories a deeply connected and rooted in American history, in North Carolina history. Number two our past, as we reflect here today we see in that past both strengths as well as struggles within our communities, even our political parties at times, our state, our nation, but yet as we reflect on the same history it’s our unyielding resilience

That as brought us brought thus for in our ability to persevere. So as we allow our reflections to lead us and guard us in to our future. That may be get to known which simply suggests that this joint venture simply reminds us too of the beauty of this institution of this institution . Senator Apodaca reminds us that we are a family. It’s this family that bring us together the child of the east to meet with mountain men like Nesbitt. This child of the east of all the senators he has to meet with outstanding this child of the east brings educational experience to meet up with [??] gentlemen too. Is he growing up growing up for me small rule ring county often people with saying growing up that they are going to the town that was to go to the county seat. Nevertheless they would have thinking about imagined of planning a trip to a big city. This institution allows the son of the east to come in and exchange ideas with big senators from the big city [??] Senator Clodfelter and so many. My friends I would simply say this institution this institution that as we perform that allows us and will allow us to move forward and has given us the strength to get here today. As we keep our god ahead of all and keep our love of country and our state at the forefront I am convinced that our strength our strength our collective strength would continue to allow us to rise above any of our struggles and challenges of our past. As we reflect on the history of this institution and its progress let us hold on to this fact that often our policies are reflection of our relationships and often our politics are reflection of our hearts. And its important in therefore to allow hearts to guide us and allow our relationships to move us forward, Understanding this, the true progress as we lurk in this resolution, it is required that both parties to move us forward people from both the parties to move us forward people of all races to move us forward people from different backgrounds to move us forward people from different religions to move us forward. I am glad to serve with each and every one of you and I am glad to celebrate this enormous legacy that’s captured in this resolution. I am joined to celebrate and honor pioneers such as Senator Blue and I am honored to submit this resolution to you.. I do ask for your support on this resolution and I also ask for god to continue to guide and build our state. May god bless you. [Speaker Changes] Thank you Senator. Any further discussion or debate [Speaker Changes] Mr President [Speaker Changes] Senator Robinson. What purpose do you rise? [Speaker Changes] stand to speak on the resolution [Speaker Changes] You have the floor Senator [Speaker Changes] Thank you and I want to thank and commend senators Davis and Brian and others and I want to congratulate one of my mentors Senator Blue for his work both in the house and the senate and I want to certainly commend one of my greatest mentors on whose campaign I worked in the 60s representative Henry Fry who later became North Carolina Supreme Court Justice Fry for the work he did.

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back up to the top of our calendar now, with local bills. Second reading, roll call bill, senate bill 56. Clerk will read. [SPEAKER CHANGES] Senate bill 56. Wallace satellite annexations. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Jackson, for what purpose do you arise? [SPEAKER CHANGES] To explain the bill. [SPEAKER CHANGES] Senator, you have the floor to explain the bill. [SPEAKER CHANGES] Thank you, Mr. President. Ladies and gentlemen of the senate, this bill might look a little familiar to you. In our haste in late June of 2012, we passed a house bill very similar to this, for this same area, this same town, this same development. But we added one section in there that did not need to be in there, and we decided to let it go, and we would correct it now. And that's what this does. Rarely do we get bills come to us that are win-wins, and this is certainly a win-win for the town of Wallace, and it's a win-win for the developer, and it's a win-win that they've already brought in three businesses, so we need to get this passed so they can move forward with the water and sewer as it goes. So I would appreciate your support. Thank you. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, the question before the senate is the passage of senate bills 56 on its second 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. Cook. 48 having voting in the affirmative and zero in the negative, senate bill 56 passes its second reading, and will remain on the calendar. Senators, we'll be moving down to non roll call public bills on second reading. Senate bill 84. The clerk will read. [SPEAKER CHANGES] Senate bill 84. Cancel aircraft lien, to surety bond deposit. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Clodfelter, for what purpose do you arise? [SPEAKER CHANGES] To explain the bill. [SPEAKER CHANGES] Senator, you have the floor. [SPEAKER CHANGES] Thank you, Mr. President. Members, when someone does repair or maintenance on an airplane, they are entitled to keep possession of it until they get paid. If there's a dispute, though, about the work they did, or about how much they're owed, that goes to court, and under the current law, the airplane just sits parked. It can't fly. What the bill does is allow a procedure whereby if there's a dispute about the work or the value of the work or what's to be paid, the owner can post a bond for the amount of the claim by the mechanic, and then recover possession of the aircraft, and the dispute goes ahead in the courts. That is exactly the same procedure we already have statutes for other kinds of vehicles. Cars, trucks, boats. We just don't have it for aircraft. This conforms a statue for aircraft, the same procedure we use for cars, trucks, boats. Glad to answer questions. [SPEAKER CHANGES] Thank you, senator. Is there any further discussion or debate? Hearing none, the question before the senate is the passage of committee substitute senate bill 84 on its second 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. Davis. Barefoot. Aye. Barefoot Aye. 48 having voting in the affirmative, and zero in the negative, committee substitute to senate bill 84 passes its second reading. Without objection, will be read a third time. [SPEAKER CHANGES] North Carolina general assembly enacts. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, all in favor of the passage to the committee substitute of senate bill 84, on its third reading will say aye. Opposed, no. The ayes have it. Committee substitute to senate bill 84 passes its third reading, and will be sent to the house. House bill 77. The clerk will read. [SPEAKER CHANGES] House bill 77. Board of law examiners update expense law. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Hartsell, for what purpose do you arise? [SPEAKER CHANGES] To speak to the bill. [SPEAKER CHANGES] Senator, you have the floor. [SPEAKER CHANGES] The bill comes to us from the general statutes commission, at the request of the board of law examiners. The old law said that the board of law examiners got $50.00 for each session. They haven't actually been paid that since the mid-seventies, and we're simply eliminating that provision. That's all it does. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, the question before the senate is the passage of house bill 77 on second 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. Brock, aye. 48 having voting in the affirmative and zero in the negative. House bill 77 passes its second reading. Without objection, will be read a third time. [SPEAKER CHANGES] North Carolina general assembly enacts. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, all in favor the passage of house bill 77 on its third reading

will say aye. Opposed, no. The ayes have it. House bill 77 passes its third reading and will be sent to the governor. Senate resolution 141. The clerk will read. [SPEAKER CHANGES] Senate resolution 141. UNC board of governors. [SPEAKER CHANGES] Senator Apodaca is recognized to explain the resolution. [SPEAKER CHANGES] Thank you mister president. Members. We discussed this yesterday in our committee meeting. What has happened, there have been a few applications that were giving the wrong information by the ethics commission on what ethics forms they were suppose to file. So anyway, we're going to open the nominations back up. They'll be open through 5 pm tomorrow afternoon Friday, March 1st. We'll keep the rest of the schedule going forward as it was. To ensure as many nominees as possible eligible for consideration by the senate we feel like this is the fairest approach to get everything corrected. So, I ask for your support. [SPEAKER CHANGES] Any further discussion? debate? [SPEAKER CHANGES] Mister president. [SPEAKER CHANGES] Yes, senator Pate. [SPEAKER CHANGES] Question for senator Apodaca. [SPEAKER CHANGES] Senator Apodaca, do you yield for a question. [SPEAKER CHANGES] Yes sir. [SPEAKER CHANGES] I understand that some nominees submitted the wrong form to the ethics commission. Will they have to resubmit and do they know that- have they been notified that they have to resubmit? [SPEAKER CHANGES] Senator Pate, thank you very much. Yes. We sent out notices out yesterday to all the sponsoring members, to your email, to check and give you the information needed for your candidate to be in compliance. So be sure to check your email. [SPEAKER CHANGES] Any further discussion? debate? Hearing none, the question before the senate is the adoption of senate resolution 141. All in favor will vote aye. Opposed will vote no. Five seconds will be allowed for the recording. The clerk will record the vote. Bingham, aye. Forty-eight having voted in the affirmative and zero in the negative, senate resolution 141 is adopted. At this time, we would like to thank our pages for the week. The pages will- please stand and be recognized and we thank you for your service here and appreciate what you've done this week and hope that you will come back and join us again. Do we have any notices or announcements? [SPEAKER CHANGES] Mister president. [SPEAKER CHANGES] Senator Nesbitt. For what purpose do you rise? [SPEAKER CHANGES] For an announcement. [SPEAKER CHANGES] You have the floor senator. [SPEAKER CHANGES] Thank you mister president. The Democrats will caucus immediately after session. [SPEAKER CHANGES] Any other notices or announcements? [SPEAKER CHANGES] Mister president. [SPEAKER CHANGES] Senator Apodaca. For what purpose do you rise? [SPEAKER CHANGES] A moment of personal privilege. [SPEAKER CHANGES] Senator, you have the floor for a moment of personal privilege. [SPEAKER CHANGES] It turned out to be a very good day this morning when I woke up because somebody in this chamber is having a birthday and I didn't realize how much older they were than I am so, senator Brunstetter, I'd like to tell you that with your advance years I hope you're able to get home on your own. Thank you. Happy birthday. [SPEAKER CHANGES] Any other notices or announcements? Senator Davis. For what purpose do you rise? [SPEAKER CHANGES] Point of personal privilege. [SPEAKER CHANGES] Senator you have the floor for a point of personal privilege. [SPEAKER CHANGES] Thank you, mister president. Members, I would like to take this opportunity to acknowledge the exemplary service of an assistant intern that I had this week. Miss Emma Sam ?? is from Cashiers in Jackson county in my district. And she is quite a young lady, a real self starter, and I have a certificate of appreciation for her signed by the lieutenant governor and the president pro tempore. And she is standing back there in the back. She is a sharp lady. She'll be beginning college this fall and I don't there is anything that she can accomplish that will surprise me. Thank you. [SPEAKER CHANGES] Thank you, senator. Is there any further business to come before the senate? Senator Apodaca. For what purpose do you rise? [SPEAKER CHANGES] Mister president, I need to make an announcement. Mainly a reminder to the members. We are quickly approaching the filing deadline for local bills. Local bills that need to be in the bill drafting by Tuesday four o'clock. That's Tuesday, March the 5th

2013. And each senator I remind you is authorized to file one blank local bill in case an emergency comes up after filing. And senator Allran I don't want you to forget we still plan to go paperless March 15th so I hope you're ready. Thank you. [SPEAKER CHANGES] 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 subject to the introduction of bills and resolutions, the receipt referral and re-referral of committee reports and the receipt of messages from the house and the governor, to reconvene Monday March 4, 2014, at 7:00 P.M. [SPEAKER CHANGES] Motion that senate do now adjourn subject to the stipulations stated by Senator Berger to reconvene Monday March 4, say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed no. The Aye's have it, the senate stands adjourned.