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Senate | March 6, 2013 | Chamber | Session

Full MP3 Audio File

The Senate will come to order. Sergeant-at-Arms, close the doors. Members will go to their seats. Members and guests of the gallery will please silence all electronic devices. Leading the Senate in prayer is the Reverend Peter Milner, Senate Chaplain. All members and guests in the gallery will please stand. [SPEAKER CHANGES] Let us pray. Dear Lord, every time we meet we pray you that you cleanse the thoughts of our hearts by the inspiration of your Holy Spirit. We think a thousand thoughts in a minute. As small as a cell phone or loneliness or good food, and we trust that you do in fact hold all these things in your sight. You turn the wind. You examine our hearts. You are the great physician. Now unto him that is able to keep you from falling and to present you faultless before the presence of His glory. With exceeding joy, we give you thanks, Lord. In your name we pray, Amen. [SPEAKER CHANGES] Senator Berger is recognized for a motion. [SPEAKER CHANGES] Thank you, Mr. President. The journal of Tuesday, March 5, 2013 has been examined and is found to be correct. I move that we dispense with the reading of the journal and that it stand approved as written. [SPEAKER CHANGES] Without objection, the journal for March 5th stands approved as written. Upon the motion of Senator Hise of Mitchell County, the Chair is happy to extend courtesies of the gallery to the North Carolina Chapter of the March of Dimes. If you're with us today, please stand and be recognized. Don't see them, there they are ??. [applause Thank you. Thank you for being with us. Reports of standing committees. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Tillman, for what purpose do you rise? [SPEAKER CHANGES] Send forth a committee report. [SPEAKER CHANGES] Senator, you can send forth your report. The clerk will read. [SPEAKER CHANGES] Senator Tillman for Education Committee submits for passage House Bill 23, Committee Substitute No. 1, Digital Learning Competency School Employees, unfavorable as to Committee Substitute Bill No. 1, but favorable as to Senate Committee Substitute Bill. House Bill 44, Transition to Digital Learning in School, favorable. [SPEAKER CHANGES] House Bill 23, calendar. House Bill 44, calendar. Senator Daniel, for what purpose do you rise? [SPEAKER CHANGES] Send forth a committee report. [SPEAKER CHANGES] Senator, you can send forth your committee report. The clerk will read. [SPEAKER CHANGES] Senator Daniel for Transportation Committee submits for passage House Bill 10, unfavorable as to Bill, but favorable as to Senate Committee Substitute Bill entitled An Act to Remove the Restriction on the Turnpike Authority, Selection of a Part or Location for the Southeast Extension Project, North Carolina 540, and to Remove Authorization and Funding from Three Projects of the Turnpike Authority. [SPEAKER CHANGES] House Bill 10, calendar. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] A motion, please. [SPEAKER CHANGES] Senator, you have the floor for your motion. [SPEAKER CHANGES] Mr. President, House Bill 10 was just read in by the reading clerk. I move that rules be suspended to the end, that House Bill 10 be placed on today's calendar. At the end of the calendar is fine. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Would Senator Rucho yield to a question, please? [SPEAKER CHANGES] Senator Rucho, do you yield? [SPEAKER CHANGES] Yes, sir. I do. [SPEAKER CHANGES] Senator Apodaca, you have the floor for your question.

Senator Rucho, what's the status of Senate Bill 81? Charlotte Regional Airport Authority [Speaker Changes] Thank you Senator Apodaca. As was discussed in the Finance Committee, we are expecting a bond council letter from a very fine bond council that will, that will probably arrive next week early. We would like to be able to find a way to move this bill forward and by that time all of the misinformation by the opponents and all the certainty will be reestablished so we can move forward with this airport bill. Thank you. [Speaker Changes] Thank you Mr. President, Senator Rucho. Mr. President, motion please? [Speaker Changes] You have the floor, Senator. [Speaker Changes] Move that Senate Bill 81 be removed from today's calendar and placed on the calendar for Tuesday, March the 12th. [Speaker Changes] Without objection, so ordered. [Speaker Changes] Senators we'll start with local bills, second and third reading. Without objection I would like to block both Senate Bill 111 and House Bill 37. So is there any discussion or debate on these bills? If not, the question for the senate is the passage of Senate Bill 111 and House Bill 37, on their second reading. All in favor will vote aye, will say aye, excuse me. All in favor say aye. [Speaker Changes] Aye. [Speaker Changes] Sorry, I got ahead of myself there senators. House Bill, Senate Bill 111, House Bill 37, the clerk will read. [Speaker Changes] Senate Bill 111. ?? designed, bill ??, House Bill 37, Cleveland County property transfer. [Speaker Changes] Any discussion or debate? Hearing none, the question for the senate is the passage of Senate Bill 111 and House Bill 37 on their second reading. All in favor will say aye. [Speaker Changes] Aye. [Speaker Changes] Opposed no. The ayes have it. Without objection, it will be read a third time. [Speaker Changes] The North Carolinian assembly acts. [Speaker Changes] Any discussion or debate? Hearing none, all in favor of the passage of Senate Bill 111 and House Bill 37 on the third reading will say aye. [Speaker Changes] Aye. [Speaker Changes] Opposed no. The ayes have it. Senate Bill 111 passes its third reading, will be sent to the house. House Bill 37 passes it's third reading, will be enrolled. Senators we'll be moving on to public bills, third reading, roll call. House Bill 82, the clerk will read. [Speaker Changes] House Bill 82, Internal Revenue Code update. [Speaker Changes] Senator Rucho, would you like to explain anything further, no, any further discussion or debate on the bill. Hearing none, the question for the senate is the passage of the Committee Substitute to House Bill 82 on its third reading, all in favor will vote aye, opposed will vote no, five seconds will be allowed for the vote, the clerk will record the vote. Blue, no. Barringer, Barringer, aye. Wade, Wade, aye. Thirty-three having voted in the affirmative and 17 in the negative, the substitute to House Bill 82 passes its third reading, it will be enrolled and sent to the governor. Senate Bill 11, the clerk will read. [Speaker Changes] Senate Bill 11, establish organ donation month. [Speaker Changes] Mr. President? [Speaker Changes] Senator Gunn, for what purpose do you rise? [Speaker Changes] Explain the bill. [Speaker Changes] You have the floor, Senator. [Speaker Changes] Folks, as I sit here and address you today, 116 people are waiting, right now, on organ transplants nationally, and 3,500 of those individuals are right here in our beloved state. Eighteen people waiting every single day die from the shortage of organ donation. Every 10 minutes, another name is added to the national register. Do you realize that one organ donor can save the lives of eight people, and improve the lives of 50 people, through tissue and cornea donation. North Carolina division

Voter vehicles has played a critical role in organ donation. With 99% of donors having registered when receiving their North Carolina driver’s license and ID card. Our state is blessed to have a state donor registry. That is the sixth largest registry in the country with, get this, 4.3 million North Carolinians having registered with the Division of Motor Vehicles through Donate Life North Carolina’s online registry. The state of North Carolina joins Donate Life North Carolina, our state’s organ recover agencies, Carolina Donor Services, the North Carolina Eye Bank, Life Share of the Carolina’s, many health care professionals, volunteers, educators, government agencies, faith based and community groups and private organizations in an effort to boost the numbers of organ, tissue, eye, blood, bone marrow and stem cell donors throughout North Carolina. So what I bring for you today for your consideration and hopefully your heart felt support, is that we will amend Chapter 103 of the General Statutes to read as, Organ Donation Awareness, Donate Life Month. The month of April of each year is designated as Organ Donation Awareness Donate Life Month in North Carolina. This act shall be known as Duffy’s Law, of which Mr. President and a point of personal privilege I will explain more. I commend this to you. [SPEAKER CHANGES] Thank you, Senator. Is there any further discussion or debate? Hearing none, the question before the Senate is the passage of the Committee Substitute to, Senator Davis? Would you like to speak on this? [SPEAKER CHANGES] Yes, Mr. President. [SPEAKER CHANGES] Senator Davis, you have the floor. [SPEAKER CHANGES] Thank you. I would like to thank Senator Gunn for bringing this forward. As we’re sitting in Committee, many showed their IDs with the hearts and I remember at the age of 16 going and becoming a donor and many things that we see in this Chamber, in many ways when we submit this through this bill, it may indeed help save lives so thank you. [SPEAKER CHANGES] Ladies and gentlemen, any further discussion or debate? Hearing none, the question before the Senate is the passage of the Committee Substitute to Senate Bill 11 on its second reading on its second reading. All those in favor will vote aye, oppose the vote, no. Five seconds will be allowed for the voting. The clerk will record the vote. Ayes, aye, 50 having voted in the affirmative and zero in the negative. Committee Substitute to Senate Bill 11 passes its second reading without objection. It will be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Any further discussion or debate? Hearing none, all in favor of the passage of the Committee Substitute to Senate Bill 11 on its third reading will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Oppose, no. The ayes have it. Committee Substitute to Senate Bill 11 passes its third reading and will be sent to the House. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Gunn, for what purpose do you rise? [SPEAKER CHANGES] I’d like a point of personal privilege out of order please. [SPEAKER CHANGES] Senator, you have the floor for a point of personal privilege out of order. [SPEAKER CHANGES] Members, thank you so much for this vote today and this vote of confidence for these fine organizations in North Carolina, which are doing such important work to give life to many, many folks who are in desperate need. You see on your desk today I have provided each of you with a Donate Life pen and some information on the Donate Life North Carolina and also on the Duffy Collin Organ Transplant Foundation. I cannot tell you the efforts that have been made in this state to make the awareness of organ donation more visible and the results that have occurred from that. And we do need to give thanks to the licensures at the highway patrol and the DMV. They worked tirelessly to make sure that people are aware and that these opportunities are there. Think about it. 4.3 million, 4.3 million folks have registered to donate life. 4.3 million in this state. Something we can certainly be proud of. As legislatures, what can we do? I think it’s highlighted on the end of your flyer there. But wear your Donate Life pin we will have in April there will be another day here and I’d like to each of you to take that pin and keep in your desk drawer and when we have a Donate Life day.

center of the storm surge of seasonal time awareness that, after that, later shared-setting record and a lot like North Carolina the issue goes for the same time sessions well as admin-a division until fall in that session-finesse one: only 30 fall he, too-late on the long run in the studio and of the 91 of the views were, say over the years to aid the indictment lifelong all time and so on some common or state and format, we would certainly give the city and well-formed zero for all his efforts now, instead, the listed I mean the whole philosophy that the small hands definition,(SPEAKER CHANGES) is counting with Mr. Long he is so I'm from one of great athletes of the future, character he was a great time when sunlight may well in fairness of the agency seen all of them have never seen or so the association of singing and the pentagon's ??-section of the few 2002 with time-have-been since the second is kidneys a few times, he was spending nine HRS everyday homeowners minority reading time that has been added to the neighborhood, said the defense has shown affirmative action league, was one of the sun and rustling including a 1-70 that as an American-Islamic movement is that these events and is disappointed of four and see that they would have known for is a good start in cash to an annual fee to-lifers, (SPEAKER CHANGES) I'm an assembly will house the ordination to shoot nation North Carolina time and that's where it's the same age and cons ?? study that has 14 transplant foundation of functioning on the stand trial work just as soon forget the spill was here is sending signals to allow the statutes Home Times in this is an atrocity through and nobody has already are Johnston thank you for billing as the ITU has signed but I must have known only to the 7-81 person up to one person died in the war Thailand as they as she did so, while friends and family and caring and loving people and, as much to join the time of the bay Chan and those calls to the senate chambers if the sender sends a message that this is the president met president of medicine, and the big time, and the standard in the center serves half so the time entry as having the best-of-the-landfill site sometimes recognizes when the access to the west, said that the hostages that we passed via facts to back-end of this high taxes-the- half the I’m is just had enough to me, and said that is when see them a say-die my name the size and 1/2-and-a-day: Genzyme -houses and that has either ??.............

The bill was passed a few years ago restricted them from getting that final permit and the piece of it that kept them from doing that was the piece mentioned then within a certain distance of a National Wildlife Refuge. So, all the bill does, is it extends that region to where the sandy landfill can be built and this recycling center can be built and Jones County will provide those jobs. It's restricted to, where I don't think that the town of Baysville could meet these restrictions, but that's mostly what the bill does. [SPEAKER CHANGES] Further discussion or debate? Hearing none the question before the Senate is the passage of the committee substitute to senate bill 24 on its second reading. All in favor will vote aye opposed will vote no, 5 seconds will be allowed for voting, the clerk will record the vote. Davis. Aye. 50 having voted in the affirmative and zero in the negative Committee Substitute to Senate Bill 24 has passed its 2nd reading. Without objection it will be read a third time. [SPEAKER CHANGES] General Assembly of North Carolina enacts. [SPEAKER CHANGES] Any further discussion or debate. Hearing none, all in favor of the passage of the Committee Substitute to Senate Bill 24 on its third reading will say "aye". [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed no. The ayes have it. Committee Substitute to Senate Bill 24 passes its third reading, will be sent to the house. Senate Bill 45, clerk will read. [SPEAKER CHANGES] Senate Bill 45, in the passage to proceed amendments. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator ?? will be recognized to explain the bill. [SPEAKER CHANGES] Members, this legislation comes as a result of a five month study through the legislative research commission during the 2011-12 interim. We invited input from all interested group who shared a lot of the same concerns. We had a round table discussion. The participants included Art North Carolina, Nammey North Carolina. Disability Rights North Carolina, the UNC School of Government, Department of Health and Human Services, administrative doctors of the courts, North Carolina sheriff's association, North Carolina Attorney General's office. The district attorneys association, the ?? defender, and the North Carolina Psych Association. So you can see by that listing that we have a lot of people talking at that round table discussion. We found common ground on most issues resulting in the bill that you have before you today. I know of no opposition to the bill. The bill's content pertains to criminal defendants whose capacity to stand trial is raised in the preliminary face of the trial and the process that follows. Under section one, all misdemeanors will be evaluated locally with only felons being evaluated at central prison. It also sets time frames for reports made to the courts. Section two causes restoration of competency to be a part of treatment and requires a reevaluation for capacity to proceed before release from a state hospital after involuntary commitment. Section four expedites the trial process upon release from a state hospital to avoid deterioration of the defendant while sitting in jail. Under section five there's an inclusion, a provision allowing the prosecution to reinstate proceedings upon the defendant becoming capable to proceed. The exception being where the defendant has already been held for the prescribed maximum term of his imprisonment. You know we talk about efficiencies in government, and this is in the area that we should command efficiency. This allows the defendant their day in court and brings closure to the victims. I ask for your support. Thank you. [SPEAKER CHANGES] Any further discussion or debate. Hearing none the question for the Senate is the passage of Senate Bill 45 on its 2nd reading. All in favor will vote "aye" all opposed will vote "no", 5 seconds will be allowed for the voting, clerk will record the vote. 50 having voted in the affirmative and zero in the negative Senate Bill 45 passes its 2nd reading without objection, will be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Any further discussion or debate? Hearing none, all in favor of the passage of Senate Bill 45 on its 3rd reading, will say "aye" [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed no. The ayes have it. Senate Bill 45 will be sent to the House. Senate Bill 113 the clerk will read. [SPEAKER CHANGES] Senate Bill 113, ?? support for reasonable water supply system. [SPEAKER CHANGES] Senator Jackson is recognized to explain the bill. [SPEAKER CHANGES] Thank you Mr. President. Ladies and gentlemen of the senate, this bill has a companion running in the house it's house bill 89, this is a recommendation from the E.R.C. Committee that made an end -

all ?? this bill does, in 2011 you remember we done a lot of things to change the way DENR operated and sort of to assist folks in getting things done. Well, we might have got a little bit happy in that aspect, and so one thing that this bill does is tweaks the language from the 2011, and provides solutions to some early problems that we have detected. Currently as it stands DENR may be a co-applicant on a federal permit if the local governments request it. DENR does not have administrative control over these water projects, so in turn if anything goes wrong five, ten, or twenty years down the road, DENR could be on the hook. Or, in other words, the state could be liable being it's the co-applicant. This is one issue that this corrects. This is a reasonable solution-oriented fix. We actually instead require DENR to assist in any way they can as long as certain conditions are met. And some of those conditions are acquiring the necessary property for construction of a water reservoir or supply resource, implementation of the appropriate conservation measures, developed measures to replace leaking infrastructures, and contractual agreements has been reached to pay for the expenses the law still included. To my knowledge I know of no opposition to this bill, and I'll be glad to answer any questions you might have, and I would ask for your support. Thank you. [SPEAKER CHANGES] Any further discussion or debate? Senator Stein, for what purpose do you rise? [SPEAKER CHANGES] To see if the bill sponsor will yield for a question. [SPEAKER CHANGES] Senator Jackson, do you yield? [SPEAKER CHANGES] Absolutely. [SPEAKER CHANGES] Senator Stein, you have the floor. [SPEAKER CHANGES] Thank you, Senator Jackson. So, under current law, there can be a co-applicant, and the DENR can be, but under this revision, they can't be a co-applicant but they can endorse it, and by endorsing it there's no risk of future liability? [SPEAKER CHANGES] Well, I don't know that endorsing is the correct term to use. This bill ba-- your first part is correct, yes. The second part to your question, this would require DENR to assist them in getting this federal permit, but it would not hold DENR culpable five to ten years down the road because they would be out of it at that point in time. [SPEAKER CHANGES] Follow-up question. [SPEAKER CHANGES] Yes. [SPEAKER CHANGES] Go ahead, Senator, he yields, you have the floor, Senator Stein. [SPEAKER CHANGES] Thank you, Mr. President. In terms of the provision that gets struck, which is Section E where it gave them the authority to be a co-applicant, it says that the department _may_ become a co-applicant on lines 30 and 31 of page two, if the conditions are met, and this language on the, that we're adding, saying that it providing 'full support and favorable endorsement'. It says that they '_shall_ provide the full support and favorable endorsement.' Wouldn't we want to make that conditional that they _may_ provide it, just like it used to be conditional, or at their option, when it came to being a co-applicant? [SPEAKER CHANGES] Well, that's a good point, Senator Stein, but the ERC Committee recommended that we leave the word 'shall' in there so that we could instruct DENR to assist these small communities and municipalities to make these changes or to get these federal permits. [SPEAKER CHANGES] And did they s-- Follow up question. [SPEAKER CHANGES] Senator do you yield? [SPEAKER CHANGES] Yes. [SPEAKER CHANGES] He yields. Go ahead, Senator. [SPEAKER CHANGES] Did they explain why they wanted it to be that DENR had to do it without being able to exercise discretion, versus being able to do it if they wanted? [SPEAKER CHANGES] Well I think with the history that some of us out from the beltline here in Raliegh has seen with DENR, if we don't put, be specific in our law, we don't get much help. So 'shall' is certainly better than 'may' in this particular instance. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] Any further discussion or debate? Hearing none, the question before the Senate is passage of Senate Bill 113 on its second reading. All in favor will vote 'aye,' opposed will vote 'no.' Five seconds will be allowed for the voting. Clerk will record the vote. Kinnaird? [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Clark? [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Fifty having voted in the affirmative and zero in the negative, Senate Bill 113 passes its second reading. Without objection, will be read a third time. [SPEAKER CHANGES] North Carolina ?? [SPEAKER CHANGES] Any further discussion or debate? Hearing none, all in favor of the passage of Senate Bill 113 on its third reading will say 'aye,' opposed 'no.' The 'ayes' have it. Senate Bill 113 passes its third reading, will be sent to the House. House Bill 110 has been added to the Calendar. The clerk will read. I'm sorry, excuse me, House Bill 10, not 110. House Bill _10_. The clerk will read. [SPEAKER CHANGES] House Bill 10, remove...

Route Restriction for NC 5-40 Loop [SPEAKER CHANGES] Senator Rabin is recognized to explain the bill [SPEAKER CHANGES] Thank you Guest Presenter of the Bill [SPEAKER CHANGES] You have the floor, Senator. [SPEAKER CHANGES] Thank you, sir. Mr. President, Members of the Senate, What the house bill does is earlier we passed legislation that took certain environmental impact studies out of the loop, if you will, and in order to get funding, and to complete the 540 project around Raleigh, these studies must be completed. Now what this bill does is it allows those studies to go ahead and be completed, so that 5-40 can move ahead. This is a very important project for the state as a whole, and certainly a very important project for Wake and the surrounding counties. That's all this part of the bill does. This bill also removes from statute all projects that have not been started in the Turnpike Authority. It fully funds the Monroe Connector Bypass and it fully funds the work on the 5-40 loop. It takes these other projects and it puts them into the regular state program. They will be data-driven, they will have the local input as to whether or not they continue to move. But by doing this it does a very important thing for the state. It's taking...It's adding to the current fifty eight millions dollars we have currently in the mobility fund, an additional sixty three million dollars per year, which brings us to one hundred and twenty one million every year, from now on, going to the mobility fund. That greatly accelerates those projects that are data-driven, those that have come forward by the prioritization schedule, and will move them up quite a bit as the DOT and the department goes forward. I strongly suggest that we support this bill. It is time sensitive to get the 5-40 project moving, and get this stuff done again, and moving again, so that we can complete the project and that we keep all of our federal funds and keep these projects intact so, thank you very much. [SPEAKER CHANGES] ?? Further discussion and debate. [SPEAKER CHANGES] Mr. President [SPEAKER CHANGES] Mr. President [SPEAKER CHANGES] Senator Barefoot, what purpose do you rise? [SPEAKER CHANGES] Speak on the bill. [SPEAKER CHANGES] Senator you have the floor to speak on the bill. [SPEAKER CHANGES] Thank you, Senate colleagues, I appreciate the opportunity to speak on this. I am opposed to this bill for the specific reason that when the legislature put in the provision that required the state to be prohibited from studying the red route. That was the only thing that's protecting the southern part of my district in the town of Garner from having a road that could potentially be built through sixteen neighborhoods, two historically black churches, and basically decimate the economic development of the town. And so, for that reason, I have to oppose this bill. I do, however, appreciate the fact that in Sections 2 and in Sections 3 a right has been reserved for legislative oversight of the process, which is greatly needed to restore the relationship between the DOT and the Town of Garner. And, the DOT should act quickly in this so that economic development in my district is no longer held up with this hanging over it. I think that this is no fault of the legislature's but it is the fault of both the federal government, the communications between our departments that happened in the past and I remain opposed to this bill but I hope that in the future the actions that we take will not have effects like this on towns and communities and their ability to create jobs. [SPEAKER CHANGES] Senator Blue, for what purpose do you arise. [SPEAKER CHANGES] To debate the bill. [SPEAKER CHANGES] Senator, you have the floor to debate the bill. [SPEAKER CHANGES]

?? Interstate 540, make believe Interstate 540 since it’s going to be a state 540 rather than an interstate. The road would never be built. We simply can’t go through and eviscerate the town of Garner, but first again, it would be too expensive. Secondly it would be too disruptive. I plan to vote against this bill just to let the Federal Department of Transportation know that it’s stupid to require us to study it. [SPEAKER CHANGES] Is there and further discussion or debate? Senator Nesbitt. [SPEAKER CHANGES] Thank you, Mr. President. Would the gentleman yield to a question? [SPEAKER CHANGES] Senator Rabin, do you yield? [SPEAKER CHANGES] I yield. [SPEAKER CHANGES] He does, Senator. [SPEAKER CHANGES] Thanks, Senator Rabin. I’m trying to digest the rest of this bill. As I understand it, you’ve killed three projects. I would assume one of them is in Gaston County, one of them is in Wilmington, the Skyway project, and one of them is the bridge in former Senator ??, now Senator Cook’s district. Am I correct that those three projects are being scuttled in here? [SPEAKER CHANGES] Two things. First, I’m sorry the bill gives you indigestion. Number two, and to answer your question, no it does not. What it does is allows these bills to be put into the TIP program and to compete with every other project in the state. [SPEAKER CHANGES] Would he yield to another question? [SPEAKER CHANGES] Senator do you yield? [SPEAKER CHANGES] Yes, I will. [SPEAKER CHANGES] And prior to this bill coming along, they were in a category where they were going to do a toll road. Is that the difference? [SPEAKER CHANGES] They can or they can’t. That would depend on how the fall in the TIP programs. [SPEAKER CHANGES] Would he yield to another question? [SPEAKER CHANGES] Senator Rabin, do you yield for a third question? [SPEAKER CHANGES] I’ll give you one more. [SPEAKER CHANGES] An there may be more. I’m trying to understand this because we really didn’t explain this part. The Turnpike Authority. Does the Turnpike Authority, is that the authority that builds toll roads? [SPEAKER CHANGES] The Turnpike Authority, as you will recall, a couple of weeks ago we removed and put back under the auspices of the Department of Transportation. [SPEAKER CHANGES] Would Senator Jenkins yield to a question? [SPEAKER CHANGES] Senator Jenkins, do you yield for a question? [SPEAKER CHANGES] Yes sir. [SPEAKER CHANGES] I’m trying to get educated about what we’re doing here. Were these three projects originally put under the toll road bill? Is that what we did with them? We’re going to build them as toll roads? [SPEAKER CHANGES] When the Turnpike Authority was organized and created there were projects in here and yes, these three projects were three of the original projects that went into Turnpike Authority. [SPEAKER CHANGES] And the Turnpike Authority designed toll roads? [SPEAKER CHANGES] Yes. [SPEAKER CHANGES]. Would he yield to another question? [SPEAKER CHANGES] Senator Jenkins, do you yield? [SPEAKER CHANGES] Certainly. [SPEAKER CHANGES] The Mobility Fund. Can you tell me where that money goes? [SPEAKER CHANGES] I cannot. That was created after my involvement with the department. [SPEAKER CHANGES] Okay. Would Senator Rabin yield to that question? [SPEAKER CHANGES] Senator Rabin, do you yield for a question? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] Could you tell me what projects are included in the Mobility Fund? [SPEAKER CHANGES] Yes, sir. Every capital project in the state that is not in the Highway Fund can qualify for the Mobility Fund, including certain other projects like New Starts and other projects that are in the equity. What happens is the Mobility Fund helps people with their equity so the locals can decide what they want. It takes projects that are not in statute and puts them on a level playing field and allows the data that drives the individual projects to do its job. [SPEAKER CHANGES] Would he yield to another question? [SPEAKER CHANGES] Senator Rabin, do you yield? [SPEAKER CHANGES] I yield. [SPEAKER CHANGES] And who makes the decisions on which projects in the Mobility Fund get funded? [SPEAKER CHANGES] The projects in the Mobility Fund come under the prioritization that we passed in the last session. [SPEAKER CHANGES] Would he yield to another question? [SPEAKER CHANGES] Senator Rabin, do you yield? [SPEAKER CHANGES] I will. [SPEAKER CHANGES] What was that priority? I’m trying to determine what the Mobility Fund is. That’s something new that we created last time, but, for the life of me, I don’t know what roads are entered or how you get a road in it. Can you share that with us? [SPEAKER CHANGES] The Mobility Fund, Senator, as you will recall I’m sure, is part of the Highway Trust Fund. It is not brand new, it’s something that’s been around.

What are your hopes on that request? [SPEAKER CHANGES] Senator Raven do you yield? [SPEAKER CHANGES] Yes sir. [SPEAKER CHANGES] What roads are in there or how do you get a road funded under the mobility fund? Does it go through the TIP? Does it go to the board of transportation? Does the governor decide? Who makes the decision and how do you get something funded by it? [SPEAKER CHANGES] TIP projects I believe are Senator qualify. Basically, any shovel ready project in the state can apply, and can be qualified. [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] Senator, you have the floor to speak on the bill. [SPEAKER CHANGES] Mr. President, members of the Senate. I think the best thing to do is to object to third reading and try to get some information on this. If we’re appropriating 60 some million dollars here in March. You understand we haven’t done the appropriations bill yet, but we’re moving 60 some million dollars from one fund into another as we go into the future, annually. That money will go in there every year for a number of years. I think we need to know where we’re moving the money to and who’s getting it. I’d like to at the proper time object to a third reading and try to get some information on exactly what we’re doing here. [SPEAKER CHANGES] Any further discussion or debate? [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Hunt, for what purpose do you rise? [SPEAKER CHANGES] To debate the bill. [SPEAKER CHANGES] Senator, you have the floor to debate the bill. [SPEAKER CHANGES] Just going back to the original part about the red route. We are in the unfortunate situation as been described that the federal government requires this route to be studied. There’s no question that it aint going to be built. Nobody wants to build it, but it’s got to be studied. If we want this 540 route to be done in Wade County, then we need to go ahead and study the red route. The mayor of Garner is a friend of mine and he advises me that he is absolutely in favor of studying the route. He absolutely doesn’t want to build it, but he wants to move this bill forward. Thank you. [SPEAKER CHANGES] Senator Tucker, for what purpose do you rise? [SPEAKER CHANGES] To ask the bill’s sponsor a question. [SPEAKER CHANGES] Senator Rabin, do you yield for a question? [SPEAKER CHANGES] What? Yes, I yield. [SPEAKER CHANGES] Well, first of all thank you for funding the Monroe bypass. We’ve only been waiting on it thirty years longer than Senator Nesbitt’s been down here. I appreciate that. In no way will the funding of 540, which as I understand it is the second built road around Raleigh. Will it impact the completion of 485, that first built road around Charlotte? It won’t impact that all will it? [SPEAKER CHANGES] This bill? [SPEAKER CHANGES] Yes, sir. [SPEAKER CHANGES] No sir. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] Any further discussion or debate? [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator McKissick, for what purpose do you rise? [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] Senator you have the floor to speak on the bill. [SPEAKER CHANGES] I think the bill we have here. First of all, let’s start out with the language dealing with the 540 issue. It did get amended in today’s committee to deal with some of the financial issues. The thing that I would point out is that the federal government absolutely will not under national environmental policy act proceed with this project at all unless the bill that was passed previously is rescinded. It must be rescinded. It’s almost a perfect illustration of what we should stay away from doing. When we start micromanaging and trying to dictate what roads will or will not get built here in the general assembly. We should leave that to DOT and the transportation planners. If we had not gotten to this point, this bill would not be needed, but we need to rescind what we did previously. I’m sure that when we did it, it was well intended. We did not want to see those businesses out in Garner adversely impacted. The motivation was 100% genuine. But, by doing it the only thing we’ve done is slow down this process. I think what Senator Hunt has indicated, Senator Raven have indicated is indeed the way we should vote on this bill. It’s the right thing to do. More importantly, we should take heed and not put ourselves in these type of positions in the future. [SPEAKER CHANGES] Any further discussion or debate. Senator Rabin, for what purpose do you rise? [SPEAKER CHANGES] Thank you. I’d like to speak on the bill a second time. [SPEAKER CHANGES] Senator you have the floor to speak on the bill a second time. [SPEAKER CHANGES] Thank you Mr. President and members. The debate that is going on here today is one that we have had. We had it last year during the government budget. Let me be clear on a couple of things that I failed to mention the first time I talked. First, this passed unanimously in the committee this morning. The members of that committee… [SPEAKER CHANGES]

see the need for this, and the need to move forward. Secondly and to clarify for all those present, this bill does not kill any project. It simply, to use a quote that I heard recently, brings the wrath into the daylight, and it makes everyone compete on a level playing filed for every project in the state. It's that simple. It doesn't point a finger at anyone, it doesn't take anyone out of any plan. It just makes everything fair, and legal, and transparent for everyone and every project in the state. Any project that wants to stand on its own merit, any project that the locals, who have a big input in the prioritization system, want to move forward, they're perfectly able and capable of moving those projects forward. I would also like to mention that some of these projects, and some of the divisions for which these projects are, have a tremendous, tremendous amount of equity dollars, that they can spend on any project in their area that they want to spend. And so, we're not cramping anyone's style. We're simply giving everyone a fair shake in allowing this process that we started 2 years ago to move ahead, and to move ahead fairly. And I again, would hope that the Senator would not object to the 23rd reading. This is very important to move forward, for Wake County, and this area, and again, I would appreciate your support. Thank you. [SPEAKER CHANGES]Any further discussion or debate. Hearing none, the question before the Senate is the passage of Senate Committee Substitute to House Bill 10, on its 2nd 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, Cook, Cook? Up or down? [SPEAKER CHANGES]Aye. [SPEAKER CHANGES]Clark, no. No, Cook changed his vote to no. 37 having voted in the affirmative, and 13 in the negative, the Senate Committee Substitute to House Bill 10 passes its 2nd reading. [SPEAKER CHANGES]Mr. President. [SPEAKER CHANGES]Senator Apodaca, for what purpose to you rise? [SPEAKER CHANGES]Will Senator Rabon yield to a question? [SPEAKER CHANGES]Senator Rabon, do you yield? [SPEAKER CHANGES]Certainly. [SPEAKER CHANGES]Senator Rabon, am I incorrect in assuming by placing these additional funds in the Mobility Fund, that any of us that have a particular project in our area, that would be more funds available to do our project. Is that correct? [SPEAKER CHANGES]That is correct. [SPEAKER CHANGES]Follow up. [SPEAKER CHANGES]Senator Rabon do you? [SPEAKER CHANGES]So if I have Interstate 26 between Hendersonville and Asheville, that feeds into the connector to go around Asheville, that we've been denied for more years than I think I've been borne, that would be funds available so we could move the connector up a little quicker. Is that not correct? [SPEAKER CHANGES]I'm not familiar with that specific project, but I would assume that all projects would be moved forward. [SPEAKER CHANGES]Okay. To speak on the floor please. [SPEAKER CHANGES]Senator, you have the floor to speak on the bill. [SPEAKER CHANGES]In my opinion, a vote against this, you're setting back any project in your area by some days, or even years, so I encourage your support. [SPEAKER CHANGES]Without objection. [SPEAKER CHANGES]Objection. Objection, Mr. President. [SPEAKER CHANGES]Senator Nesbitt. Senator Nesbitt objects to the 3rd reading and Senate Committee Substitute to House Bill 10, will be placed on the calendar. Senators, upon the motion of Senator Michael Walters of Robeson County, the Chair is happy to extend the courtesies of the gallery to Mayor Alan Fowler of Proctorville, North Carolina. Mayor Fowler, are you still with us in the gallery? Thank you very much for being here with us today. Do we have any notices or announcements. [SPEAKER CHANGES]Mr. President. [SPEAKER CHANGES]Senator Brock, for what purpose do you rise? [SPEAKER CHANGES]Republicans will caucus on the 3rd floor auditorium, 15 minutes after session. [SPEAKER CHANGES]Any other notices or announcements? [SPEAKER CHANGES]Mr. President. [SPEAKER CHANGES]Senator Hise, for what purpose do you rise? [SPEAKER CHANGES]On a point of personal privilege. [SPEAKER CHANGES]Senator, you have the floor for a moment of personal privilege.

[Speaker Change] Thank you members of the Senate. I would like to take just a moment to extend a special recognition to the North Carolina Chapter of the March of Dimes in observance today of the seventh anniversary of the March of Dimes. March of Dimes is a foundation that is a pioneer in premature birth prevention, birth defect prevention, and the establishment of a nationwide network in birth defect monitoring and programs. This June, March of Dimes was instrumental in passing a federal funding, funding for the federal national screening saves lives act. Which established guideline for newborn screening. I say from a personal note, being the father of twins, and having to spend several nights in a NICC unit in Ashville. When you go into those environments, you can quickly see the value of the March of Dimes and what it can provide and what it can prevent. And with that being said Mr. President, I would like to send forward a Senatorial statement of personal privilege. [Speaker Change] You can send forth your statement Senator. [Speaker Change] Mr. President. [Speaker Change] Senator Hise, what purpose do you rise? [Speaker Change] Mr. President, I would like to ask that the statement of personal privilege, request that it be read aloud following the General Session and included in the journal. [Speaker Change] Thank you Senator. Senator Walters, what purpose do you rise? [Speaker Change] Moment of personal privilege. [Speaker Change] Senator you have the floor for a point of personal privilege. [Speaker Change] Thank you body and thank you for allowing me to stand today. As you heard earlier, the Mayor of Proctorville North Carolina is with us today. It’s a small community of a hundred and seventeen. But a community was founded in nineteen thirteen on March seventh. It was formed, or started around the eighteen seventies, a rural community in Southeastern Robeson County with a huge, agricultural background with a lot of small business people come from there Senator Apodaca. But it’s my pleasure to say on Saturday at eleven o’clock, that we’re going to honor the hundredth anniversary of the town of Potterville. It was formed around the railroad so it tells us how important infrastructure is to the State of North Carolina as we move this State forward. And at this time I’d like to thank Mayor Fowler for attending today. Thank you. And I’d like to send forth the Senatorial statement. [Speaker Change] Senator, you can send forth your statement. Thank you. Are there anymore notices or announcements? Senator brown, for what purpose do you rise? [Speaker Change] A moment of personal privilege. [Speaker Change] Senator you have the floor for a moment of personal privilege. [Speaker Change] Ladies and gentlemen, the Senate, last year you may recall that I tried to tackle the issue of property insurance in the State of North Carolina and the beach plan, so called beach plan and the issue that we’re trying to deal with in the State. I got a Bill passed that I thought would address this issue but I don’t know if you have seen, who you should of gotten in the last few days the proposed rate increases for property insurance in the State of North Carolina. And I just wanted to tell you how broken this system is in my opinion and not sure how to fix it, but just how much it needs to be fixed because of what’s going on. The new proposals that came out with this, that were effective on July first that the insurance commissioner sent out. I’m going to give you a breakdown on what this means. The Coastal North Carolina, if you live in Brunswick, Carter, New Hanover, Onslow, or Pender County, and you live on the coast, your insurance is going to go from four thousand six hundred and eight. Now this is on a three hundred thousand dollar home, which is probably a moderate home in that region, your insurance will go from four thousand six hundred and eighty four dollars a year to five thousand six hundred and fifteen, or twelve dollars a year, a nineteen percent increase. Alright, if you live in the rest of, say Onslow County, your premium on a three hundred thousand dollar home, is going to go from three thousand two hundred and thirty two dollars to three thousand five hundred and eight dollars. Three hundred thousand dollar home. Let me say this on the coast, right now you have rules as far as building codes that you have to build a home, pretty much to within stand about a hundred and forty mile per hour wind, which adds about a five thousand dollar cost to a home. If you build one on the coast right now. Plus if you buy a policy on the coast, most policies will have from anywhere of a two to five present deductible on that policy. So if you’ve got a three hundred thousand dollar home, you’ve got.

306: Speaker 1: Fifteen thousand dollars deductible of your five percent. So you can lose every shingle on your house, and you have no coverage basically. Or else you should live in Charlotte; if you live in Charlotte you are paying on a $300,000/ home, a $ 1058 dollars, you will now go to $ 1148. So if you are in the Coast you are going to pay over five times more and you are in Charlotte. If you live in Wake County you are paying on analysis $1250 it will go to $ 1284s. So again about $5000 more if you live on the Coast and if you live in Wake County. I’ve always known this is wrong, because everybody wants to talk about all the rich homes on the Coast. I can say we have a lot of senior citizens who are on fixed incomes and live in the Coast xxx a redeemable issue. But if you live in Bladen?, Columbus or Robeson?] county probably you could say all four sections in the state your insurance will go from $2108 to $ 2324, on a three hundred thousand dollar home in those counties. I hope to just illustrate how bad a problem we have is on xxx insurance in the state. I can tell you right now, that I have got senior citizens in my district; even today I don’t know how many xx I’ve had about this rate increase. We have got a serious problem .I don’t know the fix. I wish I did. But as an issue I think all I need to think about it and give a fixed loan because it’s going to be an issue; you can’t live on the Coast any longer. If you are a senior you definitely can’t live on the Coast because you can’t afford to pay your insurance any longer. That’s how bad this problem is. I just felt like I needed to bring it every one’s attention how bad this issue is, and just how much we need a fix for this problem. Speaker changes: Motions and announcements . Representative xx for what purpose you arise? Speaker changes: To make an announcement. Speaker changes: Please make your announcement. Speaker changes: On Wednesday March 13,2014 in North Carolina a dermatologists association is sponsoring a free skin screening for legislators, their staff and the public and it’ll be from 9o’clock A.M. to 3 o’clock P.M held in Room. No. 1124 thank you. Speaker changes: Thank you senator. Any more xx and announcements. Speaker changes: xxx would like to extend courtesies to someone you wanted over from the [dark side ??] to speak to the House. xxx Thank you Mr. Speaker for joining us.[applause] for the senate. If not the chair recognizes senate bill for motion. Speaker changes: I must the senate to now join subject : The introduction to bills and resolutions , receive referral and re-referral of committee reports, the receipt of messages from the House and the Governor and the reading of senatorial statements to re- convene on Thursday, March 17, 2013 at 11 A.M . Speaker changes: Motions and senate xx now adjourned subject to the stipulations stated by Senator Berger to re-convene Thursday March 17, at 11 A.M seconded by Representative Sanderson seconded by all senators who are registered donors. If you are a registered donor, please stand and be recognized as a registered organ donor. Thank you very much. All in favor will say aye, opposed no. The ayes have it. The senate stands adjourned.